Journal of the Senate of the State of Georgia regular session 1988 volume two, commenced at Atlanta, Georgia, Monday, January 11, 1988 and adjourned Monday, March 7, 1988

Compiler's Note
The Journal of the Senate for the regular session of 1988 is bound in two separate volumes. Volume I contains January 11, 1988 through February 23, 1988. Volume II contains February 24, 1988 through March 7, 1988 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1988
VOLUME II
Commenced at Atlanta, Georgia, Monday, January 11, 1988 and adjourned Monday, March 7, 1988

OFFICERS
OF THE
STATE SENATE
1988
ZELL MILLER ..................... President (Lieutenant Governor)
TOWNS COUNTY
JOSEPH E. KENNEDY ..................... President Pro Tempore
EVANS COUNTY
HAMILTON McWHORTER, JR.............. Secretary of the Senate
OGLETHORPE COUNTY
MARVIN W. "CAP" HICKS ...................... Sergeant-at-Arms
FLOYD COUNTY
STAFF OF SECRETARY OF SENATE ALICE E. HOGE ............................... Assistant Secretary
FULTON COUNTY
SARALYN FOSTER ................................... Bill Clerk
DeKALB COUNTY
SHIRLEY SHELNUTT .............................. Journal Clerk
ROCKDALE COUNTY
ROBERT F. EWING .......................... Assistant to Secretary
DeKALB COUNTY
AGNES DOSTER ................................. Enrolling Clerk
GWINNETT COUNTY
CLARA CELANO ................................ Bill Status Clerk
COBB COUNTY
SARAH BROWNE .............................. Assistant Bill Clerk
FULTON COUNTY
LINDA THOMPSON................................ Calendar Clerk
CLAYTON COUNTY
FAYE MOORE .................................. Information Clerk
GWINNETT COUNTY

WEDNESDAY, FEBRUARY 24, 1988

1217

Senate Chamber, Atlanta, Georgia Wednesday, February 24, 1988 Thirty-second Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1799. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing a new board of commissioners of Henry County, so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a countywide basis; to provide that such chairman shall be the chief executive officer of the county.
HB 1800. By Representative Yeargin of the 14th: A bill to amend an Act creating and incorporating the City of Comer, so as to provide for the continuation of the governing body of the city; to change certain designations and references; to provide for the election of the councilpersons of the City of Comer from council districts.
HB 1801. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th: A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, so as to change the provisions relating to jurisdiction; to change the provisions relating to the qualifications of the judge and solicitor.
HB 1803. By Representative Adams of the 79th: A bill to create and establish an airport authority in and for the County of Upson and City of Thomaston.
HB 1805. By Representative Parrish of the 109th: A bill to amend an Act establishing the State Court of Candler County, so as to change the compensation of the secretary of the solicitor of that court; to provide an effective date.
HB 1807. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Rockdale County during designated periods as provided in Code Section 40-2-20.1 of the O.C.G.A.

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HB 1809. By Representative Edwards of the 112th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Marion County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.
HB 1810. By Representative Edwards of the 112th:
A bill to provide a new charter for the City of Butler; to provide for the incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.
HB 1812. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act creating a new charter for the City of Jonesboro, so as to provide a method of filling vacancies in the office of mayor or councilman.
HB 1815. By Representatives Barnett of the 59th, Wall of the 61st, Pittman of the 60th, Bannister of the 62nd, Wood of the 9th and others: A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to create a new board of commissioners of Gwinnett County.
HB 1816. By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city.
HB 1744. By Representative Ray of the 98th: A bill to provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Crawford County school district who is 62 years of age or over and who does not have an income from all sources exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.
HB 1808. By Representatives Clark of the 20th, Isakson of the 21st, Atkins of the 21st, Gresham of the 21st, Wilder of the 21st and others:
A bill to provide a $10,000.00 additional homestead exemption from all City of Marietta ad valorem taxes for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for effectiveness; to provide for a referendum and automatic repeal.
HB 1814. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to establish a homestead exemption from city ad valorem taxes for residents of the City of Riverdale, Georgia, who are 65 years of age or over and who own and occupy their residences if the gross income of said residents, together with the gross income of their spouses, does not exceed $4,000.00 for the immediately preceding taxable year; to provide for a referendum.
SB 507. By Senator McKenzie of the 14th: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Schley County and establishing the office of Tax Commissioner of Schley County, as amended, so as to change the method of compensation of the tax commissioner; to provide an effective date.

WEDNESDAY, FEBRUARY 24, 1988

1219

SB 639. By Senator Muggins of the 53rd:
A bill to amend an Act creating a new charter for the City of LaFayette, as amended, so as to change and define the corporate limits of the City of LaFayette.
SB 645. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and others:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act" so as to clarify the purpose of this Act; to change a definition and add additional definitions; to provide for the life of the district and for procedures to extend the life of the district; to provide for a tax cap.
HB 1802. By Representatives Isakson of the 21st and Colbert of the 23rd:
A bill to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to the introduction of bills having significant impact upon anticipated revenues or expenditures and fiscal notes, so as to require as part of a fiscal note an explanation of the impact of a bill on the taxpayers of this state.
HB 1779. By Representatives Moore of the 139th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Mangum of the 57th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change references to the State Board of Postsecondary Vocational Education to the Department of Technical and Adult Education.
HB 1781. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transportation to contract, so as to provide that persons, firms, or corporations submitting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations.
HB 704. By Representatives Couch of the 40th, Johnson of the 72nd, Lane of the 27th, Selman of the 32nd, Greer of the 39th and others:
A bill to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to provide that persons employed after a certain date by a certain county school system shall be members of the Teachers Retirement System of Georgia and may not be members of a local retirement fund.
HB 1388. By Representatives Parham of the 105th and Parrish of the 109th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of such substances.
HB 1797. By Representatives Birdsong of the 104th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Pinkston of the 100th and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to create the honorary office of sheriff emeritus; and for other purposes.

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HB 1806. By Representatives Ray of the 98th, Reaves of the 147th, Sherrod of the 143rd, Royal of the 144th and Carrell of the 65th:
A bill to amend Code Section 4-3-10 of the Official Code of Georgia Annotated, relating to fees for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals, so as to change such fees.

HB 1156. By Representatives Murphy of the 18th, Thomas of the 69th, Simpson of the 70th, Watts of the 41st, Cummings of the 17th and others:
A bill to create the West Georgia Regional Water Authority and to authorize such authority to acquire or construct a regional water supply reservoir, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corporations, and municipal corporations.

HB 1692. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Coleman of the 118th, Moody of the 153rd and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers.

The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:

HR 705. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller.

HR 749. By Representative Lawler of the 20th: A resolution compensating Mr. Jack Prince, Delta Y Corporation, Inc.

HR 777. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution compensating Mr. Curtis Rogers.

HR 793. By Representative Goodwin of the 63rd: A resolution compensating Ms. Lorraine Strickland.

SR 282. By Senator Dean of the 31st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Paulding County, Georgia; to provide an effective date.

WEDNESDAY, FEBRUARY 24, 1988

1221

SR 245. By Senator Fincher of the 54th: A resolution designating the Hill Wilbanks Memorial Bridge.
SR 356. By Senators Ragan of the 32nd, Harrison of the 37th, Newbill of the 56th and others: A resolution designating the Arthur T. Bacon Bridge.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1752. By Representatives Foster of the 6th, Griffin of the 6th, Oliver of the 121st, Aaron of the 56th, Hensley of the 20th and others: A bill to amend Code Section 39-2-8 of the Official Code of Georgia Annotated, relating to the employment of certain minors during school vacation months, so as to authorize the employment of certain minors during school vacation months in the care and maintenance of lawns, gardens, and shrubbery under certain conditions.
HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefleld of the 72nd and others: A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.
HB 1701. By Representative Randall of the 101st: A bill to amend Code Section 43-7A-13 of the Official Code of Georgia Annotated, relating to requirements for licensure in marriage and family therapy, so as to provide that a law degree meets the educational requirements for licensure.
The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:
HB 1468. By Representative Jackson of the 9th: A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, so as to make it unlawful to operate allterrain vehicles on any public road.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1435. By Representative McDonald of the 12th: A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to the standard for investments by executors and trustees, so as to change certain provisions relating to the definition of a prudent person; to change the factors that the fiduciary may consider in making investment decisions; to provide that individual investments shall be considered as a part of an overall investment strategy.
HB 34. By Representatives Phillips of the 120th and Patten of the 149th: A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act", so as to require a permit for the burning of any woods, lands, marshes, or other flammable or combustible materials or vegetation; to provide procedures and requirements for obtaining such permit.
The House insists on its position in disagreeing to the Senate substitute, and has ap-

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pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
HB 159. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require insurance companies to obtain a certificate of title for certain vehicles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.
The Speaker has appointed on the part of the House, Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th.
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for certain legal proofs and assumptions.
The Speaker has appointed on the part of the House, Representatives Chambless of the 133rd, Thomas of the 69th and Groover of the 99th.
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.
The Speaker has appointed on the part of the House, Representatives Crosby of the 150th, Harris of the 84th and Chambless of the 133rd.
The House has rejected the report of the Committee of Conference on the following bill of the Senate:
SB 28. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any state employee injured in the line of duty shall be entitled to his regular compensation for the period of time that any such state employee is physically unable to perform the duties of his employment.

WEDNESDAY, FEBRUARY 24, 1988

1223

The House has discharged the first Committee of Conference and has appointed a second Committee of Conference on SB 28.
The Speaker has appointed on the part of the House, as a second Committee of Conference on SB 28, Representatives Alford of the 57th, Barnett of the 10th and Couch of the 40th.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd, Simpson of the 70th and Williams of the 48th:
A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsibility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capacity to appreciate the wrongfulness of the conduct.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 680. By Senators Newbill of the 56th, Harrison of the 37th and Ragan of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 681. By Senator Echols of the 6th:
A bill to provide that future school superintendents of the Pierce County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates. Referred to Committee on Urban and County Affairs.
SR 417. By Senator Bowen of the 13th:
A resolution creating the Joint Public Safety Study Committee on Communications. Referred to Committee on Public Safety.
SR 418. By Senator Bowen of the 13th:
A resolution supporting the Georgia Public Safety Memorial. Referred to Committee on Public Safety.
SR 421. By Senator Howard of the 42nd:
A resolution urging the Governor to encourage the law enforcement officers and agencies of this state and its political subdivisions to intensify their enforcement of the litter control laws of this state. Referred to Committee on Rules.

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The following bills and resolutions of the House were read the first time and referred to committees:
HB 704. By Representatives Couch of the 40th, Johnson of the 72nd, Lane of the 27th and others:
A bill to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to provide that persons employed after a certain date by a certain county school system shall be members of the Teachers Retirement System of Georgia and may not be members of a local retirement fund. Referred to Committee on Retirement.
HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd and others:
A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsibility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capacity to appreciate the wrongfulness of the conduct. Referred to Committee on Judiciary.
HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989. Referred to Committee on Appropriations.
HB 1388. By Representatives Parham of the 105th and Parrish of the 109th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of such substances. Referred to Committee on Judiciary.
HB 1692. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers. Referred to Committee on Education.
HB 1701. By Representative Randall of the 101st:
A bill to amend Code Section 43-7A-13 of the Official Code of Georgia Annotated, relating to requirements for licensure in marriage and family therapy, so as to provide that a law degree meets the educational requirements for licensure. Referred to Committee on Special Judiciary.
HB 1752. By Representatives Foster of the 6th, Griffin of the 6th, Oliver of the 121st and others:
A bill to amend Code Section 39-2-8 of the Official Code of Georgia Annotated, relating to the employment of certain minors during school vacation months, so as to authorize the employment of certain minors during school vacation months

WEDNESDAY, FEBRUARY 24, 1988

1225

in the care and maintenance of lawns, gardens, and shrubbery under certain conditions. Referred to Committee on Children and Youth.
HB 1779. By Representatives Moore of the 139th, Smyre of the 92nd, Benefield of the 72nd and others: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change references to the State Board of Postsecondary Vocational Education to the Department of Technical and Adult Education.
Referred to Committee on Retirement.
HB 1781. By Representatives Porter of the 119th and Coleman of the 118th: A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transportation to contract, so as to provide that persons, firms, or corporations submitting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations.
Referred to Committee on Transportation.
HB 1797. By Representatives Birdsong of the 104th, Murphy of the 18th, Walker of the 115th and others: A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to create the honorary office of sheriff emeritus.
Referred to Committee on Public Safety.
HB 1802. By Representatives Isakson of the 21st and Colbert of the 23rd: A bill to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to the introduction of bills having significant impact upon anticipated revenues or expenditures and fiscal notes, so as to require as part of a fiscal note an explanation of the impact of a bill on the taxpayers of this state.
Referred to Committee on Rules.
HB 1806. By Representatives Ray of the 98th, Sherrod of the 143rd, Royal of the 144th and Carrell of the 65th: A bill to amend Code Section 4-3-10 of the Official Code of Georgia Annotated, relating to fees for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals, so as to change such fees.
Referred to Committee on Agriculture.
HR 705. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller in the sum of $3,239.51.
Referred to Committee on Appropriations.
HR 749. By Representative Lawler of the 20th: A resolution compensating Mr. Jack Prince, Delta Y Corporation, Inc. in the sum of $1,007.57.
Referred to Committee on Appropriations.
HR 777. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution compensating Mr. Curds Rogers in the sum of $1,150.00.
Referred to Committee on Appropriations.

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HR 793. By Representative Goodwin of the 63rd:
A resolution compensating Ms. Lorraine Strickland in the sum of $10,000.00.
Referred to Committee on Appropriations.
HB 1156. By Representatives Murphy of the 18th, Thomas of the 69th, Simpson of the 70th and others:
A bill to create the West Georgia Regional Water Authority and to authorize such authority to acquire or construct a regional water supply reservoir, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corporations, and municipal corporations.
Referred to Committee on Urban and County Affairs.
HB 1744. By Representative Ray of the 98th:
A bill to provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Crawford County school district who is 62 years of age or over and who does not have an income from all sources exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.
Referred to Committee on Urban and County Affairs.
HB 1799. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a countywide basis; to provide that such chairman shall be the chief executive officer of the county. Referred to Committee on Urban and County Affairs.
HB 1800. By Representative Yeargin of the 14th:
A bill to amend an Act creating and incorporating the City of Comer, so as to provide for the continuation of the governing body of the city; to change certain designations and references; to provide for the election of the councilpersons of the City of Comer from council districts.
Referred to Committee on Urban and County Affairs.
HB 1801. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, so as to change the provisions relating to jurisdiction; to change the provisions relating to the qualifications of the judge and solicitor.
Referred to Committee on Urban and County Affairs.
HB 1803. By Representative Adams of the 79th:
A bill to create and establish an airport authority in and for the County of Upson and City of Thomaston.
Referred to Committee on Urban and County Affairs.

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1227

HB 1805. By Representative Parrish of the 109th:
A bill to amend an Act establishing the State Court of Candler County, so as to change the compensation of the secretary of the solicitor of that court; to provide an effective date. Referred to Committee on Urban and County Affairs.
HB 1807. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Rockdale County during designated periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Referred to Committee on Urban and County Affairs.
HB 1808. By Representatives Clark of the 20th, Isakson of the 21st, Atkins of the 21st and others:
A bill to provide a $10,000.00 additional homestead exemption from all City of Marietta ad valorem taxes for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for effectiveness; to provide for a referendum and automatic repeal. Referred to Committee on Urban and County Affairs.
HB 1809. By Representative Edwards of the 112th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Marion County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Referred to Committee on Urban and County Affairs.
HB 1810. By Representative Edwards of the 112th:
A bill to provide a new charter for the City of Butler; to provide for the incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority. Referred to Committee on Urban and County Affairs.
HB 1812. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating a new charter for the City of Jonesboro, so as to provide a method of filling vacancies in the office of mayor or councilman. Referred to Committee on Urban and County Affairs.
HB 1814. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to establish a homestead exemption from city ad valorem taxes for residents of the City of Riverdale, Georgia, who are 65 years of age or over and who own and occupy their residences if the gross income of said residents, together with the gross income of their spouses, does not exceed $4,000.00 for the immediately preceding taxable year; to provide for a referendum. Referred to Committee on Urban and County Affairs.

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HB 1815. By Representatives Barnett of the 59th, Wall of the 61st, Pittman of the 60th, Bannister of the 62nd and others:
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to create a new board of commissioners of Gwinnett County.
Referred to Committee on Urban and County Affairs.

HB 1816. By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1724. Do pass.
Respectfully submitted,
Senator Langford of the 35th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 360. Do pass.

HB 1619. Do pass.

HB 1189. Do pass.

HB 1318. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1499. Do pass.

HB 1594. Do pass.

HB 1501. Do pass.

HB 1550. Do pass by substitute.

HB 1502. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 653. Do pass.

SB 669. Do pass.

SB 655. Do pass.

SB 670. Do pass.

WEDNESDAY, FEBRUARY 24, 1988

1229

SB 671. SB 672. HB 1504. HB 1505.

Do pass.

HB 1633. Do pass by substitute.

Do pass as amended.

HB 1698. Do pass.

Do pass by substitute.

HB 1751. Do pass.

Do pass by substitute.

HB 1793. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 641. By Senators Newbill of the 56th, Barnes of the 33rd, Harrison of the 37th and Ragan of the 32nd:
A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, so as to provide for legislative findings; to provide for a child and adolescent drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction.

SB 651. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to possession of firearms by convicted felons and first offender probationers, so as to provide that the provisions of such Code section shall not apply to or prohibit any person who is on probation as a first offender for an offense against property or who has completed such probation from receiving, possessing, transporting, or otherwise using a rifle or shotgun solely for the purpose of hunting.

SB 665. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to the reporting of child abuse, so as to protect employees making reports of child abuse from retaliation or discrimination by their employer; to provide civil penalties for employers retaliating or discriminating against employees for reporting child abuse; to provide an effective date.

SR 377. By Senators Foster of the 50th and Barnes of the 33rd:
A resolution urging the State Board of Education to encourage uniform personnel procedures among the local boards of education.

SR 388. By Senators Langford of the 35th, Garner of the 30th and Engram of the 34th: A resolution relative to youthful or retarded offenders sentenced to death.

SR 404. By Senators Deal of the 49th, Foster of the 50th, Harrison of the 37th and others:
A resolution relative to the State Personnel Board and the health insurance plan for public school teachers.

SR 407. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee.

HB 841. By Representative Hamilton of the 124th:
A bill to amend Code Section 50-13-17 of the Official Code of Georgia Annotated, relating to agency decisions in contested cases, so as to provide that all findings

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of fact by agencies shall be accompanied by a concise and explicit statement of underlying facts supporting the findings.
HB 1123. By Representative Richardson of the 52nd:
A bill to amend Code Section 51-1-18 of the Official Code of Georgia Annotated, relating to the tort of furnishing alcoholic beverages to minors, so as to provide that either parent has a right of action against persons who sell or furnish alcoholic beverages to certain minors.
HB 1151. By Representative Porter of the 119th:
A bill to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to change certain provisions relating to trustee powers which render a trust executory and termination of irrevocable executory trusts.
HB 1261. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Thompson of the 20th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails generally, so as to provide that chiefs of police shall be the municipal corporations' jailers; to provide for the keeping of records.
HB 1278. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to change provisions relating to selection of members of such boards; to provide that persons selected to serve as members must be qualified and competent to serve as grand jurors but need not be on the current grand jury list.
HB 1280. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of tax executions, so as to provide that it shall be unlawful for certain tax officials and their employees to pay tax executions in order to obtain transfer of such executions; to provide that executions transferred in violation of the foregoing shall be void and unenforceable.
HB 1339. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, McDonald of the 12th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide for the creation and establishment of the State Housing Trust Fund; to provide for a State Housing Trust Fund Commission.
HB 1385. By Representatives Ray of the 98th, Banner of the 131st, Ramsey of the 3rd and others:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for peace officers to perform unattended vehicle checks on motor vehicles left unattended on a public street, road, or highway or other public property; to provide for the attachment and filing of unattended vehicle check cards.
HB 1394. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend Chapter 16 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of firearms dealers, so as to require firearms dealers to

WEDNESDAY, FEBRUARY 24, 1988

1231

make reports of purchases, exchanges, or trades of used firearms to local law enforcement agencies; to provide for the time, manner, and content of such reports.
HB 1415. By Representative Crosby of the 150th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.
HB 1455. By Representative Robinson of the 96th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.
HB 1464. By Representatives Sherrod of the 143rd, Royal of the 144th, Barnett of the 10th, Sizemore of the 136th, Balkcom of the 140th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of agricultural property, so as to provide that a certain amount of property subject to a covenant of agricultural use may under certain circumstances be transferred to a relative of an owner of the property.
HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st and others:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.
HB 1479. By Representatives Oliver of the 53rd, Martin of the 26th, Pannell of the 122nd and Dunn of the 73rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to make it unlawful to intimidate, impede, or obstruct or to endeavor to intimidate, obstruct, or impede certain judicial officers and other public officers in the carrying out of their official duties or to injure such officers on such account.
HB 1545. By Representatives Pannell of the 122nd, Robinson of the 96th, Oliver of the 53rd and Groover of the 99th:
A bill to amend Code Section 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, so as to provide that the fees of an auditor shall be assessed as court costs; to amend Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, so as to provide that such compensation shall be assessed as court costs.
HB 1571. By Representatives Robinson of the 96th, Lupton of the 25th, Porter of the 119th, Chambless of the 133rd and Buck of the 95th:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," so as to provide that resident domestic corporations shall not engage in certain business combinations with certain interested shareholders.

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HB 1577. By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd and Chambless of the 133rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to change the provisions relating to influencing witnesses.
HB 1598. By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd, Pettit of the 19th and Robinson of the 96th:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to prohibit the destruction, alteration, or falsification of certain records.
HB 1618. By Representative Mostiler of the 75th:
A bill to amend Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definition applicable to relations with nonprofit contractors, so as to exempt cooperative education service agencies from the definition of a "nonprofit contractor".
HB 1631. By Representatives Isakson of the 21st and Chambless of the 133rd:
A bill to amend Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report.
HB 1635. By Representative Lawson of the 9th:
A bill to amend Code Section 9-12-135 of the Official Code of Georgia Annotated, relating to fees for filing foreign judgments, Code Section 15-6-77, relating to fees of clerks of the superior court, and Code Section 19-13-3, relating to petitions for relief from family violence, so as to delete certain specific monetary fees, to include these fees in the listing of fees of clerks of the superior courts, and to incorporate those fees by reference.
HB 1662. By Representatives Lawler of the 20th, Cummings of the 17th and Buck of the 95th:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to make it unlawful to endanger or denigrate another person as a precondition of joining a school organization.
HB 1700. By Representatives Colwell of the 4th and McDonald of the 12th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, as said Code section was amended by Senate Bill 417 adopted at the 1988 regular session of the General Assembly, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide services to promote and protect the public safety at certain automobile racing events.
HB 1707. By Representatives Birdsong of the 104th, Crawford of the 5th and Waldrep of the 80th:
A bill to amend Code Section 45-16-6 of the Official Code of Georgia Annotated, relating to participation in a coroner's training course, so as to provide that any coroner taking a required training course shall receive an expense allowance and travel reimbursement.

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1233

HR 552. By Representatives Watson of the 114th and Kilgore of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced Technology Development Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in areas of technology, manufacturing, or agriculture.

HR 659. By Representatives Galer of the 97th, Watson of the 114th, Kilgore of the 42nd, Branch of the 137th, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corporations or agricultural enterprises which are domiciled in Georgia.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker
Bowen Brannon CCourulremtombnaleny
Deal Dean Echols Edge English Fincher

Foster Gillis Harris Hine
Hudgins Huggins J,K,oehnnnseodn,y
Kldd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd S0Sccootttt oo,ff 32nf6n. dth,
Starr Stumbaugh Timmons Turner Tysinger Walker

Those not answering were Senators:

Barnes BBrroyuannt Coverdell Dawkins

Engram Garner Harrison Howard

Ray Shumake Tate (excused) Taylor

Honorable Arthur Langford, Jr., Senator of the 35th District, served as chaplain of the day, and offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 419. By Senator Foster of the 50th:
A resolution commending Marion E. "Buddy" Smith, Principal of Stephens County High School.

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SR 420. By Senators Foster of the 50th, Deal of the 49th and Bryant of the 3rd: A resolution expressing tribute to Captain Milliard A. Wilbanks.
SR 422. By Senator Dawkins of the 45th:
A resolution honoring Judge Thomas W. Ridgway.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, February 24, 1988
THIRTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 653 Langford, 35th City of Hapeville Fulton County
Provides for a $10,000.00 homestead exemption from all city ad valorem taxes for residents of that city; provides for a definition; provides for procedures relative thereto; provides for effectiveness; provides for a referendum; repeals previously existing homestead exemption.
SB 655 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Newbill, 56th Fulton County Provides additional powers for the medical examiner of county; provides for compelling the attendance of witnesses and for the production of evidence.
SB 669 Kidd, 25th Jones County Changes certain provisions relating to purchases and bids; changes provisions relating to advertisement or purchases; to except the purchase of professional services from certain requirements of law.
SB 670 Kidd, 25th Jones County
Authorizes the Board of Commissioners to lease certain county owned property.
SB 671 Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County Changes the compensation of the judge and clerk of the probate court; provides an effective date.

WEDNESDAY, FEBRUARY 24, 1988

1235

*SB 672 Baldwin, 29th Troup County
Provides for meetings of the Board of Commissioners; provides for a quorum for said meetings; provides for other matters relative to the foregoing. (AMENDMENT)

*HB 1504

Peevy, 48th Phillips, 9th Gwinnett County
Increases the amount of the homestead exemption from county school district ad valorem taxation, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the county school district actually occupied by the owner as a residence and homestead. (SUBSTITUTE)

*HB 1505

Peevy, 48th Phillips, 9th Gwinnett County
Increases the amount of the homestead exemption from county school district taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of county actually occupied by the owner as a residence and homestead. (SUBSTITUTE)

*HB 1633

Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County
Changes the number of investigators in the Cobb Judicial Circuit; changes the number of assistant district attorneys; changes provisions relative to the compensation of the chief investigator. (SUBSTITUTE)

HB 1698 English, 21st Emanuel County
Provides for the composition and election of the Board of Education of county; changes the compensation of the chairman and members.

HB 1751 Brannon, 51st Fincher, 54th City of Dalton Whitfield County
Provides express legislative authority for the conveyance of certain city owned property located in city and county.

HB 1793 McGill, 14th Albert, 23rd Columbia County
Changes the compensation of the tax commissioners of county.

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The amendment to the following bill was put upon its adoption:
*SB 672:
The Senate Committee on Urban and County Affairs offered the following amendment to SB 672:
Amend SB 672 by striking from line 15 of page 1 the following:
"Dallas",
and inserting in lieu thereof the following:
"Dallis".
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
The substitutes to the following bills were put upon their adoption:
*HB 1504:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1504:
A BILL
To be entitled an Act to provide a homestead exemption of $4,000.00 from all county school district ad valorem taxation, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the Gwinnett County school district actually occupied by the owner as a residence and homestead; to provide for a statement of authority; to provide for applicability; to provide for exceptions; to provide for practices and procedures connected with such exemption; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions.
Section 2. The homestead of each resident of the Gwinnett County school district actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Gwinnett County school district ad valorem taxation in the amount of $4,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1990, and for all tax years thereafter.
Section 3. The exemption granted by Section 2 of this Act shall be in lieu of and not in addition to the $2,000.00 exemption from county school district ad valorem taxation granted by the general provisions of the Constitution and laws of this state. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 2 of this Act, then such increased general exemption shall apply rather than the exemption granted by Section 2 of this Act.
Section 4. The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, or municipal taxes.
Section 5. Any person who as of January 1, 1990, has applied for and is eligible for the $2,000.00 exemption from county school district ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the exemption granted by Section 2 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 2 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any person to notify the tax commissioner in the event such person becomes ineligible for the exemption granted by this Act.

WEDNESDAY, FEBRUARY 24, 1988

1237

Section 6. The value of any homestead in excess of the amount exempted by Section 2 of this Act shall remain subject to taxation.

Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gwinnett County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption of $4,000.00 from all Gwinnett County school district ad valorem taxes, except taxes to retire bonded indebtedness, for residents of the Gwinnett County school district?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Gwinnett County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

*HB 1505:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1505:

A BILL
To be entitled an Act to provide a homestead exemption of $4,000.00 from all county ad valorem taxes other than county school district taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead; to provide for a statement of authority; to provide for applicability; to provide for exceptions; to provide for practices and procedures connected with such exemption; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions.
Section 2. The homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Gwinnett County ad valorem taxes other than county school district taxes in the amount of $4,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1990, and for all tax years thereafter.
Section 3. The exemption granted by Section 2 of this Act shall be in lieu of and not in

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addition to the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 2 of this Act, then such increased general exemption shall apply rather than the exemption granted by Section 2 of this Act.

Section 4. The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, or municipal taxes.

Section 5. Any person who as of January 1, 1990, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the exemption granted by Section 2 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 2 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any person to notify the tax commissioner in the event such person becomes ineligible for the exemption granted by this Act.

Section 6. The value of any homestead in excess of the amount exempted by Section 2 of this Act shall remain subject to taxation.

Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Gwinnett County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption of $4,000.00 from all Gwinnett County ad valorem taxes other than county school district taxes, except taxes to retire bonded indebtedness, for residents of Gwinnett County?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Gwinnett County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

*HB 1633:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1633:

A BILL
To be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March

WEDNESDAY, FEBRUARY 24, 1988

1239

25, 1986 (Ga. L. 1986, p. 4726) and an Act approved March 31, 1987 (Ga. L. 1987, p. 5354), so as to change the county supplement for the district attorney; to change the number of investigators; to change the number of assistant district attorneys; to change the provisions relative to the compensation of the chief investigator; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4726) and an Act approved March 31, 1987 (Ga. L. 1987, p. 5354), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The offices of the judges and the district attorney of the Superior Court of the Cobb Judicial Circuit are created.
(b) In addition to the salary payable from state funds, the district attorney of the Cobb Judicial Circuit shall receive a county supplement of $18,780.00 per annum, payable in equal monthly installments out of the funds of Cobb County. The district attorney of the Cobb Judicial Circuit may not engage in the private practice of law in any contested matter in any court in this state; provided, however, that the present district attorney of the Cobb Judicial Circuit and all future district attorneys may prosecute to final completion all cases in which the district attorney's name appears as counsel of record and which were filed prior to assuming the office of district attorney of the Cobb Judicial Circuit."
Section 2. Said Act is further amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows:
"Section 4A. Said district attorney is authorized to appoint seven investigators, for the Cobb Judicial Circuit, to serve at the pleasure of said district attorney and to perform generally such duties as may be assigned by said district attorney. They shall have the same power as a sheriff to make arrests, to execute and return all criminal warrants and processes, and to serve as a peace officer; and they shall be subpoena clerks in the superior court for the purpose of summoning witnesses before the grand jury. One of the investigators shall be designated the chief investigator, and his duties shall include supervision of the remaining investigators and such other duties as may be assigned by the district attorney. The chief investigator shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 nor more than $46,612.80 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. The remaining investigators shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 nor more than $31,678.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County."
Section 3. Said Act is further amended by striking Section 4B in its entirety and substituting in lieu thereof a new Section 4B to read as follows:
"Section 4B. The district attorney is authorized to appoint, in addition to those assistant district attorneys otherwise provided by law, 12 full-time or part-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his duties. All assistant district attorneys shall have been admitted to the practice of law in all of the courts of the State of Georgia and be members in good standing of the State Bar of Georgia. All assistant district attorneys shall be compensated in the sum of not less than $19,185.00 nor more than $51,750.00 per annum, except that the chief assistant district attorney shall receive no more than $54,000.00 per annum. The exact amount of said compensation shall be determined by the district attorney of the Cobb Judicial Circuit. Said sum shall be payable in equal monthly installments from the general funds of said county, with the exception that whenever the State of Georgia shall provide the compensation to any of the assistant district attorneys, the amount of

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state compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia."
Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols

Edge English Fincher Foster Garner Gillis Harris Hine Huggins Johnson Kennedy Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun Dean Engram Harrison

Howard Hudgins Kidd Shumake

Starr Tate (excused) Timmons

On the passage of all the local bills, the yeas were 45, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 672, HB 1504, HB 1505 and HB 1633, having received the requisite constitutional majority, were passed.

SB 672, having received the requisite constitutional majority, was passed as amended.

HB 1504, HB 1505 and HB 1633, having received the requisite constitutional majority, were passed by substitute.

WEDNESDAY, FEBRUARY 24, 1988

1241

SENATE RULES CALENDAR
Wednesday, February 24, 1988
THIRTY-SECOND LEGISLATIVE DAY
SB 589 Certain Corporate Surety Insurers--consumer warranty agreement (Substitute) (Ins--7th)
SB 601 Group, Major Medical Insurance Policies--certain provisions (Substitute) (Ins--29th)
SB 649 Limitations of Actions--revive certain asbestos actions (I&L--43rd) SB 658 Uninsured, Underinsured Liability Coverage--coverage to injured persons
(Amendment) (Ins--49th) SR 395 Senate Alternative Sentencing for Youthful Offenders Study Committee--create
(C&Y--35th) HB 1546 Liability Insurance for Officials--foster parents included (Ins--49th) HB 1523 Public Safety Uniform Division Battalion--process servers (Pub S--27th) HB 1429 Superior Court Clerk--repeal sex criminal record provisions (Judy--49th) HB 768 Felony-Bail Jumping--redefine offense (Substitute) (Judy--29th) HB 1427 Carroll County Superior Court--terms (Judy--30th) HB 1365 State Property--General Assembly approval before certain authorities can sell
(Substitute) (Pub U--41st) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1302 Professional Corporation Shareholder--must be active practitioner (S Judy--28th) HB 1559 Board of Architects--continue (Gov Op--25th) HB 1303 Development Authority Law--redefine "project" (Judy--29th) HR 626 Special Service Districts--issuance of temporary loans (Gov Op--25th) HB 1306 Family Daycare Centers--certain space requirements (C&Y--25th) HB 1597 Honorary Hunting, Fishing Licenses for 65 Year Olds--agreement with other states (Substitute) (Nat R--8th) HB 1377 Board of Occupational Therapy--continue, later terminate (Gov Op--25th) HB 1419 Withholding Tax--calculation of wages subject to (B&F--45th) HR 725 William H. Freeman Memorial Bridge--designate (Trans--1st) HB 1297 Department of Administrative Services--administrative services to local govern ments (Gov Op--19th) HB 1492 Insurance--inclusions in definition of insurer (Ins--55th) HB 1622 Health Insurance Fund--employer's share of contributions (Gov Op--25th) HB 1509 Custody Proceeding--include adoption as well as child (C&Y--42nd) HB 1623 Health Insurance Fund--computing Government Department's contributions (Gov Op--25th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

1242

JOURNAL OF THE SENATE

Senator Starr of the 44th moved that the following bill of the House be withdrawn from the Senate Committee on Appropriations and committed to the Senate Committee on Rules:
HB 1342. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.
On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1342 was with drawn from the Senate Committee on Appropriations and committed to the Senate Com mittee on Rules.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 589. By Senator Perry of the 7th:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain corporate surety insur ers to guarantee certain consumer warranty agreements; to provide for related matters.
The Senate Committee on Insurance offered the following substitute to SB 589:
A BILL
To be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain corporate surety insur ers to guarantee certain consumer warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, is amended by striking paragraph (3) of subsection (b) and inserting in its place a new paragraph (3) to specify certain items constituting property insurance and to read as follows:
"(3) Any contract, agreement, or instrument, other than an agreement, contract, or in strument covered by paragraphs (1) and (2) of this subsection, whereby a person assumes the risk of and the expense or portion thereof for the cost of repair or replacement of a product if such contract, agreement, or instrument is made by a person other than the man ufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of the product sold in conjunction there with, except that this provision shall not apply to:
(A) An agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract;
(B) Any contract, agreement, or instrument relating to similar services furnished by any air carrier that provides interstate air transportation;
(C) Any tire replacement contract, agreement, or instrument; or
(D) A contract, agreement, or instrument whereby a retailer in the business of selling electrical or electronic consumer products assumes the risk of and the expense or portion thereof for the cost of repair or replacement of electrical or electronic consumer products where such contract, agreement, or instrument is guaranteed by a surety bond executed by an authorized corporate surety insurer in favor of and approved by the Commissioner in an amount of not less than $100,000.00."

WEDNESDAY, FEBRUARY 24, 1988

1243

Section 2. Said Code section is further amended by striking paragraph (1) of subsection (c) and inserting in its place a new paragraph to read as follows:
"(1) Any contract, agreement, or instrument, as defined in paragraphs (1), (2), and (3) of subsection (b) of this Code section, shall state the name and address of the insurer which has underwritten the contract, agreement, or instrument, either directly or through a rein surance contract. Any contract, agreement, or instrument as defined in paragraphs (2) and (3) of subsection (b) of this Code section, the performance of which is guaranteed by a surety insurer, shall state the name and address of the surety insurer."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood
Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell
Crumbley Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kennedy Land Langford Newbill

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Broun Dawkins Hine

Kidd McGill

Olmstead Peevy

Those not voting were Senators:

Coleman Engram

McKenzie Shumake

Tate (excused)

On the passage of the bill, the yeas were 44, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 601. By Senator Baldwin of the 29th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide that group conversion policies and major medical policies may contain a provision relating to insurance with other insurers.

1244

JOURNAL OF THE SENATE

The Senate Committee on Insurance offered the following substitute to SB 601:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that group conversion policies and major medical policies may contain a provision relating to certain insurance coverages with other insurers; to make certain coordinating editorial revisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 33-21-13, relating to the issuance and contents of evidence of coverage under certain health benefits plans, and inserting in its place a new paragraph (2) to read as follows:
"(2) No provisions or statements which are in violation of Code Section 33-24-23 or paragraph (9) of subsection (a) of Code Section 33-29-2; and".
Section 2. Said title is further amended by striking the word "and" at the end of para graph (7), by striking the period at the end of paragraph (8) and inserting in its place"; and", and by adding immediately following paragraph (8) of subsection (a) of Code Section 33-29-2, relating to requirements of individual accident and sickness policies generally, a new paragraph, to be designated paragraph (9), to read as follows:
"(9) It contains no provision relating to insurance with other insurers, provided that group conversion policies and major medical policies may contain provisions relating to other insurance benefits payable under group or blanket accident and sickness insurance policies."
Section 3. Said title is further amended by repealing in its entirety paragraph (11) of subsection (b) of Code Section 33-29-4, relating to optional policy provisions for individual accident and sickness insurance, which reads as follows:
"(11) No such accident and sickness insurance policy shall contain any provision relat ing to insurance with other insurers."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Coleman Crumbley Dawkins

Deal Dean Echols Edge English Fincher Foster Garner Gillis Harris Harrison Hine

Huggins Johnson Kennedy Kidd Land Langford McGill Newbill Olmstead Peevy Perry Phillips

WEDNESDAY, FEBRUARY 24, 1988

1245

Ragan of 10th Ragan of 32nd Ray Scott of 2nd

Scott of 36th Starr Stumbaugh Taylor

Timmons Turner Tysinger Walker

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Coverdell
Engram Howard

Hudgins McKenzie

Shumake Tate (excused)

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 649. By Senator Walker of the 43rd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the applicable limitation of actions for certain asbestos actions; to provide for statu tory construction; to except certain asbestos actions from the limitation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bowen Brannon
j?rou" ^ryfnt
BCuorlteOmnan Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Garner
Gillis Harris
Harrison Hine
THTuggm s Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry
Phillips Ragan of 10th
Ragan of 32nd Ray
Sn coitit orf f2, ndi Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Engram Howard

Hudgins Shumake

Tate (excused) Timmons

On the passage of the bill, the yeas were 49, nays 0.

1246

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.
Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 1298 and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1298.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Dawkins of the 45th and Hudgins of the 15th.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 28. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any state employee injured in the line of duty shall be entitled to his regular compensation for the period of time that any such state employee is physically unable to perform the duties of his employment.
Senator Kidd of the 25th moved that, since the House had rejected the First Confer ence Committee report on SB 28, a Second Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the President ap pointed as a Second Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 159. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require in surance companies to obtain a certificate of title for certain vehicles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.
Senator Stumbaugh of the 55th moved that the Senate adhere to the Senate substitute to HB 159 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 159.

WEDNESDAY, FEBRUARY 24, 1988

1247

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Stumbaugh of the 55th, Deal of the 49th and Taylor of the 12th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated per sons; to provide for certain legal proofs and assumptions.
Senator Dawkins of the 45th moved that the Senate adhere to the Senate substitute to HB 1495 and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1495.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Dawkins of the 45th, Barnes of the 33rd and Taylor of the 12th.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 658. By Senator Deal of the 49th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motor vehicle insurance coverage, so as to provide that un insured and underinsured motor vehicle liability insurance coverage shall not be added or stacked together in determining available coverage to injured persons; to provide exceptions; to provide for reduced premium rates.
The Senate Committee on Insurance offered the following amendment:
Amend SB 658 by striking lines 9 through 11 of page 2 and inserting in lieu thereof the following:
"this subsection. Every insurer shall notify in writing every insured or applicant for insurance of the".
By striking from lines 21 and 22 of page 2 the following:
"and signed by the prospective insured".
By striking from line 31 of page 2 the following: "1989",
and inserting in lieu thereof the following: "1990".
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

1248

JOURNAL OF THE SENATE

Senators Allgood of the 22nd and Deal of the 49th offered the following amendment:
Amend SB 658 by adding on page 3, after line 7, an additional paragraph as follows:
"(E) Bodily injury coverages and uninsured motorist coverage for bodily injuries shall be in the same amounts and limits."

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun
Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Fincher Foster Garner Gillis
Harris Harrison Howard Hudgins Huggins Johnson Kennedy Kidd

Langford McGill Newbill Olmstead Peevy Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger

Voting in the negative was Senator Phillips.

Those not voting were Senators:

Barnes Engram Hine Land

McKenzie Perry Shumake

Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the Senate was taken up for the purpose of considering the Third Conference Committee report thereon:

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

The Third Conference Committee report on SR 7 was as follows: The Committee of Conference on SR 7 recommends that both the Senate and the

WEDNESDAY, FEBRUARY 24, 1988

1249

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 7 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District
/s/ Gene Walker Senator, 43rd District
Conference Committee substitute to SR 7:

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Robert L. Patten Representative, 149th District
/s/ William J. Lee Representative, 72nd District
/s/ Bob Holmes Representative, 28th District

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years; to change certain provisions relating to the organization of the General Assembly; to provide for matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article HI, Section II of the Constitution is amended by striking Paragraph V, relating to the election and terms of office of members of the General Assembly, in its entirety and inserting in lieu thereof a new Paragraph V to read as follows:
"Paragraph V. Election and term of members, (a) The members of the General Assem bly shall be elected by the qualified electors of their respective districts for a term of four years and shall serve until the time fixed for the convening of the next General Assembly.
(b) The first members of the General Assembly to serve four-year terms shall be those elected in November, 1988, and subsequent elections shall be held on Tuesday after the first Monday in November and quadrennially thereafter until the day of election is changed by law."
Section 2. Article III, Section IV, Paragraph I of the Constitution, relating to meeting, time limit, and adjournment of the General Assembly, is amended by striking subparagraph (a) of Paragraph I in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) The Senate and House of Representatives shall organize every four years beginning in 1989 and shall be a different General Assembly for each four-year period. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may ad journ any regular session to such later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. Bills pending at the final adjournment of the regular session in each odd-numbered year shall be carried forward to the regular session in the following even-numbered year. Bills pending at the final adjournment of the regular session in the even-numbered years shall not be carried forward."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

1250

JOURNAL OF THE SENATE

"[ ] YES [ ] NO

Shall the Constitution be amended so as to change the terms of office of members of the General Assembly from two years to four years beginning with the terms of office of the members of the General Assembly elected at the 1988 state-wide general election?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Kidd of the 25th moved that the Senate adopt the Third Conference Commit tee report on SR 7.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Bowen Brannon B rount
CoLman Crumbley Dawkins Dean English Fincher

Garner Gillis Harris Hine Hudgins
Huggins Johnson Kennedy Kidd Langford McGill

Olmstead Peevy Perry Ragan of 10th Ray
Scott of 2nd Scott of 36th Starr Taylor Timmons Turner

Those voting in the negative were Senators:

Albert Barker Burton Coverdell Deal

Echols Edge Foster Harrison Howard

Land Newbill Phillips Stumbaugh Tysinger

Those not voting were Senators:

Barnes Engram McKenzie

Ragan of 32nd Shumake

Tate (excused) Walker

On the motion, the yeas were 34, nays 15; the Senate rejected the Third Conference Committee report on SR 7.

Senator Kidd of the 25th moved that the Senate reconsider its action in rejecting the Third Conference Committee report on SR 7.

On the motion, the yeas were 30, nays 7; the motion prevailed, and the Third Confer ence Committee report on SR 7 was reconsidered.

WEDNESDAY, FEBRUARY 24, 1988

1251

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 395. By Senator Langford of the 35th:
A resolution creating the Senate Alternative Sentencing for Youthful Offenders Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

English Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barnes Edge Engram

Hudgins McKenzie Shumake

Tate (excused) Walker

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1546. By Representatives Watson of the 114th, Wood of the 9th, Groover of the 99th, Ware of the 77th, Dunn of the 73rd and others:
A bill to amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to purchase of liability insurance, etc., for public officers or employees generally, so as to change the definition of the term "agency"; to provide that foster parents duly appointed and approved by the Department of Human Re sources shall be considered to be state employees or officials for certain purposes.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1252

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon
Crumbley Dawkins Deal Dean Echols English

Fincher Foster Garner Harris Hine
Howard Huggins Kennedy Ki<W Land Langford McGill McKenzie

Newbill Olmstead Peevy perry Phillips
Ragan of 10th Ragan of 32nd Ray Scott of 2nd Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Barnes Bowen CCoolveemrdaenll
Edge
Engram

Gillis Harrison THuTdJg-ms
Johnson
Scott of 36th

Shumake Starr mTat^e /(excusedj\)
Timmons
Walker

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1523. By Representative Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the De partment of Public Safety, so as to provide for process servers within the battalion.
Senate Sponsor: Senator Harris of the 27th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Bryant Burton Coleman Coverdell

Crumbley Dawkins Deal Dean Echols Edge English Fincher Foster Garner Gillis

Harris Harrison Hine Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

WEDNESDAY, FEBRUARY 24, 1988

1253

Newbill Olmstead Peevy perry
Ragan of 10th

Ragan of 32nd R
Scott of 2nd Scott of 36th

Stumbaugh T lor
Turner Tysinger

Those not voting were Senators:

Barnes Engram Hudgins Johnson

Phillips Shumake Starr

Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1429. By Representative Thomas of the 69th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to repeal the provisions relating to records of sex criminal convictions and furnishing records to the Geor gia Bureau of Investigation.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Broun Bryant Burton Coverdell Deal Dean Echols

Edge English Fincher Foster Garner Gillis Harris Mine Huggins Kennedy Langford

McGill McKenzie Olmstead Peevy Perry Ragan of 10th Ray Starr Taylor Turner Tysinger

Those voting in the negative were Senators:

Barker Brannon Crumbley

Kidd Land

Newbill Stumbaugh

Those not voting were Senators:

Barnes Coleman
g*^'ms Harrison Howard

Hudgins Johnson
Phillips Ragan of 32nd Scott of 2nd

Scott of 36th Shumake
Tate (excused) Timmons Walker

1254

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 33, nays 7.
The bill, having received the requisite constitutional majority, was passed.
HB 768. By Representative Ramsey of the 3rd:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to redefine the offense of felony-bail jumping; to redefine the offense of misde meanor-bail jumping; to delete certain requirements relating to mailing of notices.
Senate Sponsor: Senator Baldwin of the 29th.
The Senate Committee on Judiciary offered the following substitute to HB 768:
A BILL
To be entitled an Act to amend Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to bail jumping generally, so as to provide that a person charged or convicted of any misdemeanor who fails to appear at the specified time and place after release on bail or on his own recognizance commits the offense of misdemeanor-bail jump ing; to provide that any person who is charged with or convicted of any of certain designated misdemeanors and who leaves the state after being released on bail or his own recognizance commits out-of-state-bail jumping; to provide for notice; to provide for penalties and excep tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to bail jumping generally, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-10-51 to read as follows:
"16-10-51. (a) Any person who has been charged with or convicted of the commission of a felony under the laws of this state and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place commits the offense of felony-bail jumping if, after actual notice to the defendant in open court or notice to the person by mailing to his last known address, he fails without sufficient excuse to appear at that time and place. A person convicted of the offense of felony-bail jumping shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both.
(b) Any person who has been charged with or convicted of the commission of a misde meanor and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place commits the offense of misde meanor-bail jumping if, after actual notice to the defendant in open court or notice to the person by mailing to his last known address, he fails without sufficient excuse to appear at that time and place. A person convicted of the offense of misdemeanor-bail jumping shall be guilty of a misdemeanor.
(c) (1) Any person who has been charged with or convicted of the commission of any of the misdemeanors listed in paragraph (2) of this subsection and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place and who, after actual notice to the defendant in open court or notice to the person by mailing to his last known address, leaves the state to avoid appear ing and fails without sufficient excuse to appear at such time and place commits the offense of out-of-state-bail jumping. A person convicted of the offense of out-of-state-bail jumping shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not more than $3,000.00, or both.

WEDNESDAY, FEBRUARY 24, 1938

1255

(2) Paragraph (1) of this subsection shall apply only to the following misdemeanors: (A) Abandonment, as provided in Code Sections 19-10-1 and 19-10-2;
(B) Simple assault, as provided in Code Section 16-5-20;
(C) Carrying deadly weapon to public gathering, as provided in Code Section 16-11-127; (D) Bad checks, as provided in Code Section 16-9-20;
(E) Simple battery, as provided in Code Section 16-5-23; (F) Bribery, as provided in Code Section 16-10-3;
(G) Failure to report child abuse, as provided in Code Section 19-7-5;
(H) Criminal trespass, as provided in Code Section 16-7-21;
(I) Contributing to the delinquency of a minor, as provided in Code Section 16-12-1;
(J) Escape, as provided in Code Sections 16-10-52 and 16-10-53;
(K) Tampering with evidence, as provided in Code Section 16-10-94;
(L) Family violence, as provided in Code Section 19-13-6;
(M) Deceptive business practices, as provided in Code Section 16-9-50;
(N) Conversion of leased personal property, as provided in Code Section 16-8-19;
(O) Fraud in obtaining public assistance, food stamps, or Medicaid, as provided in Code Section 49-4-15;
(P) Reckless conduct, as provided in Code Section 16-5-60;
(Q) Any offense under Chapter 8 of this title which is a misdemeanor;
(R) Any offense under Chapter 13 of this title which is a misdemeanor; and
(S) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6391.
(d) Subsections (b) and (c) of this Code section shall not apply to any person who has been charged or convicted of the commission of a misdemeanor under the laws of this state and has been set at liberty after posting a cash bond and fails to appear in court at the specified time and place where such failure to appear, in accordance with the rules of the court having jurisdiction over such misdemeanor, is construed as an admission of guilt and the cash bond is forfeited without the need for any further statutory procedures and the proceeds of the cash bond are applied and distributed as any fine imposed by the court would be."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Brannon Bryant Burton Coverdell Crumbley Deal

Dean Echols Edge English Fincher Foster

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JOURNAL OF THE SENATE

Garner Gillis
Har"s H?TM80" Howard Hudgins Huggins Kennedy

Kidd Land
Langford McGill McKenzie Olmstead Perry Ragan of 10th

Ragan of 32nd Ray
Scott of 36th Starr Stumbaugh Taylor Turner Tysinger

Those voting in the negative were Senators:

Broun

Dawkins

Peevy

Those not voting were Senators:

Coleman Engram Johnson Newbill

Phillips Scott of 2nd Shumake

Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 43, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1427. By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of superior court for Carroll County of the Coweta Judicial Circuit.
Senate Sponsor: Senator Garner of the 30th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Edge English Fincher Foster Garner

nBryant Burton Coverdell
Crumbley Dawkins Deal Dean Echols

IHTarnson Hudgins Huggins
Johnson Kennedy Kidd Land Langford

McGill Olmstead Peevy Perry Phillips
Ragan of 10th RRagan of 32nd
ay ^cott of 36th
Starr Stumbaugh Timmons Turner Tysinger

Voting in the negative was Senator Brannon.

WEDNESDAY, FEBRUARY 24, 1988

1257

Those not voting were Senators:

Coleman Engram Hine Howard

McKenzie Newbill Scott of 2nd Shumake

Tate (excused) Taylor Walker

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been read the third time and final ac tion suspended on February 22, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.
Senate Sponsor: Senator Tysinger of the 41st.

The substitute to HB 1365 offered by Senators Tysinger of the 41st and Scott of the 2nd on February 22, as it appears in the Journal of February 22, was automatically reconsid ered and put upon its adoption.

On the adoption of the substitute to HB 1365 offered by Senators Tysinger of the 41st and Scott of the 2nd, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge Fincher Foster Garner Harris Harrison Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill

McKenzie Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Coleman English

Engram Gillis

Hine Howard

1258

JOURNAL OF THE SENATE

Newbill Scott of 2nd

Shumake Tate (excused)

Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator McGill of the 24th introduced the Lincoln County High School Football Team and Coach Larry Campbell, having been commended by SR 416, adopted previously, who briefly addressed the Senate.

The following general bills and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1559. By Representatives Byrd of the 153rd, Watson of the 114th, Waldrep of the 80th, Kilgore of the 42nd, Hamilton of the 124th and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to the practice of architecture, so as to continue the State Board of Architects.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal

Dean Echols English Fincher Foster Harris Harrison Hudgins Huggins Johnson Kennedy Kidd Land Langford

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 36th Starr Taylor Timmons Turner

Those not voting were Senators:

Coleman EdSe Engram Garner
Gillis

Hine Howard Ragan of 10th Scott of 2nd
Shumake

Stumbaugh Tate (excused)
. Tysmger
Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 24, 1988

1259

HB 1303. By Representative Robinson of the 96th:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in Chapter 62 of Title 36, known as the "Development Authorities Law," so as to change the definition of the term "pro ject"; to qualify a charitable corporation, association, or similar entity to finance the acquisition, construction, leasing, or financing of office buildings.
Senate Sponsor: Senator Baldwin of the 29th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bowen Brannon
fB?rroyualnVt Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster
Gillis Harris
HTIa. rrison e
Howard Johnson Kidd Land McGill McKenzie

Those not voting were Senators:

Newbill Olmstead Peevy Perry
Phillips Ragan of 10th
,,Ragan of 32nd y
Scott of 36th Starr Stumbaugh Taylor Turner Tysinger

Allgood Coleman Engram Qarner Hudgins

Huggins Kennedy Langford Scott of 2nd

Shumake Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore assumed the Chair.

HR 626. By Representative Lane of the 27th:

Senate Sponsor: Senator Kidd of the 25th.

A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the issuance of temporary loans on behalf of special service districts; to provide a clarifica tion that temporary loans are not subject to the terms of Paragraph I of Section V of Article IX of the Constitution of the State of Georgia; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

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JOURNAL OF THE SENATE

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V of the Constitution of the State of Georgia, relating to limitation on local debt, is amended by striking Paragraph V, relating to authorization for temporary loans, and inserting in its place a new Paragraph V to read as follows:
"Paragraph V. Temporary loans authorized. The governing authority of any county, municipality, or other political subdivision of this state may obtain temporary loans in each year to pay expenses of such county, municipality, other political subdivision, or special district created pursuant to Paragraph VI of Section II of this article. The aggregate amount of all such loans shall not exceed 75 percent of the total gross income from taxes collected by such county, municipality, other political subdivision, or on behalf of such special dis trict, in the last preceding year. Such loans shall be payable on or before December 31 of the calendar year in which such loan is made. No such loan may be obtained when there is a loan then unpaid obtained in any prior year. No such county, municipality, or other political subdivision shall incur, nor shall such special district have incurred on its behalf, in any one calendar year an aggregate of such temporary loans or other contracts, notes, warrants, or obligations for current expenses in excess of the total anticipated revenue of such county, municipality, other political subdivision, or special district for such calendar year."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES t ] NO

Shall the Constitution be amended so as to authorize the issuance of tempo rary loans on behalf of special service districts?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bwen
rannon
Burton Crumbley Deal Dean Echols Edge

Fincher Foster Garner Gillis Harris
Harrison Hine
Howard Kidd Langford McKenzie Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

WEDNESDAY, FEBRUARY 24, 1988

1261

Voting in the negative were Senators Coverdell and Newbill.

Those not voting were Senators:

Allgood
Coleman Dawkins English
Engram

Hudgins
Muggins Johnson Kennedy (presiding)
Land

McGill Shumake
Tate (excused) Walker

On the adoption of the resolution, the yeas were 40, nays 2.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 1306. By Representative Jackson of the 9th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to provide that family daycare centers be included in those facilities which are subject to certain space requirements.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Foster Garner Harris Hine Howard Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Engram Fincher Gillis

Harrison Hudgins Johnson Kennedy (presiding)

Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 45, nays 0.

1262

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fish ing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses.
Senate Sponsor: Senator Turner of the 8th.
The Senate Committee on Natural Resources offered the following substitute to HB 1597:
A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fishing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding a new subsection at the end of Code Section 27-2-4, relating to honor ary hunting and fishing licenses, to be designated subsection (e), to read as follows:
"(e) The board is authorized to make and enter into agreements from time to time, with the proper authorities of various states of the United States regarding nonresident hunting and fishing license fees for persons 65 years of age or older, so as to provide honorary hunt ing and fishing licenses to be issued without charge to nonresidents 65 years of age or older where such practice is reciprocated for Georgia residents in that person's state of residence."
Section 2. Said title is further amended by striking subsection (e) of Code Section 27-25, relating to required hunter education courses, and inserting in its place a new subsection (e) to read as follows:
"(e) Those persons applying for a season nonresident hunting license may exhibit a certificate of completion of the official hunter education or hunter safety course of his state of residence if that course shall have been approved by the Board of Natural Resources. Those persons applying for a seven-day nonresident hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain a seven-day nonresident hunting license."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Turner of the 8th offered the following amendment:
Amend the substitute to HB 1597 offered by the Senate Committee on Natural Re sources by inserting between "licenses;" and "to" on line 8 of page 1 the following:
"to authorize the commissioner of natural resources to adjust the fee for certain nonres ident fishing or hunting licenses for residents of certain states which do not have certain reciprocal agreements;".

WEDNESDAY, FEBRUARY 24, 1988

1263

By inserting between lines 12 and 13 of page 2 the following:
"Section 2A. Said title is further amended by adding a new subsection at the end of Code Section 27-2-7, relating to making and entering into agreements relating to hunting license reciprocity, to be designated subsection (d), to read as follows:
'(d) If the commissioner determines that any of the States of Alabama, Florida, North Carolina, South Carolina, and Tennessee does not have an existing reciprocal agreement governing nonresident fishing or small game hunting licenses with the State of Georgia and has a fee for a nonresident fishing or small game hunting license or its equivalent, which substantially differs from the comparable fee which Georgia charges a citizen of that contig uous state, then the commissioner, notwithstanding the fees specified in Code Section 27-223, and in order to encourage the reduction of the excessive fee or the entering into of a reciprocal agreement, shall be authorized to adjust the nonresident fishing or small game hunting license fee as applied to citizens of that contiguous state, to an amount equal to the fee a Georgia citizen is required to pay to fish or hunt in that contiguous state.' "
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun BBuryrtaonnt
Coleman
Coverdell
Crumbley
Dawkins Deal
Dean Echols

Fincher Foster Garner Gillis Harris Harnson Hme HHuugdgg'iinnss
Johnson
Kidd
Land
Langford McGill
McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of loth R of 32nd R "^caoyt of, ,,2nd,
Scott of 36th
Starr
Stumbaugh
Taylor Timmons
Turner Tysinger

Those not voting were Senators:

Allgood Edge English

Engram Howard Kennedy (presiding)

Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 47, nays 0.

1264

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1377. By Representative Childers of the 15th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to change which persons must be li censed under that chapter; to continue the State Board of Occupational Therapy but provide for the later termination of that board and the repeal of the laws relating thereto.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bowen Brannon ^ rount BBruyrtaonnt Coleman Coverdell
Crumbley Deal Dean Echols

Fincher Foster Gillis Harris
Hine Howard ""f 1 " 8 JKoihdndson Land Langford
McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th
Ragan of 32nd ^ Scott of 2nd Scott off 36th, Starr Stumbaugh
Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Dawkins Edge English

Engram Garner Harrison Hudgins

Kennedy (presiding) Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following local bill of the House:

HB 1633. By Representatives Thompson of the 20th, Clark of the 20th, Hensley of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators; to change the number of assistant district attorneys; to change the provisions relative to the compensation of the chief investigator.

WEDNESDAY, FEBRUARY 24, 1988

1265

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1419. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, so as to change the method of calculation of wages subject to withholding.
Senate Sponsor: Senator Dawkins of the 45th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 4, 1988

SUBJECT: Fiscal Note--House Bill 1419 (LC 14 4964) Income Tax: Wages Subject to Withholding

This Bill would revise the method of calculating an individual's wages subject to with holding. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.

This Bill would have no fiscal impact upon state revenues.

Is/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes ?^eorowue"n

Echols Edge English Fincher
Foster GHialrlirsis

Newbill Olmstead Perry Phillips
Ragan of 10th RRaagyan of 32nd

Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Hine Huggins Kidd Land Langford McGill McKenzie

Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon EGnagrnraemr Harrison Howard

Hudgins Johnson Kennedy (presiding) Peevy

Shumake Tate (excused) Turner Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Coverdell of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in adopting the following resolution of the House:

HR 626. By Representative Lane of the 27th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the issuance of temporary loans on behalf of special service districts.

The following general resolution and bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HR 725. By Representative Birdsong of the 104th: A resolution designating the William H. Freeman Memorial Bridge. Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon BDBrroyuannt Burton Coleman Coverdell
Crumbley Deal
Dean Echols

Edge English Fincher Foster Garner THGTialrhrsis Howard Hudgins Huggins
Kidd Land
Langford McGill

McKenzie Newbill Olmstead Perry phim RD_,agan off, 1,,1f0.wth, , **TM f^d Scott of 2nd Scott of 36th
Starr Stumbaugh
Taylor Turner

Those not voting were Senators:

Albert Allgood Dawkins

Engram Harrison Hine

Johnson Kennedy (presiding) Peevy

WEDNESDAY, FEBRUARY 24, 1988

1267

Ray Shumake

Tate (excused) Timmons

Tysinger Walker

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1297. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Adminis trative Services, so as to change certain provisions relating to the provision of administrative services to local political subdivisions; to provide for a reserve fund to be used for the purchase of certain equipment.
Senate Sponsor: Senator Ray of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Bowen Brannon
Broun Hurt011
C^Croulvememrbdfleenlyl,
Deal Dean Echols Edge English Fincher

Foster Gillis Harris Harrison
Mine Howard
JH,ouh, g6nBgsionns
Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 32nd Ray
SS,, ccoo.tttt. ooff,. 32,,6n..dt,h
Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert
Barker Bryant Dawkins

Engram Garner Hudgins Kennedy (presiding)

Ragan of 10th Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1492. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms regarding insurance, so as to include health care plans within the definition of insurer.
Senate Sponsor: Senator Stumbaugh of the 55th.

1268

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Allgood Barker Dawkins

Engram Hine Kennedy (presiding) Perry

Scott of 36th Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1622. By Representative Dunn of the 73rd:
A bill to amend Code Section 20-2-892 of the Official Code of Georgia Annotated, relating to contributions by employees, state and local employers, and withhold ing or deducting employees' contributions, so as to change the method of com puting the local employer's share of contributions to the health insurance fund.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant

Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English

Fincher Foster Garner Gillis Harrison Hine Howard Hudgins Huggins

WEDNESDAY, FEBRUARY 24, 1988

1269

Johnson Kidd Lan^ford
McKenzie Newbill

Olmstead Phillips Raga" f 10th Ragan of 32nd
Ray Scott of 2nd

Scott of 36th Starr Taylr Timmons
Turner Tysinger

Those not voting were Senators:

Dawkins Engram Harris Kennedy (presiding)

Peevy Perry Shumake

Stumbaugh Tate (excused) Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1623. By Representative Dunn of the 73rd:
A bill to amend Code Section 45-18-14 of the Official Code of Georgia Annotated, relating to deductions from compensation and benefits of share of cost of cover age under health insurance plan of state employees and payment of contributions to health insurance fund by departments, boards, and agencies of state govern ment, so as to change the method of computing contributions.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following amendment:
Amend HB 1623 by adding on line 9 of page 1 between the word and semicolon "fund;" and the word "to" the following:
"to provide that employees who are discharged from employment may continue to pay the employee contribution and continue to receive health insurance coverage for a limited period of time;".
By striking the quote after the word "administration" on line 35 of page 2 and by ad ding a new paragraph after line 35 of page 2 to read as follows:
"If an employee has been eligible for coverage under the state health insurance plan for a period of ten years and is discharged from employment and the discharge is under appeal to the State Personnel Board, such employee shall be entitled to continue coverage by pay ing the employee contribution under the health insurance plan until the State Personnel Board has rendered a decision or for a period of six months, whichever is less.' "

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Brannon Broun

Bryant Burton Coleman Coverdell

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JOURNAL OF THE SENATE

Crumbley Deal Dean Echols
Engli. sh, Fincher Foster Garner Gillis Harris Hine

Howard Hudgins Huggins Johnson
Land Langford McGill Newbill Olmstead Peevy Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 2nd
SSctaortrt of 36th _,. Stumbaugh Tay'or Timmons Turner Tysinger

Those not voting were Senators:

Dawkins Engram Harrison

Kennedy (presiding) McKenzie Perry

Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bill of the House, having been read the third time and passed on February 22, and reconsidered on February 23 and placed at the bottom of the Senate Rules Calendar, was put upon its passage:

HB 1302. By Representatives Robinson of the 96th, Pannell of the 122nd, Chambless of the 133rd, Pettit of the 19th and Thomas of the 69th:
A bill to amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder of a pro fessional corporation must be an active practitioner in the corporation which is sued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation.
Senate Sponsor: Senator Edge of the 28th.

Senators Edge of the 28th and Hine of the 52nd offered the following substitute to HB 1302:

A BILL
To be entitled an Act to amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder of a professional corporation must be an active practitioner in the corporation which issued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation; to provide for all related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, is amended by striking Code Section 14-7-5, relating to stock in a professional corporation, in its entirety and inserting in lieu thereof a new Code Section 147-5 to read as follows:
"14-7-5. (a) Shares in a professional corporation may only be issued to, held by, or transferred to a person who is licensed to practice the profession for which the corporation is organized and who, unless disabled, is actively engaged in such practice as an active prac-

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1271

ticing member of the issuing corporation, except as otherwise permitted under this Code section. Each stock certificate shall be appropriately endorsed disclosing this restriction and stating that shares standing in the name of a disqualified or retired person, or in the name of the personal representative of a deceased person, except during the holding period pro vided in this Code section, are void.
(b) Shares in a professional corporation shall be voted by the holder of record or by another shareholder in the same corporation in accordance with a proxy or an agreement providing for the voting of the shares.
(c) Shares in a professional corporation held by a deceased or retired shareholder shall, within six months after the date of death or retirement of such shareholder, be either re deemed or canceled by the corporation or transferred to a person or persons authorized to hold the shares unless transferred under a written agreement to an authorized shareholder pursuant to subsection (d) of this Code section. The shares held by a shareholder who be comes legally disqualified from practicing the profession for which the corporation is organ ized or who is disqualified as a shareholder under subsection (a) of this Code section shall be so redeemed, canceled, or transferred within 90 days after the disqualification becomes final. In the absence of an article or bylaw provision or an agreement providing for the redemp tion or transfer of such shares or, if the shares are not redeemed or transferred pursuant to such a provision or agreement within the required period of time, the corporation is author ized to and shall cancel the shares on its books at the termination of the required period. If valuation and payment terms are not fixed under such an existing provision or agreement and are not agreed upon either prior to or at any time after the termination of the required period, the fair value of the redeemed or canceled shares shall be determined and paid in the same manner as if the personal representative of the deceased shareholder, or the re tired or disqualified shareholder, were a shareholder entitled to valuation and payment for his shares under subsection (g) of Code Section 14-2-251, after failure to agree on valuation under subsection (d) of Code Section 14-2-251. The personal representative of the deceased shareholder, or the retired or disqualified shareholder, shall not be authorized at any time to participate in or vote on any matter concerning the rendering of professional services by the corporation. Upon the actual transfer or redemption or termination of the required holding period, whichever first occurs, the personal representative of the deceased shareholder, or the retired or disqualified shareholder, shall cease to be a holder of record for all purposes and shall deliver the share certificates to the purchaser or to the corporation with any re quired endorsement.
(d) Shares held in a professional corporation and owned by a shareholder may be trans ferred under a written agreement to an authorized shareholder which allows the shares to remain outstanding provided that the shares are collateral under a security agreement for the purchase price of the shares. In the event that the purchase price is not paid and the shares held as collateral are returned to the selling shareholder, the selling shareholder shall have a reasonable period of time, not to exceed one year after the return of the shares, to transfer the shares to an authorized shareholder, during that period the shareholder, if an active or inactive member of his profession, may vote the shares.
(e) If a professional corporation at any time ceases to have a shareholder licensed or otherwise authorized to practice and actually practicing, the profession for which the corpo ration is organized, or if a professional corporation does not redeem, cancel, or transfer the shares of a disqualified, retired, or deceased person in accordance with this Code section, the corporation shall cease to be a professional corporation and shall operate as a corporation for profit organized under Chapter 2 of this title for the sole purpose of liquidation. The corporation may at any time after it ceases to be a professional corporation change its pur pose by amending its articles."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and bill would be sus pended and placed on the Senate General Calendar.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1509. By Representatives Oliver of the 53rd and Chambless of the 133rd:
A bill to amend Code Section 19-9-42 of the Official Code of Georgia Annotated, relating to definitions relating to child custody, so as to change the definition of custody proceedings to include adoption proceedings and to change the definition of state to include foreign countries.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon Broun
^BCoruylreftomnntan
Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Gillis
Harris Harrison Hine
SHHuuogdwggaimrndss
Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips

Ragan of 10th R of 32nd D

Scott Scott

of of

23n6dth,

btarr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Engram Garner

Kennedy (presiding) Shumake

Tate (excused) Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the House and Senate were taken up for the purpose of consider ing the Conference Committee reports thereon:

HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local

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political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.

The Conference Committee report on HB 1285 was as follows:

The Committee of Conference on HB 1285 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1285 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ W. F. Harris Senator, 27th District

/a/ Bill Barnett Representative, 10th District

Is,/ Rooney L. Bowen Senator, 13th District

/s/ John O. Mobley, Jr. Representative, 64th District

/s/ Arthur B. Edge, IV Senator, 28th District

/s/ Ralph Twiggs Representative, 4th District

Conference Committee substitute to HB 1285:

A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title; to define a certain term; to provide for which officer shall be in command of certain other officers and employees in a local emer gency; to provide for the powers, duties, rights, privileges, compensation, and immunities of public safety employees when rendering aid outside of their political subdivisions; to pro vide for the cost of equipment damaged or lost; to provide for immunity from liability with respect to the acts or omissions of certain employees; to provide that certain provisions of this Act shall not be construed as creating a duty on the part of a public safety agency to take certain actions; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by adding immediately following Chapter 68 a new Chapter 69 to read as follows:
"CHAPTER 69
36-69-1. This chapter shall be known and may be cited as the 'Georgia Mutual Aid Act.'
36-69-2. As used in this chapter, the term 'local emergency' means the existence of con ditions of extreme peril to the safety of persons and property within the territorial limits of a political subdivision of the state caused by natural disasters, riots, civil disturbances, or other situations presenting major law enforcement and other public safety problems, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision of the state and which require the combined forces of other political subdivisions of the state to combat.
36-69-3. (a) Upon the request of a local law enforcement agency for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, the chief of police or public safety director of any municipality or chief of police or public safety director of any county police force may, with the approval of the governing authority of any

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such officer's political subdivision, and the sheriff of any county may cooperate with and render assistance extraterritorially to such local law enforcement agency requesting the same.
(b) Upon the request of any local fire department for assistance in a local emergency, in preventing or suppressing a fire, or in protecting life and property, the fire chief or public safety director of any local political subdivision may, with the approval of the governing authority of such political subdivision, cooperate with and render assistance extraterritori ally to such local fire department requesting the same.
(c) Upon the request of any local law enforcement agency or local director of emergency medical services for assistance in a local emergency or in transporting wounded, injured, or sick persons to a place where medical or hospital care is furnished, emergency medical tech nicians employed by a political subdivision may, with the approval of the governing author ity of such political subdivision, cooperate with and render assistance extraterritorially to such local law enforcement agency or local director of emergency services.
(d) Authorization for furnishing assistance extraterritorially may be granted by the sheriff of any county or the governing authority of a local political subdivision to any of its agencies or employees covered by this Code section prior to any occurrence resulting in the need for such assistance. Such authorization may provide limitations and restrictions on such assistance furnished extraterritorially, provided that such limitations and restrictions do not conflict with the provisions of Code Sections 36-69-4 through 36-69-6.
(e) The senior officer of the public safety agency of a political subdivision which re quests assistance in a local emergency as provided in this Code section shall be in command of the local emergency as to strategy, tactics, and overall direction of the operations with respect to the public safety officers and employees rendering assistance extraterritorially at the request of such public safety agency. All orders or directions regarding the operations of the public safety officers and employees rendering assistance extraterritorially shall be re layed to the senior officer in command of the public safety agency rendering assistance extraterritorially.
36-69-4. Whenever the employees of any political subdivision are rendering aid outside their political subdivision and pursuant to the authority contained in this chapter, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed.
36-69-5. Unless otherwise provided by contract, the political subdivision which fur nishes any equipment pursuant to this chapter shall bear the loss or damage to such equip ment and shall pay any expense incurred in the operation and maintenance thereof. Unless otherwise provided by contract, the political subdivision furnishing aid pursuant to this chapter shall compensate its employees during the time of rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are render ing such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid.
36-69-6. All of the privileges and immunities from liability; exemption from laws, ordi nances and rules; and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such political subdivision when performing their respective functions within the territo rial limits of their respective political subdivisions shall apply to such officers, agents, or employees to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this chapter relating to mutual aid. The provisions of this Code section shall apply with equal effect to paid. volunteer, and auxiliary employees.
36-69-7. Neither a public safety agency which requests assistance pursuant to Code Sec tion 36-69-3 nor the political subdivision in which the public safety agency is located shall

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1275

be liable for any acts or omissions of employees of a responding public safety agency render ing assistance extraterritorially under the provisions of this chapter.
36-69-8. (a) The provisions of this chapter shall not be construed as creating a duty on the part of any public safety agency of a local political subdivision to respond to a request from any public safety agency of another local political subdivision as authorized in Code Section 36-69-3.
(b) Notwithstanding the provisions of subsection (e) of Code Section 36-69-3, the provi sions of this chapter shall not be construed as creating a duty on the part of a public safety agency rendering assistance extraterritorially to stay at the scene of a local emergency for any length of time. Such responding public safety agency may depart the scene of a local emergency at any time at the discretion of the officer in command of the public safety agency rendering assistance extraterritorially at the scene of the local emergency.
36-69-9. (a) The authority of this chapter shall be cumulative to and in addition to mutual aid resource pacts authorized under Chapter 6 of Title 25 or contracts between po litical subdivisions for the provision of services authorized under Section II of Article IX of the Constitution.
(b) The authority of this chapter shall be cumulative to and in addition to any rights, powers, or authority exercised by the sheriffs of this state as of July 1, 1988.
36-69-10. The provisions of this chapter shall not apply to any emergency in which the chief executive of a political subdivision assigns or makes available for duty the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related services, and to police, transportation, construction, and similar items or services for emergency management purposes outside of the physical limits of the subdivision as provided in Code Section 38-3-27."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Harris of the 27th moved that the Senate adopt the Conference Committee report on HB 1285.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bryant Coverdell Crumbley Engram

Hine Howard Hudgins Kennedy (presiding)

Scott of 2nd Shumake Tate (excused) Walker

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On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1285.

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs.

The Conference Committee report on SB 475 was as follows:

The Committee of Conference on SB 475 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 475 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Nathan Dean Senator, 31st District
/s/ Joseph E. Kennedy Senator, 4th District
/s/ J. Tom Coleman, Jr. Senator, 1st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Lee Representative, 72nd District
/s/ Larry Walker Representative, 115th District
/s/ Lauren McDonald, Jr. Representative, 12th District

Conference Committee substitute to SB 475:
A BILL
To be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definitions of terms; to specify purposes of the department; to provide for the Board of Community Affairs; to provide for the commissioner of the depart ment; to provide for the structure of the department; to provide duties and powers of the department, including planning and technical assistance, information gathering and distrib uting, serving as a liaison, making funds available to local governments and other eligible recipients, making contracts, and coordinating with other governmental agencies; to provide for advisory councils; to provide for agencies and authorities assigned to the department for administrative purposes; to provide for the transfer of personnel and contracts from the building administrative board; to provide for the Bureau of Community Affairs employees and for the continuation of certain contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking in its entirety Article 1 which reads as follows:
"ARTICLE 1
50-8-1. There is established the Department of Community Affairs in response to the need of the state to fulfill more effectively its responsibilities to local governments and com munities. The department shall serve to promote and protect the institution of general pur-

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1277

pose local government in the state and shall serve as the Governor's representative to local communities on a routine basis on the request of, or on direction from, the Governor in matters affecting social, economic, human, or intergovernmental relations and, in this capac ity, shall provide mediation, consultation, and fact-finding services.
50-8-2. (a) The Governor, through the Department of Community Affairs, shall seek to harmonize the planning activities of local units of government, area planning and develop ment commissions, joint units of government, and state agencies so that the planning poli cies and objectives of all levels of government are consistent and so that conflicts of activity for the development of the state are minimized.
(b) It shall be the responsibility of the Governor, through the Department of Commu nity Affairs, to encourage coordinated planning activities among districts established pursu ant to any federal legislation that exists or may be established and to provide information and advice on these programs to existing districts and local units of government and other public bodies.
(c) (1) Effective April 1, 1984, there is created an Advisory Committee on Area Plan ning and Development. The committee shall advise the commissioner of community affairs and the Board of Community Affairs in matters relating to the financial and operational conditions, programs, services, intergovernmental relationships, and collective planning studies of area or multicounty planning and development commissions.
(2) The Governor shall appoint the members of the committee who shall serve for terms of office of two years and until their successors are appointed and qualified. The committee shall consist of one member of each area or multicounty planning and development commis sion in the state. If any member of the committee shall cease to be a member of an area or multicounty planning and development commission, he shall no longer be a member of the committee, and the Governor shall appoint a successor who shall serve for the remainder of the term and until his successor is appointed and qualified.
(3) Membership on the committee shall not preclude the member from holding other public office. Each member of the committee shall receive the same per diem allowance as is authorized for members of the General Assembly for each day a committee member is in attendance at a meeting of the committee and shall receive reimbursement for actual trans portation costs incurred while traveling by public carrier or the allowance authorized for state officials and employees for the use of a personal motor vehicle in connection with such attendance. The per diem and travel allowance or reimbursement authorized by this para graph shall be paid from funds appropriated or available to the area or multicounty plan ning and development commission which the member represents.
(4) The committee shall meet at least four but not more than six times per year; how ever, the commissioner of community affairs or the chairman of the committee may call additional special meetings.
(d) The Department of Community Affairs may, upon the request of the governing body of any political subdivision or planning commission, provide planning assistance to such political subdivision, planning commission, or groups of subdivisions or planning com missions. The Department of Community Affairs is also empowered to contract with any such political subdivision, planning commission, or groups of subdivisions or planning com missions for such services rendered, and the receipts of any moneys shall be paid into the state treasury. The Department of Community Affairs is also empowered to contract with any other public or private agency or association and with consultants for the purpose of receiving technical aid or assistance.
(e) The Department of Community Affairs shall be empowered to assist in the conduct of long-range community development planning and research relevant to local governments, to identify their needs, and to provide the fullest possible technical assistance to the local governments in this state.
(f) The Department of Community Affairs may make application on behalf of local governments for receipt of state appropriated funds from the Governor's emergency fund as

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provided by Code Section 45-12-77. If such an application is approved, the department may be authorized, at the discretion of the Governor, to disburse such emergency funds to the local government.
50-8-3. The Department of Community Affairs shall be responsible directly or in coop eration with other agencies for planning with other agencies in the following activities:
(1) To identify potential human, social, and economic problems and opportunities in the various urban, suburban, and rural communities of the state and to assist communities in preparing for such opportunities and avoiding the consequences of such problems;
(2) To define, identify, and establish criteria for communities to participate with and avail themselves of the services of the department;
(3) To coordinate state-wide community affairs programs and responsibilities and to prepare a means for implementing needed and desirable community affairs programs;
(4) To provide, coordinate, or secure for local governments services relating to local financing, public facilities, law enforcement, personnel recruiting, public administration, and related activities;
(5) To supplement other agencies in providing information for communities and areas, which information would help avoid or minimize the problems associated with the changes brought about by altering economic, housing, and social conditions and by public works projects;
(6) To study consequences of government decisions which have an impact on local com munities and to advise local communities affected thereby as to methods of adjustment and to circumstances resulting therefrom, such as changing housing patterns, social and eco nomic conditions, and public works projects;
(7) To maintain liaison with and draw upon specialized private agencies and business, labor, and professional association resources in order to have available additional informa tion and expertise in specific areas of concern;
(8) To coordinate activities with the Department of Housing and Urban Development, or its counterpart by whatever name called, at all governmental levels;
(9) To provide technical assistance directly or through cooperative agreements with other state agencies, units of local government, and local public agencies, or others when appropriate; and
(10) To review, on a continuous basis, the programs and policies of area agencies to determine their consistency with long-range policies and programs of the state biennial de velopment program.
50-8-4. (a) There is created the Board of Community Affairs, which shall establish pol icy and direction concerning community affairs for the Department of Community Affairs for the development of the state's physical, economic, and human resources and to perform such other functions as may be provided by law.
(b) (1) On and after July 1, 1984, the Board of Community Affairs shall consist of one member from each congressional district in the state and five additional members from the state at large. All members shall be appointed by the Governor. The initial terms of mem bers shall be as follows: two members representative of congressional districts and one atlarge member shall be appointed for a term ending July 1, 1985; two members representa tive of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1987; two members representative of congres sional districts and one at-large member shall be appointed for a term ending July 1, 1988; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1989. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified.

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(2) The board shall at all times consist of five members who are elected officials of municipalities, five members who are elected officials of counties, and five members from the populace at large. In appointing members who are elected officials of municipalities, the Governor may consult with and seek recommendations from the Georgia Municipal Associa tion. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia.
(c) The first members appointed under subsection (b) of this Code section shall be ap pointed for terms which begin July 1, 1984. The members of the Board of Community Af fairs serving on April 1, 1984, shall remain in office until July 1, 1984, and until their succes sors are appointed and qualified.
(d) The board at its initial meeting, which meeting shall be called by the Governor promptly after the appointment of its members, shall elect a chairman, vice-chairman, and secretary from among its members. These officers shall serve until the following April, at which time officers shall again be elected; and thereafter officers shall be elected at each April meeting. Five members shall constitute a quorum. Meetings may be called by the chairman or any five board members upon adequate notice.
(e) Board membership does not constitute public office to the extent that a member of the board is precluded from holding other public office. Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board, plus reimbursement for actual transportation incurred while traveling by public carrier or the mileage allowance authorized for certain state officials and employees for the use of a per sonal automobile in connection with such attendance. The above shall be paid in lieu of any other per diem, allowance, or remuneration.
(f) Board members may be reappointed by the Governor to additional terms, provided that the reappointment does not alter the composition of the board as provided for in sub section (b) of this Code section. Should the Governor decide not to reappoint any board member upon the expiration of such member's term, the following procedure shall apply:
(1) If a member was appointed from a congressional district, the Governor shall appoint from the congressional district; or
(2) If the member was appointed from the state at large, the Governor shall appoint from the state at large.
(g) When a vacancy occurs on the board, the Governor shall appoint a person to fill the vacancy within 60 days. The procedure for filling a vacancy shall be the same as prescribed in subsection (f) of this Code section. The following shall constitute a vacancy on the board:
(1) Inability to serve due to death, medical infirmity, or resignation; or
(2) Any change in local elective office-holding status that would cause the composition of the board to violate subsection (b) of this Code section.
50-8-5. There is created the office of commissioner of community affairs, who shall be executive officer and administrative head of the department. The commissioner shall be ap pointed by and serve at the pleasure of the board. The commissioner shall assist the board in the performance of its duties, powers, authority, and jurisdiction, as the board shall provide.
50-8-6. The Board of Community Affairs shall study state housing needs and resources and present to the Governor recommended courses of action by state government.
50-8-7. The Department of Community Affairs may apply for, receive, administer, and utilize any grants or other financial assistance under any federal, private, or public financial sources that may be made available for achieving the purposes of the department.
50-8-8. (a) It shall be the function and duty of the Department of Community Affairs to make comprehensive surveys and studies of the existing physical, social, and economic con-

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ditions of the state. Such surveys and studies shall be made for the purpose of identifying problems with the coordinated and harmonious development of the state.
(b) The Department of Community Affairs shall seek to harmonize its planning activi ties with those of departments, agencies, and instrumentalities of the state, area planning and development commissions, and local governments to assist these agencies in planning matters for the purpose of securing the quality development of the state. Nothing contained in this Code section shall reduce the planning powers conferred upon area planning and development commissions, departments, agencies, or instrumentalities of the state or local governments by law.
(c) In particular, the Department of Community Affairs shall have the power and duty to perform the following:
(1) To increase the awareness of and response to developmental policies and problems, the department shall, every two years, prepare a growth and development profile of the state, using, where available, existing studies, information, and work developed by other state agencies. Such profile and accompanying maps and descriptive matter shall include a general description of existing and probable future patterns of growth and development, a general inventory of natural resources, an analysis of housing, population, and economic conditions, and a summary of policies regarding growth and development. Significant problems related to these categories shall be described in the profile. The profile shall be submitted biennially to the Governor and the General Assembly to assist them in develop ing policies for guiding the coordinated and harmonious development of the state;
(2) Assist the Governor or the General Assembly or any of its committees or any state department or state agency or instrumentality with studies, investigations, reports, and ad vice in matters concerning the resources and the well-coordinated development of the state;
(3) Cooperate with and render planning assistance to the federal government and its agencies within the state, and to counties, municipalities, or other local governments within the state, with a view to harmonizing their planning activities with plans for the develop ment of the state. The department shall, upon the request of any appropriate federal, mu nicipal, or county board or official, transmit available information which will facilitate the above aim;
(4) The department may, upon the request of the governing body of any county or municipality or other political subdivision, provide planning assistance, including surveys, land-use studies, urban renewal plans, technical services, and other planning work, to such county, municipality, or other political subdivision, and the department may agree with such governing body as to the amount of money, if any, to be paid to the department for such service;
(5) To collect information and data and to conduct research on local governments for use by the General Assembly, state agencies, local governments, and their associations and to establish a comprehensive base of local government information which shall draw upon existing information and data within state agencies and utilize information and data col lected directly from local governments; and
(6) To establish no later than December 31, 1987, a strategic state-wide rural economic development plan in cooperation with area planning and development commissions, the University System, other state agencies and departments, and political subdivisions of the state. The plan shall include, without being limited to, identifying industries for which the rural areas of the state have a comparative advantage, exploring sources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic development. The plan shall be updated at the same time the growth and development profile of the state is submitted to the Governor and the General Assembly under paragraph (1) of this subsection.
(d) The powers granted by this Code section and Code Section 50-8-9 to the Depart ment of Community Affairs are advisory only and shall not be construed to infringe upon any power of the legislative, executive, or judicial branch of the state government.

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50-8-9. The Department of Community Affairs shall have the power to promote public interest in and understanding of the problems of state development and of plans for their solution. To this end, the department may make, publish, and distribute maps, plans, infor mation, studies, reports, and recommendations relating to the development of the state to public officials and agencies, semipublic and private agencies and corporations, civic, educa tional, professional, and other organizations and citizens. It may confer and cooperate with the executive, legislative, or planning authorities of neighboring states and their municipali ties and counties for the purpose of bringing about a coordination between the development of such neighboring states and their municipalities and counties and the development of this state.
50-8-10. The Department of Community Affairs shall make available such funds as may be appropriated by the General Assembly for use by area or multicounty planning and de velopment commissions.
50-8-11. (a) State employees transferred from the State Building Administrative Board on March 31, 1980, shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were previously entitled or otherwise authorized.
(b) Any legal contracts entered into by the State Building Administrative Board which were in effect on March 31, 1980, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration.
50-8-12. (a) State employees transferred from the Bureau of Community Affairs to the Department of Community Affairs on July 1, 1977, shall retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were previously entitled or authorized.
(b) Any legal contracts entered into by the bureau which were in effect on July 1, 1977, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration.",
and inserting in lieu thereof a new Article 1 to read as follows:
"ARTICLE 1
50-8-1. The Department of Community Affairs is created as a department of the execu tive branch of state government. The Department of Community Affairs, as it existed imme diately prior to February 24, 1988, shall continue to exist as a department of the executive branch of state government in accordance with this article. From and after February 24, 1988, the Department of Community Affairs shall have the duties, responsibilities, func tions, power, and authority set forth in this article and otherwise provided by law.
50-8-2. (a) As used in this article, the term:
(1) 'Area planning commission' means any area planning and development commission or any metropolitan area planning and development commission created in accordance with this chapter.
(2) 'Board' means the Board of Community Affairs.
(3) 'Commissioner' means the commissioner of community affairs.
(4) 'Constitution' means the Constitution of the State of Georgia.
(5) 'Contract' means any contract, agreement, or other legally binding arrangement.
(6) 'County' means any county of this state.
(7) 'Department' means the Department of Community Affairs.
(8) 'Eligible recipient' means any local government, school district, or other government entity which may be eligible to receive funds from the department pursuant to terms for

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eligibility established by the department or those established by the government or other source which makes the funds available to the department.
(9) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities.
(10) 'Local government' means any county, municipality, or other political subdivision of the state; any area planning commission; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or acti vated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, sepa rately or in any combination, and shall include any group of counties or municipalities which forms a group to carry out jointly any of their lawful purposes but shall not include school districts.
(11) 'Local government affairs' means all matters involving or affecting local govern ments in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority.
(12) 'Local government services' means the activities performed or authorized to be per formed by the department including, but not limited to, its performance of duties, responsi bilities, and functions in local government affairs and its exercise of power and authority in local government affairs.
(13) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(14) 'Necessary' means necessary, desirable, or appropriate, as determined by the com missioner, unless the context clearly indicates a different meaning.
(15) 'Rural area' means any nonurban area in the state as denned in rules and regula tions of the department.
(16) 'School district' means any school district, independent school system, or other local school system in the state.
(17) 'State' means the State of Georgia.
(b) A reference to the terms of any contract or writing or to the terms under which any funds are made available shall include all terms, conditions, covenants, representations, war ranties, and other provisions.
50-8-3. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The purpose of this article is to provide for the department to serve this essential public interest of the state in developing, promoting, sus taining, and assisting local governments.
(b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the de partment shall:
(1) Develop, promote, sustain, and assist local governments;
(2) Provide a liaison between local governments and other governments, including the state government and the federal government;
(3) Act as the state's principal department for local government affairs and local gov ernment services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government

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level for such programs, studies, and functions provided by the department and for those provided by others;
(4) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and re sponsibilities of local governments the provision of planning services; the provision of infra structure and other public works and improvements; the development, promotion, and re tention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply; and
(5) Serve as the representative of the Governor to local governments and in local gov ernment affairs on a regular basis and on special assignments as authorized by the Governor.
50-8-4. (a) The Board of Community Affairs, as it existed immediately prior to Febru ary 24, 1988, shall continue to exist in accordance with this article. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows:
(1) Members of the board serving immediately prior to February 24, 1988, shall con tinue to serve the respective terms for which they were appointed and until their respective successors are appointed and qualified. Thereafter the Governor shall appoint all members for terms of five years and until their successors are appointed and qualified;
(2) The board shall be composed of one member from each United States congressional district in the state and five additional members from the state at large. The membership shall include, at all times, five members who are elected officials of municipalities, five mem bers who are elected officials of counties, and five members from the state at large who need not be elected officials. In appointing members who are elected officials of municipalities, the Governor may consult with and seek recommendations from the Georgia Municipal As sociation. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia;
(3) The term of a member shall expire when it ends or shall terminate earlier immedi ately upon:
(A) Resignation by a member;
(B) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or
(C) Any change in local elective office of a member which would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection;
(4) The Governor shall appoint a new member within 60 days after the expiration or termination of a member's term. The Governor may reappoint members of the board to consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection. If, upon expiration or termination of a member's term, the Governor does not reappoint the board member whose term is expiring or terminating, the following procedure shall apply:
(A) If the former member was appointed from a congressional district, the Governor shall appoint a new member from the same congressional district;
(B) If the former member was appointed from the state at large, the Governor shall appoint a new member from the state at large; and
(C) If the former member was appointed as an elected official of a municipality or an elected official of a county, the Governor shall appoint a new member who is either an elected official of a municipality or a county, as the case may be; and

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(5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office.
(c) Officers of the board shall be elected and shall serve as follows:
(1) The officers of the board serving immediately prior to February 24, 1988, shall con tinue to serve the respective terms for which they were elected and until their respective successors are elected and qualified;
(2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board;
(3) The board shall elect officers at each May meeting or, if there is no May meeting, at the next monthly meeting; and
(4) Officers shall serve for a term beginning with their election and qualification and ending with the election and qualification of their respective successors.
(d) The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. Five members of the board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before that meeting. No member may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it deems appro priate for conducting its business from time to time. These rules and procedures may be established in bylaws in such other form as the board deems appropriate.
(e) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in at tendance at a meeting of the board, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state offi cials and employees for the use of a personal automobile in connection with such attend ance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation.
50-8-5. (a) The office of the commissioner of community affairs, as it existed immedi ately prior to February 24, 1988, shall continue to exist in accordance with this article. The commissioner shall be the department head, whose duties shall include serving as the de partment's chief executive officer and administrative head. The commissioner serving imme diately prior to February 24, 1988, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner.
(b) The commissioner shall have and may exercise the following power and authority:
(1) The power and authority to take or cause to be taken any or all action necessary to perform any local government services or otherwise necessary to perform any duties, respon sibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
(2) The power and authority to make, promulgate, enforce, or otherwise require compli ance with any and all rules, regulations, procedures, or directives necessary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise; and
(3) The power and authority to assist the board in the performance of its duties, re sponsibilities, and functions and the exercise of its power and authority.
50-8-6. The department shall be divided into such divisions, sections, or offices as may

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be necessary from time to time. All divisions, sections, or offices in existence immediately prior to February 24, 1988, shall continue to exist in accordance with this article. Thereaf ter, divisions, sections, and offices shall be abolished, reorganized, or established from time to time by the commissioner and as otherwise specified by law. The commissioner shall appoint such directors, deputies, and assistants as may be necessary to manage such divi sions, sections, and offices. Such positions shall be in the unclassified service of the State Merit System of Personnel Administration.
50-8-7. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such planning and technical assistance activities as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such planning and technical assistance activities may include, but shall not be limited to, the following:
(1) The department may provide technical assistance to local governments. This assis tance may be directed to any and all activities of local government including, but not lim ited to, community and economic development and governmental administration, finance, management, and operations;
(2) The department may provide planning assistance to local governments. This assis tance may include long-range planning relevant to one or more local governments to identify the needs of such local governments. This assistance may also include planning with respect to downtown development and the redevelopment and revitalization of downtown areas and central business districts;
(3) The department may assist local governments in planning for the consequences or other results of decisions or actions by any government which have an impact on local gov ernments or on any of their citizens;
(4) The department may provide planning assistance to any local government or any state agency or state authority in connection with housing and dwelling places for citizens of the state. This assistance may include planning with respect to the availability of singlefamily, multifamily, and other types of housing units, the anticipated changes in such avail ability, the potential occupants for such housing, and the anticipated changes in such poten tial occupants. This assistance may also include planning with respect to homeless persons and the shelter needs of homeless persons; and
(5) The department's planning and technical assistance activities may include planning, technical assistance, analysis, recommendations for policies or action, and related activities and services with respect to any lawful purpose or activity of a local government.
(b) The department shall undertake and carry out such gathering of information, such distribution of information, and such studies and recommendations as the board or the com missioner may deem necessary for performing local government services and as may be spec ified by law. Such gathering and distribution of information and studies may include, but shall not be limited to, the following:
(1) The department shall establish the Georgia data bank to serve as a comprehensive source of information available to local governments and state government. The Georgia data bank shall collect, analyze, and disseminate information with respect to local govern ments and with respect to state government. The Georgia data bank shall use information obtained from other governments and information developed by the department. To main tain the Georgia data bank, the department shall make comprehensive studies, investiga tions, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department;
(2) The department shall, every two years, prepare a growth and development profile of the state. The profile and the maps and descriptions which accompany the profile shall include a general description of the existing and probable future patterns of growth and development and shall describe significant problems related to these patterns. For this pur-

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pose, the department shall use information from the Georgia Data Bank and, where availa ble, information developed by other state agencies. In addition, the department may de velop its own information. This profile shall be submitted biennially to the Governor and to the General Assembly for their information and use in developing policies for the state;
(3) The department shall maintain a strategic rural economic development plan in co operation with the area planning commissions, the university system of the state, other state agencies and departments, and local governments. The plan shall include, without being limited to, identifying industries for which the rural areas of the state have a comparative advantage, exploring resources for venture capital for the rural areas of the state, and pro viding state financial assistance to support local initiatives for rural economic development in rural areas. This rural economic development plan shall be revised and updated at the same time as the growth and development profile of the state prepared for submission to the Governor and to the General Assembly is updated and shall be submitted to the Governor and to the General Assembly at the same time;
(4) The department may assist the Governor, the General Assembly, any committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommenda tions, advice, and information prepared, developed, or obtained by the department;
(5) The department may undertake studies, investigations, and surveys to identify po tential physical, social, economic, governmental, demographic, or other problems and oppor tunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such op portunities; and
(6) The department may write, draft, prepare, or publish any studies, surveys, investi gations, maps, reports, plans, recommendations, advice, and information with respect to lo cal government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and infor mation to any government, any state authority or state agency, or any private entity.
50-8-8. (a) The department shall make grants to eligible recipients, which grants are specified by amount, recipient, and purpose in an appropriation to the department. The department shall also grant to any school district the proceeds of any general obligation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients from appropriations made to the department generally for grant purposes, without appropriations language specifying amounts, recipients, and pur poses. The department shall disburse such grants on the basis of criteria which include con sideration of matters such as legislative intent; local, regional, or state-wide impact or bene fit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of government operations or services; community health, safety, and economic well-being; and any other similar criteria that may from time to time be established by the department. No grant by the department to any eligible recip ient shall adversely affect any grant or service to the recipient by any other unit or instru mentality of state government. Without limiting the foregoing, the Department of Educa tion, Department of Transportation, and the director of the Fiscal Division of the Department of Administrative Services shall not diminish or fail to award any funds or service to any recipient under any state or federal program in whole or in part on account of a grant by the department. Grants by the department are and shall be deemed to be of a special nature and in addition to all such other grants or awards. The following provisions shall apply to making such funds available to eligible recipients:
(1) The department may make available funds by grant to an eligible recipient, by di rect payments on behalf of an eligible recipient, or by any other lawful means;
(2) The department may accept, use, and disburse gifts and grants made to it on terms consistent with its legal powers, from any public or private source;

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(3) The department shall specify the terms under which it makes any funds available to an eligible recipient. The terms shall be those established or otherwise required by the gov ernment or other source which makes the funds available to the department. If such govern ment or other source does not establish or otherwise require any such terms, the department may establish the terms;
(4) The department shall set forth in writing the terms under which the department makes funds available to an eligible recipient. The terms may be set forth in a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a local government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws;
(5) The department shall manage and administer all funds made available pursuant to this Code section; and
(6) The department may make funds available for any purpose for which the eligible recipient may lawfully use such funds. Unless precluded by general law, these purposes may include, but shall not be limited to, assisting in or furthering any of the purposes, duties, responsibilities, functions, power, or authority of local governments or the department. These purposes may also include, but shall not be limited to, establishing, developing, con structing, improving, maintaining, restoring, or protecting local government projects or pur poses of any nature, such as:
(A) Construction projects;
(B) Capital outlay projects;
(C) Infrastructure projects;
(D) Planning services;
(E) Technical assistance;
(F) Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agriculture, and agribusiness;
(G) Purchase or lease of equipment;
(H) Operating expenses;
(I) Housing projects;
(J) Any project for the purposes of acquiring, constructing, equipping, maintaining, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educational, athletic, and other events, in order to provide for the establishment, development, and maintenance of commerce and trade;
(K) Any project or purpose described in or permitted under any appropriations to the department;
(L) Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department;
(M) Any project or purpose provided for in the federal Housing and Community Devel opment Act of 1974, as amended, or any successor to the Housing and Community Develop ment Act of 1974;
(N) Any project or purpose provided for in the federal Public Works and Economic Development Act of 1965, as amended, or any successor to the Public Works and Economic Development Act of 1965;
(O) Any project or purpose authorized by federal or state law; or

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(P) Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department.
(b) The department may apply for, receive, administer, and use any grant, other finan cial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of local governments or other eligible recipi ents. The department's power and authority under this subsection includes, but shall not be limited to, the following:
(1) The department may apply on behalf of local governments or other eligible recipi ents for receipt of state appropriated funds from the Governor's emergency fund as pro vided by Code Section 45-12-77. If such an application is approved, or if state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are other wise made available to the department, the department may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient.
(2) The department may accept on behalf of local governments or other eligible recipi ents funds provided to the department by an executive order of the Governor and may disburse such funds to such local governments or other eligible recipients. The eligible recip ient and the terms under which such funds are made available for use by the eligible recipi ent shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient.
(c) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto.
(d) The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any other service or function as authorized by the Constitution.
(e) The department shall make available to any state agency or authority assigned to the department for administrative purposes all funds made available to the department for the use of any such state authority or agency. The department may make available funds to such state agencies or authorities for any lawful purposes of any such state agencies or authorities.
(f) The power and authority of the department under this Code section to make availa ble to local governments or any other eligible recipient any funds shall be limited by the Constitution and laws of the state, and as specified in this Code section, but shall not other wise be limited.
(g) Pursuant to Article VII, Section III, Paragraph III of the Constitution and as other wise may be authorized, all grants and other disbursements of funds made by the depart ment or from the emergency fund through the department prior to February 24, 1988, are approved, ratified, and confirmed.
50-8-9. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall have the power to enter into contracts with local governments, school districts, state agen cies, state authorities, and other public and private entities or individuals for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or func tions of the department or exercising the power and authority of the department. No such contract shall constitute a donation or gratuity or the forgiveness of any debt or obligation owing to the public. No such contract shall constitute or be intended to constitute security for bonds or other obligations issued by any public agency, public corporation, or authority. No such contract shall constitute a pledge or loan of the credit of the state to any individ ual, company, corporation, or association, and the state, through the department, shall not become a joint owner or stockholder in or with any individual, company, association, or corporation.

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(b) The power and authority of the department under this Code section to enter into contracts shall be limited to entering into contracts permitted under the Constitution and laws of the state and as specified in this Code section but shall not otherwise be limited.
50-8-10. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such activities as may be necessary to coordinate policies, programs, and actions of governments in local government affairs and as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) The department may take such action as the commissioner may deem necessary, to the extent feasible and practicable as determined by the commissioner, to make the pro grams and policies of all levels of government consistent and to minimize duplicated or inconsistent programs and policies within the state government and among local governments;
(2) The department may review, on a continuous basis, the programs and policies of all governments acting within the state to determine their consistency with long-range pro grams and policies of the state, including the state's biennial growth and development pro file; and
(3) The department may consult with, meet with, confer with, and cooperate with the executive or legislative authorities of other states, with representatives of municipalities and counties of other states, with other representatives of governments, with representatives of private entities, and with others for the purpose of furthering the coordination of programs and policies affecting local government affairs within this state.
(b) The department shall serve as the state's clearing-house and research center on intergovernmental relations, including relationships among federal, state, and local levels of government, and to this end, the department shall:
(1) Monitor, review, analyze, and communicate with and to others with respect to ac tions and developments in the United States Congress, in the federal agencies, and in other states which affect local governments or which may affect relations between the state and any local governments; and
(2) Coordinate its activities with the office of the Governor, other state agencies and authorities, and the state's members of the United States Congress.
(c) The department may provide, supervise, or coordinate leadership and community development programs for local governments and other programs with respect to local gov ernment affairs. The department may develop pilot programs or projects designed to ad dress the problems and needs of local government.
50-8-11. (a) The department shall have the duty, responsibility, power, and authority to take all action necessary to further the purposes of the department, without regard for whether any such duty, responsibility, power, or authority is specifically mentioned in this article or otherwise specifically granted by law. Without limiting the general nature of this Code section:
(1) The department shall have all duties, responsibilities, power, and authority granted or specified under or pursuant to any other laws of the state and any executive orders issued by the Governor prior to February 24, 1988. To the extent permitted by law, the Governor may, by executive order issued after February 24, 1988, authorize the department to take specific action in furtherance of the purposes of the department; and in that event, the department shall take such action;
(2) The department shall promote and encourage assistance from private entities and individuals in carrying out and performing local government services;
(3) The department shall assist local governments in developing, promoting, and retain ing trade, industry, commerce, and employment opportunities;

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(4) The department may define, identify, and establish criteria or requirements for local governments or others to participate with or to use any local government services; and
(5) The department may receive, use, and spend money received from the state for any of the purposes of the department.
(b) Revenues for all fees and charges imposed or otherwise charged by the department for local government services shall be paid into the general fund of the state treasury, except that charges intended to reimburse expenses incurred by the department shall be used to reimburse the department for such expenses.
50-8-12. (a) The Advisory Committee on Area Planning and Development, as it existed immediately prior to February 24, 1988, shall continue to exist in accordance with the provi sions of this article. The committee shall advise the commissioner and the board in matters relating to the financial and operational conditions, programs, services, intergovernmental relationships, and collective planning studies of area planning commissions. The members of the committee serving immediately prior to February 24, 1988, shall continue to serve the respective terms for which they were appointed and until their respective successors are appointed and qualified. Thereafter, the Governor shall appoint the members of the com mittee who shall serve for terms of office of two years and until their successors are ap pointed and qualified. The committee shall consist of one member from each area planning commission in the state. If any member of the committee shall cease to be a member of an area planning commission in the state, such member shall no longer be a member of the committee, and the Governor shall appoint a successor who shall serve for the remainder of the term and until such member's successor is appointed and qualified. Membership on the committee shall not preclude the member from holding other public office. Each member of the committee shall receive the same per diem allowance as is authorized for members of the General Assembly for each day a committee member is in attendance at a meeting of the committee and shall receive reimbursement for actual transportation costs incurred while traveling by public carrier or the allowance authorized for state officials and employ ees for the use of a personal motor vehicle in connection with such attendance. The per diem and travel allowance or reimbursement authorized by this subsection shall be paid from funds appropriated and available to the area planning commission which the member represents. The committee shall meet at least four but not more than six times per year. The commissioner or the chairman of the committee may call additional special meetings.
(b) The commissioner may create advisory councils in accordance with Code Section 504-4. The commissioner may name or otherwise designate such advisory councils as the com missioner deems necessary.
50-8-13. (a) Authorities or agencies may be assigned to the department for administra tive purposes in accordance with Code Section 5-4-3. The following authorities are assigned to the department in accordance with such Code section:
(1) The Georgia Environmental Facilities Authority; and
(2) The Georgia Residential Finance Authority.
(b) The department may induce, by payment of state funds or other consideration, any agency or authority assigned to the department for administrative purposes to perform any local government services and to perform its own statutory function.
50-8-14. The administration of programs, grants, and other activities covered by this chapter shall not be covered by, subject to, or required to comply with or satisfy any provi sion of Chapter 13 of this title, known as the 'Georgia Administrative Procedure Act.'
50-8-15. (a) State employees transferred from the State Building Administrative Board on March 31, 1980, shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were previously entitled or otherwise authorized.
(b) Any legal contracts entered into by the State Building Administrative Board which were in effect on March 31, 1980, are transferred and shall continue in effect under the

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Department of Community Affairs until their normally prescribed termination or expiration.
50-8-16. (a) State employees transferred from the Bureau of Community Affairs to the Department of Community Affairs on July 1, 1977, shall retain all rights, entitlements, and privileges as state employees and shall participate in the various state personnel programs as they were previously entitled or authorized to participate.
(b) Any legal contracts entered into by the bureau which were in effect on July 1, 1977, are transferred and shall continue in effect under the Department of Community Affairs under their normally prescribed termination or expiration."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Dean of the 31st moved that the Senate adopt the Conference Committee re port on SB 475.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Coleman Dawkins Deal Dean

Echols English Fincher Foster Garner Gillis Harris Huggins Kidd Langford McGill McKenzie

Olmstead Perry Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Brannon Burton Coverdell

Edge Harrison Land

Newbill Phillips Ragan of 32nd

Those not voting were Senators:

Crumbley Engram Hine Howard

Hudgins Johnson Kennedy (presiding) Peevy

Shumake Tate (excused) Walker

On the motion, the yeas were 36, nays 9; the motion prevailed, and the Senate adopted the Conference Committee report on SB 475.

Serving as doctor of the day today was Dr. Tony Musarra of Marietta, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:08 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 25, 1988 Thirty-third Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1234. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discre tion, to deregulate or not provide a tariff on certain services of telecommunica tions companies.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 1420. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require cer tain local governments to file an annual report of local government finances with the Department of Community Affairs.
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1795. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Pittman of the 60th, Mobley of the 64th and others:
A bill to abolish the office of coroner of Gwinnett County and establish in its place the office of medical examiner of Gwinnett County; to provide for the qual ifications, appointment, service, compensation, expenses, functions, powers, rights, and duties of that medical examiner and the office thereof.
HB 1811. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to reincorporate the City of Forest Park in the County of Clayton; to cre ate a new charter for said city; to prescribe the corporate limits of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, bylaws, rules, and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties, and terms of office.

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HB 1818. By Representatives Crosby of the 150th and Dixon of the 151st: A bill to amend an Act providing for a new charter for the City of Folkston, so as to change certain provisions relating to the jurisdiction, powers, and authority of the Municipal Court of the City of Folkston.
HB 1822. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th: A bill to amend an Act creating a board of commissioners of Madison County, so as to provide for the election and terms of office of a five-member board of commissioners.
HB 1823. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to provide for the Board of Education of Madison County.
HB 1824. By Representative Ricketson of the 82nd: A bill to amend an Act placing the tax commissioner of Wilkes County on an annual salary, so as to change the compensation of that tax commissioner.
HB 1826. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th: A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to change the compensation of the members and chairman of the authority.
HB 1827. By Representative Carrell of the 65th: A bill to provide a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over.
HB 1828. By Representatives Shepard of the 71st, Mostiler of the 75th, Meadows of the 91st and Ware of the 77th: A bill to provide a homestead exemption from all Coweta County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $12,500.00 and who are totally disabled or 65 years of age or over.
HB 1829. By Representative Carrell of the 65th: A bill to provide a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain disabled residents of that county who have annual incomes not exceeding $15,000.00.
HB 1830. By Representative Carrell of the 65th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Walton County during designated regis tration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.
HB 1832. By Representative Carter of the 146th: A bill to amend an Act changing certain provisions relative to the Magistrate Court of Berrien County, so as to provide for the salary of the chief magistrate.

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HB 1833. By Representative McDonald of the 12th: A bill to amend an Act creating the State Court of Jackson County, so as to provide that the judge of such court shall be a full-time judge and shall not en gage in the private practice of law; to provide that the solicitor of such court shall be a full-time solicitor and shall not engage in the private practice of law.
HB 1834. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Irwinton.
HB 1835. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Gordon.
HB 1837. By Representative Smith of the 78th: A bill to amend an Act creating the Board of Commissioners of Butts County, so as to change the powers, duties, and authority of the board; to create the office of county manager.
HB 1838. By Representatives Waddle of the 113th and Watson of the 114th: A bill to amend an Act incorporating the City of Centerville, so as to define the corporate limits of said city.
HB 1841. By Representatives Aiken of the 21st, Wilder of the 21st, Clark of the 20th, At kins of the 21st, Thompson of the 20th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change certain costs and the provisions relating to costs in such court.
HB 1842. By Representatives Redding of the 50th, Clark of the 55th, Williams of the 48th, Aaron of the 56th, Linder of the 44th and others: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to change the provisions re lating to the authority of the Chief Executive to vote on matters before the Com mission when members of the Commission are equally divided; to provide that certain department heads shall be under the DeKalb County Merit System.
HB 1844. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act providing for a new board of education of Newton County, so as to change the provisions relative to the compensation of the mem bers and the chairman of the board.
HB 1847. By Representatives Lord of the 107th and Parrish of the 109th: A bill to amend an Act to make provisions for the Magistrate Court of Johnson County, so as to change the method of selection of the chief magistrate.
HB 1850. By Representatives Coleman of the 118th and Branch of the 137th: A bill to reincorporate the City of Scotland, Georgia, and to grant a new charter to the said city; to repeal and replace the charter of Scotland.
HB 1852. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th: A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 home stead exemption from ad valorem taxes of the City of Albany for individuals 65 years of age or older.

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HB 1853. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th: A bill to amend an Act creating the office of county administrator of Dougherty County, so as to change the dollar amount of contracts and purchases below which the administrator need not seek approval from the governing authority.
HB 1855. By Representatives Godbee of the 110th and Lane of the lllth: A bill to amend an Act placing the coroner of Bulloch County on an annual sal ary, so as to change the compensation of the coroner.
HB 1856. By Representatives Godbee of the 110th and Lane of the lllth: A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court.
HB 1857. By Representative Meadows of the 91st: A bill to amend an Act incorporating the City of Manchester, so as to provide for the election of the members of the board of commissioners of the City of Manchester from election districts.
HB 1858. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act providing for the compensation and expenses of the coro ner of Clayton County, so as to change the compensation of the coroner.
HB 1859. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.
HB 1860. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
HB 1861. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to provide that future school superintendents of the Clayton County School District shall be appointed by the board of education rather than elected.
HB 1862. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.
HB 1863. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the tax commissioner; to change the provi sions relative to the compensation of the deputy tax commissioner.

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HB 1864. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the com pensation of the judge and solicitor of said court.
HB 1865. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide a $20,000.00 homestead exemption from Henry County School District ad valorem taxes for educational purposes for residents of that school district who are 62 years of age but below 65 years of age; to provide a $25,000.00 homestead exemption from Henry County School District taxes for residents of that school district who are 65 years of age.
SB 623. By Senator Foster of the 50th:
A bill to amend an Act incorporating the City of Clayton, as amended, so as to change the provisions relating to the date of city elections.
HB 1529. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement of counties for expenses of capital felony prosecutions, so as to change the definition of the term "county revenue"; to change the provisions relating to the basis for reimbursement of counties for cap ital felony expenses.
HB 1729. By Representatives Edwards of the 112th, Triplett of the 128th, Dixon of the 151st, Wood of the 9th, Jackson of the 9th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to make it unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the Department of Revenue and unless such activity is carried on at an established place of business.
HB 1310. By Representatives Walker of the 85th, Redding of the 50th, Thomas of the 31st, Lucas of the 102nd, Sinkfield of the 37th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations.
HB 1476. By Representatives Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Ransom of the 90th and others:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide for state participation in the cost of funding certain county probation systems under cer tain conditions; to provide that county probation systems, including state court adult probation systems, of each county having a population of 250,000 or more shall become a part of the state-wide probation system on a certain date.
HB 1162. By Representative Pannell of the 122nd:
A bill to amend Part 4 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of trust companies, so as to change the requirements relating to fiduciary funds awaiting investment or distribution.

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HB 1647. By Representatives Twiggs of the 4th, Peters of the 2nd, Rainey of the 135th, Dover of the llth, Langford of the 7th and others:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misdemeanor violations under the "Game and Fish Code" when the defendant waives a jury trial; to provide for other matters relative thereto.
HB 1311. By Representative Lawler of the 20th:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for liability of certain owners or custodians of certain dogs to the owners of llamas or alpacas for damages, death, or injury caused by such dogs; to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide for liability of certain persons or owners of dogs to owners of llamas or alpacas for death or injury caused by such dogs.
HB 1691. By Representatives Smyre of the 92nd, Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Benn of the 38th and others:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the economic development and enhancement of employment in the state through the acquisition, construction, and operation of a stadium suitable for multipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Congress Center and to provide for the financing of such project.
HB 1567. By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide that in any county having a population of more than 150,000 in any metropolitan statistical area having a population of not less than 260,000 nor more than 360,000 public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 1518. By Representative Groover of the 99th:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases.
HB 1324. By Representatives Pannell of the 122nd, Richardson of the 52nd, Steinberg of the 46th, Chambless of the 133rd, Hooks of the 116th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors.
HB 1449. By Representatives Goodwin of the 63rd, Jackson of the 9th, Carter of the 146th, McDonald of the 12th, Crosby of the 150th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail

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installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the re tail installment contract or the lessor under the lease contract.
HB 1703. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change certain provisions relating to expense al lowances, reimbursement for actual expenses, and residency requirements; to prohibit participation in certain employee benefit plans.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1272. By Representatives Chambless of the 133rd, Thomas of the 69th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to business corporations.
HB 1491. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, so as to provide for the dis charge of certain debts or obligations due the health insurance fund for public school teachers and the health insurance fund for public school employees.
HB 1493. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to pro vide that any check or draft not presented for acceptance during the five years following the date the check or draft was issued shall be void and the funds re tained by the insurance fund that issued the check or draft.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1557. By Representative Smith of the 78th: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to require the judge of the probate court to issue certain certificates stating the date, time, and place where an adult has been declared incapacitated and guardianship created; to provide for certain certificates in cases where guardianships have been terminated.
HB 670. By Representative Martin of the 26th: A bill to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to the administration of estates generally, so as to authorize the judge of the probate court to require the initial posting of a bond given by an administra tor or executor to be posted for a period greater than one year.
HB 669. By Representative Martin of the 26th: A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to authorize the judge of the probate court to require the initial posting of the bond of a guardian for a period greater than one year; to

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1299

provide that upon the resignation or removal of a guardian or other termination of a guardianship, the probate court retains jurisdiction over the guardian until a final settlement of accounts is made.
HB 1627. By Representatives Barnett of the 10th and Yeargin of the 14th:
A bill to amend Code Section 24-10-60 of the Official Code of Georgia Annotated, relating to issuance of an order requiring a prisoner's delivery to serve as a wit ness or criminal defendant, so as to provide procedures for the delivery of a pris oner under a sentence of death as a witness.
HB 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1988.
HB 1605. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to eliminate and repeal the provi sions relative to the automatic repeal of the chapter.
HB 1250. By Representatives Porter of the 119th, Thomas of the 69th, Pettit of the 19th, Robinson of the 96th and Lawson of the 9th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to change provisions relating to renunciations of successions to interests in property to clarify the breadth of the description of interests in property that may be renounced and the persons who may renounce them; to provide a definition of the term "interest in property".
HB 1336. By Representatives Patten of the 149th and Long of the 142nd:
A bill to amend Code Section 12-5-123 of the Official Code of Georgia Annotated, relating to the creation of the State Water Well Standards Advisory Council, so as to provide that the Attorney General shall provide legal services for the State Water Well Standards Advisory Council.
HB 1629. By Representatives Coleman of the 118th, Twiggs of the 4th, Banner of the 131st and Couch of the 40th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, known as the "Bus Passenger Safety Act," so as to provide for legislative findings; to change the provisions relating to definitions; to provide that certain provisions will apply to railroad and rapid transit systems as well as to bus transportation.
HB 1678. By Representative McKinney of the 35th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to authorize the Department of Transporta tion, any county, and any municipality to lease property to any state or federal agency, county, or municipality without meeting certain requirements.
HB 1030. By Representative Workman of the 51st:
A bill to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans of motor vehicle liability insurance, self-insurers, and "spot" insurance, so as to authorize the Commissioner of Insur-

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ance to approve certificates of self-insurance for motor vehicle insurance purposes.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 811. By Representatives Connell of the 87th, Padgett of the 86th, Ransom of the 90th, Cheeks of the 89th and Brown of the 88th:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia or the Georgia Building Authority (Hos pital) in Richmond County, Georgia.
HR 877. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey all or portions of certain state owned real property located in Towns County, Georgia, to the United States of America, acting by and through its forest service, in exchange for the conveyance to the State of Georgia by the United States of America of all or portions of certain tracts of real property owned by the United States of America and located in Dawson County, Georgia.
The House has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definition of terms; to specify pur poses of the department; to provide for the Board of Community Affairs.
The following resolutions of the Senate were introduced, read the first time and re ferred to committees:
SR 423. By Senators McGill of the 24th, Echols of the 6th, Gillis of the 20th and others:
A resolution regarding tobacco export to South Korea. Referred to Committee on Agriculture.
SR 424. By Senator Barnes of the 33rd:
A resolution authorizing and directing the State Board of Postsecondary Voca tional Education to create and provide programs to train and certify nursing home assistants; to provide requirements for such programs; to authorize the ex penditure of funds for such purpose. Referred to Committee on Education.
SR 430. By Senator Fincher of the 54th:
A resolution designating the William A. Ridley Bridge. Referred to Committee on Transportation.

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1301

The following bills and resolutions of the House were read the first time and referred to committees:
HB 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1988.
Referred to Committee on Appropriations.
HB 669. By Representative Martin of the 26th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to authorize the judge of the probate court to require the initial posting of the bond of a guardian for a period greater than one year; to provide that upon the resignation or removal of a guardian or other termination of a guardianship, the probate court retains jurisdiction over the guardian until a final settlement of accounts is made.
Referred to Committee on Special Judiciary.
HB 670. By Representative Martin of the 26th:
A bill to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to the administration of estates generally, so as to authorize the judge of the probate court to require the initial posting of a bond given by an administra tor or executor to be posted for a period greater than one year.
Referred to Committee on Special Judiciary.
HB 1030. By Representative Workman of the 51st:
A bill to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans of motor vehicle liability insurance, self-insurers, and "spot" insurance, so as to authorize the Commissioner of Insur ance to approve certificates of self-insurance for motor vehicle insurance purposes.
Referred to Committee on Insurance.
HB 1162. By Representative Pannell of the 122nd:
A bill to amend Part 4 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of trust companies, so as to change the requirements relating to fiduciary funds awaiting investment or distribution.
Referred to Committee on Banking and Finance.
HB 1250. By Representatives Porter of the 119th, Thomas of the 69th, Pettit of the 19th, Robinson of the 96th and Lawson of the 9th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to change provisions relating to renunciations of successions to interests in property to clarify the breadth of the description of interests in property that may be renounced and the persons who may renounce them; to provide a definition of the term "interest in property".
Referred to Committee on Judiciary.

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HB 1310. By Representatives Walker of the 85th, Redding of the 50th, Thomas of the 31st and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations.
Referred to Committee on Banking and Finance.
HB 1311. By Representative Lawler of the 20th:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for liability of certain owners or custodians of certain dogs to the owners of llamas or alpacas for damages, death, or injury caused by such dogs; to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide for liability of certain persons or owners of dogs to owners of llamas or alpacas for death or injury caused by such dogs.
Referred to Committee on Special Judiciary.
HB 1336. By Representatives Patten of the 149th and Long of the 142nd:
A bill to amend Code Section 12-5-123 of the Official Code of Georgia Annotated, relating to the creation of the State Water Well Standards Advisory Council, so as to provide that the Attorney General shall provide legal services for the State Water Well Standards Advisory Council.
Referred to Committee on Natural Resources.
HB 1476. By Representatives Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Ransom of the 90th and others:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide for state participation in the cost of funding certain county probation systems under cer tain conditions; to provide that county probation systems, including state court adult probation systems, of each county having a population of 250,000 or more shall become a part of the state-wide probation system on a certain date.
Referred to Committee on Corrections.
HB 1529. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement of counties for expenses of capital felony prosecutions, so as to change the definition of the term "county revenue"; to change the provisions relating to the basis for reimbursement of counties for cap ital felony expenses.
Referred to Committee on Appropriations.
HB 1557. By Representative Smith of the 78th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to require the judge of the probate court to issue certain certificates stating the date, time, and place where an adult has been declared incapacitated and guardianship created; to provide for certain certificates in cases where guardianships have been terminated.
Referred to Committee on Judiciary.

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HB 1567. By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide that in any county having a population of more than 150,000 in any metropolitan statistical area having a population of not less than 260,000 nor more than 360,000 public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected. Referred to Committee on Urban and County Affairs (General).
HB 1605. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to eliminate and repeal the provi sions relative to the automatic repeal of the chapter. Referred to Committee on Public Utilities.
HB 1627. By Representatives Barnett of the 10th and Yeargin of the 14th:
A bill to amend Code Section 24-10-60 of the Official Code of Georgia Annotated, relating to issuance of an order requiring a prisoner's delivery to serve as a wit ness or criminal defendant, so as to provide procedures for the delivery of a pris oner under a sentence of death as a witness. Referred to Committee on Judiciary.
HB 1629. By Representatives Coleman of the 118th, Twiggs of the 4th, Hanner of the 131st and Couch of the 40th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, known as the "Bus Passenger Safety Act," so as to provide for legislative findings; to change the provisions relating to definitions; to provide that certain provisions will apply to railroad and rapid transit systems as well as to bus transportation. Referred to Committee on Public Safety.
HB 1647. By Representatives Twiggs of the 4th, Peters of the 2nd, Rainey of the 135th and others:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misdemeanor violations under the "Game and Fish Code" when the defendant waives a jury trial; to provide for other matters relative thereto. Referred to Committee on Judiciary.
HB 1678. By Representative McKinney of the 35th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to authorize the Department of Transporta tion, any county, and any municipality to lease property to any state or federal agency, county, or municipality without meeting certain requirements. Referred to Committee on Transportation.
HB 1691. By Representatives Smyre of the 92nd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to

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JOURNAL OF THE SENATE

provide for the economic development and enhancement of employment in the state through the acquisition, construction, and operation of a stadium suitable for multipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Congress Center and to provide for the financing of such project.
Referred to Committee on Appropriations.
HB 1729. By Representatives Edwards of the 112th, Triplett of the 128th, Dixon of the 151st and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to make it unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the Department of Revenue and unless such activity is carried on at an established place of business.
Referred to Committee on Governmental Operations.
HR 811. By Representatives Connell of the 87th, Padgett of the 86th, Ransom of the 90th and others:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia or the Georgia Building Authority (Hos pital) in Richmond County, Georgia.
Referred to Committee on Public Utilities.
HR 877. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey all or portions of certain state owned real property located in Towns County, Georgia, to the United States of America, acting by and through its forest service, in exchange for the conveyance to the State of Georgia by the United States of America of all or portions of certain tracts of real property owned by the United States of America and located in Dawson County, Georgia.
Referred to Committee on Public Utilities.
HB 1795. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd and others:
A bill to abolish the office of coroner of Gwinnett County and establish in its place the office of medical examiner of Gwinnett County; to provide for the qual ifications, appointment, service, compensation, expenses, functions, powers, rights, and duties of that medical examiner and the office thereof.
Referred to Committee on Urban and County Affairs.
HB 1811. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to reincorporate the City of Forest Park in the County of Clayton; to cre ate a new charter for said city; to prescribe the corporate limits of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, bylaws, rules, and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties, and terms of office.
Referred to Committee on Urban and County Affairs.

THURSDAY, FEBRUARY 25, 1988

1305

HB 1818. By Representatives Crosby of the 150th and Dixon of the 151st: A bill to amend an Act providing for a new charter for the City of Folkston, so as to change certain provisions relating to the jurisdiction, powers, and authority of the Municipal Court of the City of Folkston.
Referred to Committee on Urban and County Affairs.
HB 1822. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide for the election and terms of office of a five-member board of commissioners. Referred to Committee on Urban and County Affairs.
HB 1823. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to provide for the Board of Education of Madison County. Referred to Committee on Urban and County Affairs.
HB 1824. By Representative Ricketson of the 82nd: A bill to amend an Act placing the tax commissioner of Wilkes County on an annual salary, so as to change the compensation of that tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 1826. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to change the compensation of the members and chairman of the authority. Referred to Committee on Urban and County Affairs.
HB 1827. By Representative Carrell of the 65th: A bill to provide a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.
HB 1828. By Representatives Shepard of the 71st, Mostiler of the 75th, Meadows of the 91st and Ware of the 77th: A bill to provide a homestead exemption from all Coweta County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $12,500.00 and who are totally disabled or 65 years of age or over.
Referred to Committee on Urban and County Affairs.
HB 1829. By Representative Carrell of the 65th: A bill to provide a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain disabled residents of that county who have annual incomes not exceeding $15,000.00.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1830. By Representative Carrell of the 65th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Walton County during designated regis tration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.
Referred to Committee on Urban and County Affairs.
HB 1832. By Representative Carter of the 146th: A bill to amend an Act changing certain provisions relative to the Magistrate Court of Berrien County, so as to provide for the salary of the chief magistrate.
Referred to Committee on Urban and County Affairs.
HB 1833. By Representative McDonald of the 12th: A bill to amend an Act creating the State Court of Jackson County, so as to provide that the judge of such court shall be a full-time judge and shall not en gage in the private practice of law; to provide that the solicitor of such court shall be a full-time solicitor and shall not engage in the private practice of law.
Referred to Committee on Urban and County Affairs.
HB 1834. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Irwinton.
Referred to Committee on Urban and County Affairs.
HB 1835. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Gordon.
Referred to Committee on Urban and County Affairs.
HB 1837. By Representative Smith of the 78th: A bill to amend an Act creating the Board of Commissioners of Butts County, so as to change the powers, duties, and authority of the board; to create the office of county manager.
Referred to Committee on Urban and County Affairs.
HB 1838. By Representatives Waddle of the 113th and Watson of the 114th: A bill to amend an Act incorporating the City of Centerville, so as to define the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
HB 1841. By Representatives Aiken of the 21st, Wilder of the 21st, Clark of the 20th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change certain costs and the provisions relating to costs in such court.
Referred to Committee on Urban and County Affairs.
HB 1842. By Representatives Redding of the 50th, Clark of the 55th, Williams of the 48th and others: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to change the provisions re lating to the authority of the Chief Executive to vote on matters before the Com mission when members of the Commission are equally divided; to provide that certain department heads shall be under the DeKalb County Merit System.
Referred to Committee on Urban and County Affairs.

THURSDAY, FEBRUARY 25, 1988

1307

HB 1844. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act providing for a new board of education of Newton County, so as to change the provisions relative to the compensation of the mem bers and the chairman of the board.
Referred to Committee on Urban and County Affairs.
HB 1847. By Representatives Lord of the 107th and Parrish of the 109th: A bill to amend an Act to make provisions for the Magistrate Court of Johnson County, so as to change the method of selection of the chief magistrate.
Referred to Committee on Urban and County Affairs.
HB 1850. By Representatives Coleman of the 118th and Branch of the 137th: A bill to reincorporate the City of Scotland, Georgia, and to grant a new charter to the said city; to repeal and replace the charter of Scotland.
Referred to Committee on Urban and County Affairs.
HB 1852. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th: A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 home stead exemption from ad valorem taxes of the City of Albany for individuals 65 years of age or older.
Referred to Committee on Urban and County Affairs.
HB 1853. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th: A bill to amend an Act creating the office of county administrator of Dougherty County, so as to change the dollar amount of contracts and purchases below which the administrator need not seek approval from the governing authority.
Referred to Committee on Urban and County Affairs.
HB 1855. By Representatives Godbee of the 110th and Lane of the lllth: A bill to amend an Act placing the coroner of Bulloch County on an annual sal ary, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.
HB 1856. By Representatives Godbee of the 110th and Lane of the lllth: A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court.
Referred to Committee on Urban and County Affairs.
HB 1857. By Representative Meadows of the 91st: A bill to amend an Act incorporating the City of Manchester, so as to provide for the election of the members of the board of commissioners of the City of Manchester from election districts.
Referred to Committee on Urban and County Affairs.
HB 1858. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others: A bill to amend an Act providing for the compensation and expenses of the coro ner of Clayton County, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1859. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court. Referred to Committee on Urban and County Affairs.
HB 1860. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
Referred to Committee on Urban and County Affairs.
HB 1861. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to provide that future school superintendents of the Clayton County School District shall be appointed by the board of education rather than elected.
Referred to Committee on Urban and County Affairs.
HB 1862. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit. Referred to Committee on Urban and County Affairs.
HB 1863. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the tax commissioner; to change the provi sions relative to the compensation of the deputy tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 1864. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the com pensation of the judge and solicitor of said court.
Referred to Committee on Urban and County Affairs.
HB 1865. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide a $20,000.00 homestead exemption from Henry County School District ad valorem taxes for educational purposes for residents of that school district who are 62 years of age but below 65 years of age; to provide a $25,000.00 homestead exemption from Henry County School District taxes for residents of that school district who are 65 years of age. Referred to Committee on Urban and County Affairs.

THURSDAY, FEBRUARY 25, 1988

1309

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 402. Do pass. HB 1694. Do pass. HB 1563. Do pass by substitute.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1395. Do pass.

HR 707. Do pass.

HB 1497. Do pass.

HR 746. Do pass.

HB 1626. Do pass.

HR 756. Do pass.

HR 621. Do pass.

HR 799. Do pass.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1342. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 606. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 430. Do pass by substitute.

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JOURNAL OF THE SENATE

HB 1350.

Do pass by substitute. Respectfully submitted, Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 394. HB 1282. HB 1308. HB 1570.

Do pass by substitute. Do pass. Do pass. Do pass by substitute.

HB 1768. HB 1769. HR 794.

Do pass. Do pass. Do pass.

Respectfully submitted, Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 674.
SB 675. SB 676. SB 677. SB 678. SB 679. SR 415. uHnB n14o8i1. HB 1718.

Do pass.
Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. TMDo pass uby suubsit.-ittut4.e. Do pass.

HB 1757. HB 1758. HB 1759 HB 176Q IHITB1 1,,7,,61. HB 1782.
HB 1788. HB 1792 -

Do pass. Do pass. Do pass Do pags ^Do pass.
Do pass.
Do pFass. Do pass.

HB 1744. Do pass. HB 1749. Do pass.

HB 1796. Do pass. HB 1803. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolution of the Senate and House were read the second time:

SR 360. By Senator Starr of the 44th: A resolution creating the Joint Study Committee on Aging.

HB 1189. By Representative Barnett of the 10th:
A bill to amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to provide that nominees for appointment to a board shall certify their willingness to serve if appointed.

THURSDAY, FEBRUARY 25, 1988

1311

HB 1318. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th and others:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to provide that in the case of a death resulting from an apparent accident, homicide, suicide, or from an undetermined cause, the investigating coroner or medical examiner may re quire that a chemical blood test or other analysis deemed necessary be performed on the person to determine the presence of alcohol or drugs.
HB 1499. By Representative McKinney of the 35th:
A bill to amend Code Section 8-3-13 of the Official Code of Georgia Annotated, relating to cooperation and joint operation of housing authorities, so as to au thorize certain cooperation and joint operation between housing authorities and urban residential finance authorities.
HB 1501. By Representative McKinney of the 35th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large municipalities, so as to change certain definitions.
HB 1502. By Representative McKinney of the 35th: A bill to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to the powers of downtown development authorities generally, so as to authorize the making and execution of certain additional contracts, agreements, and other instruments.
HB 1550. By Representatives Lawson of the 9th, Jackson of the 9th and Wood of the 9th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multiyear lease, purchase, or lease purchase contracts.
HB 1594. By Representatives Aiken of the 21st, Clark of the 20th and Atkins of the 21st: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to authorize counties to preserve, maintain, and protect abandoned cemeteries.
HB 1619. By Representatives Orrock of the 30th and Childers of the 15th: A bill to amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, so as to change certain license requirements.
HB 1724. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood

Baldwin Barker

Barnes Bowen

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JOURNAL OF THE SENATE

Brannon Broun Bryant Burton Coleman Crumbley
^Wj ns j-j Echols Edge English Engram Fincher Foster Garner

Gillis Harris Harrison Hine Howard Hudgins
Huggins Johnson Kennedy
Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not answering were Senators:

Coverdell Peevy

Tate (excused)

Timnions

Senator Walker of the 43rd introduced the chaplain of the day, Reverend Leon Hollingshed, pastor of Flat Rock United Methodist Church, Lithonia, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 425. By Senator Langford of the 35th: A resolution commending Munson Steed.

SR 426. By Senator Langford of the 35th: A resolution commending James Burroughs.

SR 427. By Senator Langford of the 35th: A resolution commending Michael Cruz.

SR 428. By Senator Foster of the 50th: A resolution commending Honorable Ed Head.

SR 429. By Senator McGill of the 24th: A resolution commending The Lewis Family.

SR 431. By Senator Dawkins of the 45th: A resolution recognizing the Walnut Grove-Youth Water Authority.

SR 432. By Senator Hudgins of the 15th:
A resolution relative to industry sponsored child advocacy; commending Ross Laboratories; urging other industries to develop child advocacy programs; urging the Business Council of Georgia to examine methods of assisting corporations in developing programs to address the problems of children and youth.

THURSDAY, FEBRUARY 25, 1988

1313

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 25, 1988
THIRTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 674 Foster, 50th Lumpkin County
Provides a $15,000.00 homestead exemption from county school district ad valorem taxes for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over; pro vides for definitions; specifies the terms and conditions of the exemption and the procedures relating thereto.
SB 675 Kidd, 25th City of Madison Morgan County
Changes corporate limits of city; provides an effective date.
SB 676 Brannon, 51st Gordon County
Provides for a board of registrations and elections for county; provides for powers and duties of the board; provides for appointment, resignation, and removal of its members; provides for clerical assistants and other employees of the board; provides for compensation for members.
SB 677 Brannon, 51st Fannin County
Provides for nonpartisan nomination and election of the judge of the Probate Court of county; provides for requirements and procedures of the nonparti san nominations and election; provides for other matters.
SB 678 Brannon, 51st Gilmer County
Creates a board of commissioners of county; provides for the qualifications and election of members; provides for a chairman; provides for powers and duties and compensation of members; provides additional powers for chair man; provides for ordinances, rules, and regulations.
SB 679 Brannon, 51st Gilmer County
Provides the method of election of the members of the board of education of county; provides for the election of members of the board in nonpartisan elections; provides procedures relative to the nomination and qualification of candidates of said board.
*HB 1481 Bryant, 3rd Coleman, 1st

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JOURNAL OF THE SENATE

Scott, 2nd Chatham County Provides for compensation of certain officials in county; changes compensa tion. (SUBSTITUTE)
HB 1718 English, 21st Emanuel County Provides for an additional member of the board of elections and provides for the designation of the chairman of that board.
HB 1744 Harris, 27th Crawford County Provides that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Crawford County school district who is 62 years of age or over and who does not have an income from all sources ex ceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.
HB 1749 Kennedy, 4th City of Springfield Effingham County Changes corporate limits of said city.
HB 1757 English, 21st Burke County
Changes compensation of judge and solicitor of State Court.
HB 1758 Kennedy, 4th Bulloch County Changes compensation of clerk of judge of the probate court; provides for part-time employees.
HB 1759 Kennedy, 4th Bulloch County
Changes compensation of the employees of the clerk.
HB 1760 Kennedy, 4th Bulloch County Changes compensation of the deputies and office of clerk of sheriff.
HB 1761 Kennedy, 4th Bulloch County Changes compensation of the assistants of the tax commissioner; provides for part-time clerical employees.
HB 1782 Newbill, 56th City of Alpharetta Fulton County Consolidates, creates, revises, and supersedes the several Acts incorporating the city in the county; changes certain provisions relating to qualifications for the office of judge of the municipal court.

THURSDAY, FEBRUARY 25, 1988

1315

HB 1788 Harris, 27th City of Barnesville Lamar County
Changes provisions relative to voting and quorum requirements of the city council; changes provisions relative to the election of mayor.

HB 1792 McGill, 24th Albert, 23rd Columbia County
Provides for a homestead exemption from all Columbia County ad valorem taxes, including taxes to retire bonded indebtedness and includes taxes levied for educational purposes, of $8,000.00 for residents of said county who are 65 years of age or over.

HB 1796 Kennedy, 4th Bulloch County
Changes compensation of the chairman and other members of the board of commissioners.

HB 1803 Harris, 27th City of Thomaston Upson County
Creates and establishes an airport authority in and for county and city.

The substitute to the following bill was put upon its adoption:

*HB 1481:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1481:

A BILL

To be entitled an Act to amend an Act providing for the compensation of certain offi cials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, so as to change the compensation of certain officials; to provide for the eflFective date of such changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, is amended by strik ing Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. (a) Except as provided in subsection (b) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the gov erning authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows:

Tax commissioner

....

$39,500.00 per annum

Sheriff

................ $46,484.00 per annum

Clerk of the superior court .......... $32,800.00 per annum

Clerk of the state court

....... $30,000.00 per annum

Clerk of the probate court ..... $26,000.00 per annum

Judge of the recorder's court ........ $57,000.00 per annum

Judge of the probate court .............. $44,000.00 per annum

Judge of the juvenile court ........... $44,100.00 per annum

Judge of the state court .......................... $60,000.00 per annum

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JOURNAL OF THE SENATE

Chief magistrate of the magistrate court

$38,000.00 per annum

Coroner ........................................................ $8,200.00 per annum

(b)(l) Except as provided in paragraph (2) of this subsection, effective on the first day of the next term of office which begins after July 1, 1988, each officer and official of Chat ham County listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows:

Tax commissioner ................. ......................... $47,000.00 per annum

Sheriff ........................................................ $49,000.00 per annum

Clerk of the superior court

$37,000.00 per annum

Clerk of the state court ........................................ $33,000.00 per annum

Clerk of the probate court

$28,500.00 per annum

Judge of the recorder's court

$59,500.00 per annum

Judge of the probate court

$48,000.00 per annum

Judge of the juvenile court

$48,000.00 per annum

Judge of the state court

$63,000.00 per annum

Chief magistrate of the magistrate court

$43,000.00 per annum

Coroner ........................................................ $8,200.00 per annum

(2) The governing authority of Chatham County may, at any time, raise the minimum salary of any officer or official listed in this section to the minimum salary set forth in para graph (1) of this subsection."

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes B owen
Brannon Bo rytant Crumbley j)eal Dean Echols Edge English

Engram Fincher Foster Gillis
Harrison Hudgins
Huggins J,oh, n6son Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Ragan of 10th
Ragan of 32nd Ray
Scott of 36th Souhumak, e Starr Stumbaugh Taylor Turner Tysinger Walker

THURSDAY, FEBRUARY 25, 1988

1317

Those not voting were Senators:

Broun Coolveemrdfenll, Dawkins Garner

Harris Hine Howard McKenzie

Phillips Scott of 2nd Tate (excused) Timmons

On the passage of all the local bills, the yeas were 43, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1481, having received the requisite constitutional majority, were passed.

HB 1481, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:
HB 1554. By Representatives Smyre of the 92nd, Dover of the llth, Kilgore of the 42nd, Benn of the 38th, Lawson of the 9th, Lane of the 27th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, so as to change the length of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
SENATE RULES CALENDAR Thursday, February 25, 1988
THIRTY-THIRD LEGISLATIVE DAY
SB 641 Mental Health, Substance Abuse Services--child drug screening (Substitute) (C&Y--56th)
SB 651 Certain Probationers--allowed weapon for hunting (S Judy--48th)
SB 665 Child Abuse--protection of employee reporting (Ed--35th)
SR 377 Local Boards of Education--urge uniform personnel procedures (Ed--50th)
SR 388 Youthful, Retarded Offenders Sentenced to Death--relative to (Substitute) (S Judy--35th)
SR 404 Personnel Board and Teachers Health Insurance Plan--relative to (Ed--49th)
SR 407 University System Laboratory, Equipment, Eminent Scholars Endowment Study Committee--create (H Ed--46th)
HB 1472 Special Purpose County Sales Tax--relating to repeal of Article 3 (B&F--15th)
HB 1251 Administrators, Executors--commissions on debts, legacies (Judy--47th)
HR 664 Vietnam Memorial--Georgia Building Authority select site at Floyd Building (D&VA--7th)
HB 1490 Surplus Line Brokers--license expiration date (Substitute) (Ins--12th)
HB 862 Solid Waste Disposal Sites--permit issuance restrictions (Substitute) (Nat R--33rd)

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HB 1571 Resident Domestic Corporations--certain business combinations prohibited (Substitute) (Judy--52nd)
HB 1302 Professional Corporation Shareholder--must be active practitioner (Substitute) (S Judy--28th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 157 Peace Officer Annuity and Benefit Fund--redefine "Peace Officer" (Ret--54th)
HB 1707 Coroners' Training Course--travel reimbursement (Pub S--27th)
HR 552 Seed-Capital Fund--disbursement to small entrepreneurial firms (H Ed--46th)
HB 1414 Commission on Compensation--salary of members (Gov Op--8th)
HB 1545 Civil Practice--fees of auditor considered court costs (Substitute) (Judy--47th)
HB 1700 Automobile Racing Event--public safety (Pub S--51st) HB 1400 Domestic Violence Order--violations for penalty (C&Y--56th)
HB 1416 Bank Contract Over $250,000--simple interest terms (B&F--8th)
HB 1631 Nonprofit Corporations--penalties, failure to file annual report (Substitute) (Judy--33rd)
HB 1577 Judicial Proceedings--provisions on influencing witnesses (Judy--49th)
HB 1200 Municipal Tax--collection (Substitute) (U&CA G--8th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee
Senator Stumbaugh of the 55th moved that the following resolution of the Senate be withdrawn from the Senate Committee on Economic Development and Tourism and com mitted to the Senate Committee on Appropriations:
SR 384. By Senators Stumbaugh of the 55th, Starr of the 44th, Gillis of the 20th and Brannon of the 51st:
A resolution to form the Senate Government Competition with Private Enter prise Study committee to identify and study governmental activities that may be in competition with the private sector and to study the desirability of contracting out government services to the private sector.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 384 was with drawn from the Senate Committee on Economic Development and Tourism and committed to the Senate Committee on Appropriations.
Senator Deal of the 49th moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Special Judiciary:
HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd and others:
A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsi bility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capac ity to appreciate the wrongfulness of the conduct.

THURSDAY, FEBRUARY 25, 1988

1319

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 878 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Special Judiciary.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 641. By Senators Newbill of the 56th, Barnes of the 33rd, Harrison of the 37th and Ragan of the 32nd:
A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and sub stance abuse services, so as to provide for legislative findings; to provide for a child and adolescent drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction.
The Senate Committee on Children and Youth offered the following substitute to SB 641:
A BILL
To be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and sub stance abuse services, so as to provide for legislative findings; to provide for a minor child drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction; to provide for immunity from liability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, is amended by adding after Code Section 37-2-11 a new Code section to read as follows:
"37-2-11.1. (a) The General Assembly finds that the Adolescent Urine Drug Screen Pro gram, begun by the Cobb County Medical Society and now being duplicated in DeKalb, Muscogee, Clayton, and Fulton counties with the cooperation of their respective medical societies and the Medical Association of Georgia, offers parents an opportunity to determine discretely if their children are experimenting with or using illegal drugs. If such experimen tation or use is discovered, parents can then seek appropriate counseling and other measures for their minor children. The implementation of a state-wide drug screening program will offer parents across this state a new opportunity to assist their children in staying drug free.
(b) The department may develop and establish a minor child drug screening program in each county of the state which shall be operated by each county board of health and which shall constitute disability services within the meaning of this chapter. The program shall include standards and procedures whereby a parent or guardian of a child will be able to supply a urine specimen, for the purposes of laboratory screening of that specimen for the presence of drugs, of any such child whom that parent or guardian suspects of using or experimenting with drugs. The program shall also include safeguards to ensure the confiden tiality of the screening results so that only the requesting parent or guardian may obtain those results from the board of health and so that the child whose specimen is tested will not be identified by name. The program shall provide which clinical laboratories, including but not limited to any such laboratory operated by the department or a county board of health, may conduct such screening tests. The program shall also provide for appropriate referrals of such parents and guardians to public or private organizations for counseling concerning drug abuse. This may include making available a list of local or nearby referral resources. This list should include acute detoxification or psychiatric resources, outpatient resources, longer term inpatient and away from home resources, and self-help and other resources. The department shall also establish a fee schedule, based on income, for the tests

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provided pursuant to this Code section, which schedule shall be designed to ensure that the total fees generated by the program reasonably approximate the direct and indirect ex penses of such program so that additional public funds will not be required to finance the program, but no person shall be denied services under this Code section because of that person's inability to pay for those services. A county board of health may elect to provide services under this Code section at no charge or at a reduced charge as long as no state funds are required therefor. Nothing in this Code section shall be construed to conflict with any federal law or regulation applicable thereto.
(c) Physicians and other health care providers in the screening program established pursuant to this Code section who provide the services under the program to nonpatient children whose identities are known only to their parents or guardians have no liability for any such services which do not involve treatment of identified children or their parents or guardians.
(d) All local medical societies, hospitals, clinics, and laboratories in the state are en couraged to establish minor child urine drug screening programs based on the Cobb County Medical Society Model, so as to make this therapeutic tool more available to concerned parents."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols
Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hudgins Huggins Johnson Kennedy Kidd Land Langford

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Bowen Coverdell Hine Howard

McGill McKenzie Scott of 36th

Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

THURSDAY, FEBRUARY 25, 1988

1321

SB 651. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to possession of firearms by convicted felons and first offender probationers, so as to provide that the provisions of such Code section shall not apply to or prohibit any person who is on probation as a first offender for an offense against property or who has completed such probation from receiving, possessing, transporting, or otherwise using a rifle or shotgun solely for the pur pose of hunting.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Broun Bryant Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harris Harrison Hudgins Huggins Johnson Kennedy Kidd Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Burton

Garner

Land

Those not voting were Senators:

Brannon Coverdell Hine

Howard McGill Scott of 2nd

Scott of 36th Tate (excused)

On the passage of the bill, the yeas were 45, nays 3.

The bill, having received the requisite constitutional majority, was passed.

SB 665. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to the reporting of child abuse, so as to protect employees making re ports of child abuse from retaliation or discrimination by their employer; to pro vide civil penalties for employers retaliating or discriminating against employees for reporting child abuse; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes *IOW
BCourylreftomnntan Crumbley j)ea[ Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris
T^ HT arrismosn Johnson Kennedy Kidd Langford Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray
^0Sh,cuomtt aok,fe2nd Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coverdell Dawkins Hine

Howard Hudgins Land McGill

McKenzie Scott of 36th Tate (excused) Timmons

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 377. By Senators Foster of the 50th and Barnes of the 33rd:
A resolution urging the State Board of Education to encourage uniform person nel procedures among the local boards of education.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Crumbley Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hudgins Huggins

Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd

THURSDAY, FEBRUARY 25, 1988

1323

Shumake Stumbaugh

Taylor Turner

Tysinger Walker

Those not voting were Senators:

Bowen Coverdell Hine Howard

Land McGill Ragan of 10th Scott of 36th

Starr Tate (excused) Timmons

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 388. By Senators Langford of the 35th, Garner of the 30th and Engram of the 34th: A resolution relative to youthful or retarded offenders sentenced to death.

The Senate Committee on Special Judiciary offered the following substitute to SR 388:

A RESOLUTION
Relative to retarded offenders sentenced to death; and for other purposes.
WHEREAS, the Center for Public and Urban Research at Georgia State University conducted a survey and found that two-thirds of the Georgians sampled are in favor of life imprisonment instead of the death penalty as the maximum penalty for retarded offenders; and
WHEREAS, executing a retarded offender destroys public confidence in the criminal justice system.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that, with respect to retarded persons sentenced to death, this body urges the State Board of Pardons and Pa roles to give special consideration to commuting the sentences of such offenders to life imprisonment.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to Honorable Wayne Snow, Chair man of the State Board of Pardons and Paroles.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Coleman Crumbley Dawkins

Deal Dean Edge English Engram Fincher Foster Garner Gillis Harris

Harrison Hudgins Huggins Kennedy Kidd Langford McGill McKenzie Newbill Olmstead

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Peevy Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Taylor Tysinger Walker

Those voting in the negative were Senators:

Burton Echols

Land Perry

Phillips

Those not voting were Senators:

Bowen Broun Coverdell

Hine Howard Johnson

Tate (excused) Timmons Turner

On the adoption of the resolution, the yeas were 42, nays 5.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following resolution of the Senate was taken up for the purpose of considering the Third Conference Committee report which was rejected and reconsidered on February 24:

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

The Third Conference Committee report on SR 7 was as follows:

The Committee of Conference on SR 7 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 7 be adopted.
Respectfully submitted,

FOR THE SENATE:
Isl Culver Kidd Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Robert L. Patten Representative, 149th District
/s/ William J. Lee Representative, 72nd District
Is/ Bob Holmes Representative, 28th District

Conference Committee substitute to SR 7:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years; to change certain provisions relating to the organization of the General Assembly; to provide for matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

THURSDAY, FEBRUARY 25, 1988

1325

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section II of the Constitution is amended by striking Paragraph V, relating to the election and terms of office of members of the General Assembly, in its entirety and inserting in lieu thereof a new Paragraph V to read as follows:

"Paragraph V. Election and term of members, (a) The members of the General Assem bly shall be elected by the qualified electors of their respective districts for a term of four years and shall serve until the time fixed for the convening of the next General Assembly.

(b) The first members of the General Assembly to serve four-year terms shall be those elected in November, 1988, and subsequent elections shall be held on Tuesday after the first Monday in November and quadrennially thereafter until the day of election is changed by law."

Section 2. Article III, Section IV, Paragraph I of the Constitution, relating to meeting, time limit, and adjournment of the General Assembly, is amended by striking subparagraph (a) of Paragraph I in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:

"(a) The Senate and House of Representatives shall organize every four years beginning in 1989 and shall be a different General Assembly for each four-year period. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may ad journ any regular session to such later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. Bills pending at the final adjournment of the regular session in each odd-numbered year shall be carried forward to the regular session in the following even-numbered year. Bills pending at the final adjournment of the regular session in the even-numbered years shall not be carried forward."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to change the terms of office of members of the General Assembly from two years to four years beginning with the terms of office of the members of the General Assembly elected at the 1988 state-wide general election?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Kidd of the 25th moved that the Senate adopt the Third Conference Commit tee report on SR 7.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen

Brannon Broun Bryant Coleman Dawkins

Dean Echols English Engram Fincher

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Foster Garner Gillis Harris Hine Hudgins Huggins Johnson
Kennedy

Kidd Langford McGill McKenzie Newbill Olmstead Peevy Perry
Ragan of 10th

Ray Scott of 2nd Scott of 36th Shumake Starr Taylor Timmons Turner
Walker

Those voting in the negative were Senators:

Barker Burton Crumbley Deal

Edge Harrison Howard Land

Phillips Ragan of 32nd Stumbaugh Tysinger

Not voting were Senators Coverdell and Tate (excused).

On the motion, the yeas were 42, nays 12; the motion prevailed, and the Senate adopted the Third Conference Committee report on SR 7.

The following general resolutions and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 404. By Senators Deal of the 49th, Foster of the 50th, Harrison of the 37th and others:
A resolution relative to the State Personnel Board and the health insurance plan for public school teachers.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen Brannon
roun nBCrouylreftomnntan Crumbley Dawkins Deai Dean Echols Edge English

Engram Fincher Foster Garner
Gillis Harris Harrison
Howard HTHTuud^gmi. nss Johnson Kennedy Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SS,,,hcoutmt aok,fe36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

THURSDAY, FEBRUARY 25, 1988

1327

Those not voting were Senators:

Coverdell Hine

Kidd

Tate (excused)

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 407. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bwen
5fannon BTM^ Burton Coleman Crumbley Dawkins Deal Dean Echols

Edge English Fincher
Foster Gillis Harrison
Hudgins Muggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Coverdell Engram Garner Harris

Hine Howard Johnson

Peevy Tate (excused) Walker

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st and others:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.
Senate Sponsor: Senator Hudgins of the 15th.

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The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G.W. Hogan, State Auditor C.T. Stevens, Director, Office of Planning and Budget

DATE:

February 4, 1988

SUBJECT: Fiscal Note--House Bill 1472 (LC 14 4886) Special County One Percent Sales Tax: Repeal Sunset Provision

This Bill would allow provisions pertaining to the special county one percent sales and use tax to remain in effect upon any increase in the state sales and use tax beyond the current three percent level. Existing provisions call for the repeal of the special county tax upon any increase in the states sales tax rates. It should be noted that, upon repeal, any existing tax collections would continue until expired as provided under existing provisions. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.

The increase in revenues that could result from this Bill cannot be determined. Any continued revenue collections would depend upon if the state sales tax is increased above three percent, the utilization of the tax within the counties, and the remaining term (up to five years) of each county's tax at the time of any state sales tax increase. It should be noted that in 1987, 61 counties received approximately $186.5 million in special purpose one per cent sales tax collections. The corresponding state revenue (collected to defray the costs of administration) was approximately $1.9 million.

/s/ G.W. Hogan State Auditor

/s/ C.T. Stevens, Director Office of Planning and Budget

Senator Barnes of the 33rd offered the following substitute to HB 1472:

A BILL
To be entitled an Act to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to change certain provisions relating to differences between imposition of the tax for road, street, and bridge purposes and for other purposes; to change certain provisions relating to the repeal of Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, is amended by striking Code Sec tion 48-8-111, relating to the procedure for imposition of such tax, and inserting in its place a new Code Section 48-8-111 to read as follows:
"48-8-111. (a) Whenever a county governing authority votes to impose the tax author ized by this article, the governing authority shall notify the county election superintendent

THURSDAY, FEBRUARY 25, 1988

1329

by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of projects located within or without, or both within and without, any incorporated areas in the county and which may include any of the following purposes:
(A) Road, street, and bridge purposes;
(B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county and consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; a coliseum; sanitary landfills; or any combination of such projects;
(C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county;
(D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as author ized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included;
(E) A capital outlay project consisting of a cultural facility, a recreational facility, or an historic facility (or a facility for some combination of such purposes);
(F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agree ment, as authorized by Article IX, Section III of the Constitution; and when the tax is imposed pursuant to this subparagraph the proceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the popula tion of the municipality or municipalities, according to the 1980 decennial census or any future such census, over the population of the county, according to the 1980 decennial cen sus or any future such census, with such allocation to be specified in the contract or agree ment relating to the capital outlay facility or facilities;
(G) The retirement of previously incurred general obligation debt of the county if such previously incurred general obligation debt was incurred for a project or projects of a type for which new general obligation debt may be incurred under this article; or
(H) Any combination of two or more of the foregoing;
(2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, for which the tax may be imposed;
(3) The maximum cost of the project or projects which will be funded from the pro ceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and
(4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt.
(b) Upon receipt of the resolution or ordinance, the election superintendent shall issue

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the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the impo sition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election super intendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required.

(c)(l) If no debt is to be issued, the ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall a special 1 percent sales and use tax be imposed in _______________ County for a period of time not to exceed _______________ and for the raising of not more than $_______________ for the purpose of _______________?'

(2) If debt is to be issued, the ballot shall also have written or printed thereon, follow ing the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute ap proval of the issuance of general obligation debt of ------------------------------ County in the principal amount of $_______________ for the above purpose.'
(d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superin tendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioners. The expense of the election shall be paid from county funds.
(e)(l) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters.
(2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and valida tion shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a prom issory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds re ceived by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county;

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and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county."
Section 2. Said article is further amended by striking subsection (b) of Code Section 488-112, relating to termination of the tax, and inserting in its place a new subsection (b) to read as follows:
"(b) The tax shall cease to be imposed on the earliest of the following dates:
(1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt;
(2) On the final day of the maximum period of time specified for the imposition of the tax; or
(3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax."
Section 3. Said article is further amended by striking Code Section 48-8-121, relating to the use of proceeds and issuance of general obligation debt, and inserting in its place a new Code Section 48-8-121 to read as follows:
"48-8-121. (a) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate ac count from other funds of the county and shall not in any manner be commingled with other funds of the county prior to expenditure.
(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, con struction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county.
(c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
(d) The resolution or ordinance calling for imposition of the tax authorized by this article may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section.
(e) The resolution or ordinance calling for the imposition of the tax authorized by this article may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the other purposes for which such proceeds will be used; and such other purposes shall be a part of the capital outlay project or projects

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for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service require ments of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed.
(f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used.
(g) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to this subsection. Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebted ness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
Section 4. Said article is further amended by striking Code Section 48-8-122, relating to repeal of the article upon an increase of the current state sales and use tax rate, which reads as follows:
"48-8-122. This article shall be repealed upon the date on which an Act or constitu tional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article.",
and inserting in its place a new Code Section 48-8-122 to read as follows:
"48-8-122. This article shall be repealed on July 1 of the calendar year following the calendar year during which an Act increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent is approved by the Governor or becomes law without such approval. Likewise, this article shall be repealed on July 1 of the calendar year following the calendar year during which any proposed amendment to the Constitution increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent is adopted by the General Assembly for submission to the voters. On and after the effective date of any such automatic repeal, no county shall adopt any resolution or ordinance calling for the imposi tion of the tax authorized by this article. With respect to taxes imposed under this article prior to such date of repeal, and with respect to proceedings for the imposition of taxes under this article which proceedings are commenced prior to such date of repeal, the provi sions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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1333

Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended and placed on the Senate General Calendar.

HB 1251. By Representatives Porter of the 119th, Thomas of the 69th, Lawson of the 9th and Chambless of the 133rd:
A bill to amend Article 6 of Title 53 of the Official Code of Georgia Annotated, relating to commissions and allowances of administrators and executors, so as to change the provisions relating to commissions on debts, legacies, or distributive shares paid to the administrators or executors.
Senate Sponsor: Senator Johnson of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Johnson Kennedy Land Langford McGill

McKenzie Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Huggins

Newbill

Stumbaugh

Those not voting were Senators:

Baldwin Coverdell Hine

Kidd Shumake

Starr Tate (excused)

On the passage of the bill, the yeas were 46, nays 3.

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The bill, having received the requisite constitutional majority, was passed.

HR 664. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, McKelvey of the 15th, Wilder of the 21st and others:
A resolution authorizing the Georgia Building Authority to select a site on the grounds of the James H. "Sloppy" Floyd Veterans Memorial Building to erect the Vietnam Memorial.
Senate Sponsor: Senator Perry of the 7th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell Harrison

Hine Shumake

Tate (excused)

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Olmstead of the 26th introduced the doctor of the day, Dr. David Kent, of Macon, Georgia.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provi sions relating to sale of fish by commercial fish hatcheries; to change the provi sions relating to the licensing of wholesale and retail fish dealers.

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1335

The Conference Committee report on HB 7 was as follows:
The Committee of Conference on HB 7 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 7 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Ed Perry Senator, District 7
/s/ Ed Barker Senator, District 18
Hugh Gillis Senator, District 20

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Newt Hudson Representative, District 117
/s/ Robert Ray Representative, District 98
/s/ Henry Bostick Representative, District 138

Conference Committee substitute to HB 7:
A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to catch-out ponds and licenses; to change the provi sions relating to food fish dealers; to change the provisions relating to sale of fish by com mercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers; to provide for definitions; to exempt certain fish and the production, hatching, raising, harvesting, and sale of certain fish and activities and persons, partner ships, firms, corporations, associations, and legal entities connected therewith from the game and fish laws of this state; to provide for exceptions; to declare that certain activities con nected with certain fish are declared to be an agricultural pursuit; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraph (36) of Code Section 27-1-2, relating to definitions of terms used in the game and fish laws, and inserting in lieu thereof a new paragraph (36) to read as follows:
"(36) 'Game fish' means the following fish: (A) Bass: (i) Largemouth bass; (ii) Smallmouth bass; (iii) White bass; (iv) Striped bass; (v) Spotted bass; (vi) Redeye (Coosa) bass; (vii) Striped-white bass hybrid; (viii) Shoal bass (Flint River smallmouth); and (ix) Suwannee bass. (B) Trout: (i) Rainbow trout; (ii) Brown trout; and (iii) Brook trout. (C) Crappie: (i) White crappie; and

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(ii) Black crappie
(D) Shad:
(i) American shad; and
(ii) Hickory shad.
(E) Sunfish or bream:
(i) Flier;
(ii) Spotted sunfish (stumpknockers), rock bass (goggleye);
(iii) Redbreast sunfish;
(iv) Redear sunfish;
(v) Bluegill (bream); and
(vi) Warmouth.
(F) Perch:
(i) Walleye; and
(ii) Sauger.
(G) Pickerel:
(i) Muskellunge;
(ii) Chain pickerel;
(iii) Grass pickerel; and
(iv) Redfin pickerel.
(H) Catfish, except as provided in Code Section 27-4-78:
(i) Channel catfish; and
(ii) Flathead catfish."
Section 2. Said title is further amended by striking Code Section 27-4-31, relating to catch-out pond licenses, and inserting in lieu thereof a new Code Section 27-4-31 to read as follows:
"27-4-31. (a) The owner or operator of a catch-out pond operated as one contiguous unit and under single ownership, including ownership by a partnership, firm, association, or corporation, may purchase a catch-out pond license as provided in Code Section 27-2-23. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond without obtaining a fishing license or trout stamp and without complying with the creel limits, possession limits, size limits, and seasons set forth in this title. It shall be unlawful for the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in the pond as if the pond were a licensed catch-out pond.
(b) No catch-out pond license shall be required for any privately owned farm pond which is used for the commercial production of farm fish as provided in Code Section 27-478 and which complies with the requirements of such Code section."
Section 3. Said title is further amended by striking subsection (c) of Code Section 27-474.1, relating to food fish dealers, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A licensed commercial fish hatchery shall not be required to obtain the license required by this Code section to sell fish as authorized by Code Section 27-4-75. However, any person purchasing fish from a commercial fish hatchery under the authority of Code Section 27-4-75 who sells such fish for consumption as food within this state shall be re quired to obtain a license under this Code section. Any person shipping fish into this state under the authority of subsection (b) of Code Section 27-4-74 who sells such for consump tion as food within this state shall be required to obtain a license under this Code section. Persons selling fish from fish ponds under the authority of subsection (c) of Code Section 27-4-74 and persons selling fish as authorized by Code Section 27-4-78 shall not be required to obtain a license under this Code section."
Section 4. Said title is further amended by striking Code Section 27-4-75, relating to

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1337

sale of fish by commercial fish hatcheries, and inserting in lieu thereof a new Code Section 27-4-75 to read as follows:
"27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as provided in Code Section 27-4-78.
(b) Except as provided in Code Section 27-4-74 or 27-4-78, it shall be unlawful for any one other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell for consumption or resale any species of game fish other than American shad, hickory shad, flathead catfish, or channel catfish. It shall also be unlawful for any person to have in his possession any such game fish obtained from a commercial fish hatchery unless the fish are accompanied by a bona fide bill of sale or lading detailing the number and pounds of each species of fish contained therein.
(c) It shall also be unlawful to sell fish from a commercial fish hatchery which the de partment has determined to have diseases or parasites which would be harmful to native fish populations."
Section 5. Said title is further amended by striking subsection (a) of Code Section 27-476, relating to licensing of wholesale and retail fish dealers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in Code Section 27-4-78, it shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Not withstanding any other provision to the contrary, neither a licensed commercial fish hatch ery nor persons engaged in the sale of channel catfish shall be required to obtain a license as a wholesale fish dealer or a retail fish dealer."
Section 6. Said title is further amended by adding, following Code Section 27-4-77, a new Code Section 27-4-78 to read as follows:
"27-4-78. (a) As used in this Code section, the term:
(1) 'Farm fish' means catfish, including channel catfish and flathead catfish.
(2) 'Farm pond' means a privately owned pond, privately owned raceway, privately owned fish hatchery, or other privately owned impoundment of water which:
(A) Contains farm fish and no other fish of any kind;
(B) Is located entirely upon or within the property of a single owner;
(C) Contains only farm fish:
(i) Which have been purchased from a source other than the Department of Natural Resources or any fish hatchery owned or operated by the federal or state governments;
(ii) Which hatched in a fish hatchery or another farm pond owned by the owner of the farm pond; or
(iii) Which hatched in the farm pond; and
(D) Is not located on a flowing stream.
(b) Notwithstanding any other provision of this title to the contrary, farm fish which are produced, hatched, or raised in a farm pond are declared to be a domestic farm product, shall not be included within the definition of 'game fish' as used in this title, and are exempt from all provisions of this title.
(c) Any person, partnership, firm, corporation, association, or other legal entity engaged in commercially producing, hatching, or raising farm fish in a farm pond and harvesting and selling such farm fish is declared to be engaged in an agricultural pursuit and shall be ex empt from all provisions of this title, including all requirements for obtaining any licenses, regulations relative to harvesting of fish, and record-keeping requirements, but only to the extent such activities relate solely to farm fish. Any activity or action of any such person, partnership, firm, corporation, association, or other legal entity which relates to any fish other than a farm fish produced, hatched, or raised in a farm pond shall not be exempt from the provisions of this title. The exemptions provided in this Code section shall apply to any farm pond in which the owner allows any person to fish solely for farm fish as a recreational pursuit as provided in Code Section 27-4-31. Persons, both residents and nonresidents, may

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fish for farm fish in a farm pond without obtaining a fishing license and without complying with the creel limits, possession limits, size limits, and seasons set forth in this title.
(d) The Department of Natural Resources is authorized to inspect and regulate any operation that is in the business of growing and selling farm fish, as defined in subsection (a) of this Code section, for food processing or restocking other waters.
(e) If a pond or other body of water fails to meet any requirement for inclusion within the definition of a farm pond as set forth in subsection (a) of this Code section, then all fish within such pond, including all catfish, shall be subject to the provisions of this title and shall not be classified as farm fish."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Perry of the 7th moved that the Senate adopt the Conference Committee re port on HB 7.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker BDewalen Fincher Huggins

Johnson Land McGill Perry

Ray Scott of 36th Shumake Stumbaugh

Those voting in the negative were Senators:

Albert Allgood Baldwin Barnes
DBurt. on Coleman Crumbley Dawkins Dean Echols Edge

English Engram Foster
Garner Gillis Harris Harrison Hlne Howard Hudgins Kennedy Kidd McKenzie

Newbill Olmstead Peevy
Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Starr Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell

Langford

Tate (excused)

On the motion, the yeas were 13, nays 40; the motion was lost, and the Senate rejected the Conference Committee report on HB 7.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1780. By Representatives Lupton of the 25th, Townsend of the 24th, Martin of the 26th, Colbert of the 23rd, Lane of the 27th and others:
A bill to amend an Act creating a county-wide library system in Fulton County, so as to reconstitute the membership of the library board of trustees.

THURSDAY, FEBRUARY 25, 1988

1339

HB 1787. By Representative Sinkfield of the 37th:
A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to change certain requirements for urban enterprise zones for resi dential purposes.
HB 1819. By Representative Ray of the 98th:
A bill to provide conditions under which the board of education of Crawford County will be authorized to hold regular and other meetings at locations within the county instead of at the county seat.
HB 1820. By Representative Ray of the 98th:
A bill to grant to the Probate Court of Crawford County jurisdiction over viola tions of ordinances of Crawford County; to provide for a prosecuting attorney and for practices and procedures.
HB 1821. By Representative Smith of the 16th:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide for an additional member of the board of education.
HB 1836. By Representative Peters of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, so as to change the method of selection of the members of the board.
HB 1845. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to continue the City of Pelham public school system and the board of education therefor.
HB 1849. By Representatives Orrock of the 30th, McKinney of the 35th and Martin of the 26th:
A bill to create the Atlanta Market for Georgia Farm Products Authority; to provide for a short title.
HB 1866. By Representative Heard of the 43rd:
A bill to amend an Act providing a city charter for the City of Fayetteville in the County of Fayette, so as to change the corporate limits of the city.
HB 1867. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act establishing the Tift County Airport Authority, so as to change the name of such authority.
HB 1873. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to meetings of the board.
HB 1874. By Representatives Clark of the 20th, Aiken of the 21st, Atkins of the 21st, Wil der of the 21st, Gresham of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

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HB 1001. By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation".

HB 1846. By Representatives Pannell of the 122nd and Childers of the 15th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, so as to authorize the Compos ite State Board of Medical Examiners to require applicants for licensure to at tend a seminar as a condition to the issuance of a license.

HB 1743. By Representative Twiggs of the 4th:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles, so as to provide that all officially marked law enforcement vehicles shall not be required to have a permit for the use of a blue light.

HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

HB 1561. By Representatives Clark of the 20th, Williams of the 48th, Pannell of the 122nd and others:
A bill to amend Code Section 16-8-19 of the Official Code of Georgia Annotated, relating to conversion of leased personal property, so as to change certain penalty limits.

The following bills of the House were taken up for the purpose of considering the House action thereon:

HB 1234. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discre tion, to deregulate or not provide a tariff on certain services of telecommunica tions companies.

Senator Scott of the 2nd moved that the Senate insist upon the Senate substitute to HB 1234.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1234.

HB 1420. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require cer tain local governments to file an annual report of local government finances with the Department of Community Affairs.

Senator Turner of the 8th moved that the Senate recede from the Senate amendment to HB 1420.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barnes

Bowen Brannon

THURSDAY, FEBRUARY 25, 1988

1341

Broun Bryant Burton Crumbley
EEdchgoel,s Engram Fincher Foster Garner Gillis

Harris Hine Howard Hudgins
KKeidndnedy McGill Newbill Olmstead Peevy Perry

Phillips Ragan of 10th Ragan Of 32nd ftav
Scott of 2nd SS_ hcoutmt aok,fe36th Stumbaugh
Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman Coverdell Dawkins

English Harrison Land Langford

McKenzie Starr Tate (excused) Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1420.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1490. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide an expiration date for licenses of surplus line brokers; to provide annual fees of agents, solicitors, brokers, counsel ors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annuity contracts or variable life insur ance contracts.

Senate Sponsor: Senator Taylor of the 12th.

The Senate Committee on Insurance offered the following substitute to HB 1490:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide an expiration date for licenses of surplus line brokers; to provide for annual fees of agents, solicitors, brokers, counselors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annuity contracts or variable life insurance contracts; to provide that persons may not reapply for certain licenses until two years following a revocation; to pro vide for the biennial renewal of certain licenses; to provide for implementation of the issu ance of biennial renewal licenses; to delete United States citizenry as a requirement for certain licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking in its entirety paragraph (3) of Code Section 33-522, relating to the licensing of surplus line brokers generally, and inserting in its place a new paragraph (3) to read as follows:
"(3) Each license shall be issued for a term expiring on December 31 next following the date of issuance and may be renewed annually by filing an application and paying the pre scribed fee in accordance with this Code section;".
Section 2. Said title is further amended by striking in their entirety paragraphs (3) and

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(4) of Code Section 33-8-1, relating to fees and charges of the office of the Commissioner of Insurance generally, and inserting in their place new paragraphs (3) and (4) to read as follows:

"(3) Annual license fees for the following: property, casualty, surety, life, and accident and sickness agents for any one class or combination of all classes

20.00

(4) Annual license fees for the following: solicitors, brokers, counselors, and adjusters

20.00"

Section 3. Said title is further amended by adding at the end of Code Section 33-8-1, relating to fees and charges of the office of the Commissioner of Insurance generally, three new paragraphs, to be designated paragraphs (12), (13), and (14), to read as follows:

"(12) Agent status or clearance letter, each ...........................

3.00

(13) Annual license fees for sales of variable annuity contracts

20.00

(14) Annual license fees for sales of variable life insurance contracts

20.00"

Section 4. Said title is further amended by striking in its entirety Code Section 33-1524, relating to licenses for agents of fraternal benefit societies, and inserting in its place a new Code Section 33-15-24 to read as follows:

"33-15-24. (a) As used in this Code section, the term 'insurance agent' means any au thorized or acknowledged agent of a society who acts as such in the solicitation, negotiation, procurement, or making of a life insurance, accident and sickness insurance, or annuity con tract, except that the term shall not include:

(1) Any regular salaried officer or employee of a licensed society who devotes substan tially all of his services to activities other than the solicitation of fraternal insurance con tracts from the public and who receives for the solicitation of the contracts no commission or other compensation directly dependent upon the amount of business obtained; or

(2) Any agent or representative of a society who devotes, or intends to devote, less than 50 percent of his time to the solicitation and procurement of insurance contracts for such society. Any person who in the preceding calendar year has solicited and procured life insur ance contracts on behalf of any society in an amount of insurance in excess of $50,000.00 or, in the case of any other kind or kinds of insurance which the society might write, on the persons of more than 25 individuals and who has received or will receive a commission or other compensation for the solicitation and procurement shall be presumed to be devoting, or intending to devote, 50 percent of his time to the solicitation or procurement of insurance contracts for the society.

(b) Agents of societies shall be licensed in accordance with this Code section.

(c) Any person who in this state acts as insurance agent for a society without having authority so to do by virtue of a license issued and in force pursuant to this Code section shall, except as provided in paragraphs (1) and (2) of subsection (a) of this Code section, be guilty of a misdemeanor.

(d) No society doing business in this state shall pay any commission or other compensa tion to any person for any services in obtaining in this state any new contract of life insur ance, accident or sickness insurance, or any new annuity contract, except to a licensed insur ance agent of such society or to an agent exempted under paragraph (2) of subsection (a) of this Code section.

(e) The Commissioner may issue a license to any person who has paid an annual license fee of $20.00 and who has complied with the requirements of this Code section authorizing the licensee to act as an insurance agent on behalf of any society named in the license which is authorized to do business in this state.

THURSDAY, FEBRUARY 25, 1988

1343

(f) Before any insurance agent's license shall be issued, there shall be on file in the office of the Commissioner the following documents:
(1) A written application by the prospective licensee in such form or forms and supple ments thereto and containing such information as the Commissioner may prescribe; and
(2) A certificate by the society which is to be named in the license stating that the society has satisfied itself that the named applicant is trustworthy and competent to act as an insurance agent and that the society will appoint the applicant to act as its agent if the license applied for is issued by the Commissioner. The certificates shall be executed and acknowledged by an officer or managing agent of the society.
(g) No written or other examination shall be required of any individual seeking to be named as a licensee to represent a fraternal benefit society as its agent.
(h) The Commissioner may refuse to issue or renew any insurance agent's license if in his judgment the proposed licensee is not trustworthy and competent to act as such agent, or has given cause for revocation or suspension of such license, or has failed to comply with any prerequisite for the issuance or renewal, as the case may be, of the license.
(i) Every original license issued pursuant to this Code section shall expire at midnight on the last day of December following the date of issue. A renewal of a license may be issued biennially, to expire at midnight on December 31 of the year of expiration.
(j) If the application for a renewal license shall have been filed with the Commissioner on or before December 31 of the year in which the existing license is to expire, the applicant named in the existing license may continue to act as insurance agent under the existing license, unless the license shall be revoked or suspended, until the issuance by the Commis sioner of the renewal license or until the expiration of five days after he shall have refused to renew such license and shall have served written notice of the refusal on the applicant. If the applicant shall, within 30 days after the notice is given, notify the Commissioner in writing of his request for a hearing on that refusal, the Commissioner shall within a reasona ble time after receipt of the notice grant the hearing, and he may in his discretion reinstate the license.
(k) Any renewal license of an insurance agent may be issued upon the application of the society named in the existing license. The application shall be in the form or forms pre scribed by the Commissioner and shall contain such information as he may require. The application shall contain a certificate executed by the president, a vice-president, a secretary or assistant secretary, a corresponding officer, by whatever name known, or an employee expressly designated and authorized to execute the certificate of a domestic or foreign soci ety or by the United States manager of an alien society, stating that the addresses in the application given of the agents of the society for whom renewal licenses are requested in the application have been verified in each instance immediately preceding the preparation of the application. Notwithstanding the filing of the application, the Commissioner may after reasonable notice to the society require that any or all agents of the society to be named as licensees in renewal licenses shall execute and file separate applications for the renewal of the licenses, as specified in this Code section, and he may also require that each application shall be accompanied by the certificate specified in paragraph (2) of subsection (f) of this Code section.
(1) Every society doing business in this state shall upon the termination of the appoint ment of any insurance agent licensed to represent it in this state immediately file with the Commissioner a statement, in such form as he may prescribe, of the facts relative to termi nation and the cause of termination. Every statement made pursuant to this Code section shall be deemed a privileged communication.
(m) The Commissioner may revoke, or may suspend for such period as he may deter-

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mine, any insurance agent's license if, after notice and hearing as specified in this Code section, he determines that the licensee has:
(1) Violated any provision of, or any obligation imposed by, this Code section or has violated any law in the course of his dealings as agent;
(2) Made a material misstatement in the application for that license;
(3) Been guilty of fraudulent or dishonest practices;
(4) Demonstrated his incompetence or untrustworthiness to act as an insurance agent; or
(5) Been guilty of rebating as defined by the laws of this state applicable to life insur ance companies.
(n) The revocation or suspension of any insurance agent's license shall terminate imme diately the license of the agent. No individual whose license has been revoked shall be enti tled to obtain any insurance agent's license under this Code section for a period of two years after the revocation or, if the revocation is judicially reviewed, for two years after the final determination of the court affirming the action of the Commissioner in revoking the license."
Section 5. Said title is further amended by striking in its entirety Code Section 33-2311, relating to the expiration of licenses and filing of requests for renewal by agents and counselors for life insurance, accident and sickness insurance, and annuity contracts, and inserting in its place a new Code Section 33-23-11 to read as follows:
"33-23-11. (a) In the first calendar year of issuance, a license issued to an agent shall expire at 12:00 Midnight on December 31 in such year, unless prior thereto it is revoked or suspended by the Commissioner or unless the authority of the agent to act for the insurer is terminated.
(b) (1) In the absence of a contrary ruling by the Commissioner, license renewals may be issued biennially, to expire at 12:00 Midnight on December 31 of the year of expiration, upon request of the insurer without further action on the part of the agent; provided, how ever, that no license shall be issued to an agent or counselor unless the licensee has paid fees and taxes as provided for in Chapter 8 of this title and has successfully completed such continuing education as the Commissioner may require.
(2) Continuing education requirements imposed by the Commissioner pursuant to this subsection shall not exceed 24 classroom hours for each licensed person during the calendar year.
(3) Each agent and counselor shall be entitled to an exemption of one-fourth of the number of hours of classroom instruction required pursuant to this subsection for each five years of continuous employment as an agent or counselor. No agent or counselor may ex empt, pursuant to this paragraph, more than three-fourths of such requirements.
(4) The continuing education requirements provided for in this subsection shall not apply to:
(A) Those persons who are licensed by the Commissioner and who hold one or more of the limited licenses described in paragraph (2) or (3) of subsection (a) of Code Section 3323-5; or
(B) Those persons who have been continuously licensed and employed principally as an insurance agent or counselor for 20 years or more.
(5) Every person required to participate in a continuing education program pursuant to this subsection or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements.
(6) Any licensed agent satisfying the continuing education requirements of this subsec-

THURSDAY, FEBRUARY 25, 1988

1345

tion shall be exempt from any additional continuing education requirements as set forth in Code Section 33-23-60.
(c) In the first calendar year of issuance, a license issued to a counselor shall expire at 12:00 Midnight on December 31 in such year, unless prior thereto it is revoked or suspended by the Commissioner. In the absence of a contrary ruling by the Commissioner, license re newals shall be issued biennially, to expire at 12:00 Midnight on December 31 of the year of expiration.
(d) Each request for renewal of license shall show whether the licensee devotes all or part of his efforts to acting as an agent or counselor and, if part only, how much time he devotes to such work and in what other business or businesses he is engaged or employed.
(e) Upon the riling of a request for renewal of license, the current license shall continue in force until the renewal license is issued by the Commissioner or until the Commissioner has refused for cause to issue a renewal license, as provided in Code Section 33-23-13, and has given written notice of such refusal to the insurer and the agent or to the counselor.
(f) The Commissioner by rule may establish staggered deadlines for the filing of renewal license applications together with appropriate fees. The rules shall be promulgated so as to divide the alphabet, in relation to the first letter of the last names of persons filing applica tions, in such a manner as he may deem appropriate to spread the workload of the process ing and issuance of the licenses during the period beginning July 1 and ending December 31 in each year. Licenses so issued shall be for the immediately succeeding two calendar years.
(g) Prior to January 1, 1989, the Commissioner shall implement the issuance of biennial renewal licenses by dividing existing licenses into two groups. Notwithstanding paragraph (1) of subsection (b) of this Code section or subsection (c) or (f) of this Code section, one group shall be issued annual renewal licenses for calendar year 1989. The second group shall be issued biennial renewal licenses for calendar years 1989 and 1990. Thereafter, all renewal licenses shall be issued for two calendar years."
Section 6. Said title is further amended by striking in its entirety subsection (c) of Code Section 33-23-13, relating to the grounds and procedure for the refusal of renewal, suspen sion, or revocation of certain licenses, and inserting in its place a new subsection (c) to read as follows:
"(c) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within two years from the effective date of the revocation or, if judicial review of such revocation is sought, within two years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license."
Section 7. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 33-23-43, relating to general qualifications for licenses, and inserting in its place a new paragraph (1) to read as follows:
"(1) The applicant must be a resident of this state who will reside and be present within this state for at least six months of every year; provided, however, in cities, towns, or trade areas, either unincorporated or comprised of two or more incorporated cities or towns, located partly within and partly outside the state, requirements as to residence and princi pal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business;".
Section 8. Said title is further amended by striking in its entirety Code Section 33-2360, relating to the expiration and renewal of licenses for agents, brokers, solicitors, counsel-

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ors, or adjusters for property, casualty, and surety insurance, and inserting in its place a new Code Section 33-23-60 to read as follows:
"33-23-60. (a) At 12:00 Midnight of the last day in December in every year, each license in effect for the first calendar year of issuance shall expire unless renewed.
(b) (1) Upon the filing of an application for renewal accompanied by fees as provided for in Chapter 8 of this title and upon successful completion by the applicant of such con tinuing education as the Commissioner may require, a renewal for two years ending at 12:00 Midnight on December 31 of the year of expiration shall be issued by the Commissioner without further examination, investigation, or inquiry.
(2) Continuing education requirements imposed by the Commissioner pursuant to this subsection shall not exceed 24 classroom hours for each licensed person during the calendar year.
(3) Each agent and counselor shall be entitled to an exemption of one-fourth of the number of hours of classroom instruction required pursuant to this subsection for each five years of continuous employment as an agent or counselor. No agent or counselor may ex empt, pursuant to this paragraph, more than three-fourths of such requirements.
(4) The continuing education requirements provided for in this subsection shall not apply to:
(A) Those persons who are licensed by the Commissioner and who hold one or more of the limited licenses described in subsections (a), (b), (c), and (e) of Code Section 33-23-53; or
(B) Those persons who have been continuously licensed and employed principally as an insurance agent or broker for 20 years or more.
(5) Every person required to participate in a continuing education program pursuant to this subsection or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements.
(6) Any licensed agent satisfying the continuing education requirements of this subsec tion shall be exempted from any additional continuing education requirements as set forth in Code Section 33-23-11.
(c) If the Commissioner, after conforming to procedure for a hearing as set forth in Chapter 2 of this title, makes a determination that such renewal should be refused or the license revoked or suspended, or the application discloses a disqualification, then the license shall not be renewed.
(d) The Commissioner by rule may establish staggered deadlines for the filing of re newal license applications together with appropriate fees. Such rules shall be promulgated so as to divide the alphabet, according to the first letter of the last names of persons filing applications, in such a manner as he may deem appropriate to spread the workload of the processing and issuance of the licenses during the period beginning July 1 and ending De cember 31 in each year. Licenses so issued shall be for the immediately succeeding two calendar years.
(e) Prior to January 1, 1989, the Commissioner shall implement the issuance of biennial renewal licenses by dividing existing licensees into two groups. Notwithstanding paragraph (1) of subsection (b) of this Code section or subsection (d) of this Code section, one group shall be issued annual renewal licenses for calendar year 1989. The second group shall be issued biennial renewal licenses for calendar years 1989 and 1990. Thereafter, all renewal licenses shall be issued for two calendar years."
Section 9. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

THURSDAY, FEBRUARY 25, 1988

1347

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon
^Brroyuanntt Burton Crumbley Deal Dean
Echols Edge English

Engram Fincher Foster Garner Gillis Harris
2Homweard, Huggins Johnson Kennedy Kidd
Langford McGill McKenzie

Newbill Olmstead Peevy Perry phillips Ragan of 10th
RRag6an of 32nd a^
Scott of 36th Starr Stumbaugh
Taylor Turner Tysinger

Those not voting were Senators:

Albert Coleman Coverdell Dawkins

Harrison Hudgins Land Scott of 2nd

Shumake Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 862. By Representative Colbert of the 23rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Natural Resources offered the following substitute to HB 862:

A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict in coun ties having more than a certain population the issuance of permits for putrescible material solid waste disposal sites which will be located within a certain distance of an adjoining county under certain circumstances; to provide certain exceptions; to restrict the issuance of permits for intercounty putrescible solid waste disposal sites which will be located within a certain distance of an adjoining county under certain circumstances; to provide for a defini tion in connection therewith; to provide certain exceptions; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," is amended by adding between Code Sec tions 12-8-28 and 12-8-29 a new Code Section 12-8-28.1 to read as follows:
"12-8-28.1. (a) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, no permit shall be issued for a putrescible material solid waste disposal site in any county having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of such site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county; pro vided, however, that the director may permit such a site if the requesting county provides evidence that no alternative sites or methods are available to that jurisdiction for the han dling of its solid waste. This Code section shall apply to all state permit applications made on or after July 1, 1988, and to all state permits issued prior to July 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in pro cess on July 1, 1988.
(b) The consent of an adjoining county as provided in subsection (a) of this Code sec tion shall not be required when the expansion of an existing solid waste disposal site is granted by the director or when the ownership, direct or indirect, of an existing solid waste disposal site is transferred."
Section 2. Said Article is further amended by adding a new Code section immediately following Code Section 12-8-28.1, to be designated Code Section 12-8-28.2, to read as follows:
"12-8-28.2 (a) As used in this Code section, the term 'intercounty solid waste disposal site' means a putrescible solid waste disposal site which accepts solid waste from any Geor gia county other than the county in which the solid waste disposal site is located.
(b) No permit shall be issued for an intercounty solid waste disposal site in any county if any part of such site is within two miles of an adjoining county without the applicant's first receiving the express approval of the governing authority of the adjoining county.
(c) The provisions of subsection (b) of this Code section shall not apply to a regional solid waste disposal site which is established or operated pursuant to the authority of a contract or agreement between two or more counties or which was lawfully operating as an intercounty solid waste disposal site on the day immediately preceding the effective date of this Code section, nor to the expansion of any such site; provided, however, no solid waste disposal site operating on the day immediately preceding the effective date of this Code section shall be converted to an intercounty solid waste disposal site without the contracts or agreements required by subsection (b) of this Code section."
Section 3. The provisions of Section 2 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provi sions of this Act shall become effective on July 1, 1988.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 862 offered by the Senate Committee on Natural Re sources by striking on page 2, line 21 through page 3, line 22, and by renumbering "Section 4" as "Section 2";
and by striking on page 1, line 8 through "foregoing" on line 13.
Senator Allgood of the 22nd moved that he be excused from voting on HB 862 pursuant to Senate Rule 175, stating that he had a personal interest in the result.

THURSDAY, FEBRUARY 25, 1988

1349

On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Allgood of the 22nd was excused from voting on HB 862.

On the adoption of the amendment, the yeas were 41, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 36, nays 2, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill

McKenzie Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

Voting in the negative were Senators Engram and Langford.

Those not voting were Senators:

Allgood (excused) Coverdell

Olmstead Shumake

Tate (excused) Timmons

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 1571. By Representatives Robinson of the 96th, Lupton of the 25th, Porter of the 119th and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," so as to provide that resident domes tic corporations shall not engage in certain business combinations with certain interested shareholders.
Senate Sponsor: Senator Hine of the 52nd.

The Senate Committee on Judiciary offered the following substitute to HB 1571:

A BILL
To be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," so as to provide that resident domes tic corporations shall not engage in certain business combinations with certain interested

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shareholders; to define terms; to provide exceptions; to provide for inapplicability of the foregoing unless specifically provided by corporate bylaw; to provide for related matters; to provide effective dates; to provide for repeal of certain provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," is amended by adding between Articles 11 and 12 a new Arti cle 11A to read as follows:
"ARTICLE HA
14-2-236. For purposes of this article, the definitions contained in Code Section 14-2232 shall be applicable with the following exceptions:
(1) For purposes of this article, a person shall not be considered to be the 'beneficial owner,' as that term is defined in paragraph (4) of Code Section 14-2-232, of:
(A) Stock tendered pursuant to a tender or exchange offer made by such person or any of such person's affiliates or associates until such tendered stock is accepted for purchase or exchange; or
(B) Any equity securities which such person or such person's affiliates or associates have the right to vote pursuant to any agreement, arrangement, or understanding if the agreement, arrangement, or understanding to vote such stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made to ten or more persons;
(2) For purposes of this article, 'business combination' means:
(A) Any merger or consolidation of the resident domestic corporation or any subsidiary with: (i) any interested shareholder; or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolidation would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction other than as a result of the interested shareholder's ownership of the resi dent domestic corporation's voting stock;
(B) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business, in one transaction or in a series of transactions, to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, of any assets of the resident domestic corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the resident domestic corporation, an aggregate book value as of the end of the resident domestic corporation's most recently ended fiscal quarter of 10 per cent or more of the net assets of the resident domestic corporation as of the end of such fiscal quarter;
(C) The issuance or transfer by the resident domestic corporation, or any subsidiary, in one transaction or a series of transactions, of any equity securities of the resident domestic corporation or any subsidiary which have an aggregate market value of 5 percent or more of the total market value of the outstanding common and preferred shares of the resident do mestic corporation whose shares are being issued to any interested shareholder or any affili ate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the resident domestic corporation's voting shares or any other method affording substantially proportionate treatment to the holders of vot ing shares, and except pursuant to the exercise or conversion of securities exercisable for or convertible into shares of the resident domestic corporation, or any subsidiary, which securi ties were outstanding prior to the time that any interested shareholder became such;
(D) The adoption of any plan or proposal for the liquidation or dissolution of the resi dent domestic corporation;
(E) Any reclassification of securities, including any reverse stock split, or recapitaliza tion of the resident domestic corporation, or any merger or consolidation of the resident

THURSDAY, FEBRUARY 25, 1988

1351

domestic corporation with any of its subsidiaries, which has the effect, directly or indirectly, of increasing by 5 percent or more the proportionate amount of the outstanding shares of any class or series of equity securities of the resident domestic corporation or any subsidiary which is directly or indirectly beneficially owned by any interested shareholder or any affili ate of any interested shareholder; or
(F) Any receipt by the interested shareholder, or any affiliate or associate of the inter ested shareholder, other than in the ordinary course of business, of the benefit, directly or indirectly (except proportionately as a resident domestic corporation), of any loans, ad vances, guarantees, pledges, or other financial benefits or assistance or any tax credits or other tax advantages provided by or through the resident domestic corporation or any of its subsidiaries;
(3) For purposes of this article and Article 11, the presumption of 'control' created by paragraph (7) of Code Section 14-2-232 shall not apply where such person holds voting stock, in good faith and not for the purpose of circumventing this article or Article 11, as an agent, bank, broker, nominee, custodian, or trustee for one or more owners who do not indi vidually or as a group have control of the corporation; and
(4) For purposes of this article, a 'resident domestic corporation' means:
(A) An issuer of voting stock which is organized under the laws of this state and which has at least 100 beneficial owners in this state and either:
(i) Has its principal office located in this state;
(ii) Has at least 10 percent of its outstanding voting shares beneficially owned by resi dents of this state;
(iii) Has at least 10 percent of the holders of its outstanding voting shares beneficially owned by residents of this state; or
(iv) Owns or controls assets which represents the lesser of (I) substantially all of its assets or (II) assets having a market value of at least $25 million. For purposes of this Code section, 'substantially all of the corporate assets' means either one-half of the value of the assets of the corporation or the assets of the corporation located in this state which generate more than one-half of the total revenues of the corporation, all on a consolidated basis; and
(B) For purposes of divisions (ii) and (iii) of subparagraph (A) of this paragraph, a holder of voting shares that is a corporation shall be deemed to be located in this state if such corporation is organized under the laws of this state.
14-2-237. (a) Notwithstanding any other provision of this chapter (except for the provi sions of subsection (b) of this Code section and Code Section 14-2-238), a resident domestic corporation shall not engage in any business combination with any interested shareholder for a period of five years following the date that such shareholder became an interested shareholder, unless:
(1) Prior to such date the resident domestic corporation's board of directors approved either the business combination or the transaction which resulted in the shareholder becom ing an interested shareholder;
(2) In the transaction which resulted in the shareholder becoming an interested share holder, the interested shareholder became the beneficial owner of at least 90 percent of the voting stock of the resident domestic corporation outstanding at the time the transaction commenced, excluding for purposes of determining the number of shares outstanding those shares owned by: (A) persons who are directors or officers, their affiliates, or associates; (B) subsidiaries of resident domestic corporations; and (C) employee stock plans in which em ployee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer; or
(3) Subsequent to becoming an interested shareholder, such shareholder acquired addi tional shares resulting in the interested shareholder being the beneficial owner of at least 90 percent of the outstanding voting stock of the resident domestic corporation and the busi-

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ness combination was approved at an annual or special meeting of shareholders by the hold ers of a majority of the voting stock entitled to vote thereon, excluding from said vote, for the purpose of this paragraph only, the voting stock beneficially owned by the interested shareholder or by (A) any director or officer of the resident domestic corporation, his affili ates, or associates; (B) subsidiaries of resident domestic corporations; and (C) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer.
(b) The restrictions contained in this Code section shall not apply if a shareholder: (1) becomes an interested shareholder inadvertently; (2) as soon as practicable divests sufficient shares so that the shareholder ceases to be an interested shareholder; and (3) would not, at any time within the five-year period immediately prior to a business combination between the resident domestic corporation and such shareholder, have been an interested share holder but for the inadvertent acquisition.
14-2-238. (a) The requirements of this article shall not apply to business combinations with interested shareholders unless the bylaws of the resident domestic corporation specifi cally provide that all of such requirements are applicable to the resident domestic corpora tion. Such a bylaw may be adopted at any time in the manner provided in this chapter and shall apply to any business combination with an interested shareholder after the date of the bylaw's adoption, provided that such bylaw shall not apply to restrict a business combina tion between the corporation and an interested shareholder of the resident domestic corpo ration if the interested shareholder became such prior to the effective date of the bylaw. Such a bylaw shall be irrevocable except as provided in subsection (b) of this Code section. Neither the adoption nor the failure to adopt such a bylaw shall constitute grounds for any cause of action against any of the directors of the resident domestic corporation.
(b) Any bylaw adopted as provided in subsection (a) of this Code section may only be repealed by the affirmative vote of at least two-thirds of the continuing directors and a majority of the votes entitled to be cast by voting shares of the resident domestic corpora tion, other than shares beneficially owned by an interested shareholder, in addition to any other vote required by the articles of incorporation or bylaws to amend the bylaws. Any action to repeal any bylaw in accordance with this subsection shall not be effective until 18 months after the shareholder vote to effect such repeal and shall not apply to any business combination between such resident domestic corporation and any person who became an interested shareholder of such resident domestic corporation on or prior to such repeal. Once the bylaw has been repealed in accordance with this subsection, the resident domestic corporation shall not thereafter be entitled to adopt the bylaw in accordance with subsec tion (a) of this Code section.
(c) Nothing contained in this article shall be deemed to limit in any manner a resident domestic corporation's right to include in its articles of incorporation or bylaws any provi sion regarding the approval of business combinations which would not otherwise be prohib ited by this chapter.
(d) Nothing contained in this article shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to Code Section 14-2235. The requirements of any bylaw adopted under this article will be in addition to the requirements of any bylaw adopted pursuant to Article 11 of this chapter.
(e) Nothing contained in Article 11 of this chapter shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to this Code section. The requirements of any bylaw adopted under Article 11 of this chapter will be in addition to the requirements of any bylaw adopted pursuant to this article."
Part II
Section 2. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," as contained in HB 1272 and enacted at the 1988 regular ses-

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1353

sion of the General Assembly of Georgia is amended by adding, following Article 11 thereof a new Article 11A to read as follows:
"ARTICLE 11A
14-2-1131. For purposes of this article, the definitions contained in Code Section 14-21110 shall be applicable with the following exceptions:
(1) For purposes of this article, a person shall not be considered to be the 'beneficial owner,' as that term is defined in paragraph (4) of Code Section 14-2-1110, of:
(A) Stock tendered pursuant to a tender or exchange offer made by such person or any of such person's affiliates or associates until such tendered stock is accepted for purchase or exchange; or
(B) Any equity securities which such person or such person's affiliates or associates have the right to vote pursuant to any agreement, arrangement, or understanding if the agreement, arrangement, or understanding to vote such stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made to ten or more persons;
(2) For purposes of this article, 'business combination' means:
(A) Any merger or consolidation of the resident domestic corporation or any subsidiary with: (i) any interested shareholder; or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolidation would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction other than as a result of the interested shareholder's ownership of the resi dent domestic corporation's voting stock;
(B) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business, in one transaction or in a series of transactions, to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, of any assets of the resident domestic corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the resident domestic corporation, an aggregate book value as of the end of the resident domestic corporation's most recently ended fiscal quarter of 10 per cent or more of the net assets of the resident domestic corporation as of the end of such fiscal quarter;
(C) The issuance or transfer by the resident domestic corporation, or any subsidiary, in one transaction or a series of transactions, of any equity securities of the resident domestic corporation or any subsidiary which have an aggregate market value of 5 percent or more of the total market value of the outstanding common and preferred shares of the resident do mestic corporation whose shares are being issued to any interested shareholder or any affili ate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the resident domestic corporation's voting shares or any other method affording substantially proportionate treatment to the holders of vot ing shares, and except pursuant to the exercise or conversion of securities exercisable for or convertible into shares of the resident domestic corporation, or any subsidiary, which securi ties were outstanding prior to the time that any interested shareholder became such;
(D) The adoption of any plan or proposal for the liquidation or dissolution of the resi dent domestic corporation;
(E) Any reclassification of securities, including any reverse stock split, or recapitaliza tion of the resident domestic corporation, or any merger or consolidation of the resident domestic corporation with any of its subsidiaries, which has the effect, directly or indirectly, of increasing by 5 percent or more the proportionate amount of the outstanding shares of any class or series of equity securities of the resident domestic corporation or any subsidiary which is directly or indirectly beneficially owned by any interested shareholder or any affili ate of any interested shareholder; or

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(F) Any receipt by the interested shareholder, or any affiliate or associate of the inter ested shareholder, other than in the ordinary course of business, of the benefit, directly or indirectly (except proportionately as a resident domestic corporation), of any loans, ad vances, guarantees, pledges, or other financial benefits or assistance or any tax credits or other tax advantages provided by or through the resident domestic corporation or any of its subsidiaries;
(3) For purposes of this article and Article 11, the presumption of 'control' created by paragraph (7) of Code Section 14-2-1110 shall not apply where such person holds voting stock, in good faith and not for the purpose of circumventing this article or Article 11, as an agent, bank, broker, nominee, custodian, or trustee for one or more owners who do not indi vidually or as a group have control of the corporation; and
(4) For purposes of this article, a 'resident domestic corporation' means:
(A) An issuer of voting stock which is organized under the laws of this state and which has at least 100 beneficial owners in this state and either:
(i) Has its principal office located in this state;
(ii) Has at least 10 percent of its outstanding voting shares beneficially owned by resi dents of this state;
(iii) Has at least 10 percent of the holders of its outstanding voting shares beneficially owned by residents of this state; or
(iv) Owns or controls assets which represents the lesser of (I) substantially all of its assets or (II) assets having a market value of at least $25 million. For purposes of this Code section, 'substantially all of the corporate assets' means either one-half of the value of the assets of the corporation or the assets of the corporation located in this state which generate more than one-half of the total revenues of the corporation, all on a consolidated basis; and
(B) For purposes of divisions (ii) and (iii) of subparagraph (A) of this paragraph, a holder of voting shares that is a corporation shall be deemed to be located in this state if such corporation is organized under the laws of this state.
14-2-1132. (a) Notwithstanding any other provision of this chapter (except for the pro visions of subsection (b) of this Code section and Code Section 14-2-1133), a resident do mestic corporation shall not engage in any business combination with any interested share holder for a period of five years following the date that such shareholder became an interested shareholder, unless:
(1) Prior to such date the resident domestic corporation's board of directors approved either the business combination or the transaction which resulted in the shareholder becom ing an interested shareholder;
(2) In the transaction which resulted in the shareholder becoming an interested share holder, the interested shareholder became the beneficial owner of at least 90 percent of the voting stock of the resident domestic corporation outstanding at the time the transaction commenced, excluding for purposes of determining the number of shares outstanding those shares owned by: (A) persons who are directors or officers, their affiliates, or associates; (B) subsidiaries of resident domestic corporations; and (C) employee stock plans in which em ployee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer; or
(3) Subsequent to becoming an interested shareholder, such shareholder acquired addi tional shares resulting in the interested shareholder being the beneficial owner of at least 90 percent of the outstanding voting stock of the resident domestic corporation and the busi ness combination was approved at an annual or special meeting of shareholders by the hold ers of a majority of the voting stock entitled to vote thereon, excluding from said vote, for the purpose of this paragraph only, the voting stock beneficially owned by the interested shareholder or by (A) any director or officer of the resident domestic corporation, his affili ates, or associates; (B) subsidiaries of resident domestic corporations; and (C) employee

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1355

stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer.
(b) The restrictions contained in this Code section shall not apply if a shareholder: (1) becomes an interested shareholder inadvertently; (2) as soon as practicable divests sufficient shares so that the shareholder ceases to be an interested shareholder; and (3) would not, at any time within the five-year period immediately prior to a business combination between the resident domestic corporation and such shareholder, have been an interested share holder but for the inadvertent acquisition.
14-2-1133. (a) The requirements of this article shall not apply to business combinations with interested shareholders unless the bylaws of the resident domestic corporation specifi cally provide that all of such requirements are applicable to the resident domestic corpora tion. Such a bylaw may be adopted at any time in the manner provided in this chapter and shall apply to any business combination with an interested shareholder after the date of the bylaw's adoption, provided that such bylaw shall not apply to restrict a business combina tion between the corporation and an interested shareholder of the resident domestic corpo ration if the interested shareholder became such prior to the effective date of the bylaw. Such a bylaw shall be irrevocable except as provided in subsection (b) of this Code section. Neither the adoption nor the failure to adopt such a bylaw shall constitute grounds for any cause of action against any of the directors of the resident domestic corporation.
(b) Any bylaw adopted as provided in subsection (a) of this Code section may only be repealed by the affirmative vote of at least two-thirds of the continuing directors and a majority of the votes entitled to be cast by voting shares of the resident domestic corpora tion, other than shares beneficially owned by an interested shareholder, in addition to any other vote required by the articles of incorporation or bylaws to amend the bylaws. Any action to repeal any bylaw in accordance with this subsection shall not be effective until 18 months after the shareholder vote to effect such repeal and shall not apply to any business combination between such resident domestic corporation and any person who became an interested shareholder of such resident domestic corporation on or prior to such repeal. Once the bylaw has been repealed in accordance with this subsection, the resident domestic corporation shall not thereafter be entitled to adopt the bylaw in accordance with subsec tion (a) of this Code section.
(c) Nothing contained in this article shall be deemed to limit in any manner a resident domestic corporation's right to include in its articles of incorporation or bylaws any provi sion regarding the approval of business combinations which would not otherwise be prohib ited by this chapter.
(d) Nothing contained in this article shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to Code Section 14-21113. The requirements of any bylaw adopted under this article will be in addition to the requirements of any bylaw adopted pursuant to Article 11 of this chapter.
(e) Nothing contained in Article 11 of this chapter shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to this Code section. The requirements of any bylaw adopted under Article 11 of this chapter will be in addition to the requirements of any bylaw adopted pursuant to this article."
Part III
Section 3. Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be repealed on the date Part II of this Act becomes effective. Part II of this Act shall become effective on July 1, 1989, if House Bill 1272, which revises Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, is enacted at the 1988 regular session of the General Assembly of Georgia and such bill becomes law.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Hine of the 52nd offered the following amendment:

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Amend the substitute to HB 1571 offered by the Senate Committee on Judiciary by striking from lines 28 and 29 of page 6, line 15 of page 7, line 34 of page 14 and line 1 of page 15, and from line 20 of page 15 the following:
"resident domestic corporations",
and inserting in lieu thereof the following:
"the resident domestic corporation".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon
Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols

Edge Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Kidd Land McGill Newbill

Olmstead Peevy Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor Turner Tysinger Walker

Voting in the negative was Senator Langford.

Those not voting were Senators:

Barker Barnes Dean English Engram

Huggins Johnson Kennedy (presiding) McKenzie Perry

Phillips Starr Tate (excused) Timmons

On the passage of the bill, the yeas were 41, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.

THURSDAY, FEBRUARY 25, 1988

1357

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 503. By Representatives Brown of the 88th, Martin of the 26th, White of the 132nd, McKelvey of the 15th, Ramsey of the 3rd and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for comprehensive regula tion of the disclosure to state employees of known and suspected health hazards of hazardous chemicals and substances; to provide for a short title.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1505. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others:
A bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to re tire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead.

The following general bill of the House, having been read the third time on February 22, reconsidered on February 23, and final action suspended on February 24, pursuant to Senate Rule 143, until today, was put upon its passage:

HB 1302. By Representatives Robinson of the 96th, Pannell of the 122nd, Chambless of the 133rd, Pettit of the 19th and Thomas of the 69th:
A bill to amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder of a pro fessional corporation must be an active practitioner in the corporation which is sued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation.
Senate Sponsor: Senator Edge of the 28th.

The substitute to HB 1302 offered by Senators Edge of the 28th and Hine of the 52nd on February 24, as it appears in the Journal of February 24, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 38, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Bowen Brannon Broun Bryant

Burton Coverdell Crumbley Dawkins

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Deal Dean Echols Edge Fincher Foster Garner Gillis Harris Harrison Howard

Hudgins Huggins Johnson Kidd Land McGill Newbill Olmstead Peevy Perry Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman English Engram

Hine Kennedy (presiding) Langford McKenzie

Phillips Scott of 36th Tate (excused)

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 157. By Representative Ramsey of the 3rd:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to provide that certain employees of the Public Service Commission shall be entitled to member ship in the Peace Officers' Annuity and Benefit Fund.
Senate Sponsor: Senator Fincher of the 54th.

The following actuarial report, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 157 (LC 10 7273) Peace Officers' Annuity and Benefit Fund

This Bill would allow employees of the Public Service Commission to become members of the Peace Officers' Annuity and Benefit Fund. Creditable service toward retirement would be allowed for employees responsible for arresting violators and enforcing public util ity laws. Creditable service toward retirement would only be granted for service rendered after July 1, 1981.

The following is a summary of the relevant findings of the actuarial investigation for

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1359

this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will

result from the bill.

$

0

(2) The amount of annual normal cost which will result from the bill. $ 10,211

(3) The employer contribution rate currently in effect.

$ 7,200,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 3,314,169

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

November 18, 1987

Mr. Charles D. Lunsford Performance, Medicaid, and Local
Government Audits Division State of Georgia Department of Audits, Room 214 270 Washington Street Atlanta, Georgia 30334

Dear Mr. Lunsford:

RE: HOUSE BILL 157--LC 10 7273

As requested, we are writing to you concerning the enclosed legislation. This legislation changes the definition of Peace Officer to include certain employees of the Public Service Commission.

As the actuary for the Peace Officers' Retirement Fund, we have reviewed the legisla tion and certify that since it does grant a benefit increase and, therefore, affects the normal cost and the actuarial accrual liabilities, the bill does have a fiscal impact [as defined in Code Section 47-20-30(5)].

Based on the results of our actuarial study as of July 1, 1987 and based on the plan provisions in place on July 1, 1987, the fiscal impact of the legislation is summarized below. This legislation provides for membership and membership service credit to begin as of July 1, 1988. Of the twenty-three (23) employees who were employed as of July 1, 1987 and who meet the new definition of Peace Officer, eleven (11) will exceed the maximum membership age of 45 as of July 1, 1988; therefore, the actuarial study is based on the assumption that all twelve (12) that are eligible and under age 45 will join the Fund.

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BEFORE

AFTER

CHANGE DUE TO

LEGISLATION LEGISLATION LEGISLATION

- Actuarial Accrued Liability - Fund Value - Unfunded Actuarial
Accrued Liability

$ 85,980,980 78,858,504
$ 7,122,476

$ 85,980,980 78,858,504
$ 7,122,476

$

-0-

- Normal Cost

$ 2,083,864

$ 2,094,075

$ 10,211

- Contribution Required Due to Minimum Funding Standards

$ 3,303,345

$ 3,314,169

$ 10,824

- Employer Contribution Rate (based on actual 7/1/86 - 7/1/87 employer contribution) $ 7,200,000

$ 7,200,000

The current annual employer contribution rate of $7,200,000 is more than adequate to meet the minimum funding standards specified by Code Section 47-20-10 which would re quire an annual contribution of $3,314,169 after changes due to this legislation. No change in employer contribution rate would be required in order to meet minimum funding stan dards or to keep the fund in an actuarially sound condition.

If we can be of further assistance, please feel free to call.
Sincerely, /s/ Elizabeth J. Scattergood, A.S.A.
Actuarial Supervisor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman

Howard Kennedy (presiding)

Tate (excused)

On the passage of the bill, the yeas were 51, nays 0.

THURSDAY, FEBRUARY 25, 1988

1361

The bill, having received the requisite constitutional majority, was passed.

HB 1707. By Representatives Birdsong of the 104th, Crawford of the 5th and Waldrep of the 80th:
A bill to amend Code Section 45-16-6 of the Official Code of Georgia Annotated, relating to participation in a coroner's training course, so as to provide that any coroner taking a required training course shall receive an expense allowance and travel reimbursement.
Senate Sponsor: Senator Harris of the 27th.

Senator Harris of the 27th offered the following amendment: Amend HB 1707 by adding a new Section 3 to read as follows: "Section 3. This Act shall become effective on January 1, 1989."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

Senator Harris of the 27th moved that the Senate reconsider its action in adopting the amendment offered by Senator Harris of the 27th.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the adoption of the amendment offered by Senator Harris of the 27th was reconsidered.

Senator Harris of the 27th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment offered by Senator Harris of the 27th was withdrawn.

Senator Harris of the 27th offered the following amendment: Amend HB 1707 by adding on page 1, line 6, after the word "reimbursement;" the following: "to provide an effective date;"; and by adding a new Section 2 to read as follows: "Section 2. This Act shall become effective on January 1, 1989."; and by renumbering Section 2 as Section 3.

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Bryant

Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Howard

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Muggins Johnson Kidd Land Langford McGill McKenzie Newbill

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman Fincher

Hine Hudgins Kennedy (presiding)

Olmstead Tate (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HR 552. By Representatives Watson of the 114th and Kilgore of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced Technology De velopment Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in areas of technology, manufacturing, or agriculture.
Senate Sponsor: Senator Broun of the 46th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Harris Harrison Hine
Howard Hudgins
Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor
Turner Tysinger Walker

Those not voting were Senators:

Barnes Gillis

Kennedy (presiding) Tate (excused)

Timmons

THURSDAY, FEBRUARY 25, 1988

1363

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1414. By Representative Beck of the 148th:
A bill to amend Code Section 45-7-92 of the Official Code of Georgia Annotated, relating to oath, salary, expenses, and meetings of members of the State Commis sion on Compensation, so as to change the salary of the members of the commission.
Senate Sponsor: Senator Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge
English

Engram Fincher Foster Garner Gillis Harris Harrison Howard Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Taylor Tysinger Walker

Those not voting were Senators:

Barnes Bowen Broun Coleman

Hine Hudgins Kennedy (presiding) Olmstead

Scott of 36th Tate (excused) Timmons Turner

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1545. By Representatives Pannell of the 122nd, Robinson of the 96th, Oliver of the 53rd and Groover of the 99th:
A bill to amend Code Section 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, so as to provide that the fees of an auditor shall be assessed as court costs; to amend Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, so as to provide that such compensation shall be assessed as court costs.
Senate Sponsor: Senator Johnson of the 47th.

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The Senate Committee on Judiciary offered the following substitute to HB 1545:

A BILL
To be entitled an Act to amend Code Section 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, so as to provide that the fees of an auditor shall be assessed as court costs; to amend Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, so as to provide that such compen sation shall be assessed as court costs; to provide for exceptions; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-7-22 to read as follows:
"9-7-22. (a) The fees of an auditor to whom a case, whether legal or equitable, has been referred shall be determined and fixed by the trial judge making the referral or by any other judge having jurisdiction of the case and serving in the place and stead of the trial judge. The fees so determined and fixed may be apportioned between and among the parties at the discretion of the judge.
(b) The court with consent of the parties may fix the fees of the auditor in advance and incorporate the same in the order making the appointment.
(c) The fees of an auditor, as determined and fixed by the judge, shall be included in and made a part of the judgment of the court. The fees of the auditor shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such fees have not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment."
Section 2. Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master; shall be paid by the condemning body; and shall not be less than $50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter by the special master. The compen sation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compen sation has not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Brannon Broun

THURSDAY, FEBRUARY 25, 1988

1365

Bryant Burton Coverdell Crumbley Dawkins DDeeaaln
Echols
Edge English
Engram Fincher Garner Gillis

Harris Harrison Howard Hudgins Huggins JKoihdndson
Land
Langford McGill
McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ra Scco.t,t Jf 02"d,
Shumake
btarr Stumbaugh
Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Coleman

Foster Hine Kennedy (presiding)

Scott of 36th Tate (excused) Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1700. By Representatives Colwell of the 4th and McDonald of the 12th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, as said Code section was amended by Senate Bill 417 adopted at the 1988 regular session of the General Assembly, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide services to promote and protect the public safety at certain automobile racing events.
Senate Sponsor: Senator Brannon of the 51st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Bowen Brannon Broun Bryant Burton Coverdell Dawkins Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Howard Hudgins Huggins Johnson Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Barker

Crumbley

Land

Those not voting were Senators:

Barnes Coleman Fincher Harrison

Hine Kennedy (presiding) Kidd

Tate (excused) Taylor Timmons

On the passage of the bill, the yeas were 42, nays 4.

The bill, having received the requisite constitutional majority, was passed.

HB 1400. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd, Groover of the 99th and others:
A bill to amend Code Section 19-13-6 of the Official Code of Georgia Annotated, relating to penalties for violation of domestic violence orders, so as to change the provisions relating to actions which constitute violations for which penalties may be imposed.
Senate Sponsor: Senator Newbill of the 56th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon
roun oBCoruyvrfteonrndtell Crumbley Dawkins Deai Dean Echols Edge

English Engram Foster Garner Gillis Harris
Harrison HHuodw,gam.rds Johnson Kidd Land Langford McGill Newbill

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SS_.hcoutmt aok.fe36th Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman Fincher Hine

Huggins Kennedy (presiding) McKenzie

Olmstead Tate (excused) Timmons

On the passage of the bill, the yeas were 46, nays 0.

THURSDAY, FEBRUARY 25, 1988

1367

The bill, having received the requisite constitutional majority, was passed.

The following local bill of the House was taken up for the purpose of considering the House action thereon:

HB 1505. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others:
A bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to re tire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead.

Senator Peevy of the 48th moved that the Senate insist upon the Senate substitute to HB 1505.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1505.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1416. By Representatives Beck of the 148th and Pinkston of the 100th:
A bill to amend Code Section 7-4-2 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide that the rate of interest estab lished by written contract on transactions of $250,000.00 or more may be ex pressed in simple interest terms or otherwise.
Senate Sponsor: Senator Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Broun Buryrftonnt CCoovleemrdaenll Crumbley Dawkins Deai Dean Echols Edge English

Engram Foster Garner Gmis
Harris Hu arrisojn ""ud7S.mrds Huggms Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry
Phillips RD agan of 32nd *Sco*tt ^, ,,2nd, Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen

Brannon Fincher

Hine Kennedy (presiding)

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JOURNAL OF THE SENATE

Ragan of 10th Shumake

Tate (excused)

Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1631. By Representatives Isakson of the 21st and Chambless of the 133rd:
A bill to amend Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report.
Senate Sponsors: Senators Deal of the 49th and Barnes of the 33rd.

The Senate Committee on Judiciary offered the following substitute to HB 1631:

A BILL
To be entitled an Act to amend Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, so as to change the provisions relating to failure or refusal to file an annual report; to amend Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corpora tions, so as to change the provisions relating to failure or refusal to file an annual report; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-2-283."
Section 2. Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report but such corporation may be subject to involuntary dissolution as provided in Code Section 14-3-217."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Broun Bryant

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1369

Burton Coleman Coverdell Crumbley
aw;klns !D: eeaan Echols Edge English Engram Foster Garner

Gillis Harris Harrison Hudgins
Johnson Kidd
Land Langford McGill McKenzie Newbill Peevy

Perry Phillips Ragan of 32nd Ray
Scott of 2nd Scott of 36th
Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes
Brannon Fincher Hine

Howard Huggins Kennedy (presiding) Olmstead

Ragan of 10th Shumake Tate (excused) Timmons

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1577. By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd and Chambless of the 133rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to change the provisions relating to influencing witnesses.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Bg rounnt Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Garner Gillis THT arris Harrison Hudgins Huggins Johnson Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips ,,Ragan of,. ,,3,,2nd, Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes Fincher Hine HA luow waairdvj

Kennedy (presiding) Ragan of 10th Shumake

Tate (excused) Timmons Tysinger

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1200. By Representative Beck of the 148th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to provide that a county and a municipality may contract for the tax commissioner or tax collector of the county in which the municipality is located to assess and collect taxes for such munici pality in the same manner as county taxes.
Senate Sponsor: Senator Turner of the 8th.

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1200:

A BILL
To be entitled an Act to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to provide that a county and a municipality may contract for the tax commissioner, or tax receiver and tax collector, of the county in which the municipality is located to assess and collect taxes for such municipality in the same manner as county taxes; to provide for enforcement of remedies for collection of such municipal taxes; to provide for compensation to tax officials and to counties; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, is amended by inserting a new Code Section 48-5-359.1 be tween Code Sections 48-5-359 and 48-5-360 to read as follows:
"48-5-359.1. (a) Any county and any municipality wholly located within such county may contract, subject to approval by the tax commissioner of the county, for the tax com missioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract au thorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substan tially approximate the cost to the county of providing the service to the municipality. Not withstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such addi tional duties and responsibilities in addition to that compensation provided by law to be paid to him by the county.
(b) With respect to any county for which the office of tax commissioner has not been created, any reference in subsection (a) of this Code section to the tax commissioner shall be deemed to refer to the tax receiver and the tax collector."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 25, 1988

1371

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert
Baldwin Barker Bowen Brannon Broun
Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Foster Garner Gillis Harris Harrison Hudgins Huggins Johnson Kidd Land McGill McKenzie
Newbill

Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Engram Fincher

Hine Howard Kennedy (presiding) Langford

Ragan of 10th Shumake Tate (excused) Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 665. By Representatives Dover of the llth, Kilgore of the 42nd, Lawler of the 20th and Milford of the 13th:
A resolution proposing an amendment to the Constitution so as to provide that the membership of the State Board of Education shall consist of one member from each congressional district in the state who shall be elected by the voters of each congressional district and who shall serve staggered terms of office of six years.

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JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bills of the House:
HB 1548. By Representative Pettit of the 19th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess vehicle weights and dimensions, so as to authorize the issuance of special permits for oversized loads for vehicles transporting cer tain commodities on all roads and without regard to whether the load can be dismantled or separated.
HB 1292. By Representative Prichard of the 8th:
A bill to amend Code Section 24-10-25 of the Official Code of Georgia Annotated, relating to enforcement of subpoenas, so as to provide that subpoenas may be enforced by attachment for contempt as provided in paragraph (5) of Code Sec tion 15-6-8.
HB 1717. By Representative Thomas of the 69th:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation and suspension of sentences, generally, so as to provide for transferring certain probationers from one judicial circuit to another.
HB 1714. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification by the State Board of Education of professional per sonnel employed in the public schools of Georgia, so as to provide for fees to be paid by applicants for certification or renewal.
HB 1615. By Representatives Jackson of the 83rd, Barnett of the 10th and Lane of the lllth:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide for the disposition of certain personal property in the custody of law enforcement agen cies; to provide for the return of property used as evidence in criminal proceed ings to the rightful owner of such property after final conviction of the defendant.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 916. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th, Balkcom of the 140th and Hooks of the 116th:
A resolution commending Duncan Moore.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1848. By Representatives Bishop of the 94th, Benn of the 38th, Couch of the 40th, Lupton of the 25th and Davis of the 29th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain counties and municipalities.

THURSDAY, FEBRUARY 25, 1988

1373

HB 1872. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th, Groover of the 99th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of popula tion bills.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 587. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, McDonald of the 12th, Bishop of the 94th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a State Housing Trust Fund and to pro vide for funding for such fund and to provide that the funds in such fund shall not lapse and shall not be subject to the prohibition against using money in the state treasury to aid religious denominations or sectarian institutions.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1240. By Representatives Lawler of the 20th, Cummings of the 17th and Hensley of the 20th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights for funding under the "Quality Basic Education Act," so as to provide that program weights shall be sufficient funds to make payments to teachers for unused sick leave; to amend Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick and other leave for teachers and other personnel, so as to provide for certain payments to teachers for unused sick leave.
HB 1438. By Representatives Thomas of the 69th, Robinson of the 96th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to change a reference to appeals from decisions of the State Board of Workers' Compensation.
HB 1689. By Representatives Sinkfield of the 37th, Orrock of the 30th, Greene of the 130th, Holcomb of the 72nd, Brooks of the 34th and others:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide a defini tion; to prohibit the Department of Corrections from entering into certain con tracts or making certain expenditures for the construction or use of certain addi tional confinement facilities unless notice thereof is provided to certain members of the General Assembly.
HB 1851. By Representatives Coleman of the 118th, Parham of the 105th, Parrish of the 109th and Lee of the 72nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protec tion, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare; to provide a short title.

1374

JOURNAL OF THE SENATE

HB 1794. By Representatives Johnson of the 123rd, Holcomb of the 72nd, Long of the 142nd, Watts of the 41st and Dover of the llth:
A bill to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to repeal mandatory closed seasons on oysters and clams; to provide for closed seasons.
HB 337. By Representative Groover of the 99th:
A hill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to abolish the State Board of Equalization; to repeal certain provisions for the return and assessment of public utility property for ad valorem school tax purposes, thereby providing for the return and assessment of such property in the same manner as other tangible property.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 337. By Representative Groover of the 99th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to abolish the State Board of Equalization; to repeal certain provisions for the return and assessment of public utility property for ad valorem school tax purposes, thereby providing for the return and assessment of such property in the same manner as other tangible property. Referred to Committee on Banking and Finance.
HB 503. By Representatives Brown of the 88th, Martin of the 26th, White of the 132nd and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for comprehensive regula tion of the disclosure to state employees of known and suspected health hazards of hazardous chemicals and substances; to provide for a short title. Referred to Committee on Governmental Operations.
HB 1001. By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation". Referred to Committee on Appropriations.
HB 1240. By Representatives Lawler of the 20th, Cummings of the 17th and Hensley of the 20th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights for funding under the "Quality Basic Education Act," so as to provide that program weights shall be sufficient funds to make payments to teachers for unused sick leave; to amend Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick and other leave for teachers and other personnel, so as to provide for certain payments to teachers for unused sick leave. Referred to Committee on Education.
HB 1292. By Representative Prichard of the 8th:
A bill to amend Code Section 24-10-25 of the Official Code of Georgia Annotated, relating to enforcement of subpoenas, so as to provide that subpoenas may be

THURSDAY, FEBRUARY 25, 1988

1375

enforced by attachment for contempt as provided in paragraph (5) of Code Sec tion 15-6-8.
Referred to Committee on Judiciary.
HB 1438. By Representatives Thomas of the 69th, Robinson of the 96th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to change a reference to appeals from decisions of the State Board of Workers' Compensation.
Referred to Committee on Industry and Labor.
HB 1548. By Representative Pettit of the 19th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess vehicle weights and dimensions, so as to authorize the issuance of special permits for oversized loads for vehicles transporting cer tain commodities on all roads and without regard to whether the load can be dismantled or separated. Referred to Committee on Transportation.
HB 1554. By Representatives Smyre of the 92nd, Dover of the llth, Kilgore of the 42nd, Benn of the 38th, Lawson of the 9th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, so as to change the length of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities. Referred to Committee on Banking and Finance.
HB 1561. By Representatives Clark of the 20th, Williams of the 48th, Pannell of the 122nd and others:
A bill to amend Code Section 16-8-19 of the Official Code of Georgia Annotated, relating to conversion of leased personal property, so as to change certain penalty limits.
Referred to Committee on Special Judiciary.
HB 1615. By Representatives Jackson of the 83rd, Barnett of the 10th and Lane of the lllth:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide for the disposition of certain personal property in the custody of law enforcement agen cies, to provide for the return of property used as evidence in criminal proceed ings to the rightful owner of such property after final conviction of the defendant. Referred to Committee on Special Judiciary.
HB 1689. By Representatives Sinkfield of the 37th, Orrock of the 30th, Greene of the 130th and others:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide a defini tion; to prohibit the Department of Corrections from entering into certain con tracts or making certain expenditures for the construction or use of certain addi-

1376

JOURNAL OF THE SENATE

tional confinement facilities unless notice thereof is provided to certain members of the General Assembly. Referred to Committee on Corrections.
HB 1714. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification by the State Board of Education of professional per sonnel employed in the public schools of Georgia, so as to provide for fees to be paid by applicants for certification or renewal. Referred to Committee on Education.
HB 1717. By Representative Thomas of the 69th:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation and suspension of sentences, generally, so as to provide for transferring certain probationers from one judicial circuit to another. Referred to Committee on Corrections.
HB 1743. By Representative Twiggs of the 4th:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles, so as to provide that all officially marked law enforcement vehicles shall not be required to have a permit for the use of a blue light. Referred to Committee on Public Safety.
HB 1780. By Representatives Lupton of the 25th, Townsend of the 24th, Martin of the 26th and others:
A bill to amend an Act creating a county-wide library system in Fulton County, so as to reconstitute the membership of the library board of trustees. Referred to Committee on Urban and County Affairs.
HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes. Referred to Committee on Banking and Finance.
HB 1787. By Representative Sinkfield of the 37th:
A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to change certain requirements for urban enterprise zones for resi dential purposes. Referred to Committee on Urban and County Affairs.
HB 1794. By Representatives Johnson of the 123rd, Holcomb of the 72nd, Long of the 142nd and others:
A bill to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to repeal mandatory closed seasons on oysters and clams; to provide for closed seasons. Referred to Committee on Natural Resources.

THURSDAY, FEBRUARY 25, 1988

1377

HB 1819. By Representative Ray of the 98th:
A bill to provide conditions under which the board of education of Crawford County will be authorized to hold regular and other meetings at locations within the county instead of at the county seat. Referred to Committee on Urban and County Affairs.
HB 1820. By Representative Ray of the 98th: A bill to grant to the Probate Court of Crawford County jurisdiction over viola tions of ordinances of Crawford County; to provide for a prosecuting attorney and for practices and procedures.
Referred to Committee on Urban and County Affairs.
HB 1821. By Representative Smith of the 16th: A bill to amend an Act creating a new charter for the City of Rome, so as to provide for an additional member of the board of education.
Referred to Committee on Urban and County Affairs.
HB 1836. By Representative Peters of the 2nd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, so as to change the method of selection of the members of the board.
Referred to Committee on Urban and County Affairs.
HB 1845. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to continue the City of Pelham public school system and the board of education therefor. Referred to Committee on Urban and County Affairs.
HB 1846. By Representatives Pannell of the 122nd and Childers of the 15th: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, so as to authorize the Compos ite State Board of Medical Examiners to require applicants for licensure to at tend a seminar as a condition to the issuance of a license.
Referred to Committee on Governmental Operations.
HB 1848. By Representatives Bishop of the 94th, Benn of the 38th, Couch of the 40th and others:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain counties and municipalities. Referred to Committee on Consumer Affairs.
HB 1849. By Representatives Orrock of the 30th, McKinney of the 35th and Martin of the 26th: A bill to create the Atlanta Market for Georgia Farm Products Authority; to provide for a short title.
Referred to Committee on Urban and County Affairs.

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HB 1851. By Representatives Coleman of the 118th, Parham of the 105th, Parrish of the 109th and Lee of the 72nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protec tion, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare; to provide a short title. Referred to Committee on Natural Resources.
HB 1866. By Representative Heard of the 43rd:
A bill to amend an Act providing a city charter for the City of Fayetteville in the County of Fayette, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1867. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act establishing the Tift County Airport Authority, so as to change the name of such authority. Referred to Committee on Urban and County Affairs.
HB 1872. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of popula tion bills.
Referred to Committee on Urban and County Affairs (General).
HB 1873. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to meetings of the board.
Referred to Committee on Urban and County Affairs.
HB 1874. By Representatives Clark of the 20th, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. Referred to Committee on Urban and County Affairs.
HR 587. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, McDonald of the 12th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a State Housing Trust Fund and to pro vide for funding for such fund and to provide that the funds in such fund shall not lapse and shall not be subject to the prohibition against using money in the state treasury to aid religious denominations or sectarian institutions.
Referred to Committee on Appropriations.

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1379

HR 665. By Representatives Dover of the llth, Kilgore of the 42nd, Lawler of the 20th and Milford of the 13th: A resolution proposing an amendment to the Constitution so as to provide that the membership of the State Board of Education shall consist of one member from each congressional district in the state who shall be elected by the voters of each congressional district and who shall serve staggered terms of office of six years.
Referred to Committee on Education.
The Governor this day informed the Senate that he had vetoed the following Sections of HB 1267, a bill amending an Act providing for appropriations for the State Fiscal Year 1987-1988:
Section 55, Paragraph 5: "It is the intent of this General Assembly to maintain, as a minimum, subject to authorization by the Office of Planning and Budget, the same level of direct treatment staff in the extended care and forensic programs of the MH-MR-SA insti tutions for fiscal year 1988 that was authorized in fiscal year 1987."
Section 68: "No state funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommuni cations Network either directly or indirectly."
Section 72: "There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act."
The following report of the Committee on Enrolling and Journals was read by the Secretary:
Mr. President:
The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 475.
Respectfully submitted, /s/ Ed Barker, Chairman
Senator, District 18
Senator Allgood of the 22nd moved that the Senate stand in recess until 9:00 o'clock P.M. and thereafter stand adjourned until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:50 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess until 9:00 o'clock P.M. and thereafter stand adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, February 26, 1988
Thirty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitutes to the following bills of the House:
HB 1504. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others: A bill to increase the amount of the homestead exemption from county school district ad valorem taxation, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the Gwinnett County school district actually occupied by the owner as a residence and homestead.
HB 768. By Representative Ramsey of the 3rd: A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to redefine the offense of felony-bail jumping; to redefine the offense of misde meanor-bail jumping; to delete certain requirements relating to mailing of notices.
HB 1711. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th: A bill to provide that future school superintendents of the Houston County School District shall be appointed by the board of education rather than elected.
HB 1633. By Representatives Thompson of the 20th, Clark of the 20th, Hensley of the 20th, Isakson of the 21st, Atkins of the 21st and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators; to change the number of assistant district attorneys; to change the provisions relative to the compensation of the chief investigator.
The House has agreed to the State amendments to the following bills of the House:
HB 1623. By Representative Dunn of the 73rd: A bill to amend Code Section 45-18-14 of the Official Code of Georgia Annotated, relating to deductions from compensation and benefits of share of cost of cover age under health insurance plan of state employees and payment of contributions to health insurance fund by departments, boards, and agencies of state govern ment, so as to change the method of computing contributions.

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1381

HB 1519. By Representative Groover of the 99th:
A bill to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for persons authorized to operate vehicles by nonprofit agencies contracting with the Department of Human Resources, so as to change the definition of "nonprofit agencies" to include subcontractors involved in the delivery of services.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 270. By Senators Foster of the 50th, Barnes of the 33rd, McKenzie of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the office of commissioner of education in place of the office of State School Su perintendent and for the appointment of said commissioner of education by the State Board of Education and for other matters relative to the foregoing; to pro vide for the submission of this amendment for ratification or rejection.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 1505. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others:
A bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to re tire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead.
The Speaker has appointed on the part of the House, Representatives Bannister of the 62nd, Wall of the 61st and Pittman of the 60th.
The House recedes from its position in disagreeing to the Senate substitute to the fol lowing bill of the House:
HB 1234. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discre tion, to deregulate or not provide a tariff on certain services of telecommunica tions companies.
The House has adopted the report of the 3rd Committee of Conference on the following resolution of the Senate:
SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

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The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 652. By Senator Dawkins of the 45th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to provide for the salary and compensation of the official court reporters of said circuit; to provide for related matters.
The House has disagreed to the Senate substitutes to the following bills of the House:
HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.
HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fish ing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses.
The House has disagreed to the Senate amendment to the House amendment to the following bill of the Senate:
SB 245. By Senator Broun of the 46th:
A bill to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.
The following bill of the Senate was introduced, read the first time and referred to committee:
SB 682. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan nomination and election of the chief magis trate of the Magistrate Court of Fannin County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for an effective date. Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following resolution and bill of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

FRIDAY, FEBRUARY 26, 1988

1383

SR 423. Do pass. HB 1806. Do pass.

Respectfully submitted, Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 1355. Do pass.
HB 1434. Do pass.
HB 1363. Do pass.

Respectfully submitted, Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 816. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:
The Committee on Human Resources has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 386. Do pass by substitute. HB 1216. Do pass by substitute.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Industry and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 1413. Do pass.
Respectfully submitted, Senator Dawkins of the 45th District, Chairman
Mr. President:
The Committee on Insurance has had under consideration the following resolution and bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

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SR 409. HB 1268. HB 1489. HB 1589.

Do pass. Do pass by substitute.

HB 1590. Do pass. HB 1671. Do pass as amended.

Do pass as amended.

HB 1747. Do pass.

Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1527. Do pass as amended.
Respectfully submitted.
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1333. Do pass.

HB 1660. Do pass by substitute.

HB 1528. Do pass. HB 1612. Do pass.

HB 1731. Do pass. HB 1732. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 250. Do pass by substitute. HB 1674. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 703. Do not pass. HB 704. Do pass by substitute.

HB 1213. Do pass. HB 1779. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

FRIDAY, FEBRUARY 26, 1988

1385

Mr. President:

The Committee on Transportation has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 71. Do pass as amended.

Respectfully submitted, Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 680. Do pass.

HB 1784. Do pass.

SB 681. Do pass.

HB 1789. Do pass.

HB 1089. Do pass.

HB 1805. Do pass.

HB 1156. Do pass.

HB 1809. Do pass.

HB 1184. Do pass. HB 1766. Do pass.

HB 1810. Do pass. HB 1822. Do pass.

HB 1775. Do pass.

HB 1823. Do pass.

HB 1783. Do pass.

Respectfully submitted, Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 606. By Senator Edge of the 28th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetu ities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created; to provide for reformation of a disposition which violates the uniform statutory rule against perpetuities.

SR 394. By Senators Coverdell of the 40th and Howard of the 42nd:
A resolution urging the State Department of Transportation to abandon the proj ect known as the "Presidential Parkway".

SR 402. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others:
A resolution creating the Senate State Parks System Study Committee.

SR 415. By Senators Harrison of the 37th, Newbill of the 56th, Ragan of the 32nd and Barnes of the 33rd:
A resolution creating the Joint Cobb County Study Committee.

HB 430. By Representatives Benn of the 38th, Thomas of the 31st, Bostick of the 138th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to substantially and completely revise and

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supersede laws dealing with discrimination in the selling, leasing, and financing of housing.
HB 1282. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to change the provisions relating to annual regis tration and licensing of motor common carriers and motor contract carriers oper ated under a certificate or permit.
HB 1308. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to Georgia National Guard license plates, so as to authorize a distinctive license plate for retired members of the Georgia National Guard.
HB 1342. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.
HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Edwards of the 112th and others:
A bill to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.
HB 1395. By Representatives Colwell of the 4th, Greene of the 130th, Foster of the 6th, Cox of the 141st and Johnson of the 72nd:
A bill to amend Code Section 50-22-7 of the Official Code of Georgia Annotated, relating to exemptions from the requirements of Chapter 22 of Title 50 concern ing managerial control over acquisition of professional services, so as to exempt the State Properties Commission from the provisions of such chapter.
HB 1497. By Representatives Isakson of the 21st, Watson of the 114th, Pannell of the 122nd, Groover of the 99th, Williams of the 48th and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to pro vide that advertising a telephone number which when called automatically im poses a per-call charge or cost to the consumer, other than regular charges for long-distance telephone service, shall be unfair or deceptive practice unless the advertisement contains certain information.
HB 1563. By Representatives Coleman of the 118th, Alford of the 57th, Crawford of the 5th and others:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to hazardous waste; to revise the powers and du ties of the director of the Environmental Protection Division as to hazardous waste generally.

FRIDAY, FEBRUARY 26, 1988

1387

HB 1570. By Representative Crawford of the 5th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide for restricted driving permits; to provide conditions under which such per mits may be issued; to provide for revocation of such permits.
HB 1626. By Representatives Colwell of the 4th, Foster of the 6th, Jackson of the 83rd and Greene of the 130th:
A bill to amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission generally, so as to authorize the commission to provide or perform acquisition related ser vices to or for state agencies, state authorities, and other instrumentalities of the state.
HB 1694. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to provide that the Department of Natu ral Resources shall report annually to the General Assembly the number of deer killed in a season.
HB 1768. By Representatives Groover of the 99th and Triplett of the 128th:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, and Chapter 8 of Title 32 of the Official Code of Georgia Annotated, relating to relocation assistance, so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
HB 1769. By Representatives Groover of the 99th and Triplett of the 128th:
A bill to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to change the definition of the terms "relocation assistance" and "revenue bonds"; to change the powers of the authority; to provide for compliance with federal law.
HR 621. By Representative Mobley of the 64th:
A resolution consenting to the annexation of certain state owned real property located in Barrow County into the municipal limits of the City of Winder.
HR 707. By Representative Coleman of the 118th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant the City of Helena an easement upon and under certain real property owned by the State of Georgia in Telfair County, Georgia, for the construction, operation, maintenance, repair, and improvement of certain water service facilities.
HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others:
A resolution relative to the acquisition of certain state property in Atlanta, Fulton County, Georgia, near the World Congress Center, to provide for expan sion and a major sports complex; to provide requirement of certain guidelines for protection of the state's interest.

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HR 756. By Representatives Triplett of the 128th and Pannell of the 122nd: A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia in Chatham County, Georgia, to Chat ham County, Georgia.
HR 794. By Representative Ramsey of the 3rd:
A resolution designating the B. T. Parks Memorial Bridge.
HR 799. By Representatives Wilson of the 20th, Clark of the 20th, Hensley of the 20th and others:
A resolution authorizing the State Properties Commission to negotiate a new lease with the City of Marietta, Georgia, combining two current lease agreements on three tracts of certain state owned real property in Cobb County, Georgia.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bowen
Burton Coverdell Crumbley Dawkins Edge English

Engram Garner Harris
Harrison Hine
Hudgins Huggins Kennedy Kidd Lad McGill Newbill Olmstead

Perry Phillips Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Starr Taylor Timmons Turner Tysinger

Those not answering were Senators:

Barnes Coleman
P. a Echols Fincher

Foster Gillis
Howard Johnson Langford

McKenzie Peevy
Stumbaugh Tate (excused) Walker

Senator Shumake of the 39th introduced the chaplain of the day, Reverend William V. Guy, pastor of the Friendship Baptist Church, Atlanta, Georgia, who offered scripture read ing and prayer.

The following resolution of the Senate was read and adopted:

SR 433. By Senators Bryant of the 3rd, Echols of the 6th and Perry of the 7th:
A resolution recognizing Brunswick, Georgia, as the birthplace of Brunswick stew.

FRIDAY, FEBRUARY 26, 1988

1389

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, February 26, 1988
THIRTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 680 Harrison, 37th Ragan, 32nd Barnes, 33rd Newbill, 56th Cobb County
Changes compensation of judges of second division of State Court of county; provides an effective date.
SB 681 Echols, 6th Pierce County
Provides that future school superintendents of county school district shall be appointed by the board of education rather than elected; provides for all re lated matters.
HB 1089 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Newbill, 56th Fulton County
Completely and exhaustively revises, supersedes, consolidates, and replaces all of the laws and amendments thereto pertaining to the Fulton County Per sonnel Board and the Fulton County Merit System of Personnel Administra tion; changes the provisions relating to procedures for disciplinary actions.
HB 1156 Engram, 34th Garner, 30th Douglas County Dean, 31st Haralson County Polk County Paulding County
Creates the West Georgia Regional Water authority and authorizes such au thority to acquire or construct a regional water supply reservoir, operates and maintains self-liquidating projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and municipal corporations.
HB 1184 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th

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Coverdell, 40th Howard, 42nd Stumbaugh, 55th Newbill, 56th City of Fairburn Fulton County Establishes a charter for city; changes corporate limits of such municipality.
HB 1766 Bowen, 13th Turner County Provides for election of members of the Board of Education of county; changes the provisions relating to regular meetings of the board.
HB 1775 Huggins, 53rd Fincher, 54th Catoosa County Creates the office of Commissioner of county; provides for a board.
HB 1783 Ray, 19th City of Douglas Coffee County Provides a $10,000.00 homestead exemption from city of Douglas ad valorem taxes for residents of that city who are age 65 years or over and who have adjusted gross income not exceeding $10,000.00.
HB 1784 Deal, 49th City of Gainesville Hall County Changes name of the Gainesville Area Park Commission; increases the mem bership of the commission; provides for the identity of the membership of the commission.
HB 1789 Fincher, 54th Huggins, 53rd Catoosa County Increases clerical help allowance of the judge of the Probate Court.
HB 1805 Kennedy, 4th Candler County Changes compensation of the secretary of the solicitor of that court; provides an effective date.
HB 1809 Land, 16th Marion County Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods.
HB 1810 McKenzie, 14th City of Butler Taylor County Provides a new charter for city; provides for incorporation boundaries, and powers of the city; provides for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, com-

FRIDAY, FEBRUARY 26, 1988

1391

pensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.

HB 1822 Johnson, 47th Madison County
Provides for election and terms of office of a five-member Board of Commis sioners.

HB 1823 Johnson, 47th Madison County
Provides for the Board of Education.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bwen rBB. rroanunnon Burton Coverdell Crumbley
Dawkins Dean Edge English

Engram Fincher Garner Harris Harrison HuHmoweardj Hudgins Huggins Johnson
Kennedy Kidd Land McGill

McKenzie Newbill Perry Phillips R of I0th RnRagan oef 3oo2ndA TMy Scott of 36th Stumbaugh
Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Bryant Coleman Deal Echols

Foster Gillis Langford Olmstead Peevy

Scott Shumake Starr Tate (excused) Walker

On the passage of all the local bills, the yeas were 41, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Friday, February 26, 1988
THIRTY-FOURTH LEGISLATIVE DAY HB 1724 Ticket Scalping--certain authorized service charges (C Aff--25th) HB 1460 Taking of Certain Species of Fish--regulate (Substitute) (Nat R--3rd) HB 1472 Special Purpose County Sales Tax--relating to repeal of Article 3 (Substitute)
(B&F--15th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)

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HB 1160 Insurance Premium Taxes--date of collection, distribution (Substitute) (Amend ment) (B&F--15th)
HB 1594 Abandoned Cemeteries--authorize counties preserve (U&CA G--32nd) HB 1407 Acts of Family Violence--arrests (C&Y--56th) HB 382 Teachers Retirement--reestablish creditable service when contribution with
drawn (Ret--19th) HB 841 Findings of Fact by Agency--underlying facts statement (Gov Op--25th) HB 1339 State Housing Trust Fund--create (B&F--15th) HB 1488 Community Education and Development Act--provide (U&CA G--33rd) HB 1455 Intangible Tax Exemptions--certain financial institutions stock (B&F--15th) SR 360 Joint Study Committee on Aging--create (Hum R--44th) HR 549 Kenneth McCarthy Bridge--designate (Trans--6th) HR 551 Moore's Mill Bridge--designate (Trans--27th) HR 578 Hamilton County--conveyance of certain state owned property (Pub U--53rd) HR 585 Gordon County--conveyance of certain state owned property (Pub U--51st) HR 590 Jasper T. Copelan Bridge--designate (Trans--24th) HR 619 Big Haynes and Alcovy Watershed Protection Study Committee--create (Nat
R--45th) HR 631 Bust of James H. "Sloppy" Floyd--in Floyd Building (D&VA--3rd) HR 653 Quitclaim Deed to Dalton--release limits on use of property (Pub U--54th) HR 659 Export Finance Fund--agricultural commodities exported (B&F--15th) HR 661 Motor Fuel Federal Excise Tax--urge Congress to take certain action (B&F--
20th) HR 702 Gordon County--leasing of certain state property (Pub U--51st) HR 708 Chieftains Trail--designate certain roads, highways (Substitute) (Trans--52nd)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.) HR 747 Savannah River Scenic Highway--designate (Trans--1st)
Respectfully submitted, /s/ Nathan Dean
Dean of the 31st, Chairman Senate Rules Committee
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th: A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.
Senator Scott of the 2nd moved that the Senate insist upon the Senate substitute to HB 1365.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1365.

FRIDAY, FEBRUARY 26, 1988

1393

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1724. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry.
Senate Sponsor: Senator Kidd of the 25th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Edge

English Engram Fincher Garner Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford

Those not voting were Senators:

McGill Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Taylor Timmons Turner Tysinger

Baldwin Barker Broun Echols Foster

Gillis Johnson McKenzie Peevy Ray

Scott of 2nd Stumbaugh Tate (excused) Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1460. By Representatives Triplett of the 128th and Johnson of the 123rd:
A bill to amend an Act approved March 31, 1986, which Act amended Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, so as to regulate

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the taking of certain species of fish, so as to delete provisions relating to the automatic repeal of certain provisions relating to certain species.
Senate Sponsor: Senator Bryant of the 3rd.

The Senate Committee on Natural Resources offered the following substitute to HB 1460:

A BILL
To be entitled an Act to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish in general, so as to change provisions relating to mini mum size limits for the taking and possession of certain species of fish; to amend an Act approved March 31, 1986 (Ga. L. 1986, p. 504), which Act amended said article by regulat ing the taking of certain species of fish, so as to delete provisions relating to the automatic repeal of certain provisions relating to certain species; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish in general, is amended by striking subsections (f) and (g) of Code Section 274-11, relating to size limits, and inserting in their place new subsections to read as follows:
"(f) It shall be unlawful to take or have in possession from any salt waters any red drum, commonly known as spot-tail bass or channel bass, less than 14 inches in length ex cept that on and after July 1, 1990, this subsection shall cease to be effective and there shall be no minimum size limit for red drum.
(g) It shall be unlawful to take or have in possession from any salt waters any spotted sea trout, also known as winter trout or speckled trout, less than 12 inches in length except that on and after July 1, 1990, this subsection shall cease to be effective and there shall be no minimum size limit for spotted sea trout."
Section 2. An Act approved March 31, 1986 (Ga. L. 1986, p. 504), which Act amended said article by regulating the taking of certain species of fish, is amended by repealing in its entirety Section 4 which reads as follows:
"Section 4. Paragraph (4) of Code Section 27-4-10 (relating to creel and possession lim its) and subsections (f) and (g) of Code Section 27-4-11 (relating to size limits) shall stand repealed in their entirety on June 30, 1988."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean

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1395

Edge English Engram Fincher Garner Gillis Harris Harrison Hine Howard
Huggins

Johnson Kennedy Kidd Land McGill Newbill Olmstead Peevy Perry Phillips
Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner
Tysinger

Those not voting were Senators:

Broun Echols Foster

Hudgins Langford McKenzie

Tate (excused) Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the House, having been read the third time and final ac tion suspended on February 25, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st and others:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.

The substitute to HB 1472 offered by Senator Barnes of the 33rd on February 25, as it appears in the Journal of February 25, was automatically reconsidered and put upon its adoption.

Senators Hudgins of the 15th and Land of the 16th offered the following amendment:
Amend the substitute to HB 1472 offered by Senator Barnes of the 33rd by adding after the first semicolon on line 9 of page 1 the following:
"to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to local option sales and use taxation, so as to authorize an increase in the rate of taxation under certain circumstances;".
By renumbering Sections 5 and 6 as Sections 6 and 7 respectively and inserting a new Section 5 to read as follows:
"Section 5. Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to local option sales and use taxation, is amended by adding after Code Section 488-82 a new Code Section 48-8-82.1 to read as follows:
'48-8-82.1. Notwithstanding any other contrary provision of this chapter, if the tax au thorized by this article is in effect in the special district coterminous with a county and if no other local sales or sales and use tax is in effect in such county, then the governing authority of the county coterminous with the special district may one time increase the rate of tax imposed under this article from 1 percent to 2 percent for a period of one year. Such in-

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creased tax rate shall become effective on the first day of the next succeeding calendar quar ter which begins more than 80 days after the adoption of the resolution or ordinance impos ing the increased tax rate. The proceeds of the increased tax shall be divided in the same proportions as the original tax. Upon the termination of the one-year period the tax rate shall revert to 1 percent.'"

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

Senators Phillips of the 9th and Coverdell of the 40th offered the following amendment:
Amend the substitute to HB 1472 offered by Senator Barnes of the 33rd by striking on page 13, line 20, beginning with the word "likewise" through line 25, the word "voters".

On the adoption of the amendment, the yeas were 15, nays 27, and the amendment was lost.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger

Voting in the negative was Senator Burton.

Those not voting were Senators:

Bowen Coleman Foster

Langford Scott of 36th

Tate (excused) Walker

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Scott of the 2nd introduced Honorable Jesse Jackson, a Democratic candidate for President of the United States, who briefly addressed the Senate.

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1397

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1160. By Representative Kilgore of the 42nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes on insurance companies, so as to change the date of collection and distribution of insurance premiums taxes; to require revenues re ceived by a county to be expended on services to inhabitants of the unincorpo rated areas of the county.
Senate Sponsor: Senator Hudgins of the 15th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 4, 1988

SUBJECT: Fiscal Note--House Bill 1160 (Committee Substitute) (LC 14 4997S) Changes in County and City Insurance Premium Taxes Provisions

This substitute Bill would change provisions relating to the imposition of insurance premium taxes by counties and cities. The requirements that the Insurance Commissioner provide (by June 15th each year) all concerned counties and cities with statements of the estimated money each is expected to receive from premium taxes on life insurance compa nies and premium taxes on insurance companies other than life insurance companies would be eliminated. The Insurance Commissioner would be required to collect such taxes on or before August 1st rather than October 15th and to distribute such taxes (and delinquent taxes and interest from a prior year) on or before October 15th rather than December 15th. In addition, provisions requiring that the insurance premium taxes received by a county are to be used to reduce the ad valorem taxes of the inhabitants of unincorporated areas, and that these taxes should also be included in any tax cap computations, would be changed to provide that such taxes would be required to be used to provide county services to inhabi tants of unincorporated areas.

This Bill would have no fiscal impact on state revenues. The Department of Insurance has indicated that this Bill will not result in any additional administrative cost or adminis trative cost savings. The administrative cost savings resulting from elimination of the cur rently required collection estimate statements would be offset by the additional administra tive costs involved with moving up the collection and distribution dates.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Banking and Finance offered the following substitute to HB 1160:

A BILL To be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia

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Annotated, relating to fees and taxes on insurance companies, so as to change the date of collection and distribution of insurance premiums taxes; to delete certain provisions requir ing the Commissioner to provide certain estimated revenue statements to certain cities and counties; to change provisions relating to effect on certain county tax caps; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes upon insurance companies, is amended by striking Code Section 33-8-8.1, relating to county and municipal taxation of life insurance companies, Code Section 33-88.2, relating to county and municipal taxation of other insurance companies, and Code Sec tion 33-8-8.3, relating to reduction of ad valorem taxes in unincorporated areas, and in serting in their place new Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3 to read as follows:
"33-8-8.1 (a) As used in this Code section, the term 'life insurance company' means a company which is authorized to transact only the class of insurance designated in Code Section 33-3-5 as class (1).
(b) Life insurance companies are subject to county and municipal corporation taxes levied as follows:
(1) There is imposed a county tax for county purposes on each life insurance company doing business within the state, which tax shall be based solely upon gross direct premiums, as defined in Code Section 33-8-4, which are received during the preceding calendar year from policies insuring persons residing within the unincorporated area of the counties pur suant to the provisions of this Code section. The rate of such tax shall be 1 percent of such premiums, except that such tax shall not apply to the gross direct premiums of an insurance company which qualifies, pursuant to Code Section 33-8-5, for the reduction to one-half of 1 percent of the state tax imposed by Code Section 33-8-4. The tax imposed by this Code section shall not apply to annuity considerations; and
(2) Municipal corporations whose ordinances have been filed with the Commissioner are authorized to impose a tax on each life insurance company doing business within the state, which tax shall be based solely upon the gross direct premiums, as defined in Code Section 33-8-4, which are received during the preceding calendar year from policies insuring persons residing within the corporate limits of the municipal corporation pursuant to the provisions of this Code section; provided, however, that the rate of the tax may not exceed 1 percent of the premiums. The tax imposed shall not apply to annuity considerations.
(c) (1) On March 1, 1984, and on that date in each subsequent year, each life insurance company shall file a certified return on a form prescribed by the Commissioner showing gross direct premiums received during the preceding calendar year that will appear in the company's certified annual statement.
(2) Reserved.
(3) On or before August 1, 1988, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to subsection (b) of this Code section on behalf of counties and municipal corporations whose ordinances have been filed with the Commissioner. The tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Penalty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpay ment of such taxes.
(d) Taxes imposed by subsection (b) of this Code section shall be allocated and distrib uted to counties and municipal corporations as follows:
(1) A portion of the total amount of life insurance premiums taxable by the state, exclu sive of premiums collected by companies which qualify for the reduction to one-half of 1 percent of the state tax, shall be allocated to counties based upon the ratio that the total population of all unincorporated areas in the state bears to the total population in the state. The amount of the tax base so allocated to counties shall be taxed at the rate levied for

FRIDAY, FEBRUARY 26, 1988

1399

county purposes. The tax shall be distributed to each county governing authority by the Commissioner based upon a fraction, the numerator of which is the population of the unin corporated area of that county and the denominator of which is the population of all unin corporated areas of the state; and
(2) A portion of the total amount of life insurance premiums taxable by the state shall be allocated to all municipal corporations based upon the ratio that the total population of all municipal corporations bears to the total state population. The amount of the tax base so allocated to municipalities shall be distributed to each municipal corporation based upon the fraction, the numerator of which is the population of that municipal corporation and the denominator of which is the population of all municipal corporations in the state. The amount of the tax base so distributed to each municipality shall be taxed at the rate levied by that municipality; and taxes levied by each municipal corporation shall be distributed based upon the tax rate levied by each such municipal corporation.
(e) On or before January 1 of the first year that the tax is levied, each municipal corpo ration levying the tax shall file with the Commissioner a certified copy of the pertinent parts of all ordinances and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance. On or before February 1 of each year the Commissioner shall furnish a list of all municipal corporations levying the tax for that year to each life insurance company in the state.
(f) Life insurance companies may deduct from premium taxes otherwise payable to this state under Code Section 33-8-4, in addition to all credits and abatements allowed by law, the taxes imposed pursuant to subsection (b) of this Code section and paid to the Commis sioner on behalf of any county and municipal corporation during the preceding calendar year.
(g) On or before October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute the taxes imposed by counties and municipal corporations which are actually remitted to and collected by the Commissioner. On or before October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute any delinquent taxes actually collected by the Commissioner for a previous year, exclusive of any interest or penalty on such delinquent taxes, which delinquent taxes have not previ ously been distributed.
(h) Amounts collected by the Commissioner under or due under former Code Section 33-8-8.1 shall be collected and disbursed as provided in former Code Section 33-8-8.1.
(i) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any additional official census data received by the Commissioner from the United States Census Bureau or its successor agency pertaining to any newly incorporated municipality.
33-8-8.2. (a) Counties and municipal corporations are authorized to levy tax at a rate not to exceed 2.5 percent upon the gross direct premiums of all foreign, alien, and domestic insurance companies doing business in this state other than life insurance companies. The tax shall be in addition to the taxes levied by Code Section 33-8-4, and it may be levied upon the gross direct premiums received by such companies during the preceding calendar year. The tax shall be levied upon premiums derived from policies insuring persons, prop erty, or risks in Georgia from January 1 to December 31, both inclusive, of each year with out regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received during the preceding calendar year from direct writing with out any deductions allowed from premium abatement of any kind or character or for rein surance or for losses or expenses of any kind; provided, however, deductions shall be allowed for premiums returned or change of rate or canceled policies; provided, further, that deduc tions shall be permitted for returned premiums or assessments, including all policy divi dends, refunds, or other similar returns paid or credited to policyholders.

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(b) The taxes provided in this Code section are county and municipal taxes and shall be levied for county and municipal purposes and shall be collected and distributed as follows:
(1) On or before January 1 of the first year that the tax is levied, each county and municipal corporation levying the tax shall file with the Commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance or resolution;
(2) On or before February 1 of each year, the Commissioner shall furnish to each insur ance company a list of all counties and municipal corporations where the tax as authorized by this Code section has been imposed for the then current year together with the applica ble tax rate levied by each such county and municipal corporation and the population per centages by which the taxes are to be allocated to each such county and municipal corpora tion as provided in this Code section;
(3) (A) On March 1, 1984, and on the same date in each subsequent year, each insur ance company upon which a tax is imposed by subsection (b) of this Code section shall file a certified return on a form prescribed by the Commissioner showing gross direct premiums received during the preceding calendar year that will appear in the company's certified an nual statement.
(B) Reserved.
(C) On or before August 1, 1988, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to this Code section on behalf of coun ties and municipal corporations whose ordinances have been filed with the Commissioner. The premiums tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Penalty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpayment of such taxes;
(4) The total amount of premiums taxable by the state on insurance companies as de fined in this Code section shall be allocated to each county unincorporated area and each municipal corporation based upon a fraction, the numerator of which is the population of the unincorporated area or municipal corporation and the denominator of which is the total population of the state. Tax rates levied by each county shall be applied to the premiums allocated to its unincorporated area, and tax rates levied by each municipal corporation shall be applied to the premiums allocated to it; and
(5) On or before October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute the taxes imposed by counties and municipal corporations which are actually remitted to and collected by the Commissioner. On or before October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute any delinquent taxes actually collected by the Commissioner for a previous year, exclusive of any interest or penalty on such delinquent taxes, which delinquent taxes have not previ ously been distributed.
(c) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any additional official census data received by the Commissioner from the United States Census Bureau or its successor agency pertaining to any newly incorporated municipality.
(d) Any county or municipal corporation which, on January 1, 1983, levied a tax on all premiums of insurance companies, other than life insurance companies, at a rate in excess of 2.5 percent may continue to levy the tax at a rate in excess of 2.5 percent, provided that the rate of such tax shall not exceed the rate which was in effect in such county or municipal corporation on January 1, 1983, reduced annually beginning January 1, 1984, by one-third of the difference between such January 1, 1983, rate and 2.5 percent, so that the rate levied on January 1, 1986, shall not exceed 2.5 percent.
33-8-8.3. The proceeds from the county taxes levied for county purposes, as provided by

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1401

this chapter, shall be separated from other county funds and shall be used by county gov erning authorities solely for the purpose of reducing ad valorem taxes of the inhabitants of the unincorporated areas of such counties. In fixing the ad valorem tax millage rate for the year 1984 and any year thereafter, the governing authorities of counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such counties to offset all of the proceeds derived from any tax provided for in this chapter."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Hudgins of the 15th offered the following amendment:
Amend the substitute to HB 1160 offered by the Senate Committee on Banking and Finance by striking in their entirety lines 15 through 30 on page 9, which read as follows:
"33-8-8.3. The proceeds from the county taxes levied for county purposes, as provided by this chapter, shall be separated from other county funds and shall be used by county governing authorities solely for the purpose of reducing ad valorem taxes of the inhabitants of the unincorporated areas of such counties. In fixing the ad valorem tax millage rate for the year 1984 and any year thereafter, the governing authorities of counties shall be author ized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such counties to offset all of the proceeds derived from any tax provided for in this chapter.",
and inserting in lieu thereof the following:
"33-8-8.3. The proceeds from the county taxes levied for county purposes, as provided by this chapter, shall be separated from other county funds and shall be used by the county governing authorities solely for the purpose of either:
(1) Funding the provision of the following services to inhabitants of the unincorporated areas of such counties:
(A) Police protection, except such protection provided by the county sheriff;
(B) Fire protection, except such protection provided by a volunteer fire department certified pursuant to Article 2 of Chapter 3 of Title 25;
(C) Curbside or on-site residential or commercial garbage and solid waste collection;
(D) Curbs, sidewalks, and street lights; or
(2) Reducing ad valorem taxes of the inhabitants of the unincorporated areas of those counties in which the governing authority of a county does not provide any of the services enumerated in paragraph (1) of this Code section to inhabitants of the unincorporated ar eas. In fixing the ad valorem tax millage rate for the year 1984 and any year thereafter, the governing authorities of such counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such coun ties to offset any of the proceeds derived from any tax provided for in this chapter which can not be expended pursuant to paragraph (1) of this Code section."
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon ^rou" BBuryrtaonnt Coleman
Coverdell Crumbley
Dawkins Deal Dean

Echols Edge English Engram Fincher Garner SlUlS HHaarrrriisson Hine
Howard Hudgins
Huggins Kennedy Kidd

Land McKenzie Newbill Peevy Perry phim Ragan of 10th D*a5*an f,/2,,,,nd, Scott of 2nd
Starr Stumbaugh
Taylor Turner Tysinger

Those not voting were Senators:

Bowen Foster Johnson Langford

McGill Olmstead Ray Scott of 36th

Shumake Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th presented SR 390, adopted previously, to Senator Paul Broun of the 46th, and was joined by Senators Gillis of the 20th and Kidd of the 25th in brief remarks before the Senate eulogizing the late Mrs. Libby Broun.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1594. By Representatives Aiken of the 21st, Clark of the 20th and Atkins of the 21st:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to authorize counties to preserve, maintain, and protect abandoned cemeteries.
Senate Sponsor: Senator Ragan of the 32nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Brannon Broun Bryant

Burton Coverdell Crumbley Dawkins Dean Echols

Edge English Engram Fincher Garner Gillis

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1403

Harris Harrison Hine Johnson Kennedy Kidd Land

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Starr Stumbaugh Taylor Timmons Tysinger

Those not voting were Senators:

Allgood Baldwin BCoowleemnan
Deal
Foster

Howard Hudgins HLaungggfionrsd
McGill
McKenzie

Scott of 36th Shumake T_ate (,excused,),
Turner
Walker

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 652. By Senator Dawkins of the 45th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to provide for the salary and compensation of the official court reporters of said circuit; to provide for related matters.

The House amendment was as follows: Amend SB 652 by striking on line 18 of page 2 "$12,000.00" and inserting in lieu thereof "$10,200.00". By striking on line 19 of page 2 "$500.00" and inserting in lieu thereof "$425.00". By striking on line 20 of page 2 "$500.00" and inserting in lieu thereof "$425.00". By striking on line 2 of page 3 "$6,000.00" and inserting in lieu thereof "$4,000.00". By adding quotation marks at the end of line 5 of page 3. By striking subsection (d) on lines 6 through 12 of page 3 in its entirety.

Senator Dawkins of the 45th moved that the Senate agree to the House amendment to SB 652.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton

Coleman Crumbley Dawkins Dean Echols Edge English Engram Fincher

Garner Gillis Harrison Hine Hudgins Johnson Kennedy Kidd Land

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McKenzie Newbill Perry Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 2nd

Starr Stumbaugh Taylor Tysinger

Those not voting were Senators:

Bowen
Coverdell Deal Foster
Harris Howard

Huggins
Langford McGill Olmstead
Peevy Scott of 36th

Shumake Tate (excused)
Timmons Turner Walker

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 652.

The following local bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 245. By Senator Broun of the 46th:
A bill to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.

Senator Broun of the 46th moved that the Senate adhere to the Senate amendment to the House amendment to SB 245, and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House amendment to SB 245.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Dawkins of the 45th, Broun of the 46th and Johnson of the 47th.

The following general bills of the House, favorably reported by the committees were read the third time and put upon their passage:

HB 1407. By Representatives Steinberg of the 46th, Chambless of the 133rd, Buck of the 95th, Ramsey of the 3rd and Thomas of the 31st:
A bill to amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, so as to change the provisions relating to arrests for acts of family violence and for offenses occurring between certain persons; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to change the definition of the term "family violence".
Senate Sponsors: Senators Barnes of the 33rd and Newbill of the 56th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Dean

Echols Edge English Engram Fincher Garner Gillis Mine Howard Hudgins Johnson
Kennedy Kidd Land

McKenzie Newbill Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd
Starr Stumbaugh Taylor Timmons Turner Tysinger

Voting in the negative was Senator Deal.

Those not voting were Senators:

Bowen Foster Harris Harrison Huggins

Langford McGill Olmstead Peevy

Scott of 36th Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 382. By Representatives Lane of the lllth, Dobbs of the 74th, Coleman of the 118th and others:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with drawn, so as to provide additional authority for the reestablishment of such cred itable service.
Senate Sponsor: Senator Ray of the 19th.

The following actuarial report, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

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SUBJECT: Actuarial Investigation--House Bill 382S (Substitute) (LC 7 6755S) Teachers' Retirement System

This Bill would allow members of the Teachers' Retirement System (TRS) who have withdrawn contributions from the retirement system three times, to reestablish this credita ble service if they have at least 15 years of creditable service and at least ten years of active membership since the last contribution withdrawal. The member would be required to repay the amount of the withdrawn contributions plus two percent interest compounded annually from the date of contribution withdrawal to the date of payment. If enacted, this Bill will
become effective on July 1, 1988.

The following is a summary of the relevant findings of the actuarial investigation for this Bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$ negligible

(2) The amount of annual normal cost which will result from the bill. $ 0

(3) The employer contribution rate currently in effect.

13.28%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

13.28%

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ negligible

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Is/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
^arnes rannon BBuryrtaonnt Coverdell Crumbley Dawkins Deal Echols

Edge English Engram Fincher
Garner Gillis "..m. e Howard Hudgins Johnson Kidd Land

Newbill Peevy Perry Phillips
Ragan of 10th Ragan of 32nd ^ ,, 5 Starr Stumbaugh Taylor Timmons Tysinger

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Those not voting were Senators:

Bowen Br un
Harris Harrison

Muggins Kennedy Langford McGill McKenzie Olmstead

Scott of 2nd Scott of 36th Shumake Tate (excused) Turner Walker

On the passage of the bill, the yeas were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 418. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Hart County; to provide for five members of the board; to provide for elections; to provide for qualifications, terms, and elections procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board.

The House substitute to SB 418 was as follows:

A BILL
To be entitled an Act to create a new board of commissioners of Hart County; to pro vide for five members of the board; to provide for elections; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for qualifications, terms, and elections procedures; to provide for commissioner dis tricts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board; to provide for the powers, duties, and authority of the chairman and members of the board of commissioners; to create the office of county manager and provide for certain duties and powers of such office; to provide guidelines for the selection of a county manager; to provide for practices and proce dures; to provide for the appointment, removal, and compensation of employees and depart ment heads; to provide for compensation restrictions for persons filling certain offices and positions; to provide for the preparation and submission of budgets; to provide for a system of expenditures of county funds; to provide for audits of county finances and financial records; to provide for the specific repeal of certain local Acts; to provide for other matters relative to the foregoing; to create a new board of commissioners of Hart County to consist of a chairman and four other members; to provide for the qualifications of the chairman and other members; to provide for the election of the members of the board and for their terms of office; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for the filling of vacancies; to provide for commissions and bonds; to provide for meetings of the board; to provide for a clerk of the board; to provide for the powers and duties of the board; to provide for all matters relative to the foregoing; to create a new board of commissioners of Hart County to consist of a chairman, a road commissioner, and three other members; to provide for the qualifications of the chairman, the road commissioner, and other members; to provide for the election of the chairman, the road commissioner, and the other members of the board and for their terms of office; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for the filling of vacancies; to pro vide for commissions and bonds; to provide for meetings of the board; to provide for a clerk of the board; to provide for the powers and duties of the chairman, the road commissioner,

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and other members of the board; to provide for all matters relative to the foregoing; to provide when the provisions of this Act shall become effective; to repeal certain specific local laws; to provide for a referendum at which the voters of Hart County shall be given three choices relating to the composition and selection of the governing authority of Hart County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. (a) There is created a board of commissioners of Hart County to consist of five members to be elected as provided in this part. Each candidate for membership on the board shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election.
(b) For the purpose of electing members of the board of commissioners, Hart County is divided into five commissioner districts as follows:
Commissioner District No. 1
Hart County Tract 9902 Those parts of Blocks 101 and 136 outside the corporate limits of Hartwell Blocks 137 through 139, 215, 419, and 420 Tract 9903 That part of Block 124 inside the corporate limits of Hartwell Blocks 125 through 145, 151 through 154, 178 through 180, 182, 204 through 206, 220 through 223, 238 through 245, 249, 255 through 260, 266 through 271, 304, and 305
Commissioner District No. 2
Hart County Tract 9901 Blocks 101 through 144, 401 through 410, 412 through 422, 430, 501 through 512, 516, and 518 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the corporate limits of Hartwell Blocks 155 through 177, 201 through 203, 224 through 232, 234 through 237, and 250 through 254
Commissioner District No. 3
Hart County Tract 9901 Block Group 6 Tract 9902 That part of Block 101 within the corporate limits of Hartwell Blocks 102 through 135 That part of Block 136 within the corporate limits of Hartwell Blocks 401 through 413 and 415 through 418 Tract 9903 Blocks 146 through 150, 207 through 218, and 272
Commissioner District No. 4
Hart County Tract 9901 Block Group 2

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1409

Blocks 301 through 347, 349, 351 through 387, 395, 397 through 399, 411, 423 through 429, 431 through 447, 449, 513 through 515, 517, and 519 through 528
Block Group 7 Tract 9902
Blocks 506 and 507 That part of Block 508 within the corporate limits of Cannon
Commissioner District No. 5
Hart County Tract 9901 Blocks 388 through 390, 392 through 394, 396, and 448 Tract 9902 Blocks 201 through 214, 216 through 243, 250, 301, 414, 421 through 446, and 501 through 505 That part of Block 508 outside the corporate limits of Cannon Blocks 509 through 586 Tract 9903 Blocks 246 through 248, 261 through 265, and 301 through 303
(c) For the purposes of this section:
(1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3) Any part of Hart County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 2. (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner Districts No. 1, 3, and 5. Each such member shall serve for an initial term of office of four years and until his succes sor is elected and qualified. Successors to such members shall serve for terms of office of four years and until their successors are elected and qualified.
(b) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 2 and 4. Each such member shall serve for an initial term of two years and until his successor is elected and qualified. At the general election in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified.
(c) All such elections shall be held and conducted as provided by law for the election of county officers.
(d) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election.
(e) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished.
Section 3. At the first meeting of the board in January of each year, the members of the board shall elect, by majority vote, one of their number as chairman for the ensuing year. In the event the office of the commissioner elected as chairman becomes vacant, the remaining

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commissioners shall, at the next regular meeting, elect one of their number by majority vote as successor who shall serve as chairman for the remainder of the year.
Section 4. Members of the board of commissioners shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The office of county commissioner shall be deemed to be a part-time position.
Section 5. In the event a vacancy occurs in the membership of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special elec tion shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the membership of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of commissioner, as the case may be, for the unexpired term.
Section 6. The members of the board of commissioners of Hart County shall be com missioned by the Governor of Georgia and shall make and subscribe, before any officer au thorized to administer oaths, an oath for the faithful discharge of their duties and to ac count for all funds and property of Hart County coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of Hart County coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes.
Section 7. The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Hart County on the second Monday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.
Section 8. The board of commissioners shall employ a clerk, who, at the board's discre tion, may also serve as the county manager, a road superintendent, and such other person nel as the board deems necessary. All such personnel shall receive the compensation fixed by the board which shall be paid from county funds. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of com missioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The road superintendent shall have such duties and authority as prescribed by the board of commissioners which shall include, but not be limited to, the general supervision of all road and bridge work in Hart County. The chair man of the board of commissioners shall be responsible for supervising and directing the road superintendent in accordance with the policies, resolutions, and ordinances approved by the board. The road superintendent shall meet with the board as it shall direct from time

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to time and at regular meetings to report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects. The clerk and road superintendent before entering on the discharge of their duties shall be required to give bond and take the same oath as required by commis sioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of their duties. The clerk and road superintendent shall hold their offices at the pleasure of the board of commissioners.
Section 9. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper function ing of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof.
Section 10. (a) The chairman of the board of commissioners shall be the presiding of ficer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners shall preside at the meeting.
(b) The chairman of the board of commissioners shall receive a salary of $750.00 per month payable from the funds of Hart County.
(c) The other members of the board shall receive a salary of $450.00 per month payable from the funds of Hart County.
Section 11. (a) There is created the office of county manager of Hart County. The quali fications, method of selection, appointment, term of office, compensation, procedure for re moval or suspension, method of filling vacancies, and other related matters pertaining to the office of county manager shall be provided for by resolution of the board of commissioners of Hart County.
(b) In its discretion, the board of commissioners of Hart County may select a person for the office of county manager solely upon the person's executive and administrative qualifica tions with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office.
(c) The county manager shall be the chief administrative officer of the government of Hart County and shall be charged with carrying out policies adopted by the board or pro vided by law. He shall be responsible to the board of commissioners for the proper and efficient administration of all affairs of the county, except as otherwise provided by law. It shall be the duty of the county manager to:
(1) Exercise control over all departments or divisions of the county which the board of commissioners or chairman of the board of commissioners has heretofore exercised or that may hereafter be created, except the road department and except as otherwise provided in this part;
(2) Keep the board of commissioners fully advised as to the financial condition and needs of the county;
(3) Supervise and direct the official conduct of all appointive county officers and de partment heads, except as may be otherwise provided in this part;
(4) Attend all meetings of the board of commissioners with the right to take part in the discussions, provided that the county manager shall have no vote on any matter or issue before the board of commissioners;
(5) Supervise the performance of all contracts made by any person for work done for Hart County and to supervise and regulate all purchases of materials and supplies for Hart County within such limitations and under such rules and regulations as may be imposed by

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the board of commissioners, provided that the county manager is authorized to make purchases and contracts for the county in amounts not exceeding $2,500.00;
(6) Confer and advise with all other elected or appointed officials of Hart County who are not under the immediate control of the board of commissioners but who receive financial support from the board;
(7) Devote his entire time to the duties and affairs of his office and hold no other office or employment for remuneration while so engaged; and
(8) Perform such other duties as may be required of him by the board of commissioners including the functions of the county clerk and treasurer.
Section 12. The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules, and regula tions, when so adopted, with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding on the county manager. The policies, rules, and regulations so adopted by the board of commissioners shall be carried out, executed, and enforced by the county manager as chief administrative officer of the county, and the board of commissioners shall exercise only those administrative powers which are necessa rily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by the county manager which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the board of commissioners shall be null, void, and of no effect. The following powers are vested in the board of commissioners and reserved for its exclusive jurisdiction:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix the rates of all other charges;
(4) To authorize the incurring of indebtedness;
(5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To authorize contracts and purchases, except as otherwise provided in this part, involving the expenditure of county funds;
(7) To establish, alter, or abolish public roads including establishing, paving, construc tion, and maintenance priorities from time to time, private ways, bridges, and ferries, ac cording to law; provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for sub divisions have been met;
(8) To establish, abolish, or change election precincts and militia districts according to law;
(9) To allow the insolvent lists for the county;
(10) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county or by a commissioner or board of commissioners of the county;
(11) To create and change the boundaries of special taxing districts authorized by law;
(12) To fix the bonds of county officers where same are not fixed by statute;
(13) To enact any ordinances or other legislation the county may be given authority to enact;
(14) To determine the priority of capital improvements;
(15) To call elections for the voting of bonds;

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(16) To exercise all of the power and authority formerly vested by law in the commis sioner and board of finance of Hart County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name desig nated, except such authority or power given to the chairman by the provisions of this part; and
(17) To make purchases in amounts over $2,500.00; provided, however, that, for any purchases in such amounts, advertisements for bids shall be first published for two consecu tive weeks in the official organ of Hart County. Formal, sealed bids, after the advertising has been published, must be obtained on all purchases of $2,500.00 or more. Advertisement and the obtaining of formal, sealed bids may be dispensed with when, in the discretion of the board of commissioners, an emergency exists which will not permit a delay.
Section 13. (a) The county manager shall have authority to appoint and fix the compen sation of the appointive officers and employees of Hart County subject to the following limi tations and requirements:
(1) The person appointed as an officer or employee shall have the qualifications that the office or position calls for when so specified in this part;
(2) The appointment of officers and employees at the department-head level and the compensation fixed by the county manager shall be within budgetary provisions subject to approval or rejection by a majority of the board of commissioners in each and every case;
(3) All appointments shall be in accordance with the civil service merit system laws of Hart County which may now be in force or which may be adopted, when such laws are applicable to such appointments; and
(4) The county attorney, county physician, road superintendent, clerk, and county audi tor shall be appointed by and shall serve at the pleasure of the board of commissioners and their compensation shall be fixed by the board of commissioners.
(b) The board of commissioners, by majority vote, which majority may be the chairman and any two members or may be any three members of the board of commissioners, may remove from office or employment any department head of Hart County, provided the re moval of such department head is not otherwise provided for by the civil service merit sys tem laws of Hart County which may now be in force or which may be adopted. At any time, the county manager may discharge any employee or department head except the road su perintendent; any department head so discharged may appeal for just cause to the board of commissioners. The board of commissioners may, by majority vote, which majority may be the chairman and any two members of the board of commissioners or may be any three members of the board of commissioners, grant or reject any appeal for just cause. Failure to grant an appeal shall constitute discharge of the department head.
(c) The provisions of subsections (a) and (b) of this section shall not be construed to apply to members of boards and commissions, and positions of employment in connection therewith, when such boards and commissions were created by law, nor to the elective county officers of Hart County and employees under their supervision and control.
(d) It is specifically provided that the elective county officers of Hart County shall have the sole authority to appoint the personnel employed within their respective offices, subject to the civil service and merit system laws of Hart County which may now be in force or which may be adopted, when applicable to such personnel, but the board of commissioners, by majority vote, which majority may be the chairman and any two members or may be any three members of the board of commissioners, shall have the authority to approve or reject the salary recommended for each such employee.
Section 14. The board of commissioners shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices.
Section 15. Except as otherwise provided in Section 13 of this part, the board of com missioners shall have the exclusive power and authority to appoint, remove, and fix the

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compensation of, within budgetary provisions and in accordance with civil service and merit system laws of Hart County which may now be in force or subsequently adopted, all em ployees of the county.
Section 16. The appointment and removal of, and the compensation to be paid to, per sons filling offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the commission, within budgetary provisions.
Section 17. The treasurer of Hart County may also serve as the county manager or the clerk. The treasurer of Hart County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been ap proved by the board of commissioners and signed by the chairman of the board of commis sioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to dis burse funds.
Section 18. The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds.
Section 19. An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety.
Part 2
Section 1. (a) There is created a board of commissioners of Hart County to consist of a chairman and four other members to be elected as provided in this part. Each candidate for membership on the board shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. Each candidate for chairman of the board shall be a resident of Hart County and shall be elected by a majority vote of the qualified voters of the entire county voting in such election.
(b) For the purpose of electing members of the board of commissioners, Hart County is divided into four commissioner districts as follows:
Commissioner District No. 1
Hart County Tract 9902 Blocks 101, 102, 110, 111, and 118 through 122 That part of Block 136 outside the corporate limits of Hartwell Blocks 137 through 139 and 201 through 205 That part of Block 206 which lies south of the Plantation Transmission Pipeline Blocks 207 through 250, 301, 410, 418 through 420, 434, and 446

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Those parts of Blocks 559 and 560 which lie south of the Plantation Transmission Pipeline
Blocks 561 through 563 Tract 9903
That part of Block 124 within the corporate limits of Hartwell Blocks 125 through 133, 136 through 148, 220, 239 through 249, 257
through 272, and 301 through 305
Commissioner District No. 2
Hart County Tract 9901 Block Group 6 Tract 9902 Blocks 103 through 109 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the corporate limits of Hartwell Blocks 134, 135, 149 through 180, 182, 201 through 218, 221 through 232, 234 through 238, and 250 through 256
Commissioner District No. 3
Hart County Tract 9901 Block Groups 1 and 2 Blocks 301 through 347, 364, and 401 through 449 Block Group 5
Commissioner District No. 4
Hart County Tract 9901 Blocks 349, 351 through 363, 365 through 390, and 392 through 399 Block Group 7 Tract 9902 Blocks 112 through 117 and 123 through 135 That part of Block 136 within the corporate limits of Hartwell That part of Block 206 which lies north of the Plantation Transmission Pipeline Blocks 401 through 409, 411 through 417, 421 through 433, 435 through 445, and 501 through 558 Those parts of Blocks 559 and 560 which lie north of the Plantation Transmission Pipeline Blocks 564 through 586
(c) For the purposes of this section:
(1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3) Any part of Hart County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 2. (a) At the general election in 1988 and every four years thereafter, members

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of the board of commissioners shall be elected from Commissioner Districts No. 1 and 3. Each such member shall serve for an initial term of office of four years and until his succes sor is elected and qualified. Successors to such members shall serve for terms of office of four years and until their successors are elected and qualified.
(b) At the general election in 1988 and every four years thereafter, the chairman shall be elected to serve for a term of four years and until his successor is elected and qualified.
(c) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 2 and 4. Each such member shall serve for an initial term of two years and until his successor is elected and qualified. At the general election in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified.
(d) All such elections shall be held and conducted as provided by law for the election of county officers.
(e) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election.
(f) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished.
Section 3. Members of the board of commissioners shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The chairman shall be a citizen of this state who has been a resident of Hart County preceding his election and shall hold no other elective public office.
Section 4. In the event a vacancy occurs in the chairmanship or other member of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the chairmanship or other member of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of chairman or for commissioner, as the case may be, for the unexpired term.
Section 5. The chairman and other members of the board of commissioners of Hart County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of the county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of the county coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes.
Section 6. The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Hart County on the first Tuesday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.

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Section 7. The chairman of the board of commissioners shall employ a clerk and such other personnel as the chairman deems necessary. All such personnel shall receive the com pensation fixed by the full board of commissioners which shall be paid from county funds, which compensation shall not exceed, as to any employee, that of the chairman. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers ad dressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebted ness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of his duties. The clerk shall hold the office at the pleasure of the board of commissioners.
Section 8. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper function ing of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof.
Section 9. (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners, selected by a majority vote of members present shall preside at the meeting. The chairman of the board of commissioners shall be the road commissioner of Hart County. The road commissioner shall supervise and direct the construction, maintenance, and improvement of all roads and bridges in Hart County and supervise and direct the employees, independent contractors, and prison laborers assigned to the road department. The road commissioner shall conduct these duties pursuant to the policies, rules, resolu tions, and ordinances approved by the full board. The road commissioner shall also provide the board with a monthly report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects.
(b) The chairman of the board of commissioners shall receive from the funds of Hart County an annual salary equal to that of the highest paid of the following elected Hart County officers: sheriff, probate judge, tax commissioner, or clerk of the superior court.
(c) The other members of the board shall receive a salary of $450.00 per month payable from the funds of Hart County.
Section 10. (a) The board of commissioners of Hart County shall have exclusive juris diction and control over the following matters, to wit: in controlling all of the property be longing to the county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in the county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes;

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to examine the tax digest of the county for the correction of errors; in regulating or fixing license fees as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and district road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; and to have and exercise all the power heretofore vested in the commissioner of roads and bridges and board of finance of Hart County; and to exercise such other powers and duties as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances.
(b) The chairman of the board shall devote his full time to the business and interests of Hart County in the performance and discharge of his duties.
Section 11. The treasurer of Hart County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of com missioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to dis burse funds.
Section 12. The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds.
Section 13. The board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board, and the county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county.
Section 14. An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety.
Part 3
Section 1. (a) There is created a board of commissioners of Hart County to consist of a chairman, a road commissioner, and three other members to be elected as provided in this part. Each candidate for membership on the board, other than the chairman and the road commissioner, shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. Each candidate for chairman of the board or road commis-

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sioner shall be a resident of Hart County and shall be elected by a majority vote of the qualified voters of the entire county voting in such election.
(b) For the purpose of electing members of the board of commissioners, Hart County is divided into three commissioner districts as follows:
Commissioner District No. 1
Hart County Tract 9902 Blocks 101, 102, 110 through 112, and 118 through 122 That part of Block 136 outside the City of Hartwell Blocks 137 through 139 Blocks 201 through 243 and 250 Block 301 Blocks 410, 418 through 421, 432 through 437, and 440 through 446 Blocks 535 through 539 Those parts of Blocks 540 and 541 inside the City of Royston Blocks 543 through 586 Tract 9903 That part of Block 124 inside the City of Hartwell Blocks 125 through 133 and 135 through 148 Blocks 220, 241 through 248, 255, and 259 through 272 Blocks 301 through 305
Commissioner District No. 2
Hart County Tract 9901 Block Group 1 Blocks 401 through 432, 436 through 439, 443 and 444 Blocks 501 through 517 Tract 9902 Blocks 103 through 109 Block 542 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the City of Hartwell Blocks 134, 149 through 180, and 182 Blocks 201 through 218, 221 through 232, 234 through 240, 249 through 254, and 256 through 258
Commissioner District No. 3
Hart County Tract 9901 Block Groups 2 and 3 Blocks 433 through 435, 440 through 442, and 445 through 449 Blocks 518 through 528 Block Groups 6 and 7 Tract 9902 Blocks 113 through 117 and 123 through 135 That part of Block 136 inside the City of Hartwell Blocks 401 through 409, 411 through 417, 422 through 431, 438, and 439 Blocks 501 through 534 Those parts of Blocks 540 and 541 outside the City of Royston

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(c) For the purposes of this section:
(1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3) Any part of Hart County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 2. (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner District No. 2. Such member shall serve for an initial term of office of four years and until his successor is elected and qualified. Successors to such member shall serve for terms of office of four years and until their successors are elected and qualified.
(b) At the general election in 1988 and every four years thereafter, the chairman and the road commissioner shall be elected to serve for a term of four years and until their successors are elected and qualified.
(c) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 1 and 3. Each such member shall serve for an initial term of two years and until his successor is elected and qualified. At the general election in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified.
(d) All such elections shall be held and conducted as provided by law for the election of county officers.
(e) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election.
(f) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished.
Section 3. Members of the board of commissioners, other than the chairman and the road commissioner, shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The chairman and the road commissioner shall be citizens of this state who have been resi dents of Hart County preceding their election and shall hold no other elective public office.
Section 4. In the event a vacancy occurs in the office of the chairman, the road commis sioner, or other member of the board when more than six months remain before the expira tion of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provi sions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the office of the chairman, the road commissioner, or other member of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of chairman, for road commis sioner, or for commissioner, as the case may be, for the unexpired term.
Section 5. The chairman, the road commissioner, and other members of the board of commissioners of Hart County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faith-

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ful discharge of their duties and to account for all funds and property of the county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful dis charge of their duties, and to account for all funds and property of the county coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes.
Section 6. The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Hart County on the first Tuesday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.
Section 7. The chairman of the board of commissioners shall employ a clerk and such other personnel as the chairman deems necessary; provided, however, that the road commis sioner shall have the authority to hire and employ all employees of the road department. All such personnel employed by the chairman shall receive the compensation fixed by the full board of commissioners which shall be paid from county funds, which compensation shall not exceed, as to any employee, that of the chairman. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of com missioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of his duties. The clerk shall hold the office at the pleasure of the board of commissioners.
Section 8. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper function ing of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof. The chair man, the road commissioner, and the other members of the board of commissioners shall each be authorized to vote on all matters before the board of commissioners.
Section 9. (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners, selected by a majority vote of members present shall preside at the meeting. The road commissioner shall supervise and direct the construction, maintenance, and im provement of all roads and bridges in Hart County and supervise and direct the employees, independent contractors, and prison laborers assigned to the road department. The road

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commissioner shall conduct these duties pursuant to the policies, rules, resolutions, and or dinances approved by the full board. The road commissioner shall also provide the board with a monthly report on the general status and condition of the road equipment and per sonnel matters relating to the road department and the status of all road and bridge projects.
(b) The chairman of the board of commissioners and the road commissioner shall each receive from the funds of Hart County an annual salary equal to that of the highest paid of the following elected Hart County officers: sheriff, probate judge, tax commissioner, or clerk of the superior court.
(c) The other members of the board shall receive a salary of $450.00 per month payable from the funds of Hart County.
Section 10. (a) The board of commissioners of Hart County shall have exclusive juris diction and control over the following matters, to wit: in controlling all of the property be longing to the county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in the county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of the county for the correction of errors; in regulating or fixing license fees as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and district road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; and to have and exercise all the power heretofore vested in the commissioner of roads and bridges and board of finance of Hart County; and to exercise such other powers and duties as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances.
(b) The chairman of the board shall devote his full time to the business and interests of Hart County in the performance and discharge of his duties.
Section 11. The treasurer of Hart County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of com missioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to dis burse funds.
Section 12. The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the

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certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds.
Section 13. The board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board, and the county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county.
Section 14. An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety.
Part 4
Section 1. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Hart County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Hart County for ap proval or rejection. The election superintendent shall conduct that election on April 12, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Hart County. The ballot shall have written or printed thereon the words:
"( ) Question No. 1. Shall the governing authority of Hart County be changed to a fivemember board of commissioners, elected from districts, and a county manager?"
"( ) Question No. 2. Shall the governing authority of Hart County be changed to a board of commissioners with a chairman who shall be elected at large from the entire county and also serve as road commissioner, and four other board members elected from districts?"
"( ) Question No. 3. Shall the governing authority of Hart County be changed to a board of commissioners with a chairman and a road commissioner who shall be elected at large from the entire county and three other members of the board who shall be elected from districts?"
No voter shall vote for more than one of the above questions. If Question No. 1 receives more votes or an equal number of votes as Question No. 2 or Question No. 3, Part 1 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 2 and Part 3 of this Act shall be void and of no force and effect. If Question No. 2 receives more votes than Question No. 1 or Question No. 3, Part 2 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immedi ately, and Part 1 and Part 3 of this Act shall be void and of no force and effect. If Question No. 3 receives more votes than Question No. 1 or Question No. 2, Part 3 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 2 of this Act shall be void and of no force and effect. Part 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. If neither Part 1, Part 2, nor Part 3 of this Act is so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Hart County. It shall be the superinten dent's duty to certify the result thereof to the Secretary of State.

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Part 5
Section 1. All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 418 by the following substitute:
A BILL
To be entitled an Act to create a new board of commissioners of Hart County; to pro vide for five members of the board; to provide for elections; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for qualifications, terms, and elections procedures; to provide for commissioner dis tricts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board; to provide for the powers, duties, and authority of the chairman and members of the board of commissioners; to create the office of county manager and provide for certain duties and powers of such office; to provide guidelines for the selection of a county manager; to provide for practices and proce dures; to provide for the appointment, removal, and compensation of employees and depart ment heads; to provide for compensation restrictions for persons filling certain offices and positions; to provide for the preparation and submission of budgets; to provide for a system of expenditures of county funds; to provide for audits of county finances and financial records; to provide for the specific repeal of certain local Acts; to provide for other matters relative to the foregoing; to create a new board of commissioners of Hart County to consist of a chairman and four other members; to provide for the qualifications of the chairman and other members; to provide for the election of the members of the board and for their terms of office; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for the filling of vacancies; to provide for commissions and bonds; to provide for meetings of the board; to provide for a clerk of the board; to provide for the powers and duties of the board; to provide for all matters relative to the foregoing; to create a new board of commissioners of Hart County to consist of a chairman, a road commissioner, and three other members; to provide for the qualifications of the chairman, the road commissioner, and other members; to provide for the election of the chairman, the road commissioner, and the other members of the board and for their terms of office; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for the filling of vacancies; to pro vide for commissions and bonds; to provide for meetings of the board; to provide for a clerk of the board; to provide for the powers and duties of the chairman, the road commissioner, and the other members of the board; to provide for all matters relative to the foregoing; to provide when the provisions of this Act shall become effective; to repeal certain specific local laws; to provide for a referendum at which the voters of Hart County shall be given three choices relating to the composition and selection of the governing authority of Hart County; to provide for a run-off election; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. (a) There is created a board of commissioners of Hart County to consist of five members to be elected as provided in this part. Each candidate for membership on the board shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election.
(b) For the purpose of electing members of the board of commissioners, Hart County is divided into five commissioner districts as follows:
Commissioner District No. 1
Hart County Tract 9902

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Those parts of Blocks 101 and 136 outside the corporate limits of Hartwell
Blocks 137 through 139, 215, 419, and 420 Tract 9903
That part of Block 124 inside the corporate limits of Hartwell Blocks 125 through 145, 151 through 154, 178 through 180, 182, 204
through 206, 220 through 223, 238 through 245, 249, 255 through 260, 266 through 271, 304, and 305
Commissioner District No. 2
Hart County Tract 9901 Blocks 101 through 144, 401 through 410, 412 through 422, 430, 501 through 512, 516, and 518 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the corporate limits of Hartwell Blocks 155 through 177, 201 through 203, 224 through 232, 234 through 237, and 250 through 254
Commissioner District No. 3
Hart County Tract 9901 Block Group 6 Tract 9902 That part of Block 101 within the corporate limits of Hartwell Blocks 102 through 135 That part of Block 136 within the corporate limits of Hartwell Blocks 401 through 413 and 415 through 418 Tract 9903 Blocks 146 through 150, 207 through 218, and 272
Commissioner District No. 4
Hart County Tract 9901 Block Group 2 Blocks 301 through 347, 349, 351 through 387, 395, 397 through 399, 411, 423 through 429, 431 through 447, 449, 513 through 515, 517, and 519 through 528 Block Group 7 Tract 9902 Blocks 506 and 507 That part of Block 508 within the corporate limits of Cannon
Commissioner District No. 5
Hart County Tract 9901 Blocks 388 through 390, 392 through 394, 396, and 448 Tract 9902 Blocks 201 through 214, 216 through 243, 250, 301, 414, 421 through 446, and 501 through 505 That part of Block 508 outside the corporate limits of Cannon Blocks 509 through 586 Tract 9903 Blocks 246 through 248, 261 through 265, and 301 through 303

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(c) For the purposes of this section:
(1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3) Any part of Hart County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 2. (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner Districts No. 1, 3, and 5. Each such member shall serve for an initial term of office of four years and until his succes sor is elected and qualified. Successors to such members shall serve for terms of office of four years and until their successors are elected and qualified.
(b) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 2 and 4. Each such member shall serve for an initial term of two years and until his successor is elected and qualified. At the general election in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified.
(c) All such elections shall be held and conducted as provided by law for the election of county officers.
(d) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election.
(e) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished.
Section 3. At the first meeting of the board in January of each year, the members of the board shall elect, by majority vote, one of their number as chairman for the ensuing year. In the event the office of the commissioner elected as chairman becomes vacant, the remaining commissioners shall, at the next regular meeting, elect one of their number by majority vote as successor who shall serve as chairman for the remainder of the year.
Section 4. Members of the board of commissioners shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The office of county commissioner shall be deemed to be a part-time position.
Section 5. In the event a vacancy occurs in the membership of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special elec tion shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the membership of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of commissioner, as the case may be, for the unexpired term.
Section 6. The members of the board of commissioners of Hart County shall be com missioned by the Governor of Georgia and shall make and subscribe, before any officer au thorized to administer oaths, an oath for the faithful discharge of their duties and to ac-

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count for all funds and property of Hart County coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of Hart County coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes.
Section 7. The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Hart County on the first Tuesday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.
Section 8. The board of commissioners shall employ a clerk (who, at the board's discre tion, may also serve as the county manager), a road superintendent, and such other person nel as the board deems necessary. All such personnel shall receive the compensation fixed by the board which shall be paid from county funds. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of com missioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The road superintendent shall have such duties and authority as prescribed by the board of commissioners which shall include, but not be limited to, the general supervision of all road and bridge work in Hart County. The chair man of the board of commissioners shall be responsible for supervising and directing the road superintendent in accordance with the policies, resolutions, and ordinances approved by the board. The road superintendent shall meet with the board as it shall direct from time to time and at regular meetings to report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects. The clerk and road superintendent before entering on the discharge of their duties shall be required to give bond and take the same oath as required by commis sioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of their duties. The clerk and road superintendent shall hold their offices at the pleasure of the board of commissioners.
Section 9. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper function ing of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof. The chair man shall be authorized to vote on all matters before the board in the same manner as other members of the board.
Section 10. (a) The chairman of the board of commissioners shall be the presiding of-

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ficer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners shall preside at the meeting.
(b) The chairman of the board of commissioners shall receive a salary of $750.00 per month payable from the funds of Hart County.
(c) The other members of the board shall receive a salary of $450.00 per month payable from the funds of Hart County.
Section 11. (a) There is created the office of county manager of Hart County. The quali fications, method of selection, appointment, term of office, compensation, procedure for re moval or suspension, method of filling vacancies, and other related matters pertaining to the office of county manager shall be provided for by resolution of the board of commissioners of Hart County.
(b) In its discretion, the board of commissioners of Hart County may select a person for the office of county manager solely upon the person's executive and administrative qualifica tions with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office.
(c) The county manager shall be the chief administrative officer of the government of Hart County and shall be charged with carrying out policies adopted by the board or pro vided by law. He shall be responsible to the board of commissioners for the proper and efficient administration of all affairs of the county, except as otherwise provided by law. It shall be the duty of the county manager to:
(1) Exercise control over all departments or divisions of the county which the board of commissioners or chairman of the board of commissioners has heretofore exercised or that may hereafter be created, except the road department and except as otherwise provided in this part;
(2) Keep the board of commissioners fully advised as to the financial condition and needs of the county;
(3) Supervise and direct the official conduct of all appointive county officers and de partment heads, except as may be otherwise provided in this part;
(4) Attend all meetings of the board of commissioners with the right to take part in the discussions, provided that the county manager shall have no vote on any matter or issue before the board of commissioners;
(5) Supervise the performance of all contracts made by any person for work done for Hart County and to supervise and regulate all purchases of materials and supplies for Hart County within such limitations and under such rules and regulations as may be imposed by the board of commissioners, provided that the county manager is authorized to make purchases and contracts for the county in amounts not exceeding $2,500.00;
(6) Confer and advise with all other elected or appointed officials of Hart County who are not under the immediate control of the board of commissioners but who receive financial support from the board;
(7) Devote his entire time to the duties and affairs of his office and hold no other office or employment for remuneration while so engaged; and
(8) Perform such other duties as may be required of him by the board of commissioners including, at the board's discretion, the functions of the county clerk and treasurer.
Section 12. The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules, and regula tions, when so adopted, with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding on the county manager. The policies, rules, and regulations so adopted by the board of commissioners shall be carried out, executed, and enforced by the county manager as chief administrative officer of the county, and the

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board of commissioners shall exercise only those administrative powers which are necessa rily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by the county manager which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the board of commissioners, shall be null, void, and of no effect. The following powers are vested in the board of commissioners and reserved for its exclusive jurisdiction:
(1) To levy taxes:
(2) To make appropriations;
(3) To fix the rates of all other charges;
(4) To authorize the incurring of indebtedness;
(5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To authorize contracts and purchases, except as otherwise provided in this part, involving the expenditure of county funds;
(7) To establish, alter, or abolish public roads, private ways, bridges, and ferries, ac cording to law (including the powers to establish paving, construction, and maintenance priorities from time to time); provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the board of commission ers for subdivisions have been met;
(8) To establish, abolish, or change election precincts and militia districts according to law;
(9) To allow the insolvent lists for the county;
(10) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county or by a commissioner or board of commissioners of the county;
(11) To create and change the boundaries of special taxing districts authorized by law;
(12) To fix the bonds of county officers where same are not fixed by statute;
(13) To enact any ordinances or other legislation the county may be given authority to enact;
(14) To determine the priority of capital improvements;
(15) To call elections for the voting of bonds;
(16) To exercise all of the power and authority formerly vested by law in the commis sioner and board of finance of Hart County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name desig nated, except such authority or power given to the chairman by the provisions of this part; and
(17) To make purchases in amounts over $2,500.00; provided, however, that, for any purchases in such amounts, advertisements for bids shall be first published for two consecu tive weeks in the official organ of Hart County. Formal, sealed bids, after the advertising has been published, must be obtained on all purchases of $2,500.00 or more. Advertisement and the obtaining of formal, sealed bids may be dispensed with when, in the discretion of the board of commissioners, an emergency exists which will not permit a delay.
Section 13. (a) The county manager shall have authority to appoint and fix the compen sation of the appointive officers and employees of Hart County subject to the following limi tations and requirements:
(1) The person appointed as an officer or employee shall have the qualifications that the office or position calls for when so specified in this part;

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(2) The appointment of officers and employees at the department-head level and the compensation fixed by the county manager shall be subject to approval or rejection by a majority of the board of commissioners in each and every case; and
(3) The county attorney, county physician, road superintendent, clerk, and county audi tor shall be appointed by and shall serve at the pleasure of the board of commissioners and their compensation shall be fixed by the board of commissioners.
(b) The board of commissioners, by majority vote, which majority may be the chairman and any two members or may be any three members of the board of commissioners, may remove from office or employment any department head of Hart County. At any time, the county manager may discharge any employee or department head except the road superin tendent; any department head so discharged may appeal for just cause to the board of com missioners. The board of commissioners may, by majority vote, which majority may be the chairman and any two members of the board of commissioners or may be any three mem bers of the board of commissioners, grant or reject any appeal for just cause. Failure to grant an appeal shall constitute discharge of the department head.
(c) The provisions of subsections (a) and (b) of this section shall not be construed to apply to members of boards and commissions, and positions of employment in connection therewith, when such boards and commissions were created by law, nor to the elective county officers of Hart County and employees under their supervision and control.
(d) It is specifically provided that the elective county officers of Hart County shall have the sole authority to appoint the personnel employed within their respective offices, but the board of commissioners, by majority vote, which majority may be the chairman and any two members or may be any three members of the board of commissioners, shall have the au thority to approve or reject the salary recommended for each such employee.
Section 14. The board of commissioners shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices.
Section 15. Except as otherwise provided in Section 13 of this part, the board of com missioners shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions, all employees of the county.
Section 16. The appointment and removal of, and the compensation to be paid to, per sons filling offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the commission, within budgetary provisions.
Section 17. The treasurer of Hart County may also serve as the county manager or the clerk. The treasurer of Hart County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been ap proved by the board of commissioners and signed by the chairman of the board of commis sioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to dis burse funds.
Section 18. The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business

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hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds.
Section 19. An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety.
Part 2
Section 1. (a) There is created a board of commissioners of Hart County to consist of a chairman and four other members to be elected as provided in this part. Each candidate for membership on the board shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. Each candidate for chairman of the board shall be a resident of Hart County and shall be elected by a majority vote of the qualified voters of the entire county voting in such election.
(b) For the purpose of electing members of the board of commissioners, Hart County is divided into four commissioner districts as follows:
Commissioner District No. 1
Hart County Tract 9902 Blocks 101, 102, 110, 111, and 118 through 122 That part of Block 136 outside the corporate limits of Hartwell Blocks 137 through 139 and 201 through 205 That part of Block 206 which lies south of the Plantation Transmission Pipeline Blocks 207 through 250, 301, 410, 418 through 420, 434, and 446 Those parts of Blocks 559 and 560 which lie south of the Plantation Transmission Pipeline Blocks 561 through 563 Tract 9903 That part of Block 124 within the corporate limits of Hartwell Blocks 125 through 133, 136 through 148, 220, 239 through 249, 257 through 272, and 301 through 305
Commissioner District No. 2
Hart County Tract 9901 Block Group 6 Tract 9902 Blocks 103 through 109 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the corporate limits of Hartwell Blocks 134, 135, 149 through 180, 182, 201 through 218, 221 through 232, 234 through 238, and 250 through 256
Commissioner District No. 3
Hart County Tract 9901 Block Groups 1 and 2 Blocks 301 through 347, 364, and 401 through 449 Block Group 5

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Commissioner District No. 4
Hart County Tract 9901 Blocks 349, 351 through 363, 365 through 390, and 392 through 399 Block Group 7 Tract 9902 Blocks 112 through 117 and 123 through 135 That part of Block 136 within the corporate limits of Hartwell That part of Block 206 which lies north of the Plantation Transmission Pipeline Blocks 401 through 409, 411 through 417, 421 through 433, 435 through 445, and 501 through 558 Those parts of Blocks 559 and 560 which lie north of the Plantation Transmission Pipeline Blocks 564 through 586
(c) For the purposes of this section:
(1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3) Any part of Hart County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 2. (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner Districts No. 1 and 3. Each such member shall serve for an initial term of office of four years and until his succes sor is elected and qualified. Successors to such members shall serve for terms of office of four years and until their successors are elected and qualified.
(b) At the general election in 1988 and every four years thereafter, the chairman shall be elected to serve for a term of four years and until his successor is elected and qualified.
(c) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 2 and 4. Each such member shall serve for an initial term of two years and until his successor is elected and qualified. At the general election in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified.
(d) All such elections shall be held and conducted as provided by law for the election of county officers.
(e) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election.
(f) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished.
Section 3. Members of the board of commissioners shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The chairman shall be a citizen of this state who

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has been a resident of Hart County preceding his election and shall hold no other elective public office.
Section 4. In the event a vacancy occurs in the chairmanship or other member of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the chairmanship or other member of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of chairman or for commissioner, as the case may be, for the unexpired term.
Section 5. The chairman and other members of the board of commissioners of Hart County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of the county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of the county coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes.
Section 6. The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Hart County on the first Tuesday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.
Section 7. The chairman of the board of commissioners shall employ a clerk and such other personnel as the chairman deems necessary. All such personnel shall receive the com pensation fixed by the full board of commissioners which shall be paid from county funds, which compensation shall not exceed, as to any employee, that of the chairman. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers ad dressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebted ness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by the taxpayer of the county during normal working hours. The clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of his duties. The clerk shall hold the office at the pleasure of the board of commissioners.
Section 8. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county

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affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper function ing of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof. The chair man shall be authorized to vote on all matters before the board in the same manner as other members of the board.
Section 9. (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners, selected by a majority vote of members present shall preside at the meeting. The chairman of the board of commissioners shall be the road commissioner of Hart County. The road commissioner shall supervise and direct the construction, maintenance, and improvement of all roads and bridges in Hart County and supervise and direct the employees, independent contractors, and prison laborers assigned to the road department. The road commissioner shall conduct these duties pursuant to the policies, rules, resolu tions, and ordinances approved by the full board. The road commissioner shall also provide the board with a monthly report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects.
(b) The chairman of the board of commissioners shall receive from the funds of Hart County an annual salary equal to that of the highest paid of the following elected Hart County officers: sheriff, probate judge, tax commissioner, or clerk of the superior court.
(c) The other members of the board shall receive a salary of $450.00 per month payable from the funds of Hart County.
Section 10. (a) The board of commissioners of Hart County shall have exclusive juris diction and control over the following matters, to wit: in controlling all of the property be longing to the county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in the county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of the county for the correction of errors; in regulating or fixing license fees as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and district road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; and to have and exercise all the power heretofore vested in the commissioner of roads and bridges and board of finance of Hart County; and to exercise such other powers and duties as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances.
(b) The chairman of the board shall devote his full time to the business and interests of Hart County in the performance and discharge of his duties.
Section 11. The treasurer of Hart County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of com missioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution,

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only the signature of the chairman of the board of commissioners shall be required to dis burse funds.
Section 12. The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds.
Section 13. The board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board, and the county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county.
Section 14. An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety.
Part 3
Section 1. (a) There is created a board of commissioners of Hart County to consist of a chairman, a road commissioner, and three other members to be elected as provided in this part. Each candidate for membership on the board, other than the chairman and the road commissioner, shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. Each candidate for chairman of the board or road commis sioner shall be a resident of Hart County and shall be elected by a majority vote of the qualified voters of the entire county voting in such election.
(b) For the purpose of electing members of the board of commissioners, Hart County is divided into three commissioner districts as follows:
Commissioner District No. 1
Hart County Tract 9902 Blocks 101, 102, 110 through 112, and 118 through 122 That part of Block 136 outside the City of Hartwell Blocks 137 through 139 Blocks 201 through 243 and 250 Block 301 Blocks 410, 418 through 421, 432 through 437, and 440 through 446 Blocks 535 through 539 Those parts of Blocks 540 and 541 inside the City of Royston Blocks 543 through 586 Tract 9903 That part of Block 124 inside the City of Hartwell Blocks 125 through 133 and 135 through 148 Blocks 220, 241 through 248, 255, and 259 through 272 Blocks 301 through 305

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Commissioner District No. 2
Hart County Tract 9901 Block Group 1 Blocks 401 through 432 Blocks 501 through 517 Tract 9902 Blocks 103 through 109 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the City of Hartwell Blocks 134, 149 through 180, and 182 Block 201 through 218, 221 through 232, 234 through 240, 249 through 254, and 256 through 258
Commissioner District No. 3
Hart County Tract 9901 Block Groups 2 and 3 Blocks 433 through 449 Blocks 518 through 528 Block Groups 6 and 7 Tract 9902 Blocks 113 through 117 and 123 through 135 That part of Block 136 inside the City of Hartwell Blocks 401 through 409, 411 through 417, 422 through 431, 438, and 439 Blocks 501 through 534 Those parts of Blocks 540 and 541 outside the City of Royston Block 542
(c) For the purposes of this section:
(1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3) Any part of Hart County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 2. (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner District No. 2. Such member shall serve for an initial term of office of four years and until his successor is elected and qualified. Successors to such member shall serve for terms of office of four years and until their successors are elected and qualified.
(b) At the general election in 1988 and every four years thereafter, the chairman and the road commissioner shall be elected to serve for a term of four years and until their successors are elected and qualified.
(c) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 1 and 3. Each such member shall serve for an initial term of two years and until his successor is elected and qualified. At the general election in

FRIDAY, FEBRUARY 26, 1988

1437

1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified.
(d) All such elections shall be held and conducted as provided by law for the election of county officers.
(e) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election.
(f) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished.
Section 3. Members of the board of commissioners, other than the chairman and the road commissioner, shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The chairman and the road commissioner shall be citizens of this state who have been resi dents of Hart County preceding their election and shall hold no other elective public office.
Section 4. In the event a vacancy occurs in the office of the chairman, the road commis sioner, or other member of the board when more than six months remain before the expira tion of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provi sions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the office of the chairman, the road commissioner, or other member of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of chairman, for road commis sioner, or for commissioner, as the case may be, for the unexpired term.
Section 5. The chairman, the road commissioner, and other members of the board of commissioners of Hart County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faith ful discharge of their duties and to account for all funds and property of the county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful dis charge of their duties, and to account for all funds and property of the county coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes.
Section 6. The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Hart County on the first Tuesday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.
Section 7. The chairman of the board of commissioners shall employ a clerk and such other personnel as the chairman deems necessary; provided, however, that the road commis sioner shall have the authority to hire and employ all employees of the road department. All such personnel employed by the chairman shall receive the compensation fixed by the full board of commissioners which shall be paid from county funds, which compensation shall not exceed, as to any employee, that of the chairman. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly

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minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of com missioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of his duties. The clerk shall hold the office at the pleasure of the board of commissioners.
Section 8. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper function ing of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof. The chair man, the road commissioner, and the other members of the board of commissioners shall each be authorized to vote on all matters before the board of commissioners.
Section 9. (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners, selected by a majority vote of members present shall preside at the meeting. The road commissioner shall supervise and direct the construction, maintenance, and im provement of all roads and bridges in Hart County and supervise and direct the employees, independent contractors, and prison laborers assigned to the road department. The road commissioner shall conduct these duties pursuant to the policies, rules, resolutions, and or dinances approved by the full board. The road commissioner shall also provide the board with a monthly report on the general status and condition of the road equipment and per sonnel matters relating to the road department and the status of all road and bridge projects.
(b) The chairman of the board of commissioners and the road commissioner shall each receive from the funds of Hart County an annual salary equal to that of the highest paid of the following elected Hart County officers: sheriff, probate judge, tax commissioner, or clerk of the superior court.
(c) The other members of the board shall receive a salary of $450.00 per month payable from the funds of Hart County.
Section 10. (a) The board of commissioners of Hart County shall have exclusive juris diction and control over the following matters, to wit: in controlling all of the property be longing to the county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in the county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of the county for the correction of errors; in regulating or fixing license fees as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county

FRIDAY, FEBRUARY 26, 1988

1439

public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and district road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; and to have and exercise all the power heretofore vested in the commissioner of roads and bridges and board of finance of Hart County; and to exercise such other powers and duties as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances.
(b) The chairman of the board and the road commissioner shall each devote his full time to the business and interests of Hart County in the performance and discharge of his duties.
Section 11. The treasurer of Hart County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of com missioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to dis burse funds.
Section 12. The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds.
Section 13. The board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board, and the county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county.
Section 14. An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety.
Part 4
Section 1. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Hart County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Hart County for ap proval or rejection. The election superintendent shall conduct that election on April 12, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published

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once a week for two weeks immediately preceding the date thereof in the official organ of Hart County. The ballot shall have written or printed thereon the words:
"( ) Question No. 1. Shall the governing authority of Hart County be changed to a fivemember board of commissioners, elected from districts, and a county manager?"
"( ) Question No. 2. Shall the governing authority of Hart County be changed to a board of commissioners with a chairman who shall be elected at large from the entire county and also serve as road commissioner, and four other board members elected from districts?"
"( ) Question No. 3. Shall the governing authority of Hart County be changed to a board of commissioners with a chairman and a road commissioner who shall be elected at large from the entire county and three other members of the board who shall be elected from districts?"
No voter shall vote for more than one of the above questions. If Question No. 1 receives more than one-half of the votes cast in such election, Part 1 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 2 and Part 3 of this Act shall be void and of no force and effect. If Question No. 2 receives more than one-half of the votes cast in such election, Part 2 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 3 of this Act shall be void and of no force and effect. If Question No. 3 receives more than one-half of the votes cast in such election, Part 3 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 2 of this Act shall be void and of no force and effect. Part 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Except as otherwise provided in subsection (b) of this section, if neither Part 1, Part 2, nor Part 3 of this Act is so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that elec tion date.
The expense of such election shall be borne by Hart County. It shall be the superinten dent's duty to certify the result thereof to the Secretary of State.
(b) If neither Question No. 1, Question No. 2, nor Question No. 3 receives more than one-half of the votes cast in such election, then, unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent shall conduct a run-off election as provided in this subsection for the purpose of submitting the two questions receiving the highest number of votes in such preceding election to the electors of Hart County for ap proval or rejection. The election superintendent shall conduct that run-off election on the fourteenth day following the holding of the preceding election provided for in this section. The ballot shall have written or printed thereon the two questions receiving the highest number of votes in such preceding election in the same manner that such questions were written or printed for such preceding election. No voter shall vote for more than one of the two questions. If Question No. 1 appears on such run-off ballot and receives more than onehalf of the votes cast in such run-off election, Part 1 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the mem bers of the board of commissioners shall become effective immediately, and Part 2 and Part 3 of this Act shall be void and of no force and effect. If Question No. 2 appears on such run off ballot and receives more than one-half of the votes cast in such run-off election, Part 2 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 3 of this Act shall be void and of no force and effect. If Question No. 3 appears on such run-off ballot and receives more than one-half of the votes cast in such run-off election, Part 3 and Part 5 of this Act shall become effective on January

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1441

1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 2 of this Act shall be void and of no force and effect. Part 4 of this Act shall become effective upon its ap proval by the Governor or upon its becoming law without such approval. If neither Part 1, Part 2, nor Part 3 of this Act is so approved or if the run-off election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such run-off election shall be borne by Hart County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Part 5
Section 1. All laws and parts of laws in conflict with this Act are repealed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute by the Senate substitute to SB 418.
The following local bill of the House was taken up for the purpose of considering the House action thereon:
HB 1505. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others: A bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to re tire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead.
Senator Phillips of the 9th moved that the Senate adhere to the Senate substitute to HB 1505 and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1505.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Phillips of the 9th, Peevy of the 48th and Turner of the 8th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fish ing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses.
Senator Turner of the 8th moved that the Senate insist upon the Senate substitute to HB 1597.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1597.

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The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 841. By Representative Hamilton of the 124th:
A bill to amend Code Section 50-13-17 of the Official Code of Georgia Annotated, relating to agency decisions in contested cases, so as to provide that all findings of fact by agencies shall be accompanied by a concise and explicit statement of underlying facts supporting the findings.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge Engrain Fincher Garner Gillis Harris Hine Howard Hudgins Johnson Kennedy

Kidd Land Newbill Olmstead Perry Phillips Ragan of 10th Starr Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Bowen Brannon Coleman English Foster Harrison Huggins

Langford McGill McKenzie Peevy Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1339. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, McDonald of the 12th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide for the creation and establish ment of the State Housing Trust Fund; to provide for a State Housing Trust Fund Commission.
Senate Sponsor: Senator Hudgins of the 15th.

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1443

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 1, 1988

SUBJECT: Fiscal Note -- House Bill 1339 (LC 6 6303-EC) Create State Housing Trust Fund

This Bill provides for the establishment of a State Housing Trust Fund and a nine member State Housing Trust Fund Commission. The proposed state housing surcharge (see House Bill 1338) to be imposed on the dollar value of the real estate conveyance is to pro vide funds which will assist residential housing projects. The duties, terms of office, and qualifications of the members of the commission are identified and the Bill also provides that professional, technical and clerical support for the commission will be provided by the Georgia Residential Finance Authority. If enacted, this Bill would become effective on Janu ary 1, 1989; provided that a constitutional amendment authorizing the General Assembly to provide for a State Housing Trust Fund is ratified at the November, 1988 general election.

The exact administrative costs associated with this Bill could not be determined. Com mission meetings would result in $59 per day travel expense allowance payments (plus transportation costs) to each member attending. The Residential Finance Authority has es timated that the additional costs to provide administrative support for the Commission would be approximately $75,000 annually for two positions.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Brvant Burton Coverdell Crumbley Dawkins Deal

Dean Edge Engram Fincher Garner Gillis Harris
Hine Kennedy Kidd Land McGill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd
Starr Stumbaugh Taylor Turner Tysinger

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Those not voting were Senators:

Bowen Coleman
Harrison Howard

Hudgins Muggins Johnson Langford McKenzie Newbill

Ray Scott of 36th Shumake Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 1488. By Representatives Byrd of the 153rd, Reaves of the 147th, Hamilton of the 124th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for a program of community education and development grants; to provide a short title; to pro vide for definitions; to authorize the Department of Community Affairs to make grants to boards of education for certain programs and activities.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols English Engram Fincher Garner Gillis Harris Hine Howard Hudgins Huggins Kidd Land McGill

McKenzie Newbill Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Edge Foster Harrison Johnson

Kennedy (presiding) Langford Olmstead Perry

Scott of 36th Shumake Tate (excused) Walker

On the passage of the bill, the yeas were 44, nays 0.

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1445

The bill, having received the requisite constitutional majority, was passed.

HB 1455. By Representative Robinson of the 96th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.
Senate Sponsor: Senator Hudgins of the 15th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 3, 1988

SUBJECT: Fiscal Note -- House Bill 1455 (LC 8 0567) Intangible Tax: Exempt Stock

This Bill would exempt from intangible taxation any stock held in a foreign corporation which reorganized in 1986 with a Georgia corporation, provided that the stock of the Geor gia corporation was exempt from such tax prior to the reorganization. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.

The fiscal impact of this Bill upon state revenues is not significant; however, the impact on counties may be significant. Based upon the estimated intangible tax assessments on stock affected by the provisions of this Bill, the intangible tax revenue decrease by the state for fiscal year 1989 (under the provisions of this Bill) would be approximately $1,100. Coun ties would have their intangible tax revenues decreased by approximately $227,300.

is/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Broun Burton Coleman Coverdell Crumbley

Dawkins Deal Dean Echols Edge English Engram Fincher Garner

Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land

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McGill McKenzie Newbill Olmstead
Perry

Phillips Ragan of 10th Ragan of 32nd Scott of 2nd
Starr

Stumbaugh Tavlor
Turner Tysinger

Those not voting were Senators:

Allgood Barker Brannon Bryant Foster

Harrison Kennedy (presiding) Langford Peevy Ray

Scott of 36th Shumake Tate (excused) Timmons Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Broun of the 46th introduced Dr. Charles B. Knapp, new President of the Uni versity of Georgia, who, having been commended by SR 266, adopted previously, briefly addressed the Senate.

The following general resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their adoption:

SR 360. By Senator Starr of the 44th: A resolution creating the Joint Study Committee on Aging.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons
Turner Tysinger

Those not voting were Senators:

Coleman Engram Foster

Kennedy (presiding) Langford Ragan of 10th

Tate (excused) Walker

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1447

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 549. By Representatives Triplett of the 128th, Murphy of the 18th, Floyd of the 154th and Dixon of the 151st:
A resolution designating the Kenneth McCarthy Bridge.
Senate Sponsor: Senator Echols of the 6th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols English Garner Gillis Harris Mine Howard Hudgins Huggins Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Broun
Edge Engram Fincher

Foster Harrison Johnson Kennedy (presiding) Langford

Phillips Starr Tate (excused) Walker

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 551. By Representative Hasty of the 8th: A resolution designating the Moore's Mill Bridge. Senate Sponsor: Senator Harris of the 27th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Dawkins Deal
Dean Echols

Edge English Fincher Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Crumbley Engram Foster

Garner Johnson Kennedy (presiding) Langford

Shumake Tate (excused) Walker

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 578. By Representatives Colwell of the 4th, McCoy of the 1st, Foster of the 6th and Snow of the 1st:
A resolution authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee, to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee (a portion of which is subject to a lease with the Norfolk Southern Railway Company).
Senate Sponsor: Senator Huggins of the 53rd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coverdell Dawkins Deal Dean

Echols Edge Garner Gillis Harris Hine Huggins Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger

FRIDAY, FEBRUARY 26, 1988

1449

Those not voting were Senators:

Barker Coleman Crumbley English Engram Fincher

Foster Harrison Howard Hudgins Johnson Kennedy (presiding)

Langford Ray Shumake Tate (excused) Walker

On the adoption of the resolution, the yeas were 39, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 585. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to Mr. Clifford W. Smith.
Senate Sponsor: Senator Brannon of the 51st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Dawkins Deal

Dean Echols English Engram Gillis Harris Hine Howard Kidd McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger

Voting in the negative was Senator Garner.

Those not voting were Senators:

Barker Crumbley Edge Fincher Foster Harrison

Hudgins Huggins Johnson Kennedy (presiding) Land Langford

McKenzie Shumake Starr Tate (excused) Walker

On the adoption of the resolution, the yeas were 38, nays 1.

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The resolution, having received the requisite constitutional majority, was adopted.

HR 590. By Representative Green of the 106th: A resolution designating the Jasper T. Copelan Bridge. Senate Sponsor: Senator McGill of the 24th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon
Broun JBrCCfoouyilvre?temonrndtaenll Crumbley Dean Echols Edge English

Engram Garner Gillis Harris Harrison
Hine LKT aidndd, Langford McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SSQ ctaortrt of 36th Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Dawkms rjeai Fincher

Foster Howard
. Hudgms Huggins

Johnson Kennedy (presiding) 01. i Shumake Tate (excused)

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 619. By Representatives Alford of the 57th, Athon of the 57th, Dobbs of the 74th and others:
A resolution creating the Big Haynes and Alcovy Watershed Protection Study Committee.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

FRIDAY, FEBRUARY 26, 1988

1451

Brannon Broun Bryant Burton Coleman CCoruvmerbdleelyl
Dawkins Deal
Dean
Echols Edge English Fincher

Garner Harris Harrison Hine Howard JKoihdndson
Land Langford
McGill
McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd ^ SQco.t.t oef 02nd,
Shumake Starr
Stumbaugh
Taylor Turner Tysinger Walker

Those not voting were Senators:

Engram Foster Gillis

Hudgins Huggins Kennedy (presiding)

Scott of 36th Tate (excused) Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 631. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, Floyd of the 154th, Morton of the 47th and others:
A resolution authorizing the Georgia Veterans of Foreign Wars to place a bust of the late James H. "Sloppy" Floyd in the foyer of the James H. "Sloppy" Floyd Veterans Memorial Building.
Senate Sponsors: Senators Perry of the 7th and Bryant of the 3rd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Garner Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

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Those not voting were Senators:

Bowen Foster Gillis

Kennedy (presiding) McKenzie Scott of 36th

Tate (excused) Timmons

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 653. By Representatives Foster of the 6th, Griffin of the 6th and Ramsey of the 3rd:
A resolution authorizing the release of certain restrictions and limitations on use of real property contained in the October 3, 1985, quitclaim deed from the State of Georgia to the City of Dalton, Georgia.
Senate Sponsor: Senator Fincher of the 54th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Dean
Echols Edge English

Engram Fincher Garner Gillis
Harris Harrison Hme Howard Hudgins Huggins Johnson Kidd Land
Langford McGill McKenzie

Newbill Olmstead Peevy Perry
Ragan of 10th R of 32nd R ,, . e,, ,
Scott ff Shumake Starr Stumbaugh
Taylor Turner Tysinger

Those not voting were Senators:

Bowen Broun
Deal

Foster Kennedy (presiding)
Phillips

Tate (excused) Timmons
Walker

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 659. By Representatives Galer of the 97th, Watson of the 114th, Kilgore of the 42nd and others:
Senate Sponsor: Senator Hudgins of the 15th.

A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly

FRIDAY, FEBRUARY 26, 1988

1453

to provide by law for the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corporations or agricultural enterprises which are domi ciled in Georgia; to provide for payments into the fund and disbursements therefrom; to provide that moneys in the fund shall not lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by ad ding at the end thereof a new subparagraph (g) to read as follows:
"(g) The General Assembly is authorized to provide by law for the creation of an Ex port Finance Fund from which funds shall be disbursed for a Georgia export finance pro gram to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corpora tions or agricultural enterprises which are domiciled in Georgia. The General Assembly is authorized to appropriate moneys to such fund and such moneys paid into the fund shall not be subject to the provisions of Article HI, Section IX, Paragraph IV(c) relative to the lapsing of funds. Moneys shall be paid out of the Export Finance Fund for such purposes in furtherance of the Georgia export finance program and pursuant to such procedures as pro vided by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Geor gia by corporations or agricultural enterprises which are domiciled in Geor gia?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun

Bryant Burton Coleman Coverdell Crumbley Dawkins Dean

Echols English Engram Fincher Garner Gillis Harris

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Harrison Mine Howard Hudgins Huggins Johnson Kidd Land
McGill

McKenzie Newbill Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd

Scott of 36th Starr Stumbaugh Taylor
Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Deal Edge

Foster Kennedy (presiding) Langford

Perry Shumake Tate (excused)

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 661. By Representatives Rainey of the 135th, Mangum of the 57th, Murphy of the 18th, Walker of the 115th, Groover of the 99th and others:
A resolution urging the United States Congress to take certain action with re spect to federal excise taxation of motor fuel.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

English Engram Fincher Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land McGill McKenzie Newbill

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Dean Echols Edge Foster

Garner Johnson Kennedy (presiding) Langford

Olmstead Shumake Tate (excused)

FRIDAY, FEBRUARY 26, 1988

1455

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 702. By Representative Langford of the 7th:
A resolution authorizing the leasing of certain state owned property located in Gordon County.
Senate Sponsor: Senator Brannon of the 51st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Gillis Harris Hine Hudgins Huggins Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Foster Garner Harrison Howard

Johnson Kennedy (presiding) McKenzie

Shumake Starr Tate (excused)

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general resolution of the House, having been read the third time and final action suspended on February 19, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its adoption:

HR 708. By Representatives Pettit of the 19th, Ramsey of the 3rd, Langford of the 7th and others:
A resolution designating certain public roads and highways as the Chieftains Trail.
Senate Sponsor: Senator Hine of the 52nd.

The substitute to HR 708 offered by Senator Hine of the 52nd on February 19, as it

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JOURNAL OF THE SENATE

appears in the Journal of February 19, was automatically reconsidered and put upon its adoption.
Senator Hine of the 52nd offered the following amendment: Amend the substitute to HR 708 offered by Senator Hine of the 52nd by striking "west" on line 22, page 1, and inserting in lieu thereof "east".
On the adoption of the amendment, the yeas were 34, nays 1, and the amendment was adopted.
On the adoption of the substitute, the yeas were 32, nays 1, and the substitute was adopted as amended.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Fincher Garner Harris Harrison Hine Hudgins Huggins Johnson Kidd Langford McGill

Voting in the negative was Senator Land.

Those not voting were Senators:

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger

Engram Foster Gillis Howard

Kennedy (presiding) McKenzie Shumake

Tate (excused) Timmons Walker

On the adoption of the resolution, the yeas were 45, nays 1.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

FRIDAY, FEBRUARY 26, 1988

1457

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 747. By Representatives Connell of the 87th, Ransom of the 90th, Padgett of the 86th and others:
A resolution designating the Savannah River Scenic Highway.
Senate Sponsors: Senators Allgood of the 22nd and Coleman of the 1st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill

Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Foster

Kennedy (presiding) McKenzie Olmstead

Shumake Tate (excused)

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
February 26, 1988
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, GA 30334

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Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1988 Regular Session as of 3:00 p.m. on February 26, 1988. The list is numbered 688 through 705.
Most sincerely,
/s/ Max Cleland
Attachments:
Received by /s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 688 through 705, who have registered in the Docket of Legislative Appearance as of February 26, 1988, 3:00 p.m., in accordance with Georgia Law 1970, pp. 695 as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 26th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-Eight and of the Independence of the United States of America the Two Hundred and Twelfth.
/s/ Max Cleland Secretary of State
(SEAL)

688. Booker T. Downie 141 Orange Street Cuthbert, Georgia 31740 912/732-2808 Brotherhood Maintenance of Way Employees
689. Quinton S. King 843 Dalrymple Road Atlanta, Georgia 30328 404/392-0770 Georgia Association of Realtors
690. W.M. Stapleton, Jr. Post Office Box 146 Milan, Georgia 31060 912/362-4176 United Transportation Union
691. Donald E. Tefft 165 Brickleberry Drive Roswell, Georgia 30075 404/436-7575 First Insurance Network, Inc. Peachtree Casualty Insurance Company

692. Robert L. Lowe, Jr. 1134 Morningside Place, N.E. Atlanta, Georgia 30306 404/892-0990 The Hundred Club of Georgia, Inc. Georgia Association of Professional Bondsmen
693. Steven L. Levetan 3340 Peachtree Street Suite 1700 Atlanta, Georgia 30306 404/262-1453 Georgia Association of Scrap Processors Institute of Scrap Recycling Industries, Southeast Chapter Southeast Recycling Elco Enterprises
694. Elizabeth G. Fridenmaker 120 Victor Road Warner Robins, Georgia 31088 912/922-1199 Citizen

FRIDAY, FEBRUARY 26, 1988

1459

695. Alien Williams, Jr. 3015 South Rainbow Drive Decatur, Georgia 30034 404/243-4363 Southeastern Training Corporation
696. Fred Greer, Jr. Post Office Box 4899 Atlanta, Georgia 30302-4899 404/581-4837 Citizens and Southern Corporation
697. Bonnie Mah 3650 9H Ashford Dunwoody Atlanta, Georgia 30319 404/452-8845 American Massage Therapy Association Coalition for Alternatives in Nutrition and Healthcare, Inc.
698. Toni Roberts 1805 Roswell Road #38D Marietta, Georgia 30062 404/565-4042 American Massage Therapy Association Coalition for Alternatives in Nutrition and Healthcare, Inc.
699. Donna E. Johnson 20 Marietta Street, N.E. Atlanta, Georgia 30303 404/577-7150 Lifelink of Georgia
700. Mark Hamilton 1 Franklin Plaza Philadelphia, Pennsylvania 19101 215/751-3339 Smithkline Consumer Products

701. Daniel G. Lee 20 Marietta Street, N.W. Suite 1010 Atlanta, Georgia 30303 404/577-7150 Lifelink of Georgia DeKalb Tech Open City-Create Credit Education Association
702. Mrs. Bonnie D. Winfrey AAHCC 5310 Old Bill Cook Road College Park, Georgia 30349 404/768-4072 Bradley Natural Childbirth
703. Pete D. Castelli, Jr. 136 Marietta Street #347 Atlanta, Georgia 30303 404/521-3731 Georgia Environmental Project
704. Cindy E. Wyatt-Ray 136 Marietta Street Suite 347 Atlanta, Georgia 30303 404/521-3731 Georgia Environmental Project
705. Sally Tyler 235 E. Ponce de Leon Decatur, Georgia 30030 404/377-2181 Georgia Abortion Rights Action League

Serving as doctor of the day today was Dr. L. O. Sutter, of Chatsworth, Georgia.

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. today and, at that time, stand adjourned, pursuant to SR 406, adopted previously, until 10:00 o'clock A.M. on Monday, February 29; the motion prevailed.

At 11:43 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess until 5:00 o'clock P.M. and, at that time, stand adjourned, pursuant to SR 406, adopted previously, until 10:00 o'clock A.M. on Monday, February 29.

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Senate Chamber, Atlanta, Georgia Monday, February 29, 1988 Thirty-fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator English of the 21st reported that the Journal of the proceedings of Friday, February 26, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1831. By Representative Dixon of the 151st: A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
HB 1880. By Representative McDonald of the 12th: A bill to reincorporate and continue the Town of Talmo, in Jackson County, Georgia, and provide for its boundaries and powers.
HB 1881. By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st: A bill to provide that the chief magistrate of the Magistrate Court of Carroll County shall be an attorney authorized to practice law in the State of Georgia.
HB 1882. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend an Act providing a new charter for the City of Mt. Zion, so as to provide for the corporate limits of the city.
HB 1883. By Representatives Chambless of the 133rd, White of the 132nd and Balkcom of the 140th: A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for the salary of the judge of the probate court; to provide an effective date.
HB 1884. By Representative Crawford of the 5th: A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and solicitor of said court.
HB 1885. By Representatives Isakson of the 21st, Thompson of the 20th, Aiken of the 21st, Atkins of the 21st, Clark of the 20th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the State Court of Cobb County.

MONDAY, FEBRUARY 29, 1988

1461

HB 1886. By Representatives Clark of the 20th, Wilder of the 21st, Isakson of the 21st, Lawler of the 20th, Thompson of the 20th and others: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to change the compensation of said judge.
HB 1887. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act changing the composition of and manner of selection of the members of the board of education of Clayton County, so as to provide that the board of education shall consist of no more than 11 members.
HB 1889. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act creating a new charter for the City of Jonesboro, so as to change the terms of office of the mayor and councilmen; to provide for election of the mayor and councilmen; to change the date of the election.
SB 659. By Senator Timmons of the llth: A bill to repeal an Act providing for the compensation of the treasurer of Seminole County, as amended; to provide an effective date.
SB 660. By Senator Timmons of the llth: A bill to abolish the office of county treasurer of Seminole County.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
SB 624. By Senator Kidd of the 25th: A bill to provide for a supplement to the compensation, expenses, and allowances of the district attorney for the Ocmulgee Judicial Circuit; to provide for contribu tions to be paid by certain counties comprising said circuit; to provide an effec tive date; to provide for applicability.
SB 544. By Senator Langford of the 35th: A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," so as to delete certain provisions relat ing to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provi sions relating to liability insurance.
SB 630. By Senators Barnes of the 33rd and Hudgins of the 15th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit counties and municipal corporations and officials and employees thereof from installing, servicing, maintaining, operating, selling, or leasing as lessor any burglar alarm systems, fire alarm systems, or other electronic security systems on private property under certain circumstances.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 550. By Senators Gillis of the 20th, English of the 21st and Ray of the 19th: A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to de-

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fine the practice of professional forestry; to provide for the appointment of the State Board of Registration for Foresters; to revise the qualifications, time for meetings, powers, and records of said board.
SB 437. By Senator Peevy of the 48th: A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to create the State Map ping Advisory Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings.
SB 574. By Senator Engram of the 34th: A bill to amend Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to define certain terms; to change the prescribed color of handicapped parking permits.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 546. By Senator Dean of the 31st: A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide for grants to municipal corporations and counties for jails and correctional institutions; to provide for confirmation and ratification of prior grants; to provide for coopera tive agreements between the department and municipal corporations and counties.
SB 470. By Senators Garner of the 30th, Newbill of the 56th and Crumbley of the 17th: A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of the sentence by a judge in misdemeanor and felony cases generally, so as to provide that in cases where the defendant has been punished by a fine, the sentencing judge shall be authorized to allow the defendant to sat isfy such fine through community service.
SB 490. By Senator Dawkins of the 45th: A bill to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions with respect to collection of debts through setoff of refunds from income taxes, so as to change the definition of the term "claimant agency".
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
SR 376. By Senator Turner of the 8th: A resolution designating the James G. Connell Bridge.
SR 300. By Senators Crumbley of the 17th, Barnes of the 33rd, Garner of the 30th and others: A resolution creating the Commission on Criminal Sanctions and Correctional Facilities.
HR 905. By Representatives Rainey of the 135th and Wood of the 9th: A resolution authorizing and directing the placing of a plaque honoring General Courtney Hicks Hodges on the outside of the General Courtney Hicks Hodges Building.

MONDAY, FEBRUARY 29, 1988

1463

The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 267. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to provide for sovereign immunity and official immunity and to provide for the circumstances and procedures under which such immunity shall be raised and to provide the General Assembly with certain authority to enact laws relating to sovereign and official immunity; to provide for submission of this amendment for ratification or rejection.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 862. By Representative Colbert of the 23rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fish ing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses.
The Speaker has appointed on the part of the House, Representatives Rainey of the 135th, Moody of the 153rd and Watts of the 41st.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.
The Speaker has appointed on the part of the House, Representatives Colwell of the 4th, Groover of the 99th and Bostick of the 138th.
The House adheres to its position in disagreeing to the Senate amendment to the House

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amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 245. By Senator Broun of the 46th: A bill to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.
The Speaker has appointed on the part of the House, Representatives Stephens of the 68th, Thurmond of the 67th and Clarke of the 13th.
The following resolutions of the Senate were introduced, read the first time and re ferred to committees:
SR 435. By Senator Engram of the 34th: A resolution urging the State Merit System of Personnel Administration to en courage personnel directors of state agencies and the Georgia Building Authority to create designated smoking areas in government buildings.
Referred to Committee on Human Resources.
SR 438. By Senators McKenzie of the 14th, Gillis of the 20th, English of the 21st and others: A resolution creating the Senate Solid Waste Management Study Committee.
Referred to Committee on Natural Resources.
SR 439. By Senator Dean of the 31st: A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committee:
HB 1831. By Representative Dixon of the 151st: A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
Referred to Committee on Urban and County Affairs.
HB 1880. By Representative McDonald of the 12th: A bill to reincorporate and continue the Town of Talmo, in Jackson County, Georgia, and provide for its boundaries and powers.
Referred to Committee on Urban and County Affairs.
HB 1881. By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st: A bill to provide that the chief magistrate of the Magistrate Court of Carroll County shall be an attorney authorized to practice law in the State of Georgia.
Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 29, 1988

1465

HB 1882. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend an Act providing a new charter for the City of Mt. Zion, so as to provide for the corporate limits of the city. Referred to Committee on Urban and County Affairs.

HB 1883. By Representatives Chambless of the 133rd, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for the salary of the judge of the probate court; to provide an effective date.
Referred to Committee on Urban and County Affairs.

HB 1884. By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and solicitor of said court.
Referred to Committee on Urban and County Affairs.

HB 1885. By Representatives Isakson of the 21st, Thompson of the 20th, Aiken of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the State Court of Cobb County.
Referred to Committee on Urban and County Affairs.

HB 1886. By Representatives Clark of the 20th, Wilder of the 21st, Isakson of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to change the compensation of said judge.
Referred to Committee on Urban and County Affairs.

HB 1887. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act changing the composition of and manner of selection of the members of the board of education of Clayton County, so as to provide that the board of education shall consist of no more than 11 members.
Referred to Committee on Urban and County Affairs.

HB 1889. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating a new charter for the City of Jonesboro, so as to change the terms of office of the mayor and councilmen; to provide for election of the mayor and councilmen; to change the date of the election.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Appropriations has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 384. Do pass.

HB 216. Do pass by substitute.

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HB 1001. HB 1277. HB 1535. HB 1691. HR 547.

Do pass by substitute. Do pass by substitute. Do pass. Do pass by substitute. Do pass.

HR 573. HR 587. HR 588. HR 705. HR 749.

Do pass. Do pass. Do pass. Do not pass. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1405. HB 1565. HB 1451. HB 1370. HB 1638.

Do pass. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass.

HB 1576. HB 1361. HB 1366. HR 792. SR 408.

Do pass. Do pass. Do pass. Do pass. Do pass by substitute.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1708. HB 1742. HB 1799. HB 1800. HB 1807. HB 1812. HB 1814. HB 1818. HB 1819. HB 1820. HB 1821. HB 1824. HB 1827. HB 1828. HB 1829. HB 1830. HB 1832. HB 1834. HB 1835.

Do pass.

HB 1838. Do pass.

Do pass.

HB 1844. Do pass.

Do pass as amended.

HB 1845. Do pass.

Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1847. HB 1852. HB 1853. HB 1855. HB 1856. HB 1857. HB 1859. HB 1860. HB 1861. HB 1862. HB 1863. HB 1864. HB 1865. HB 1867.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Do pass.

HB 1842. Do pass. Respectfully submitted,

Senator Turner of the 8th District, Chairman

MONDAY, FEBRUARY 29, 1988

1467

The following bills and resolutions of the Senate and House were read the second time:
SR 386. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and others:
A resolution creating the Head Injury Treatment and Rehabilitation Study Committee.
SR 409. By Senator Stumbaugh of the 55th:
A resolution directing the Senate Committee on Insurance to study the feasibility of establishing a state health insurance pool.
SR 423. By Senators McGill of the 24th, Echols of the 6th, Gillis of the 20th and others:
A resolution regarding tobacco export to South Korea.
HB 71. By Representatives Jackson of the 9th, Crosby of the 150th, Barnett of the 10th, Porter of the 119th, Lane of the 27th and Barnett of the 59th:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts and safety restraints for children in motor vehicles, so as to change the class of individuals who are covered by the requirement to use child passenger restraining systems; to provide an expanded definition of compli ance with the requirement to use such systems.
HB 704. By Representatives Couch of the 40th, Johnson of the 72nd, Lane of the 27th and others:
A bill to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Geor gia, so as to provide that persons employed after a certain date by a certain county school system shall be members of the Teachers Retirement System of Georgia and may not be members of a local retirement fund.
HB 816. By Representative Redding of the 50th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize doctors of optometry to use trade names in conjunction with the practice of optometry.
HB 1213. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to applications for membership in the Peace Officers' Annuity and Bene fit Fund and medical examinations in connection therewith, so as to change the provisions relative to the date of medical examinations.
HB 1216. By Representatives Benn of the 38th, Clark of the 13th, Greer of the 39th and others:
A bill to amend Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions regarding employee records checks for daycare centers, so as to change a definition.

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HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons.
HB 1333. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, so as to change the jurisdiction of said court; to provide for the method by which salaries of the judges of such courts are set.
HB 1355. By Representatives Thompson of the 20th, Hensley of the 20th and Smyre of the 92nd:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to provide for reporting of child abuse by certain persons.
HB 1363. By Representatives Thurmond of the 67th, Lee of the 72nd, Walker of the 85th and Bishop of the 94th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide pay ments to licensed child placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense.
HB 1413. By Representatives Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 50-20-3 of the Official Code of Georgia Annotated, relating to required reports and agreements by nonprofit contractors who engage in business with the state, so as to preclude duplication of audits; to require fi nancial statements to include revenues and expenditures in certain instances; to increase the reporting requirements so that the required audit must be submitted annually rather than biennially.
HB 1434. By Representatives Herbert of the 76th, Richardson of the 52nd, Mostiler of the 75th, Townsend of the 24th and Steinberg of the 46th:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to the parent and child rela tionship, so as to change the provisions relating to visitation rights of grandpar ents and actions related thereto.
HB 1489. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide for examinations of any authorized insurer which changes its domicile from Georgia to another state.
HB 1527. By Representatives Pettit of the 19th, Lee of the 72nd and Dunn of the 73rd:
A bill to amend Code Section 33-29-2 of the Official Code of Georgia Annotated, relating to requirements of policies of individual accident and sickness insurance,

MONDAY, FEBRUARY 29, 1988

1469

so as to assure that insurance coverage is provided for adopted children in the same manner as it is provided for other dependents without discrimination for any preexisting conditions.
HB 1528. By Representative Pettit of the 19th:
A bill to amend Code Section 44-5-145 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to eliminate the requirement that documents making anatomical gifts be signed by two witnesses.
HB 1589. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insur ance, so as to provide that a publicly owned corporation shall have an insurable interest in the lives of any of its directors, officers, and employees.
HB 1590. By Representative Birdsong of the 104th:
A bill to amend Chapter 15 of Title 33 of the Official Code of Georgia Annotated, relating to fraternal benefit societies, so as to require any provision relating to the control of the exercise of rights under life benefit certificates to be set out under a separate caption and printed in boldface type.
HB 1612. By Representative Richardson of the 52nd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations; Code Section 29-4-6; Code Section 34-9-13; Title 49; Code Section 51-4-2; and Title 53, so as to delete therefrom the words "illegitimate" and "bastard" and derivations of either and substitute words relating to being born out of wedlock.
HB 1660. By Representatives Porter of the 119th, Jackson of the 9th, Lawson of the 9th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law.
HB 1671. By Representatives Ware of the 77th and Wood of the 9th:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to change the scope and applicability of coverage of such association; to provide that a person may be a resident only of one state for purposes of payments from the association; to provide for coverages of the guaranty association to certain eligible persons.
HB 1674. By Representative Stephens of the 68th:
A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties at tax sales, so as to provide a date for the expiration of the redemption period for realty sold under tax execution before August 22, 1981.
HB 1731. By Representative Groover of the 99th:
A bill to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to change the definition of the term "reports" as it applies to official reports of the decisions of the Supreme Court or the Court of Appeals.

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HB 1732. By Representative Groover of the 99th:
A bill to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to supervision, support, and interment of indigent persons, so as to change provisions relating to interment of deceased indigents and payment therefor.

HB 1747. By Representative Ware of the 77th:
A bill to amend Code Section 33-10-2 of the Official Code of Georgia Annotated, relating to assets excluded from consideration in the determination of the finan cial condition of an insurer, so as to provide for the allowance of the use of good will under limitations imposed by rules of the Commissioner of Insurance.

HB 1779. By Representatives Moore of the 139th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change references to the State Board of Postsecondary Vocational Education to the Department of Technical and Adult Education.

HB 1806. By Representatives Ray of the 98th, Sherrod of the 143rd, Royal of the 144th and Carrell of the 65th:
A bill to amend Code Section 4-3-10 of the Official Code of Georgia Annotated, relating to fees for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals, so as to change such fees.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

MONDAY, FEBRUARY 29, 1988

1471

Those not answering were Senators:

Barker Engram

Garner Phillips

Tate (excused)

Senator McGill of the 24th introduced the chaplain of the day, Reverend Albert Huyck, pastor of Washington Baptist Church, Washington, Georgia.

Senator Kennedy of the 4th introduced the family of Mrs. Florence McGill, the late wife of Senator Sam McGill of the 24th District, to whom regrets were expressed by the Senate in SR 364, adopted previously, and Senators Gillis of the 20th and Fincher of the 54th briefly eulogized Mrs. McGill.

Senator Edge of the 28th introduced Honorable Robert Dole, a member of the U. S. Senate and a Republican candidate for the office of President of the United States, and his wife, Elizabeth, and Senator Dole briefly addressed the Senate.

The following resolutions of the Senate and House were read and adopted:

SR 434. By Senator Kennedy of the 4th:
A resolution congratulating Mr. and Mrs. Frank Lanier on their fiftieth wedding anniversary.

SR 436. By Senator Broun of the 46th: A resolution honoring and commending Dr. Tal C. Duvall.

SR 437. By Senator Garner of the 30th: A resolution commending the Carrollton High School Debate Team.

SR 440. By Senators Tysinger of the 41st and Scott of the 2nd: A resolution commending Mr. Joe T. LaBoon.

SR 441. By Senators Taylor of the 12th, McKenzie of the 14th, Gillis of the 20th and English of the 21st:
A resolution requesting the Commissioner to designate the Albert "Al" Holloway Labor Building.

HR 916. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and others:
A resolution commending Duncan Moore.

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Monday, February 29, 1988
THIRTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

1472

JOURNAL OF THE SENATE

HB 1708 HB 1742 *HB 1799 HB 1807 HB 1812 HB 1814
HB 1818 HB 1819 HB 1820

Dawkins, 45th City of Mansfield Newton County
Provides new charter for city.
Dean, 31st Hine, 52nd Bartow County
Provides that vehicles shall be registered and licensed to operate in county during designated registration periods.
Crumbley, 17th Henry County
Provides for chairman of the Board of Commissioners of county to be elected by the voters of county voting on a county-wide basis; provides that such chairman shall be the chief executive officer of county. (AMENDMENT)
Dawkins, 45th Rockdale County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated periods.
Crumbley, 17th Starr, 44th City of Jonesboro Clayton County
Provides a method of filling vacancies in the office of mayor or councilman for city.
Crumbley, 17th City of Riverdale Clayton County
Establishes a homestead exemption from city ad valorem taxes for residents of city who are 65 years of age or over and who own and occupy their resi dences if the gross income of said residents, together with the gross income of their spouses, does not exceed $4,000.00 for the immediately preceding tax able year; provides for a referendum.
Echols, 6th City of Folkston Charlton County
Provides a new charter for city; changes certain provisions relating to the jurisdiction, powers, and authority of the Municipal Court of city.
Harris, 27th Crawford County
Provides conditions under which the Board of Education of county will be authorized to hold regular and other meetings at locations within the county instead of at the county seat.
Harris, 27th Crawford County
Grants the Probate Court of county jurisdiction over violations or ordinances of county; provides for a prosecuting attorney and for practices and proce dures.

MONDAY, FEBRUARY 29, 1988

1473

HB 1821 Hine, 52nd City of Rome Floyd County
Provides for an additional member of the Board of Education.
HB 1824 McGill, 24th Wilkes County
Changes compensation of tax commissioner.
HB 1827 Dawkins, 45th Walton County
Provides a $10,000.00 homestead exemption from Walton County District ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over.
HB 1828 Edge, 28th Coweta County
Provides a homestead exemption from all county school district ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $12,500.00 and who are totally dis abled or 65 years of age or over.
HB 1829 Dawkins, 45th Walton County
Provides a $10,000.00 homestead exemption from county school district ad valorem taxes for educational purposes for certain disabled residents of that county who have annual incomes not exceeding $15,000.00.
HB 1830 Dawkins, 45th Walton County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods.
HB 1832 Perry, 7th Berrien County
Changes certain provisions relative to the Magistrate Court of county; pro vides for salary of the chief magistrate.
HB 1834 Kidd, 25th City of Irwinton Wilkinson County
Provides a new charter for city.
HB 1835 Kidd, 25th City of Gordon Wilkinson County
Provides new charter for city.

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JOURNAL OF THE SENATE

HB 1838 Barker, 18th City of Centerville Houston County
Defines corporate limits of city.
HB 1844 Dawkins, 45th Newton County Changes provisions relative to compensation of members of chairman of Board of Education.
HB 1845 Timmons, llth City of Pelham Mitchell County Continues city of Pelham school system and the Board of Education therefor.
HB 1847 Gillis, 20th Johnson County Changes method of selection of chief magistrate for Magistrate Court.
HB 1852 Taylor, 12th City of Albany Dougherty County Provides a $2,000.00 homestead exemption from ad valorem taxes of the city for certain individuals; provides an additional $2,000.00 homestead exemp tion from ad valorem taxes of city for individuals 65 years of age or older.
HB 1853 Taylor, 12th Dougherty County Changes the dollar amount of contracts and purchases below which the ad ministrator need not seek approval from the governing authority.
HB 1855 Kennedy, 4th Bulloch County
Changes compensation of coroner.
HB 1856 Kennedy, 4th Bulloch County
Changes compensation of judge and solicitor of said court.
HB 1857 Baldwin, 29th City of Manchester Meriwether County Provides for election of members of Board of Commissioner of city.
HB 1859 Crumbley, 17th Starr, 44th Clayton County
Changes compensation of sheriff and clerk of Superior Court of county; changes compensation of deputy clerk of Superior Court.

MONDAY, FEBRUARY 29, 1988

1475

HB 1860 Starr, 44th Crumbley, 17th Clayton County
Changes compensation of judge of Probate Court.
HB 1861 Crumbley, 17th Starr, 44th Clayton County
Provides that future school superintendents of county school district shall be appointed by the Board of Education rather than elected.
HB 1862 Starr, 44th Crumbley, 17th Clayton County
Changes compensation of the official court reporters of the Clayton Judicial Circuit.
HB 1863 Starr, 44th Crumbley, 17th Clayton County
Changes provisions relative to compensation of tax commissioner; changes the provisions relative to the compensation of deputy tax commissioner.
HB 1864 Crumbley, 17th Starr, 44th Clayton County
Changes compensation of deputy clerk of Superior Court; changes compensa tion of judge and solicitor of said court.
HB 1865 Crumbley, 17th Henry County
Provides $20,000.00 homestead exemption from Henry County School Dis trict ad valorem taxes for educational purposes for residents of that school district who are 62 years of age but below 65 years of age; provides a $25,000.00 homestead exemption from Henry County School District taxes for residents of that school district who are 65 years of age.
HB 1867 Perry, 7th Tift County
Changes name of Tift County Airport Authority.
HB 1842 Stumbaugh, 55th Howard, 42nd Tysinger, 41st Burton, 5th Walker, 43rd DeKalb County
Changes provisions relating to authority of the Chief Executive to vote on matters before the Commission when members of the Commission are equally divided; provides that certain department heads shall be under the DeKalb County Merit System.

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JOURNAL OF THE SENATE

*HB 1800

Johnson, 47th City of Comer Madison County
Provides for continuation of the governing body of the city; changes certain designations and references; provides for elections of council persons of the city from council districts. (AMENDMENT)

The amendments to the following bills were put upon their adoption:

*HB 1799:

The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1799 by striking from line 33 of page 8 the following: "a date to be determined in the month of August,", and inserting in lieu thereof the following:
"the first Tuesday in November,".

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

*HB 1800:

The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1800 by striking from lines 27 and 28 of page 7 the following: ", but no municipal general election shall be held in 1990".

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

MONDAY, FEBRUARY 29, 1988

1477

Those not voting were Senators:

Allgood Broun Coleman Deal

Garner Hine Howard Johnson

Phillips Ragan of 10th Timmons

On the passage of all the local bills, the yeas were 45, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1799 and HB 1800, having received the requisite constitutional majority, were passed.

HB 1799 and HB 1800, having the requisite constitutional majority, were passed as amended.

SENATE RULES CALENDAR

Monday, February 29, 1988

THIRTY-FIFTH LEGISLATIVE DAY
HB 1411 Radiation Control--change certain definitions (Amendment) (Nat R--45th) HB 1768 Person Displaced by Federal-Aid Projects--relocation assistance (Trans--1st) HB 1769 Tollway Authority--redefine revenue bonds, relocation assistance (Trans--1st) HB 896 Employees' Retirement System--include Agrirama Development Authority em
ployees (Ret--24th) HB 1350 Coroner--fees relating to jury investigations, impaneling (Substitute) (S
Judy--9th) HB 1342 Certain State Officials--change compensation (Rules--33rd) HB 1499 Housing Authorities and Residential Finance Authorities--cooperation (U&CA
G--43rd) HB 1501 Urban Residential Finance Authorities--certain definitions (U&CA G--43rd) HB 1502 Downtown Development Authorities--contracts, agreements (U&CA G--14th) HR 799 Marietta-Cobb County--new lease on certain state property (Pub U--37th) HB 1550 Cities, Counties--multiyear contracts (Substitute) (U&CA G--49th) HB 1450 Family Violence Shelters--licensing (C&Y--56th) HB 776 Offenses Bailable Only Before Superior Court Judge--change (Substitute)
(Judy--29th) HB 1530 Services of Sheriffs--change certain fees (Substitute) (Judy--49th) HB 1282 Motor Carriers Operated Under Permit--registration (Trans--12th) HB 1395 Managerial Control Over Acquisition of Professional Services--exemption (Pub
U--2nd) HB 1391 Magistrate Court--fee, hearing application, bad check citation (S Judy--43rd) HB 1598 Judicial Proceedings--prohibit destruction of certain records (Judy--49th) HB 1151 Trustee Powers--executory and termination of irrevocable executory trusts
(B&F--15th) HB 1446 Sport Trotline--prohibit within >/2 mile below dam (Nat R--20th) HB 1406 Protective Order--sheriff carrying out (Judy--49th) HB 1496 Billiard Rooms--county governing authority power to license (U&CA G--33rd) HR 621 Barrow County--annexation of certain state property (Pub U--48th) HB 1563 Hazardous Waste--powers of Natural Resources, Environmental Protection Divi
sion (Substitute) (Nat R--20th)

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JOURNAL OF THE SENATE

HB 430 Laws Dealing with Housing Discrimination--revise (Substitute) (S Judy--43rd) HB 1261 Municipal Corporations' Jailers--chief of police (Pub S--33rd) HR 756 Chatham County--conveyance of certain state property (Pub U--2nd)
Respectfully submitted, /s/ Dean of the 31st, Chairman
Senate Rules Committee
Senator Starr of the 44th moved that the following bill of the House be withdrawn from the Senate Committee on Appropriations and committed to the Senate Committee on Judiciary:
HB 1529. By Representatives Cox of the 141st and Long of the 142nd: A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement of counties for expenses of capital felony prosecutions, so as to change the definition of the term "county revenue"; to change the provisions relating to the basis for reimbursement of counties for cap ital felony expenses.
On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 1529 was with drawn from the Senate Committee on Appropriations and committed to the Senate Com mittee on Judiciary.
Senator Dawkins of the 45th moved that the following bill of the House be withdrawn from the Senate Committee on Insurance and committed to the Senate Committee on In dustry and Labor:
HB 1364. By Representatives Walker of the 85th and Brown of the 88th: A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," so as to change the provisions re lating to liability insurance.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1364 was with drawn from the Senate Committee on Insurance and committed to the Senate Committee on Industry and Labor.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
SB 630. By Senators Barnes of the 33rd and Hudgins of the 15th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit counties and municipal corporations and officials and employees thereof from installing, servicing, maintaining, operating, selling, or leasing as lessor any burglar alarm systems, fire alarm systems, or other electronic security systems on private property under certain circumstances.
The House amendments were as follows:
Amendment No. 1:
Amend SB 630 as follows:
"This Act shall not prevent volunteer fire departments from selling or leasing battery operated fire detection equipment, or fire extinguishers in their service areas."

MONDAY, FEBRUARY 29, 1988

1479

Amendment No. 2:
Amend SB 630 as follows: Strike on lines 19 and 20, "nor any official or employee thereof.
Senator Barnes of the 33rd moved that the Senate agree to the House amendments to SB 630.

On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen ^rannon
un
Coleman Coverdell Dawkins Deal Dean Echols Edge

Engram Fincher Foster Garner
Gillis Harris Harrison
Hudgins Huggins
Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Walker

Those not voting were Senators:

Crumbley English Hine

Howard Johnson

Timmons Tysinger

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 630.
The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fish ing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses.
Senator Turner of the 8th moved that the Senate adhere to the Senate substitute to HB 1597, and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1597.

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JOURNAL OF THE SENATE

The President appointed as a Conference Committee on the part of the Senate the following: Senators Turner of the 8th, Gillis of the 20th and Kennedy of the 4th.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 453. By Senators Newbill of the 56th, Deal of the 49th, Foster of the 50th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 267. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to provide for sovereign immunity and official immunity and to provide for the circumstances and procedures under which such immunity shall be raised and to provide the General Assembly with certain authority to enact laws relating to sovereign and official immunity; to provide for submission of this amendment for ratification or rejection.

The House amendment was as follows:
Amend SR 267, on page 2 by adding a sentence at the end of line 22 to read as follows:
"The waiver of immunity of counties, municipalities and school districts shall be pro vided pursuant to Article IX, Section II, Paragraph IX of this Constitution and such entities shall not be subject to this Paragraph."

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SR 267.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Huggins Kennedy

Kidd Land Langford McGill Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd

MONDAY, FEBRUARY 29, 1988

1481

Scott of 36th Shumake Starr

Stumbaugh Taylor Turner

Tysinger Walker

Those not voting were Senators:

Broun Crumbley Mine

Howard Hudgins Johnson

McKenzie Tate Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 267.

The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1768. By Representatives Groover of the 99th and Triplet! of the 128th:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, and Chapter 8 of Title 32 of the Official Code of Georgia Annotated, relating to relocation assistance, so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes
fBR?orowuenn Burton Coleman Coverdell Deai Dean Echols Edge English

Bngram Fincher Foster Garner
Gillis
HuHaarrrnisson Huggins Johnson Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th
RRDaagyan of 32nd Scott of 2nd Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Crumbley Dawkins Hine

Howard Hudgins McKenzie

Scott of 36th Tate Timmons

On the passage of the bill, the yeas were 46, nays 0.

1482

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 1769. By Representatives Groover of the 99th and Triplett of the 128th:
A bill to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to change the definition of the terms "relocation assistance" and "revenue bonds"; to change the powers of the authority; to provide for compliance with federal law.
Senate Sponsor: Senator Coleman of the 1st.
Senator Coverdell of the 40th offered the following amendment:
Amend HB 1769 by adding after line 35 of page 6 a new section to read as follows:
"Section 6.5. Said article is further amended by adding immediately following Code Section 32-10-75, relating to the construction of said article, a new Code Section 32-10-76 to read as follows:
'32-10-76. Notwithstanding the other provisions of this article, the authority shall not finance, acquire rights of way for, construct, or operate a project which is wholly within the jurisdiction of one county without first receiving approval of the project by the voters of the county in a public referendum." "
On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun Burton Coverdell Land

Langford Newbill Phillips Ragan of 32nd

Scott of 36th Stumbaugh Taylor Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hudgins Hugging Johnson Kennedy Kidd McGill

McKenzie Olmstead Peevy Perry Ragan of 10th Ray Scott of 2nd Shumake Starr Tate Timmons Turner Tysinger

Those not voting were Senators:

Allgood Bryant

Harrison Hine

Howard

On the adoption of the amendment, the yeas were 12, nays 39, and the amendment was lost.

Senator Coverdell of the 40th offered the following amendment: Amend HB 1769 by adding after line 35 of page 6 a new section to read as follows:

MONDAY, FEBRUARY 29, 1988

1483

"Section 6.5. Said article is further amended by adding immediately following Code Section 32-10-75, relating to the construction of said article, a new Code Section 32-10-76 to read as follows:
'32-10-76. Notwithstanding the other provisions of this article, the authority shall not finance, acquire rights of way for, construction, or operate a project without first receiving the approval of the governing authority of each city and county in which the project is located.' ".
On the adoption of the amendment, the yeas were 13, nays 30, and the amendment was lost.
Senator Coverdell of the 40th offered the following amendment:
Amend HB 1769 by inserting on line 4 of page 1 after the words and symbol " 'revenue bonds';" the following:
"to change the membership of the authority;",
and by inserting between lines 8 and 9 of page 2 the following:
"Section 2. Said article is further amended by striking subsection (a) of Code Section 32-10-62, relating to membership, compensation, bylaws, and quorum of the authority, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The members of the authority shall be ex officio the Governor, the commissioner of transportation, the director of the Office of Planning and Budget, the chairman of the Board of Directors of the Metropolitan Atlanta Rapid Transit Authority, the Secretary of State, the state revenue commissioner, and the commissioner of community affairs; and member ship shall be a separate and distinct duty for which they shall receive no additional compen sation. All members of the authority shall be entitled to all actual expenses necessarily in curred while in the performance of duties on behalf of the authority. The authority shall elect one of its members as chairman. It shall also elect a secretary and a treasurer, who need not necessarily be members of the authority. The authority may make such bylaws for its government as is deemed necessary but it is under no duty to do so. A majority of the members of the authority shall constitute a quorum necessary for the transaction of busi ness, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article.'"
By redesignating Sections 2 through 9 as Sections 3 through 10, respectively.
On the adoption of the amendment, the yeas were 14, nays 24, and the amendment was lost.
Senator Coverdell of the 40th offered the following amendment:
Amend HB 1769 by striking from line 30 of page 5 and line 17 of page 6 the following: "may",
and inserting in lieu thereof the following:
"shall",
and by striking from lines 10 and 11 of page 6 the following:
"department",
and inserting in lieu thereof the following:
"State of Georgia".
On the adoption of the amendment, the yeas were 15, nays 25, and the amendment was lost.

1484

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon

Engram Fincher Foster Garner Gillis Harris Harnson

Bryant CCorulemmbaleny
Dawkins Deal Dean Echols Edge English

Johnson KKeidndnedy
Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd Rav Scott of 2nd Scott of
S,, humake ,,Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Burton

Coverdell

Phillips

Those not voting were Senators:

Hine

Howard

Hudgins

On the passage of the bill, the yeas were 50, nays 3.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 862. By Representative Colbert of the 23rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.

Senator Newbill of the 56th moved that the Senate insist upon the Senate substitute to HB 862.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 862.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

MONDAY, FEBRUARY 29, 1988

1485

Mr. President:
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" sys tems directly from subscribers of telephone service.
The Speaker has appointed on the part of the House, Representatives Alford of the 57th, Watson of the 114th and Pettit of the 19th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 453. By Senators Newbill of the 56th, Deal of the 49th, Foster of the 50th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
The House substitute to SB 453 was as follows:
A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issu ance of permits for solid waste disposal sites which will be located within a certain distance of a national historic monument under certain circumstances; to provide certain exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," is amended by adding between Code Sec tions 12-8-28 and 12-8-29 of a new Code Section 12-8-28.1 to read as follows:
"12-8-28.1. In order to preserve historic sites and their natural and built environments, no permit shall be issued for a solid waste disposal site within 5,708 yards of the geographic center of any site designated as a national historic monument; provided, however, that the director may permit such a site if the requesting party provides evidence that no alternative sites or methods are available to that jurisdiction for the handling of its solid waste. This Code section shall apply to all permit applications made on or after July 1, 1988, and to all permits issued prior to July 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 453.
On the motion, a roll call was taken, and the vote was as follows:

1486

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Bowen
Burton D_Eceh,aol l.s Edge Fincher

Howard
Huggins L,M,acnKTd,enzie Newbill Perry

Phillips Stumbaugh Tli-mmmmnonnas
Turner Tysinger

Those voting in the negative were Senators:

Albert
Barker Barnes
Brannon Broun Bryant
Coverdell Crumbley Dawkins Dean

English
Foster Garner
Gillis Harris Johnson
Kennedy Kidd Langford McGill

Olmstead
Peevy Ragan of 10th
Ray Scott of 2nd Scott of 36th
Starr Tate Taylor Walker

Those not voting were Senators:

Allgood Baldwin Coleman

Engram Harrison Hine

Hudgins Ragan of 32nd Shumake

On the motion, the yeas were 17, nays 30; the motion was lost, and the Senate did not agree to the House substitute to SB 453.

Senator McKenzie of the 14th moved that the Senate reconsider its action in defeating the motion offered by Senator Newbill of the 56th to agree to the House substitute to SB
453.

On the motion, Senator English of the 21st called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Brannon Broun Burton Coverdell
Crumbley Dawkins Deal Echols Edge Engram
Fincher

Foster Garner Harris Howard Huggins
Johnson Kidd Land McGill McKenzie Newbill
Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd
Ray Scott of 36th Stumbaugh Taylor Timmons Turner
Tysinger

Those voting in the negative were Senators:

Albert
Barker Barnes
Bryant Coleman

Dean
English Gillis
Kennedy Langford

Scott of 2nd gtarr
iate Walker

MONDAY, FEBRUARY 29, 1988

1487

Those not voting were Senators:

Allgood Baldwin

Harrison Hine

Hudgins Shumake

On the motion, the yeas were 36, nays 14; the motion prevailed, and the Senate recon sidered its action in defeating the motion offered by Senator Newbill of the 56th to agree to the House substitute to SB 453.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 896. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agrirama Development Authority shall become members of said retirement system.
Senate Sponsor: Senator McGill of the 24th.
The following actuarial report, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 896S (Substitute) (LC 7 6748S) Employees' Retirement System

This Bill provides that employees and officers of the Georgia Agrirama Development Authority would be members of the Employees' Retirement System (ERS) as of July 1, 1988. Officers or employees with prior ERS membership service would be allowed to con tinue with the same membership status if there was no break in service. All employer contri butions, including employee contributions made by employers on behalf of members, would be made from funds available for the operation of the authority. The authority would also be authorized to deduct any additional employee contributions from the employee's salary.

The following is a summary of the relevant findings of the actuarial investigation for this Bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

1488

JOURNAL OF THE SENATE

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$ 155,600

(2) The amount of annual normal cost which will result from the bill. $ 18,300

(3) The employer contribution rate currently in effect.

17.29%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

17.29%

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$

39,500

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Bryant
Coleman Crumbley Dawkins Deal Dean Echols

English Engram Foster Gillis Harris Harrison Huggins Johnson Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker CEdogveerdell Fincher Garner

Hine Howard Hudgins McKenzie

Scott of 2nd Shumake Stumbaugh Timmons

On the passage of the bill, the yeas were 43, nays 0.

MONDAY, FEBRUARY 29, 1988

1489

The bill, having received the requisite constitutional majority, was passed.
HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Edwards of the 112th and others:
A bill to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.
Senate Sponsor: Senator Phillips of the 9th.
The Senate Committee on Special Judiciary offered the following substitute to HB 1350:
A BILL
To be entitled an Act to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain fees relating to investigations and impaneling of juries by coroners; to authorize the General Assembly by local law to abolish the office of coroner and establish in lieu thereof the office of medical examiner in any county of this state; to provide for conditions for that local law; to provide for qualifications of medical examiners and the waiver thereof; to provide for appointments, service, compen sation, expenses, functions, powers, rights, and duties of medical examiners and the office thereof; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking subsection (b) of Code Section 45-16-27, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, and inserting in its place a new subsection (b) to read as follows:
"(b) Effective January 1, 1989, coroners shall be entitled to an investigation fee of $100.00 where no jury is impaneled and a fee of $100.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid by the county where the inquest is held except in counties where the coroner re ceives an annual salary, in which case no fee shall be imposed upon the county."
Section 2. Said chapter is further amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
45-16-80. (a) In any county of this state the General Assembly by local law is authorized to abolish the office of coroner and establish in lieu thereof the office of medical examiner, which medical examiner shall have the qualifications, powers, and duties provided in this Code section, and who shall be appointed and compensated and have the expenses of office paid as provided in this Code section. The local law abolishing the office of coroner shall specify the effective date of such abolition, which date shall be the date the office of medical examiner is established for the county to which that local law is applicable.
(b) A local law abolishing the office of coroner pursuant to this Code section shall com ply with the provisions of Code Section 1-3-11, requiring referenda approval on abolishing certain offices.

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JOURNAL OF THE SENATE

(c) To be eligible for the office of medical examiner, as established pursuant to this Code section, a person shall:
(1) Have a doctor of medicine degree and be licensed to practice medicine under the provisions of Chapter 34 of Title 43;
(2) Be eligible for certification by the American Board of Pathology; and
(3) Have at least one year of medico-legal training or one year of active experience in a scientific field in which legal or judicial procedures are involved at the county, state, or federal level.
(d) The requirements for medical examiners established pursuant to paragraphs (2) and (3) of subsection (c) of this Code section may be waived by the governing authority of any county in which the office of medical examiner is established pursuant to this Code section but may not be waived for any person for a longer period than one year.
(e) The medical examiner for any county in which the office of medical examiner is established pursuant to this Code section shall be appointed by the governing authority of that county, shall serve at the pleasure of that governing authority, shall be compensated in an amount determined by that governing authority, and all expenses of the office of such medical examiner shall, subject to county budgetary limitations, be paid from the general funds of that county.
(f) All of the functions, powers, rights, and duties of and heretofore exercised by the coroner of a county for which is established the office of medical examiner pursuant to this Code section with reference to post-mortem examinations and autopsies shall be performed and exercised by the medical examiner of that county, except that medical examiner shall have no authority to summon and impanel a jury to hold inquests.
(g) A medical examiner whose office is established for a county pursuant to this Code section shall be authorized to perform all of the functions prescribed for a coroner under the provisions of Article 2 of Chapter 16 of Title 45, the 'Georgia Post-Mortem Examination Act,' except that medical examiner shall have no authority to summon and impanel a jury to hold inquests.
(h) The provisions of Article 2 of Chapter 16 of Title 45, the 'Georgia Post-Mortem Examination Act,' including but not limited to the penalty provisions, shall apply in all cases regarding a medical examiner whose office is established pursuant to this Code section, except the provisions relating to the holding of inquests shall not apply.
(i) A medical examiner whose office is established for a county pursuant to this Code section shall not be required to meet any county residency requirements established by Code Section 45-2-1.
(j) Nothing in this Code section shall be construed to affect any medical examiner whose office was established or authorized by any amendment to the Constitution continued pursuant to Article XI, Section I, Paragraph IV of the Constitution."
Section 3. This Act shall become effective on April 30, 1988.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Edge of the 28th offered the following amendment:
Amend the substitute to HB 1350 offered by the Senate Committee on Special Judici ary by adding the following language following line 25 on page 4:
"Said chapter is further amended by striking Code Section 45-16-29 and inserting in lieu thereof a new Code Section 45-16-29 to read as follows:
'45-16-29. No person shall move or authorize the removal of any body from the place where the same is found until the investigation is completed and such removal is authorized by the peace officer present at such investigation; or, if no peace officer is present, the coro ner shall authorize such removal; provided, however, that this Code section shall not apply

MONDAY, FEBRUARY 29, 1988

1491

to the removal of a body where the death occurred while the person was a patient of a hospital licensed under Article 9 of Chapter 7 of Title 31.'"

On the adoption of the amendment, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun
SSJT Burton
Deai
Edge

Foster
HHaarrrriisson
Howard
Johnson

Land
Ppheeilvliyps
Stumbaugh
Tysinger

Those voting in the negative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Dean Echols
English
Engram Fincher

Garner Gillis Hudgins Huggins Kennedy Kidd Langford McGill
McKenzie
Newbill Perry

Ragan of 10th Ray Scott of 36th Shumake g, T late Tflylor
Timmons
Turner Walker

Those not voting were Senators:

Baldwin Bryant Coleman

Coverdell Hine Olmstead

Ragan of 32nd Scott of 2nd

On the adoption of the amendment, the yeas were 16, nays 32, and the amendment was lost.

On the adoption of the substitute, the yeas were 29, nays 3, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Crumbley

Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner

Gillis Harris Harrison Howard Hudgins Huggins Johnson Kennedy Kidd Land

1492

JOURNAL OF THE SENATE

Langford McGill Newbill Olmstead Peevy Perry Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman

Coverdell Hine

McKenzie

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1342. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Barnes of the 33rd offered the following amendment:
Amend HB 1342 by striking from line 11 and from line 12 of page 1 the number "1" and inserting in lieu thereof the number "2" and by striking line 14 through line 20 of page 1 and inserting in lieu thereof the following:
" '(2) Lieutenant Governor ............................................ 54,920.00"

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Crumbley Dawkins Deal Dean Echols
Edge

English Fincher Foster Garner Gillis Harris Harrison Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill
Newbill

Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Turner Tysinger Walker

MONDAY, FEBRUARY 29, 1988

1493

Those voting in the negative were Senators:

Engram Perry

Stumbaugh

Taylor

Those not voting were Senators:

Bryant Coverdell

Hine Howard

McKenzie

On the passage of the bill, the yeas were 47, nays 4.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 1499. By Representative McKinney of the 35th:
A bill to amend Code Section 8-3-13 of the Official Code of Georgia Annotated, relating to cooperation and joint operation of housing authorities, so as to au thorize certain cooperation and joint operation between housing authorities and urban residential finance authorities.
Senate Sponsor: Senator Walker of the 43rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes
Bwen j? roun 5CnCoo,lveemr"djaenlil, Crumbley Deal Dean Echols Edge Engram Fincher

Foster Gillis Harris
Harrison Hine
Howard Hudgins HJ.ouh,g6ng6sionns Kldd Land Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd Scott of 36th SS__.htaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Dawkins

English Garner

Kennedy (presiding) McKenzie

On the passage of the bill, the yeas were 49, nays 0.

1494

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 1501. By Representative McKinney of the 35th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large municipalities, so as to change certain definitions.
Senate Sponsor: Senator Walker of the 43rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes
Bwen if oun Cou.lretomnan CCoruvmerbdleelyl Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison
Howard Hudgins HT u.g6g6ins
Kldd Land Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd Scott of 36th ScSht. aurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon

Deal

Bryant

Hine

Dawkins

Kennedy (presiding) McKenzie

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate, having been taken up previously today to consider the House substitute thereto, and the motion to agree to the House substitute having been lost and reconsidered, was taken up for the purpose of considering the House substitute thereto:

SB 453. By Senators Newbill of the 56th, Deal of the 49th, Foster of the 50th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.

Senator English of the 21st moved that the Senate disagree to the House substitute to SB 453.

MONDAY, FEBRUARY 29, 1988

1495

On the motion, Senator Kennedy of the 4th, President Pro Tempore, who was presid ing, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Bryant Coleman Dean

Echols English Engram Gillis Kidd Langford

McGill Scott of 2nd Scott of 36th Starr Tate Walker

Those voting in the negative were Senators:

Baldwin Bowen Brannon Broun Burton Coverdell Crumbley Dawkins Deal Edge Fincher Foster

Garner Harris Harrison Hine Howard Hudgins Huggins Johnson Land McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Shumake Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators Allgood and Kennedy (presiding).

On the motion, the yeas were 18, nays 36; the motion was lost, and the Senate did not disagree to the House substitute to SB 453.

Senator McKenzie of the 14th moved that the Senate agree to the House substitute to SB 453 as amended by the following amendment:

Amend the House substitute to SB 453 by striking on page 1, line 18, the word "monu ment" and substituting the word "site".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram Fincher

Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Barker

Barnes English

Harrison Ragan of 32nd

Those not voting were Senators:

Allgood

Kennedy (presiding)

Langford

On the motion, the yeas were 47, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 453 as amended by the Senate.

At 12:38 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 624. By Senator Kidd of the 25th:
A bill to provide for a supplement to the compensation, expenses, and allowances of the district attorney for the Ocmulgee Judicial Circuit; to provide for contribu tions to be paid by certain counties comprising said circuit; to provide an effec tive date; to provide for applicability.

The House amendment to SB 624 was as follows:
Amend SB 624 by striking from line 17 of page 1 the following: "five",

and inserting in lieu thereof the following: "four".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 624.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Brannon Burton Coverdell Crumbley Dean Edge English

Garner Gillis Harris Harrison Hine Howard Kennedy Kidd McGill McKenzie

Newbill Olmstead Phillips Ragan of 10th Ray Scott of 36th Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Bowen

Broun Bryant Coleman

Dawkins Deal Echols

MONDAY, FEBRUARY 29, 1988

1497

Engram Fincher FHousdtegrins
Huggins Johnson

Land Langford PPeeerrvyy
Ragan of 32nd Scott of 2nd

Shumake Starr S_,.tumb, augh,
Tate Timmons

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 624.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1502. By Representative McKinney of the 35th:
A bill to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to the powers of downtown development authorities generally, so as to authorize the making and execution of certain additional contracts, agreements, and other instruments.
Senate Sponsor: Senator McKenzie of the 14th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coverdell Crumbley Dawkins Dean

Edge English Engram Fincher Garner Gillis Harris Harrison Hine Huggins Kennedy Kidd

McGill Newbill Olmstead Peevy Phillips Ragan of 32nd Scott of 36th Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun Bryant Coleman Deal Echols Foster
Howard

Hudgins Johnson Landf Langford McKenzie Perry
Ragan of 10th

Ray gcott of 2nd Shumake
btarr Stumbaugh Tate

On the passage of the bill, the yeas were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Coverdell of the 40th introduced Honorable Newt Gingrich, United States Rep resentative from the Sixth District of Georgia, who briefly addressed the Senate.

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JOURNAL OF THE SENATE

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following general resolution and bill of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HR 799. By Representatives Wilson of the 20th, Clark of the 20th, Hensley of the 20th and others:
A resolution authorizing the State Properties Commission to negotiate a new lease with the City of Marietta, Georgia, combining two current lease agreements on three tracts of certain state owned real property in Cobb County, Georgia.
Senate Sponsor: Senator Harrison of the 37th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bowen Brannon Broun Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Kidd McGill McKenzie Newbill

Olmstead Peevy Perry
Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bryant Dawkins Hudgins Johnson

Kennedy (presiding) Land Langford

Scott of 2nd Shumake Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1550. By Representatives Lawson of the 9th, Jackson of the 9th and Wood of the 9th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations,

MONDAY, FEBRUARY 29, 1988

1499

so as to provide for the terms and conditions under which counties or municipali ties may enter into multiyear lease, purchase, or lease purchase contracts.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1550:
A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipalities may enter into multiyear lease, purchase, or lease purchase contracts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-60-12, to read as follows:
"36-60-12. (a) Each county or municipality in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following:
(1) The contract shall terminate absolutely and without further obligation on the part of the county or municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section;
(2) The contract may provide for automatic renewal unless positive action is taken by the county or municipality to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract;
(3) The contract shall state the total obligation of the county or municipality for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and
(4) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the county or municipality.
(b) In addition to the provisions enumerated in subsection (a) of this Code Section, any contract authorized by this Code section shall include:
(1) A provision which requires that the contract will terminate immediately and abso lutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the county or municipality under the contract; or
(2) Any other provision reasonably necessary to protect the interests of the county or municipality.
(c) Any contract developed under this Code section containing the provisions enumer ated in subsection (a) of this Code section shall be deemed to obligate the county or munici pality only for those sums payable during the calendar year of execution or, in the event of a renewal by the county or municipality, for those sums payable in the individual calendar year renewal term.
(d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the county or municipality for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal.

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JOURNAL OF THE SENATE

(e) Any such contract may provide for the payment by the county or municipality of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section.
(f) Nothing in this Code section shall restrict counties or municipalities from executing reasonable contracts arising out of their proprietary functions."
Section 2. The governing body of each county or municipal corporation of this state is authorized to enter into one year, or less, contracts with private nonprofit organizations which are exempt from federal income taxes pursuant to Section 501 (c) (6) of the Internal Revenue Code to utilize such organizations to identify, attract and locate new business and industry into the municipality for the purposes of increasing trade, industry, agri-business, commerce and tourism, and the improvement of employment opportunities within the mu nicipality, and to otherwise promote the general welfare of the municipality.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 1550 offered by the Senate Committee on Urban and County Affairs by striking on line 18 of page 2 the word "shall" and insert therein "may".

On the adoption of the amendment, the yeas were 28, nays 9, and the amendment was adopted.

Senator Deal of the 49th offered the following amendment:
Amend the substitute to HB 1550 offered by the Senate Committee on Urban and County Affairs by inserting on line 20, page 3, after the word "the" the words "county or", and by inserting on line 23, page 3, after the word "the" the words "county or", and by inserting on line 24, page 3, before the word "municipality" the words "county or".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 33, nays 3, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon Broun
Crumbley Dawkins Deal Dean Edge English

Engram Fincher Foster Garner Gillis Harris
Harrison Hine Hudgins Huggins Johnson Kidd

Land Langford McGill McKenzie Olmstead Ragan of 32nd
Ray Scott of 36th Starr Stumbaugh Tate Taylor

MONDAY, FEBRUARY 29, 1988

1501

Those voting in the negative were Senators:

Allgood Bowen Burton Coleman Coverdell Echols

Newbill Peevy Perry Phillips Ragan of 10th

Scott of 2nd Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Howard

Kennedy (presiding)

Shumake

On the passage of the bill, the yeas were 36, nays 16.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.

Senator Tysinger of the 41st moved that the Senate adhere to the Senate substitute to HB 1365 and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1365.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Tysinger of the 41st, Bryant of the 3rd and Broun of the 46th.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

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JOURNAL OF THE SENATE

The Conference Committee report on HB 1241 was as follows:
The Committee of Conference on HB 1241 recommends that the Senate recede from its position and that HB 1241 as originally introduced be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Rooney L. Bowen Senator, 13th District
/s/ Jimmy Hodge Timmons Senator, llth District
/s/ Walter S. Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tom Ramsey Representative, 3rd District
/s/ Ralph Twiggs Representative, 4th District
/s/ Bob Banner Representative, 131st District

Senator Timmons of the llth moved that the Senate adopt the Conference Committee report on HB 1241.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

English Fincher Foster Garner Gillis Harris Hudgins Huggins Johnson Kidd Land Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Edge Engram

Harrison Hine Howard

Kennedy (presiding) McKenzie

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1241.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting

MONDAY, FEBRUARY 29, 1988

1503

maintenance fees for certain enhanced emergency telephone number "911" sys tems directly from subscribers of telephone service.

Senator Dawkins of the 45th moved that the Senate adhere to the Senate amendment to HB 218 and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 218.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Dawkins of the 45th, Scott of the 2nd and Broun of the 46th.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1450. By Representatives Steinberg of the 46th, Chambless of the 133rd, Groover of the 99th, Ramsey of the 3rd and Buck of the 95th:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to change the provisions relating to family violence programs and family violence shelters; to provide for the licensing of such programs and shelters rather than the certification thereof.
Senate Sponsors: Senators Barnes of the 33rd and Newbill of the 56th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes
owen Pun PCCoo,vleemrdaenll Crumbley Dawkins Deai Echols Edge English Engram

Fincher Foster Gillis
Harris Hine
Hudgins Huggins JTK^ol-<hJ"nJson Land Langford McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd Scott of 36th SaS*htaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Dean

Garner Harrison

Howard Kennedy (presiding)

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are baila ble only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.
Senate Sponsor: Senator Baldwin of the 29th.
The Senate Committee on Judiciary offered the following substitute to HB 776:
A BILL
To be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, so as to change the provisions relating to offenses which are bailable only before a judge of the superior court; to provide that certain offenses are bailable by a court of inquiry; to provide that certain persons shall not be refused bail; to provide for conditions for the release of persons on bail; to provide for schedules; to provide for appeal bonds; to provide for desig nation of judges to perform certain duties; to provide for notices and hearings; to provide for a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, is amended by striking Code Section 17-6-1, relating to persons before whom offenses are bailable, which reads as follows:
"17-6-1. (a) The offenses of rape, aggravated sodomy, armed robbery, aircraft hijacking, treason, murder, and perjury and the offenses of giving, selling, offering for sale, bartering, trafficking, or exchanging of any Schedule I or II controlled substances are bailable only before a judge of the superior court; and the granting of bail is, in every case except as otherwise provided in subsection (b) of this Code section, a matter of sound discretion. All other offenses are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.
(b) (1) The following persons shall not be entitled to or released on bail:
(A) Any person charged with committing a felony listed in paragraph (2) of this subsec tion who has previously been convicted of the commission of a felony listed in paragraph (2) of this subsection;
(B) Any person charged with committing a felony listed in paragraph (2) of this subsec tion while such person is on probation or parole with respect to a felony listed in paragraph (2) of this subsection; or
(C) Any person charged with committing a felony listed in paragraph (2) of this subsec tion while such person is on bail or has been released on his own recognizance for a felony listed in paragraph (2) of this subsection.
(2) The felonies to which paragraph (1) of this subsection applies are:
(A) Murder;
(B) Rape or aggravated sodomy;
(C) Armed robbery;

MONDAY, FEBRUARY 29, 1988

1505

(D) Kidnapping;
(E) Arson;
(F) Burglary;
(G) Aircraft hijacking;
(H) Manufacturing, distributing, delivering, dispensing, administering, selling, or pos sessing with intent to distribute any controlled substance classified under Code Section 1613-25 as Schedule I or under Code Section 16-13-26 as Schedule II; or
(I) Aggravated assault.
(c) Except for persons charged with crimes provided for under subparagraph (b)(2)(H) of this Code section, any person who is not entitled to bail as provided in subsection (b) of this Code section may petition the superior court requesting that he be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after the receipt of such petition. The court shall be authorized to release the person charged with a felony listed in paragraph (2) of subsection (b) of this Code section on bail or his own recog nizance if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
(2) Poses no significant threat or danger to any person, or to the community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending trial; and
(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the ad ministration of justice.
If the person charged with a felony listed in paragraph (2) of subsection (b) of this Code section or the prosecuting attorney is aggrieved by a decision of the court, such order may be appealed.
(d) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, kidnapping, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(e) (1) Except as provided in paragraph (2) of this subsection, the judge of any court of inquiry may by written order establish a schedule of bails. A person charged with commit ting any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used.
(2) The authority granted in paragraph (1) of this subsection shall not apply to any offense listed in subsection (b) of this Code section.",
and inserting in lieu thereof a new Code Section 17-6-1 to read as follows:
"17-6-1. (a) The following offenses are bailable only before a judge of the superior court:
(1) Treason;
(2) Murder;
(3) Rape;
(4) Aggravated sodomy;
(5) Armed robbery;
(6) Aircraft hijacking;

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JOURNAL OF THE SENATE

(7) Aggravated child molestation;
(8) Manufacturing, distributing, delivering, dispensing, administering, selling, or pos sessing with intent to distribute any controlled substance classified under Code Section 1613-25 as Schedule I or under Code Section 16-13-26 as Schedule II;
(9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; and
(10) Kidnapping, arson, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection.
(b) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misde meanor be refused bail.
(c) When a hearing is held pursuant to Code Section 17-4-26 or 17-4-62 for a person charged with any offense which is bailable only before a judge of the superior court as pro vided in subsection (a) of this Code section, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. The superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within ten days after the receipt of such notice.
(d) A court shall be authorized to release a person on bail if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending trial; and
(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the ad ministration of justice.
(e) Except as provided in subsection (a) of this Code section, the judge of any court of inquiry may by written order establish a schedule of bails. Unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used.
(f) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, traffick ing in cocaine or marijuana, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(g) As used in this Code section, the term 'bail' shall include the releasing of a person on his own recognizance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

MONDAY, FEBRUARY 29, 1988

1507

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols English Engram Fincher

Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Allgood Brannon Broun Bryant

Edge Harrison Kennedy (presiding)

Land Starr Tysinger

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1530. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, so as to change certain fees for the services of sheriffs in civil cases.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 1530:

A BILL
To be entitled an Act to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, so as to change certain fees for the services of sheriffs in certain cases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, is amended by striking paragraphs (11) and (12) of subsection (b) of said Code section and inserting in lieu thereof new paragraphs (11) and (12) to read as follows:
"(11) Serving process against tenant over or intruder upon land to dispossess them .......................................................... 20.00
(12) For dispossessing tenant or intruder ................................ 20.00"

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JOURNAL OF THE SENATE

Section 2. Said Code section is further amended by striking paragraph (6) of subsection (c) thereof and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant ............. 20.00"
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker

Broun Howard

Kennedy (presiding)

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 574. By Senator Engram of the 34th:
A bill to amend Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to define certain terms; to change the prescribed color of handicapped parking permits.

The House substitute to SB 574 was as follows:

A BILL
To be entitled an Act to amend Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to define certain terms; to change

MONDAY, FEBRUARY 29, 1988

1509

the prescribed color of handicapped parking permits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, is amended by striking Code Section 40-6-221, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 40-6-221 to read as follows:
"40-6-221. As used in this part, the term:
(0.1) 'Counterfeit' means any copy of any kind of handicapped parking permit which is not authorized by and does not carry the official seal of the Department of Public Safety.
(1) 'Handicapped parking place' means any area on public or private property which has been designated as reserved for use of handicapped persons as follows:
(A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: 'Permit Parking Only,' 'TowAway Zone,' and 'Maximum Fine $500.00.' The warnings required in this subparagraph shall be printed in white letters not less than one inch in height on three separate lines and centered on the sign. The sign shall also bear the international symbol for accessibility cen tered between the second and third warnings. The sign required by this subparagraph shall be the official authorized sign for handicapped parking place designations in this state;
(B) Where the parking place is designated before January 1, 1988, by a sign or signs bearing the words 'Tow-Away Zone' and 'Handicapped Parking Only' or the words 'TowAway Zone' and the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as the sign or signs are replaced for other reasons, at which time any new sign erected shall comply fully with the requirements of subparagraph (A) of this paragraph; or
(C) Where the parking place is on private property, is constructed solely from concrete, was used by the public or finished prior to July 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words 'Tow-Away Zone' and 'Handicapped Parking Only' or the words 'Tow-Away Zone' and the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the require ments of subparagraph (A) of this paragraph.
(2) 'Handicapped person' means a person who by reason of illness, injury, age, congeni tal malfunction, or other incapacity or disability has a significant loss or impairment of mobility.
(3) 'Institution' means an institution for which a permit or conditional permit may be issued under Article 1 of Chapter 7 of Title 31.
(4) 'Permanently handicapped person' means a handicapped person whose disability or incapacity can be expected to last for more than 180 days.
(4.1) 'Ramp' shall mean, in addition to any other specified meanings:
(A) Any ramp or curb ramp as defined in ANSI A117.1-1986 by Chapter 3 of Title 30; and
(B) Any vehicle mounted lift used by handicapped persons for the purpose of access to and from the vehicle upon which it is mounted.
(5) 'Temporarily handicapped person' means a handicapped person whose disability or incapacity can be expected to last for not more than 180 days."
Section 2. Said part is further amended by striking subsection (e) of Code Section 40-6-

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222, relating to handicapped parking permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The department shall issue a special permanent permit to any person who:
(1) Because of a physical handicap drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or
(2) Is physically handicapped due to the loss of, or loss of use of, both upper extremities.
This special permanent permit shall be gold in color and shall show prominently on its face an expiration date four years from the date it is issued. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relating to, other permanent handicapped parking permits and may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit:
'Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the self-service price for the holder of this special permit when such holder requests such service and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind.' "
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Engram of the 34th moved that the Senate agree to the House substitute to SB 574.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Broun
f? rvant CCoouvlreteomrndaenll Crumbley Dawkins Deal Dean Echols Edge Engram

Fincher Foster Gillis Harris Hine
Howard 3HTu*, dTMgionns Kldd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd Ray
Scott of 2nd ,,S^,hcuomtt aok,fe36th Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Brannon English

Garner Harrison Huggins

Kennedy (presiding) Phillips Stumbaugh

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 574.

MONDAY, FEBRUARY 29, 1988

1511

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1282. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to change the provisions relating to annual regis tration and licensing of motor common carriers and motor contract carriers oper ated under a certificate or permit.
Senate Sponsor: Senator Taylor of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barnes Bowen Brannon
o runt oBCrouyvr?teorndell Crumblev Deal Dean Edge English Engram Fincher

Foster Garner Gillis
Harris Harrison Hine
Howard HH.uugdggmi. nss Johnson Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips
Ragan of 32nd Ray Scott of 2nd
Scott of 36th SS_ htaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman Dawkins

Echols Kennedy (presiding)

McKenzie Ragan of 10th

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 544. By Senator Langford of the 35th:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," so as to delete certain provisions relat ing to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provi sions relating to liability insurance.

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The House amendment was as follows: The House Committee on Industry offered the following amendment: Amend SB 544 by striking in its entirety line 13 on page 3, which reads as follows: "shall be mailed no later than the", and inserting in lieu thereof the following: "shall be delivered in person or mailed by first-class mail no later than the".

Senator Langford of the 35th moved that the Senate agree to the House amendment to SB 544.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun
Burton Coleman Coverdell Crumbley
Dawkins Deal Dean Edge English Engram

Fincher Foster Garner Gillis Harris Harrison
Hine Hudgins Huggins Johnson Kidd
Land Langford McGill
Newbill
Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th
Shumake S,, tarr , , Stumbaugh
Tate Taylor Timmons Turner
Tysinger Walker

Those not voting were Senators:

Barker Brannon

Echols Howard

Kennedy (presiding) McKenzie

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 544.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1395. By Representatives Colwell of the 4th, Greene of the 130th, Foster of the 6th, Cox of the 141st and Johnson of the 72nd:
A bill to amend Code Section 50-22-7 of the Official Code of Georgia Annotated, relating to exemptions from the requirements of Chapter 22 of Title 50 concern ing managerial control over acquisition of professional services, so as to exempt the State Properties Commission from the provisions of such chapter.
Senate Sponsor: Senator Scott of the 2nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 29, 1988

1513

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun Bryant Coverdell Crumbley

Dean Edge English
Engram Foster Garner Gillis Hine Kidd

Langford McGill Olmstead Ray Scott of 2nd Scott of 36th Starr Tate Walker

Those voting in the negative were Senators:

Barker Bowen Burton Dawkins Deal Echols Fincher
Harris

Hudgins Muggins Johnson Land Newbill
Peevy Perry Phillips

Ragan of 10th Ragan of 32nd Shumake Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Coleman Harrison

Howard Kennedy (presiding)

McKenzie

On the passage of the bill, the yeas were 27, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Scott of the 2nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1395.

HB 1391. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the amount of unpaid judgments below which postjudgment interrogatories may be profounded; to provide for a fee for hearing an application for the issuance of a bad check citation.
Senate Sponsor: Senator Walker of the 43rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen

Brannon Broun Bryant Burton Coverdell

Crumbley Dawkins Deal Dean Echols

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English Engram Fincher Garner Gillis Harris Harrison Hudgins Huggins Johnson

Kidd Land Langford Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner

Those not voting were Senators:

Baldwin Coleman Edge Foster

Hine Howard Kennedy (presiding) McGill

McKenzie Tysinger Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd moved that the following bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 1342. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1342 was imme diately transmitted to the House.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 437. By Senator Peevy of the 48th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to create the State Map ping Advisory Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings.

The House substitute to SB 437 was as follows:

A BILL
To be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to create the State Map ping Advisory Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings; to provide for certain staff and administrative sup port; to provide for funding; to provide for termination of the board; to provide for certain automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 29, 1988

1515

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding at the end thereof a new article, to be designated Article 6, to read as follows:
"ARTICLE 6
50-8-140. (a) The State Mapping Advisory Board is created and established within the Department of Community Affairs. The board shall be composed of 21 members who have a basic level acquaintance with land information system technology and who shall be ap pointed by the Governor.
(b) The first members of the board shall be appointed for terms as follows: five mem bers shall be appointed for terms of one year each; five members shall be appointed for terms of two years each; five members shall be appointed for terms of three years each; and six members shall be appointed for terms of four years each. As the term of each member expires, his successor shall be appointed for a term of four years, except that each member shall serve until his successor is appointed and qualified. Members shall be eligible for reappointment.
(c) (1) One member of the board shall be appointed from each of the following:
(A) The Senate;
(B) The House of Representatives;
(C) The Department of Community Affairs;
(D) The Department of Transportation;
(E) The Department of Natural Resources;
(F) The Department of Revenue;
(G) The Secretary of State;
(H) The Area Planning and Development Commissions;
(1) The Association County Commissioners of Georgia;
(J) The Georgia Association Assessing Officials;
(K) The Georgia Municipal Association;
(L) The Georgia Superior Court Clerks Association;
(M) The Resource Development Conservation Association;
(N) The Agricultural Stabilization and Conservation Service;
(O) The Georgia Bar Association;
(P) The Georgia Chapter of the Urban and Regional Information Systems Association;
(Q) The Georgia Planning Association; and
(R) The Surveying and Mapping Society of Georgia.
(2) Three at-large members shall be appointed, one of whom shall be the chairman of the board.
(d) Upon the death, disability, resignation, removal, or refusal to serve of any member, the Governor shall appoint a qualified person to fill the unexpired term.
(e) Members of the board shall receive no compensation for their services but may be reimbursed for actual expenses incurred in attendance at official board meetings.
50-8-141. The board shall have the following powers, duties, authority, and functions:
(1) To study thoroughly various recommendations for a permanent solution to the is sues related to land records modernization and the implementation of land information sys-

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JOURNAL OF THE SENATE

terns for both state and local governments in Georgia. Within one year of its establishment, the board will make recommendations to the Governor and General Assembly concerning the functional, institutional, financial, educational, and legal issues that must be resolved so that Georgia local governments can develop modern land records and land information systems;
(2) To provide financial incentives for a limited number of local governments to serve as pilot programs for the modernization of local land records. The pilot programs should in clude one urban county, one urbanizing county, and at least one rural county in combina tion with an area planning and development commission. The major product of the pilot programs will be procedural guidelines for the modernization of land records in Georgia;
(3) To encourage cost savings due to the coordination of data acquisition and data ex change among the federal government, local governments, area planning and development commissions, the private sector, and various agencies of state government;
(4) To sponsor public information and education programs. These programs should in clude the provision of accurate, unbiased technical information to local governments, the education of new land information system professionals, and the continuing education of current professionals;
(6) To develop technical specification and standards for local, area, and state govern ment to use in the collection and distribution of land information; and
(7) To contract with state agencies, federal agencies, local governments, area planning and development commissions, units of the University System of Georgia, as well as private persons and corporations to conduct technical studies and other work.
50-8-142. (a) The board shall meet regularly at the call of the Governor or the chair man. Eleven members shall constitute a quorum. The board shall adopt such rules and regu lations as are necessary and proper to govern its procedure and business.
(b) The board will have no permanent staff but may hire temporary staff. The board will be provided administrative support through the Department of Community Affairs.
50-8-143. The funds necessary to carry out the provisions of this article shall come from funds appropriated to the Department of Community Affairs specifically for such purpose.
50-8-144. The board created pursuant to this article shall terminate and shall cease to exist on December 31, 1994. This article shall stand repealed in its entirety on December 31, 1994."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Peevy of the 48th moved that the Senate agree to the House substitute to SB 437 as amended by the following amendment:
Amend the House substitute to SB 437 by striking from lines 3 and 4 of page 1 the following:
"State Mapping Advisory Board",
and inserting in its place the following:
"State Mapping and Land Records Modernization Advisory Board".
By striking from line 13 of page 1 the following:
"State Mapping Advisory Board",
and inserting in its place the following:
"State Mapping and Land Records Modernization Advisory Board".

MONDAY, FEBRUARY 29, 1988

1517

By deleting from line 27 of page 4 the following: "the Governor or".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes
Bowen Broun BDBCouryvrta,eonrndtell Crumbley Dawkins Deal
Echols Edge English Engram

Fincher Foster Garner Gillis
Harris Harrison HTHMIiuundjgeggminss Johnson Kidd Land
Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th
Ragan of 32nd p SQS,, ccoo.tt.tt oofff, 023,,,,n6dt,h, Shumake Stumbaugh Tate
Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin Brannon Coleman

Dean Howard Kennedy (presiding)

McKenzie Starr Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 437 as amended by the Senate.

The following general bills and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1598. By Representatives Waldrep of 80th, Thomas of the 69th, Pannell of the 122nd, Pettit of the 19th and Robinson of the 96th:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to prohibit the destruction, alteration, or falsification of certain records.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Bryant Burton Coverdell Crumbley Deal Dean

Echols Edge English Engram Fincher Foster

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JOURNAL OF THE SENATE

Garner Gillis Harrison
Hudgi. ns Huggins Johnson Kidd Land

McGill Newbill Olmstead
Perry Phillips Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake
Stumbaugh
i,ate Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun Coleman Dawkins

Harris Howard Kennedy (presiding) Langford

McKenzie Starr Taylor Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1151. By Representative Porter of the 119th:
A bill to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to change certain provisions relating to trustee powers which render a trust executory and termination of irrevocable executory trusts.
Senate Sponsor: Senator Hudgins of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harrison Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman Crumbley

Harris Hine Kennedy (presiding)

Langford Starr Timmons

MONDAY, FEBRUARY 29, 1988

1519

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1446. By Representatives Milam of the 81st, Ware of the 77th, Bostick of the 138th, Ramsey of the 3rd, Milford of the 13th and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to noncommercial fish ing, so as to prohibit the use of sport trotlines within one-half mile below any lock or dam on any fresh waters of this state.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Broun
^^ruvrtaon"t ,, CCoruvmerbdleelyl Deal
Dean Echols Edge English Engram

Fincher Foster Garner Gillis Hine
2Hu5Wairnds JKoihdndson Land
Langford McGill McKenzie Newbill Olmstead

Peevy Phillips Ragan of 10th Ragan of 32nd jjav
SSccootttt ooff 326ndth S,,,humak. e Stumbaugh
Tate Taylor Timmons Turner Tysinger

Voting in the negative were Senators Hudgins and Perry.

Those not voting were Senators:

Allgood Barnes Brannon Coleman

Dawkins Harris Harrison

Kennedy (presiding) Starr Walker

On the passage of the bill, the yeas were 44, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 1406. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd, Oliver of the 53rd and Mueller of the 126th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to granting of protective orders and approval of consent agreements, so as to provide that the court issuing any protective order may order the sheriff,

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JOURNAL OF THE SENATE

any deputy sheriff, or any other state, county, or municipal law enforcement of ficer or official to enforce or carry out such order.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Harris Hine Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Baldwin Brannon Broun

Coleman Gillis Harrison Howard

Kennedy (presiding) Newbill Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1496. By Representatives Kilgore of the 42nd, Harris of the 84th, Watson of the 114th and Watts of the 41st:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to operators of billiard rooms, so as to provide that the county governing authority, rather than the tax collector or tax commissioner, shall have the power to license the operation of billiard rooms in counties.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Barnes of the 33rd offered the following amendment:
Amend HB 1496 by inserting on line 8 of page 1 immediately following "accordingly;" the following:
"to change certain provisions relating to the applicability of such chapter to counties or municipalities having a population of 100,000 or more; to provide an effective date;".
By inserting between lines 16 and 17 of page 4 the following:
"Section 6. Said chapter is further amended by striking Code Section 43-8-16, relating

MONDAY, FEBRUARY 29, 1988

1521

to applicability of such chapter to counties or municipalities having a population of 100,000 or more, and inserting in its place a new Code Section 43-8-16 to read as follows:
'43-8-16. This chapter shall not apply in counties having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census or in any municipalities located therein if the governing body of any such county or municipal ity, by appropriate local ordinance or resolution, provides that this chapter shall not apply and, pursuant to its home rule authority, provides for the licensing and regulation by such county or municipality of billiard rooms located therein.'
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By redesignating Section 6 on line 17 of page 4 as Section 8.

On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Edge English Engram

Foster Garner Gillis Harris Hine Hudgins Huggins Johnson Kidd Land Langford McGill Olmstead Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Broun Coleman

Echols Fincher Harrison Howard

Kennedy (presiding) McKenzie Newbill

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HR 621. By Representative Mobley of the 64th:
A resolution consenting to the annexation of certain state owned real property located in Barrow County into the municipal limits of the City of Winder.
Senate Sponsor: Senator Peevy of the 48th.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Barker
Barnes Bowen rannon
ryant pCCoo,vleemrdaenll Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Foster
Garner Gillis Harris
Hine H,HTuugdggiinnas Johnson Kidd Land Langford McGill McKenzie

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SSc.^ctaortrt of 36th Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin Broun English Harrison

Howard Kennedy (presiding) Newbill

Olmstead Shumake Timmons

On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HB 1563. By Representatives Coleman of the 118th, Alford of the 57th, Crawford of the 5th and others:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to hazardous waste; to revise the powers and du ties of the director of the Environmental Protection Division as to hazardous waste generally.
Senate Sponsor: Senator Gillis of the 20th.
The Senate Committee on Natural Resources offered the following substitute to HB 1563:
A BILL
To be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to hazardous waste to revise the powers and duties of the director of the Environmental Protection Division as to hazardous waste generally; to clarify the pro ceedings before the director when there has been a release of hazardous waste or hazardous constituents into the environment; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 29, 1988

1523

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," is amended by striking Code Section 12-8-62, relating to definitions, and inserting in lieu thereof a new Code Section 128-62, to read as follows:
"12-8-62. As used in this article, the term:
(1) 'Board' means the Board of Natural Resources of the State of Georgia.
(1.1) 'Designated hazardous waste' means any solid waste identified as such in regula tions promulgated by the board. The board may identify as 'designated hazardous waste' any solid waste which the board concludes is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed, based on the factors set forth in regula tions promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are codified as 40 C.F.R. Section 261.11(a)(3), in force and effect on February 1, 1988, if such solid waste contains any substance which is listed on any one or more of the following lists:
(A) List of Hazardous Constituents, codified as 40 C.F.R. Part 261, Appendix VIII, in force and effect on February 1, 1988;
(B) Ground-water Monitoring List, codified as 40 C.F.R. Part 264, Appendix IX, in force and effect on February 1, 1988;
(C) List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R. Ta ble 302.4, in force and effect on February 1, 1988;
(D) List of Regulated Pesticides, codified as 40 C.F.R. Part 180, in force and effect on February 1, 1988;
(E) List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R. Part 355, Appendix A, in force and effect on February 1, 1988; or
(F) Proposed list of chemicals and chemical categories, as set forth in 50 Fed. Reg. 21168-21179, June 4, 1987.
(2) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.
(3) 'Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emit ted into the air or discharged into any waters, including ground waters.
(4) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(5) 'Federal act' means the federal Solid Waste Disposal Act, as amended, particularly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Sec tion 6901, et seq.), as amended, particularly by but not limited to the Used Oil Recycling Act of 1980 (Public Law 96-463), the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), and the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499), as amended.
(5.1) 'Final disposition* means the location, time, and method by which hazardous waste loses its identity or enters the environment, including, but not limited to, disposal, disposal site closure and post closure, resource recovery, and treatment.
(6) 'Guarantor' means any person, other than the owner or operator, who provides evi dence of financial responsibility for an owner or operator pursuant to this article.

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(6.1) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protec tion Agency pursuant to the federal act which are in force and effect on February 1, 1988, codified as Appendix VIII to 40 C.F.R. Part 261--Identification and Listing of Hazardous Waste.
(7) 'Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste.
(8) 'Hazardous waste facility' means any property or facility that is intended or used for storage, treatment, or disposal of hazardous waste.
(9) 'Hazardous waste generation' means the act or process of producing hazardous waste.
(10) 'Hazardous waste management' means the systematic recognition and control of hazardous wastes from generation to final disposition or disposal, including, but not limited to, identification, containerization, labeling, storage, collection, source separation, transfer, transportation, processing, treatment, facility closure, post closure, perpetual care, resource recovery, and disposal.
(10.1) 'Land disposal' means any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave.
(11) 'Manifest' means a form or document used for identifying the quantity and compo sition, and the origin, routing and destination, of hazardous waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage.
(11.1) 'Organization' means a legal entity, other than a government agency or authority, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.
(12) 'Person' means an individual, trust, firm, joint stock company, corporation (includ ing a government corporation), partnership, association, municipality, commission, or politi cal subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government.
(12.1) 'Serious bodily injury' means a bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(13) 'Solid waste' means solid waste as defined by regulations promulgated by the ad ministrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1988, codified as 40 C.F.R. Sections 261.1, 261.2(a)-(d), and 261.4(a).
(14) 'Storage' means the containment or holding of hazardous waste, either on a tempo rary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.
(15) 'Transport' means the movement of hazardous waste from the point of generation to any point of final disposition, storage, or disposal, including any intermediate point.
(16) 'Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safe for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous."

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Section 2. Said article is further amended by striking Code Section 12-8-64, relating to the powers and duties of the board, in its entirety and inserting in lieu thereof a new Code Section 12-8-64 to read as follows:
"12-8-64. In the performance of its duties, the board shall have and may exercise the power to:
(1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary to provide for the control and management of hazardous waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article. The rules and regulations shall include, but shall not be limited to, the following:
(A) Rules and regulations governing and controlling standards applicable to hazardous waste generators, hazardous waste transporters, and owners or operators of hazardous waste treatment, storage, or disposal facilities. These rules and regulations may include measures to ensure that hazardous waste management practices are regulated, governed, and con trolled in the public interest. Such measures may include, but shall not be limited to:
(i) The establishment of record-keeping procedures;
(ii) Requirements calling for the submission of reports to the director; and
(iii) The establishment of monitoring practices;
(B) Rules and regulations governing and controlling the treatment, storage, and dispo sal of hazardous waste;
(C) Rules and regulations specifying the terms, provisions, and conditions under which the director shall issue, modify, amend, revoke, or deny permits pursuant to this article;
(D) Rules and regulations governing and controlling hazardous waste management;
(E) Rules and regulations establishing procedures and requirements for the reporting of the generation of hazardous wastes and governing and controlling the activities of hazardous waste generators;
(F) Rules and regulations establishing standards and procedures for the operation and maintenance of hazardous waste facilities;
(G) Rules and regulations establishing the use of a manifest during the generation and handling of hazardous wastes;
(H) Rules and regulations establishing procedures to ensure public access to records and to ensure protection of trade secrets and confidential information, the disclosure of which to the director is required by this article or the rules and regulations adopted under this article;
(1) Rules and regulations establishing procedures and requirements for the use and dis position of hazardous waste or hazardous constituents;
(J) Rules and regulations deleting certain solid wastes from the definition of hazardous waste;
(K) Rules and regulations exempting from some or all regulation certain small quanti ties of hazardous waste;
(L) Rules and regulations exempting from some or all regulation certain hazardous wastes that are recyclable; and
(M) Rules and regulations designating certain solid wastes as designated hazardous wastes; and
(2) Take all necessary steps to ensure the effective enforcement of this article."
Section 3. Said Article is further amended by striking Code Section 12-8-65, relating to

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powers and duties of the director as to hazardous waste, and inserting in lieu thereof a new Code Section 12-8-65, to read as follows:
"12-8-65. (a) The director shall have and may exercise the following powers and duties:
(1) To exercise general supervision over the administration and enforcement of this ar ticle and all rules and regulations, orders, or permits promulgated or issued hereunder;
(2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to hazardous waste management practices in this state as he deems advisable and necessary;
(3) To issue all permits contemplated by this article, stipulating in each permit the conditions or limitations under which such permit is issued, and to deny, revoke, modify, or amend such permits;
(4) To make investigations, analyses, and inspections to determine and ensure compli ance with this article, the rules and regulations promulgated hereunder, and any permits or orders which the director may issue;
(5) To enter into such contracts as may be required or necessary to effectuate this arti cle or the rules and regulations promulgated under this article;
(6) To prepare, develop, amend, modify, submit, and enforce any comprehensive plan or program sufficient to comply with this article or the federal act, or both, for the control, regulation, and monitoring of hazardous waste management practices in this state;
(7) To develop and implement plans to achieve goals and objectives set by any compre hensive plan or program;
(8) To conduct such public hearings as are required by this article or as he deems neces sary for the proper administration of this article and to control and manage the conduct and procedure for such public hearings;
(9) To advise, consult, cooperate, and contract on hazardous waste management matters with other agencies of this state, political subdivisions thereof, and other designated organi zations or entities, and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities, provided that nothing in this article shall authorize the division to own or operate a hazardous waste storage, treatment, or disposal facility;
(10) To collect and disseminate information and to provide for public notification in matters relating to hazardous waste management;
(11) To issue, amend, modify, or revoke orders as may be necessary to ensure and en force compliance with this article and all rules or regulations promulgated hereunder;
(12) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings to enforce this article, the rules and regulations promulgated hereunder, or any orders or permits issued hereunder;
(13) To accept, receive, administer, or disburse grants from public or private sources for the purpose of the proper administration of this article or for the purpose of carrying out any of the duties, powers, or responsibilities hereunder;
(14) To grant variances in accordance with this article and the rules and regulations promulgated hereunder, provided that such variances are not inconsistent with the federal act and rules or regulations promulgated thereunder;
(15) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article;
(16) To assure that the State of Georgia complies with the federal act and retains maxi mum control thereunder and receives all desired federal grants, aid, and other benefits;
(17) To require any person who is generating, transporting, treating, storing, or dispos-

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ing of hazardous waste to notify the division in writing, within a reasonable number of days which the director shall specify, of the location and general description of such activity and identifying the hazardous waste handled, and any other information which may be deemed relevant, under such conditions as the director may prescribe;
(18) To maintain an inventory of hazardous wastes within the state, including such information as location, identity, quantity, method of storage, rate of accumulation, disposal practices, and any other information which the director may deem necessary to administer and enforce this article;
(19) To exclude from regulation under this article the solid waste at any particular generating facility if it is determined that such solid waste does not pose a danger to human health or the environment;
(20) To establish hazardous waste management standards for the state, provided that they are in all cases not less stringent than those standards provided by the federal act;
(21) To take all necessary steps to ensure that the administration of this article is con sistent with and equivalent to the provisions of the federal act and any standards, rules, or regulations promulgated thereunder toward the end that the State of Georgia shall have maximum control over hazardous waste management practices in this state; and
(22) To exercise all incidental powers necessary to carry out the purposes of this article.
(b) The powers and duties described in subsection (a) of this Code section may be exer cised and performed by the director through such duly authorized agents and employees as he deems necessary and proper."
Section 4. Said Article is further amended by striking Code Section 12-8-71, relating to proceedings before the director, in its entirety, and inserting in lieu thereof a new Code Section 12-8-71, to read as follows:
"12-8-71. (a) Whenever the director has reason to believe that a violation of any provi sion of this article, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, the director shall attempt to remedy the same by confer ence, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this article, the rules and regulations, or the order alleged to have been violated and may direct that necessary correc tive action be taken within a reasonable time to be prescribed in the order.
(b) Whenever the director has reason to believe that there is or has been a release of hazardous waste or hazardous constituents into the environment, regardless of the time at which release of such hazardous waste or hazardous constituents occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, and persua sion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any past or present generator, past or present transporter, or past or present owner or operator of a hazardous waste treatment, storage, or disposal facility, who has contributed or who is contributing to such release. The order may direct that necessary corrective action be taken within a rea sonable time to be prescribed in the order.
(c) Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Code Section 12-8-73."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bowen Brannon
^CCouruvrmteorbndleel,y,l Dawkins Dean Echols English Engram Fincher

Foster Gillis Harris Howard
Hudgins Huggins
T^Kainddd, Langford McGill McKenzie Newbill Olmstead Perry

Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th
SS,,,htaurmr ake Stumbaugh Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Barnes Broun Bryant Coleman

Edge Garner Harrison Hine

Johnson Kennedy (presiding) Tate

On the passage of the bill, the yeas were 43, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 430. By Representatives Benn of the 38th, Thomas of the 31st, Bostick of the 138th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to substantially and completely revise and supersede laws dealing with discrimination in the selling, leasing, and financing of housing.
Senate Sponsor: Senator Walker of the 43rd.

The Senate Committee on Special Judiciary offered the following substitute to HB 430:

A BILL
To be entitled an Act to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to substantially and completely revise and supersede laws dealing with discrimination in the selling, leasing, and financing of housing; to provide for a statement of policy; to provide for definitions; to prohibit certain actions or activities or refusals to act relative to the sale or rental of housing, dwellings, or other prop erty; to provide for exceptions; to prohibit certain activities by banks, building and loan

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associations, insurance companies, or other corporations, associations, firms, or enterprises relative to commercial real estate loans or other financial assistance; to prohibit the denial of access to or membership or participation in any multiple-listing service, real estate bro kers' organization, or certain other service organizations or facilities under certain circum stances; to provide for the administration of such laws; to provide for delegation of func tions, duties, and powers; to provide for conciliation; to provide for cooperation and assistance; to provide for studies and reports; to provide for educational and conciliatory activities; to provide for civil and criminal actions; to provide for administrative procedure; to provide for limitations on actions; to provide for confidential information and to prohibit the release thereof; to provide for injunctions and restraining orders; to provide for penal ties; to provide for subpoenas and the issuance and enforcement thereof; to provide for fees; to direct the Attorney General to conduct certain litigation and provide certain services; to provide for practices and procedures; to provide for local ordinances and the validity thereof; to provide for intergovernmental agreements and the publication thereof; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, is amended by striking Article 4 of said chapter, relating to discrimina tion in the sale, lease, or financing of housing, which reads as follows:
"ARTICLE 4
8-3-200. It is declared to be the public policy of the State of Georgia, in the exercise of its police power for the general welfare and the public health and safety, to assure equal opportunity to all persons to live in decent housing accommodations and to prohibit dis crimination because of race, color, sex, religion, or national origin by any person in a trans action involving a housing accommodation.
8-3-201. As used in this article, the term:
(1) 'Financial institution' means any person engaged in the business of lending money, arranging for the loan of money, or guaranteeing losses in the loan of money in connection with the purchase, sale, rental, or lease of any housing accommodation.
(2) 'Housing accommodation' means any improved property, including a mobile home unit, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as a home or residence.
(3) 'Insurance company' means any person engaged in the business of providing casu alty or mortgage insurance to any person in connection with the ownership, possession, lease, or occupancy of any housing accommodation.
(4) 'Owner' means any person having the right of ownership or possession of or the right to sell, rent, or lease any housing accommodation and includes a lessee, cotenant, builder, or agent thereof.
(5) 'Person' means any individual, firm, corporation, partnership, or association.
(6) 'Real estate broker' means a broker, as that term is defined in Code Section 43-40-1.
(7) 'Real estate salesperson' means a salesman or a salesperson, as those terms are de fined in Code Section 43-40-1.
8-3-202. In connection with the sale, purchase, financing, or lease of, or the offer to sell, purchase, finance, or lease, any housing accommodation within the State of Georgia, it shall be unlawful for any owner, financial institution, insurance company, real estate broker, real estate salesperson, or any agent thereof:
(1) To refuse to sell, purchase, rent, or lease, or otherwise to deny or withhold, any housing accommodation to or from any person because of that person's race, color, sex, reli gion, or national origin;
(2) To discriminate against a person because of that person's race, color, sex, religion, or

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national origin in connection with the conditions or privileges of the sale, purchase, rental, or lease of any housing accommodation, or in the furnishing of facilities, insurance coverage, or service in connection therewith;
(3) To refuse to receive or transmit a bona fide offer to sell, purchase, rent, or lease any housing accommodation from or to any person because of that person's race, color, sex, reli gion, or national origin;
(4) To refuse to negotiate for the sale, purchase, rental, or lease of any housing accom modation to or from a person because of that person's race, color, sex, religion, or national origin;
(5) To represent to a person that any housing accommodation is not available for in spection, sale, purchase, rental, or lease when in fact it is so available or to refuse to permit a person to inspect any such housing accommodation, because of that person's race, color, sex, religion, or national origin;
(6) To make, publish, print, circulate, post, or mail, or cause to be made, published, printed, circulated, posted, or mailed, any notice, statement, or advertisement, or to an nounce a policy, or to sign or to use a form of application for the sale, purchase, rental, lease, or financing of any housing accommodation, or to make a record of inquiry in connec tion with the prospective sale, purchase, rental, lease, or financing of any housing accommo dation, which indicates any discrimination or any intent to discriminate on the basis of a person's race, color, sex, religion, or national origin;
(7) To offer, solicit, accept, or use a listing of any housing accommodation for sale, purchase, rental, or lease with the understanding that a person applying therefor may be subjected to discrimination based on such person's race, color, sex, religion, or national ori gin in connection with such sale, purchase, rental, or lease, or in the furnishing of facilities or services in connection therewith;
(8) To represent explicitly or implicitly, for the purpose of inducing or discouraging or attempting to induce the sale, purchase, rental, or lease, or the listing for the sale, purchase, rental, or lease, of any housing accommodation, that the presence or anticipated presence of persons of any particular race, color, sex, religion, or national origin in the area to be af fected by such sale, purchase, rental, or lease will or may result in:
(A) The lowering of property values in the area;
(B) An increase in criminal or antisocial behavior in the area;
(C) A decline in the quality of the schools and other public services in the area; or
(D) A material change in the racial, religious, or ethnic composition of the area;
(9) To engage in, hire to be done, or conspire with others to commit acts or activities of any nature the purpose of which is to coerce, cause panic, incite unrest, or create or play upon fear, with the purpose of either discouraging or inducing, or attempting to induce, the sale, purchase, rental, or lease, or the listing for the sale, purchase, rental, or lease, of any housing accommodation;
(10) To retaliate or discriminate in any manner against a person because such person has opposed a practice declared unlawful by this Code section or because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing involving this article;
(11) To aid, abet, incite, compel, or coerce any person to engage in any of the practices prohibited by this article or to obstruct or prevent any person from complying with this article or any order issued thereunder;
(12) Otherwise to deny to or withhold from a person any housing accommodation be cause of such person's race, color, sex, religion, or national origin;
(13) To intimidate or otherwise harass any person in the occupancy, ownership, or leas-

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ing of any housing accommodation because of such person's race, color, sex, religion, or national origin;
(14) To deny to any person applying therefor casualty or mortgage insurance coverage or a loan or other financial assistance for the purpose of purchasing, constructing, improv ing, repairing, or maintaining a housing accommodation or to discriminate against such per son, directly or indirectly, in the fixing of the terms of coverage or cost of such insurance or the amount, interest rate, duration, or other terms or conditions of such loan or other finan cial assistance because of the race, color, sex, religion, or national origin of such person or of any person associated with such person in connection with such application for insurance or loan or other financial assistance or of the present or prospective owners, lessees, tenants, or occupants of the housing accommodations in the relative area in which such housing accom modation is located; or
(15) To deny to any real estate broker or salesperson access to or membership or partic ipation in any multiple-listing service, real estate broker's organization, or other service, organization, or facility relating to the business of selling or renting housing accommoda tions or to discriminate against such person in the terms or conditions of such access, mem bership, or participation because of that person's race, color, sex, religion, or national origin.
8-3-203. A real estate broker, real estate salesperson, financial institution, or insurance company shall be responsible for the acts of its agents, salespersons, or employees and shall be deemed to have violated this article if its agents, salespersons, or employees are found to be in violation of this article, provided that no principal or employer shall be deemed to have violated this article if it is shown that (1) the act of the agent, salesperson, or employee was contrary to the instructions of such principal or employer and (2) the principal or em ployer did not ratify the act of the agent, salesperson, or employee.
8-3-204. Any real estate broker, any lender, any insurer, or the agents or employees thereof, or any other person subject to the requirements of this article shall not be prohib ited by anything contained in this article from answering truthfully any questions of any prospective buyer or seller of any housing accommodation, whom such person serves as an agent, concerning any matters which, in the opinion of such person, may affect such pro spective buyer's or seller's decision to buy or sell.
8-3-205. The right to own and enjoy property shall remain inviolate; and nothing in this article shall be construed to prevent an owner from disposing of his property as he sees fit under the law. Any person accused under this article shall have a trial by jury.
8-3-206. This article shall not apply to any person who sells or offers to sell a housing accommodation and who does not use the services of a real estate broker or salesperson in connection therewith and who is not engaged in the business of building, buying, or selling housing accommodations. Further, this article shall not apply to the rental or lease of any housing units in a housing accommodation which is occupied as a residence by the owner or a member of the owner's family. Nothing in this article shall prohibit a religious organiza tion, association, or society, or any nonprofit institution or organization operating, super vised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, or national origin.
8-3-207. (a) Any person aggrieved by the acts of any real estate broker, any lender, any insurer, or the agents or employees thereof, or any other person subject to the requirements of this article, or by any act which constitutes a violation of Code Section 8-3-202, may institute against any person committing such acts a civil action in any court of record in this state having jurisdiction over the defendant. Any such civil action must be brought within 180 days after the alleged act occurred.
(b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award to the plaintiff actual

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damages and not more than $1,000.00 punitive damages, together with court costs and rea sonable attorney's fees in the case of a prevailing plaintiff, provided that the plaintiff, in the opinion of the court, is not financially able to assume the attorney's fees.
8-3-208. (a) Any person who violates any provision of this article shall be guilty of a misdemeanor.
(b) If a real estate broker, a real estate salesperson, or an employee thereof is found to be in violation of this article, the Georgia Real Estate Commission, upon receipt of notifica tion of conviction from the court hearing the matter, may suspend the license of the real estate broker or salesperson for a period of not less than 90 days nor more than five years and may, in an appropriate case, revoke the license.",
and inserting in lieu thereof a new Article 4 to read as follows:
"ARTICLE 4
8-3-200. It is the policy of the State of Georgia to provide, within constitutional limita tions, for fair housing throughout the state.
8-3-201. As used in this article, the term:
(1) 'Administrator' means the administrator of the Office of Fair Employment Practices created under Article 2 of Chapter 19 of Title 45.
(2) 'Discriminatory housing practice' means an act that is unlawful under Code Section 8-3-202, 8-3-203, or 8-3-204.
(3) 'Dwelling' means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
(4) 'Family' includes a single individual.
(5) 'Person' means one or more individuals, corporation, partnerships, associations, la bor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or fiduciaries.
(6) 'Person aggrieved' means any person who claims to have been injured by a discrimi natory housing practice or who believes that he will be irrevocably injured by a discrimina tory housing practice that is about to occur.
(7) 'State' means the State of Georgia.
(8) 'To rent' means to lease, to sublease, to let, and otherwise to grant for a considera tion the right to occupy premises not owned by the occupant.
8-3-202. (a) Except as exempted by subsection (b) of this Code section or Code Section 8-3-205, it shall be unlawful:
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negoti ate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, or national origin;
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, or national origin;
(3) To make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, religion, sex, or national origin, or an intention to make any such preference, limitation, or discrimination;
(4) To represent to any person because of race, color, religion, sex, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available; or

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(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, or national origin.
(b) (1) Nothing in this Code section, other than paragraph (3) of subsection (a) of this Code section, shall apply to:
(A) Any single-family dwelling sold or rented by an owner; if:
(i) Such private individual owner does not own more than three such single-family dwellings at any one time;
(ii) Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family dwellings at any one time;
(iii) Such dwelling is sold or rented:
(I) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and
(II) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of subsection (c) of this Code section; but nothing in this para graph shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or
(B) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(2) In the case of the sale of any such single-family dwelling by a private individual owner not residing in such dwelling at the time of such sale or who was not the most recent resident of such dwelling prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period.
(c) For the purposes of subsection (b) of this Code section, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
8-3-203. It shall be unlawful for any bank, building and loan association, insurance com pany, or other corporation, association, firm, or enterprise whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improv ing, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance because of the race, color, religion, sex, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given, provided that nothing contained in this

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Code section shall impair the scope or effectiveness of the exception contained in subsection (b) of Code Section 8-3-202.
8-3-204. It shall be unlawful to deny any person access to, or membership or participa tion in, any multiple-listing service, real estate brokers' organization, or other service, organ ization, or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership, or participation on account of race, color, religion, sex, or national origin.
8-3-205. Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, or national origin. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
8-3-206. (a) The authority and responsibility for administering this article shall be vested in the administrator of the Office of Fair Employment Practices.
(b) The administrator may delegate any of the administrator's functions, duties, and powers to employees of the Office of Fair Employment Practices or to boards of such em ployees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, bus iness, or matter under this article. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred.
(c) All departments and agencies of state government shall administer their programs and activities relating to housing and urban development in a manner affirmatively to fur ther the purposes of this article and shall cooperate with the administrator to further such purposes.
(d) The administrator shall:
(1) Make studies with respect to the nature and extent of discriminatory housing prac tices in representative communities, urban, suburban, and rural, throughout the state;
(2) Publish and disseminate reports, recommendations, and information derived from such studies;
(3) Cooperate with and render technical assistance to local and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices; and
(4) Administer the programs and activities relating to housing in a manner affirmatively to further the policies of this article.
8-3-207. The administrator shall commence such educational and conciliatory activities as in the administrator's judgment will further the purposes of this article. The administra tor shall call conferences of persons in the housing industry and other interested parties to acquaint them with this article and the administrator's suggested means of implementing this article, and shall endeavor with their advice to work out programs of voluntary compli ance and of enforcement. The administrator shall consult with state and local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in this state, and whether and how enforcement programs might be utilized to combat such discrimination in connection with the administrator's enforcement of this article. The ad ministrator shall issue reports on such conferences and consultations as the administrator deems appropriate.
8-3-208. (a) Any person who claims to have been injured by a discriminatory housing

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practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur may file a complaint with the administrator. Complaints shall be in writing and shall contain such information and be in such form as the administrator requires. Upon receipt of such a complaint the administrator shall furnish a copy of the same to the person or persons who allegedly committed or are about to commit the alleged discriminatory housing practice. Within 30 days after receiving a complaint, or within 30 days after the expiration of any period of reference under subsection (c) of this Code sec tion, the administrator shall investigate the complaint and give notice in writing to the per son aggrieved whether the administrator intends to resolve it. If the administrator decides to resolve the complaint, the administrator shall proceed to attempt to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, or persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the persons concerned. Any employee of the Office of Fair Employment Practices who shall make public any information in violation of this subsection shall be guilty of a misdemeanor.
(b) A complaint under subsection (a) of this Code section shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against the respondent and with the leave of the administra tor, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be verified.
(c) If within 30 days after a complaint is filed with the administrator, the administrator has been unable to obtain voluntary compliance with this article, the person aggrieved may, within 30 days thereafter, commence a civil action in any appropriate superior court, against the respondent named in the complaint, to enforce the rights granted or protected by this article, insofar as such rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may, subject to the provisions of Code Section 8-3-210, enjoin the respondent from engaging in such prac tice or order such affirmative action as may be appropriate. Any person instituting a civil action under this Code section shall be required to file with the complaint an affidavit which shall set forth specifically the act or violation complained of and the factual basis for each such claim.
(d) In any proceeding brought pursuant to this Code section, the burden of proof shall be on the complainant.
(e) Whenever an action filed by an individual in a superior court pursuant to this Code section or Code Section 8-3-210 shall come to trial the administrator shall immediately ter minate all efforts to obtain voluntary compliance.
8-3-209. (a) In conducting an investigation the administrator shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possi ble sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the fur therance of the investigation, provided that the administrator first complies with the provi sions of the Fourth Amendment to the Constitution of the United States, relating to unrea sonable searches and seizures. The administrator may issue subpoenas to compel access to or the production of such materials or the appearance of such persons and may issue inter rogatories to a respondent to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in a superior court in which the investigation is taking place. The administrator may administer oaths.
(b) Upon written application to the administrator, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the administrator to the same extent and subject to the same limitations as subpoenas issued by the administra-

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tor. Any subpoena issued at the request of a respondent shall show on its face the name and address of such respondent and shall state that it was issued at his or her request.
(c) Witnesses summoned by subpoena of the administrator shall be entitled to the same witness and mileage fees as are witnesses in proceedings in superior courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him or her.
(d) Within five days after service of a subpoena upon any person, such person may petition the administrator to revoke or modify the subpoena. The administrator shall grant the petition if the administrator finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particular ity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.
(e) In case of contumacy or refusal to obey a subpoena, the administrator or other per son at whose request it was issued may petition for its enforcement in the superior court of the county in which the person to whom the subpoena was addressed resides or transacts business.
(f) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in his power to do so, in obedience to the subpoena or lawful order of the administrator, shall be guilty of a misdemeanor. Any person who, with intent thereby to mislead the administrator, shall make or cause to be made any false entry or statement of fact in any report, account, record, or other document submitted to the administrator pursuant to the administrator's subpoena or other order, or who shall willfully neglect or fail to make or cause to be made full, true, and correct entries in any such report, account, record, or other document, or who shall willfully mutilate, alter, or by an other means falsify any documentary evidence, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00.
(g) The Attorney General shall conduct all litigation in which the administrator partici pates as a party or as amicus pursuant to this article.
8-3-210. (a) The rights granted by Code Sections 8-3-202, 8-3-203, and 8-3-204 may be enforced by civil actions in appropriate superior courts. A civil action shall be commenced within 180 days after the alleged discriminatory housing practice occurred, provided that the court shall continue such civil case brought pursuant to this Code section or subsection (c) of Code Section 8-3-208 from time to time before bringing it to trial if the court believes that the conciliation efforts of the administrator are likely to result in satisfactory settle ment of the discriminatory housing practice complained of in the complaint made to the administrator and which practice forms the basis for the action in court; provided, further, that any sale, encumbrance, or rental consummated prior to the issuance of any court order issued under the authority of this article and involving a bona fide purchaser, encum brancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this article shall not be affected. Any person instituting a civil action under this chapter shall be required to file with the complaint an affidavit which shall set forth specifically the act or violation complained of and the factual basis for each such claim.
(b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff ac tual damages and not more than $1,000.00 punitive damages, together with court costs and reasonable attorney's fees in the case of a prevailing plaintiff, if the plaintiff, in the opinion of the court, is not financially able to assume said attorney's fees. Should the plaintiff not prevail and a defendant'! verdict is rendered, the plaintiff shall, as provided in Code Section 9-15-14, be assessed costs and attorney's fees of the defendant.
8-3-211. Whenever the Attorney General has reasonable cause to believe that any per-

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son or group of persons is engaged in a pattern or practice of resistance to the full enjoy ment of any of the rights granted by this article, or that any group of persons has been denied any of the rights granted by this article and such denial raises an issue of general public importance, he may bring a civil action in any appropriate court by filing with it a complaint setting forth the facts and requesting such preventive relief, including an applica tion for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for such pattern or practice or denial of rights, as he deems necessary to ensure the full enjoyment of the rights granted by this article.
8-3-212. Any court in which a proceeding is instituted under Code Section 8-3-210 or 83-211 shall assign the case for hearing at the earliest practicable date and cause the case to be expedited.
8-3-213. A political subdivision of this state may adopt verbatim the discriminatory housing practices of this article as a local ordinance but may not expand or reduce the rights granted by this article.
8-3-214. The administrator may cooperate with federal and local agencies charged with the administration of federal and local fair housing laws or ordinances and, with the consent of such agencies, utilize the services of such agencies and their employees. In furtherance of such cooperative efforts, the administrator may enter into written agreements with such federal or local agencies. All agreements and terminations thereof shall be published in the Official Compilation of the Rules and Regulations of the State of Georgia.
8-3-215. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of such persons having exercised or enjoyed, or on account of such person's having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Code Section 8-3-202, 8-3-203, or 8-3204. This Code section may be enforced by appropriate civil action."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Burton of the 5th offered the following amendment:
Amend the substitute to HB 430 offered by the Senate Committee on Special Judiciary
by adding after the word "sex," the word "handicap," as follows:
Page 2, line 18; page 3, line 30; page 4, line 9; page 7, line 14; page 10, line 34; page 11, lines 5, 11, 15 and 23,
and
By adding on page 22, after line 22 a new paragraph to read as follows:
"Nothing within this article shall be construed to require the modification of an existing dwelling for the purpose of further accommodating handicapped persons."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

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Brannon Broun Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram Foster Garner Gillis

Harris Hine Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman Fincher

Harrison Howard

Kennedy (presiding) Tate

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1261. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Thompson of the 20th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails generally, so as to provide that chiefs of police shall be the municipal corporations' jailers; to provide for the keeping of records.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean Edge

English Engram Fincher Foster Garner Gillis Harris Hine Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons

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1539

Turner

Tysinger

Walker

Those not voting were Senators:

Coleman Echols

Harrison Howard

Kennedy (presiding)

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.

Senator Fincher of the 54th moved that the Senate insist upon the Senate amendment to HB 1035.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1035.

The following general bill and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HR 756. By Representatives Triplett of the 128th and Pannell of the 122nd:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia in Chatham County, Georgia, to Chat ham County, Georgia.
Senate Sponsor: Senator Scott of the 2nd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun Bryant Burton Coverdell Crumbley Deal

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Hine

Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy

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Perry Phillips Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Stumbaugh Tate

Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Coleman

Dawkins Harrison Johnson

Kennedy (presiding) Starr

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1411. By Representatives Dobbs of the 74th, Lane of the lllth, Manner of the 131st and Porter of the 119th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, so as to change certain definitions; to provide for licensing of users of radioactive materials other than by-product, source, and spe cial nuclear materials as sources of ionizing radiation.
Senate Sponsors: Senators Hine of the 52nd and Dawkins of the 45th.

The Senate Committee on Natural Resources offered the following amendment:
Amend HB 1411 by striking lines 3 through 11 of page 3 in their entirety and inserting in lieu thereof the following:
"(7) 'Radiation' means gamma rays and x-rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles, and electromagnetic radiation con sisting of associated and interacting electric and magnetic waves with frequencies between 1 x 109 hertz and 1 x 1024 hertz and wavelengths between 3 x 108 meters and 3 x 10' 16 meters."
By adding at the end of line 12 of page 6 before the semicolon the following:
", except that the department shall not prohibit discharges expressly permitted by the federal Nuclear Regulatory Commission or any successor agency".

Senator Hine of the 52nd offered the following amendment:
Amend the amendment offered by the Senate Committee on Natural Resources to HB 1411 as follows:
On line 12 strike 3 x 108 and insert 3 x 10' 1.

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted as amended.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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1541

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols English

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Edge

Engram Johnson

Kennedy (presiding)

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Serving as doctor of the day today was Dr. John Harvey of Atlanta, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 3:56 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, March 1, 1988
Thirty-sixth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator English of the 21st reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Scott of the 2nd moved that the Senate reconsider its action of Monday, Feb ruary 29, in defeating the following bill of the House:
HB 1395. By Representatives Colwell of the 4th, Greene of the 130th, Foster of the 6th, Cox of the 141st and Johnson of the 72nd: A bill to amend Code Section 50-22-7 of the Official Code of Georgia Annotated, relating to exemptions from the requirements of Chapter 22 of Title 50 concern ing managerial control over acquisition of professional services, so as to exempt the State Properties Commission from the provisions of such chapter.
On the motion, the yeas were 26, nays 3; the motion prevailed, and HB 1395 was recon sidered and placed on the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1778. By Representatives Thompson of the 20th, Hensley of the 20th, Clark of the 20th, Gresham of the 21st, Wilder of the 21st and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the compensation of the mayor, the councilmen, and the mayor pro tem.
HB 1888. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board.
HB 1890. By Representative Barnett of the 10th: A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation of the chairman of the board.
HB 1891. By Representatives Clark of the 20th, Aiken of the 21st, Atkins of the 21st, Wil der of the 21st, Gresham of the 21st and others: A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compen sation of the tax commissioner and the chief clerk thereof.

TUESDAY, MARCH 1, 1988

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HB 1892. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to amend an Act creating the Spalding County Water and Sewerage Facili ties Authority, so as to change the number of members of said Authority from six to seven members; to fix the terms of office of the seventh member.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 669. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to change certain provisions relating to purchases and bids; to change the provisions relating to advertisement of purchases; to except the purchase of professional services from certain requirements of law.
SB 438. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change cer tain definitions and the use of certain terms; to revise the provisions relating to excess insurance; to provide that participation by a board of education in an in terlocal risk management agency shall not constitute a waiver of sovereign immunity.
SB 442. By Senators Barker of the 18th and Coleman of the 1st:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain provisions relating to ascertainment of the owners of certain motor vehicles; to prohibit the creation of certain liens; to provide for criminal penalties.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 476. By Senators Garner of the 30th, Kennedy of the 4th and Hudgins of the 15th:
A bill to amend Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the power of the commissioner of corrections to confer police powers on certain persons, so as to authorize the commissioner of corrections to confer police powers upon wardens of county correctional institutions; to provide an ef fective date.
SB 473. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of the workers' compensation laws to employers and employees generally, so as to extend coverage of the workers' compensation laws to employees of the Department of Corrections who are engaged in farm and livestock operations; to provide an effective date.
SB 491. By Senator Dawkins of the 45th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change certain penalty provi sions relating to the "Employment Security Law"; to make it unlawful for any person to establish a fictitious employing unit for the purpose of receiving unem ployment compensation benefits; to provide a penalty.

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SB 485. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to authorize the appointment of chief deputy tax receivers, collectors, or commissioners; to provide for requirements and proce dures relating to the filling of vacancies in the offices of tax receiver, collector, or commissioner.
SB 527. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to delete certain provisions restricting the power of boards of health of consolidated city-county governments with respect to the establishment and collection of fees for environmental health services.
SB 441. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the annual license required for the operation of a warehouse under the "Georgia State Warehouse Act," so as to provide that if a warehouseman oper ates two or more warehouses in the same county, only one license shall be re quired for the operation of all such warehouses; to change the provisions relating to licenses.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 1200. By Representative Beck of the 148th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to provide that a county and a municipality may contract for the tax commissioner or tax collector of the county in which the municipality is located to assess and collect taxes for such munici pality in the same manner as county taxes,
HB 1302. By Representatives Robinson of the 96th, Pannell of the 122nd, Chambless of the 133rd, Pettit of the 19th and Thomas of the 69th:
A bill to amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder of a pro fessional corporation must be an active practitioner in the corporation which is sued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation.
HB 1571. By Representatives Robinson of the 96th, Lupton of the 25th, Porter of the 119th, Chambless of the 133rd and Buck of the 95th:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," so as to provide that resident domes tic corporations shall not engage in certain business combinations with certain interested shareholders.
HB 1545. By Representatives Pannell of the 122nd, Robinson of the 96th, Oliver of the 53rd and Groover of the 99th:
A bill to amend Code Section 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, so as to provide that the fees of an auditor shall be assessed as court costs; to amend Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, so as to provide that such compensation shall be assessed as court costs

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HB 1631. By Representatives Isakson of the 21st and Chambless of the 133rd: A bill to amend Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1707. By Representatives Birdsong of the 104th, Crawford of the 5th and Waldrep of the 80th: A bill to amend Code Section 45-16-6 of the Official Code of Georgia Annotated, relating to participation in a coroner's training course, so as to provide that any coroner taking a required training course shall receive an expense allowance and travel reimbursement.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.
The House has passed by the requisite constitutional majority the following bill of the Senate:
SB 359. By Senators Kidd of the 25th and Bryant of the 3rd: A bill to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans's benefits, so as to authorize the Veterans Service Board to establish, operate, and maintain a Georgia War Veterans Cemetery in this state; to provide restrictions for interment.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 277. By Senator Kidd of the 25th: A resolution granting a nonexclusive easement for construction, operation, and maintenance of a 115 kV transmission line over or under property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.
SR 278. By Senator Kidd of the 25th: A resolution granting a nonexclusive easement for construction, operation, and maintenance of an overhead transmission tap line over property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 402. By Senator Kidd of the 25th: A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted application for an absen tee ballot as a change of address notification.

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SB 412. By Senator Kidd of the 25th: A bill to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide the judge of the probate court of each county a copy of the Official Code of Georgia Annotated and annual supplements to such Code.
SB 413. By Senator Kidd of the 25th: A bill to amend Code Section 15-9-1.1 of the Official Code of Georgia Annotated, relating to required training courses for judges of the probate courts, so as to provide for the payment and reimbursement of expenses of required training in curred by each probate judge elect.
SB 472. By Senators Garner of the 30th, Crumbley of the 17th and Newbill of the 56th: A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that the commissioner of corrections or his designee shall be authorized to make and exe cute contracts and all other instruments necessary or convenient for the exercise of the powers and duties of the board, the commissioner, and the department.
SB 394. By Senators Dawkins of the 45th, Kidd of the 25th, Foster of the 50th and others: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local governmental bodies; to provide for applica bility to the General Assembly as well as other governmental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 163. By Senators Kidd of the 25th, Kennedy of the 4th and Gillis of the 20th: A resolution providing for the designation of the Albert "Al" Holloway Labor Building.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1342. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.
The House has agreed to the House substitute, as amended by the Senate, to the fol lowing bill of the Senate:
SB 453. By Senators Newbill of the 56th, Deal of the 49th, Foster of the 50th and others: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
The House insists on its position in disagreeing to the Senate substitute, and has ap-

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1547

pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 862. By Representative Colbert of the 23rd: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
The Speaker has appointed on the part of the House, Representatives Colbert of the 23rd, Barnett of the 10th and Dobbs of the 74th.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.
The Speaker has appointed on the part of the House, Representatives Rainey of the 135th, Moody of the 153rd and Peters of the 2nd.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st and others: A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 1440. By Representatives Rainey of the 135th, Moody of the 153rd, Watts of the 41st, Greene of the 130th, Hanner of the 131st and others: A bill to amend Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st: A bill to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

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The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 683. By Senator Brannon of the 51st: A bill to amend an Act placing the Clerk of Superior Court and Judge of Probate Court of Gordon County upon an annual salary, as amended, so as to change certain provisions relating to salaries of such officers; to change certain provisions relating to when fees of such officers shall be paid into the county treasury.
Referred to Committee on Urban and County Affairs.
SB 684. By Senators Harrison of the 37th, Newbill of the 56th and Ragan of the 32nd: A bill to make provisions for the Magistrate Court of Cobb County; to provide for qualifications.
Referred to Committee on Urban and County Affairs.
SB 685. By Senators Brannon of the 51st, Dean of the 31st and Hine of the 52nd: A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, as amended, so as to provide a supplement to the salary of the district attorney of said circuit; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 686. By Senators Brannon of the 51st, Dean of the 31st and Hine of the 52nd: A bill to amend an Act providing for an assistant district attorney for the Chero kee Judicial Circuit so as to provide for the employment, powers, duties, compen sation, and expenses of the assistant district attorney; to provide for additional circuit paid staff positions for the office of the district attorney of the Cherokee Judicial Circuit; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 687. By Senator Howard of the 42nd: A bill to amend an Act making provisions for the Magistrate Court of DeKalb County so as to provide for the nonpartisan election of the chief magistrate.
Referred to Committee on Urban and County Affairs.
SB 688. By Senator Brannon of the 51st: A bill to provide that the school superintendent of Gilmer County shall be elected in nonpartisan elections; to provide for terms of office; to provide proce dures relative to the nomination and qualification of candidates for school super intendent; to provide for related matters; to provide for a referendum.
Referred to Committee on Urban and County Affairs.
SR 442. By Senator Foster of the 50th: A resolution urging the Commissioner of Agriculture to lease certain state owned real property located in Rabun County, Georgia, to the Board of Commissioners of Rabun County.
Referred to Committee on Urban and County Affairs.
SR 443. By Senators Coleman of the 1st, Bryant of the 3rd and Kennedy of the 4th: A resolution creating the Senate Transportation Study Committee.
Referred to Committee on Transportation.

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1549

SR 447. By Senators Barker of the 18th, Hudgins of the 15th, Newbill of the 56th and others: A resolution urging the presidential candidates to identify and communicate their position on critical issues facing children and youth.
Referred to Committee on Children and Youth.
SR 448. By Senators Hudgins of the 15th and Barker of the 18th: A resolution relative to the Georgia Children and Youth Commission.
Referred to Committee on Children and Youth.
SR 449. By Senators Hudgins of the 15th and Barker of the 18th: A resolution relative to a Georgia Children's Services Inventory.
Referred to Committee on Children and Youth.
The following bills of the House were read the first time and referred to committee:
HB 1778. By Representatives Thompson of the 20th, Hensley of the 20th, Clark of the 20th and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the compensation of the mayor, the councilmen, and the mayor pro tem.
Referred to Committee on Urban and County Affairs.
HB 1888. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board.
Referred to Committee on Urban and County Affairs.
HB 1890. By Representative Barnett of the 10th: A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation of the chairman of the board.
Referred to Committee on Urban and County Affairs.
HB 1891. By Representatives Clark of the 20th, Aiken of the 21st, Atkins of the 21st and others: A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compen sation of the tax commissioner and the chief clerk thereof.
Referred to Committee on Urban and County Affairs.
HB 1892. By Representatives Herbert of the 76th and Mostiler of the 75th: A bill to amend an Act creating the Spalding County Water and Sewerage Facili ties Authority, so as to change the number of members of said Authority from six to seven members; to fix the terms of office of the seventh member.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Banking and Finance has had under consideration the following

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bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1162. Do pass.

HB 1566. Do pass as amended.

HB 1310. Do pass.

HB 1657. Do pass.

HB 1554. Do pass as amended.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1322. Do pass by substitute. HB 1848. Do pass. HR 721. Do pass.
Respectfully submitted,
Senator Langford of the 35th District, Chairman

Mr. President:

The Committee on Corrections has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1476. Do pass. HB 1689. Do pass.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following
recommendations:

HB 1403. Do pass by substitute.

HB 1539. Do pass by substitute.

HB 1404. Do pass by substitute.

HB 1692. Do pass.

HB 1422. Do pass by substitute.

HB 1714. Do pass.

Respectfully submitted,

Senator Poster of the 50th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 332. Do pass.

HB 254. Do pass by substitute.

SR 375. Do pass by substitute.

HB 1456. Do pass.

SR 435. Do pass.

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1551

Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1743. Do pass as amended.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following resolutions and bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 413. Do pass.

HB 1629. Do pass.

SR 417. Do pass.

HB 1797. Do pass.

SR 418. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 443. Do pass.

HR 811. Do pass.

HB 1284. Do pass by substitute. HB 1605. Do pass.

HR 877. Do pass.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1538. Do pass by substitute. HB 1557. Do pass by substitute. HB 1650. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the

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House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1235. Do pass. HB 1273. Do pass by substitute. HB 1627. Do pass.
Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 669. Do pass. HB 670. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 682. Do pass. HB 1478. Do pass.

HB 1837. Do pass. HB 1841. Do pass.

HB 1736. Do pass.

HB 1850 Do pass.

HB 1771.
HB 1791.
HB 1801. HB 1811.

Do pass.
Do pass by substitute. ^Do pass. Do pass.

H,,_B 11085.80. HB 1873. HB 1874'

D_ o pass. Do pass by substitute. Do Pass'

HB 1826. Do pass. HB 1836. Do pass.

HB 1886- Do PassHR 652. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 66. Do pass. HB 1567. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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1553

The following bills and resolutions of the Senate and House were read the second time:
SR 384. By Senators Stumbaugh of the 55th, Starr of the 44th, Gillis of the 20th and Brannon of the 51st: A resolution to form the Senate Government Competition with Private Enter prise Study Committee to identify and study governmental activities that may be in competition with the private sector and to study the desirability of contracting out government services to the private sector.
SR 408. By Senators Peevy of the 48th, Barnes of the 33rd, Edge of the 28th and Walker of the 43rd:
A resolution creating the Senate Petroleum Marketing Study Committee.
HB 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1988.
HB 1001. By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation".
HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.
HB 1361. By Representatives Hamilton of the 124th, Herbert of the 76th and Cummings of the 17th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to delete the provisions relating to the employment of minors 15 years of age during school vacation months; to re peal certain provisions relating to the maximum hours of employment of minors.
HB 1366. By Representatives Porter of the 119th, Robinson of the 96th, Thomas of the 69th and Chambless of the 133rd: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to regulate the sale and purchase of commodities and commodity contracts and options.
HB 1370. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th: A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, so as to provide that certain representations or implications in connection with certain promotional schemes designed to make contact with prospective customers shall be declared unfair or deceptive acts or practices and shall be unlawful.
HB 1405. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as

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to change and revise extensively the provisions relating to actions by the admin istrator of the "Fair Business Practices Act of 1975".
HB 1451. By Representatives Johnson of the 72nd, Lee of the 72nd, Bailey of the 72nd, Isakson of the 21st and Holcomb of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to provide the amount to be maintained as a minimum balance in the real estate education, research, and recovery fund; to provide the maximum amount of any claim against such fund.
HB 1535. By Representatives Murphy of the 18th, Groover of the 99th, Walker of the 115th, Lee of the 72nd, Colwell of the 4th and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the fiscal affairs subcommittees of the Senate and House of Representatives, so as to require that certain leases of property by state au thorities must be approved by the fiscal affairs subcommittees.
HB 1565. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change the provisions relat ing to the sale of business opportunities; to provide for the Secretary of State to be the agent for service of process; to provide that multilevel distribution compa nies shall be regulated in the same manner as companies which sell business opportunities.
HB 1576. By Representative Workman of the 51st:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to exempt pressure vessels used for storage of liquid propane gas, 2,000 gallons and below under the jurisdiction of NFPA 58, and which are inspected on a regular basis by the state fire marshal or a local fire marshal.
HB 1638. By Representative McDonald of the 12th:
A bill to amend Code Section 45-18-30 of the Official Code of Georgia Annotated, relating to the definition of employee when used in connection with deferred compensation plans, so as to change the definition of employee.
HB 1691. By Representatives Smyre of the 92nd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the economic development and enhancement of employment in the state through the acquisition, construction, and operation of a stadium suitable for multipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Congress Center and to provide for the financing of such project.

TUESDAY, MARCH 1, 1988

1555

HR 547. By Representative Beck of the 148th: A resolution compensating Mr. Roger L. Underwood in the sum of $1,034.95.
HR 573. By Representative Harris of the 84th: A resolution compensating Mr. Greg Harden in the sum of $1,720.00.
HR 587. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, McDonald of the 12th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a State Housing Trust Fund and to pro vide for funding for such fund and to provide that the funds in such fund shall not lapse and shall not be subject to the prohibition against using money in the state treasury to aid religious denominations or sectarian institutions.
HR 588. By Representative Isakson of the 21st: A resolution compensating Ms. Angie Callaway in the sum of $383.95.
HR 749. By Representative Lawler of the 20th: A resolution compensating Mr. Jack Prince, Delta Y Corporation, Inc. in the sum of $1,007.57.
HR 792. By Representatives Pannell of the 122nd and Triplett of the 128th: A resolution proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area by virtue of Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such property and adja cent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection.
SR 332. By Senators Olmstead of the 26th and Kidd of the 25th: A resolution creating the Health Related Professions Study Committee.
SR 375. By Senators Tate of the 38th, Kidd of the 25th, Allgood of the 22nd and others: A resolution creating the Joint Medicaid Study Committee.
SR 413. By Senator Coverdell of the 40th: A resolution relative to automobile seat belts.
SR 417. By Senator Bowen of the 13th: A resolution creating the Joint Public Safety Study Committee on Communications.
SR 418. By Senator Bowen of the 13th: A resolution supporting the Georgia Public Safety Memorial.
SR 435. By Senator Engram of the 34th: A resolution urging the State Merit System of Personnel Administration to en courage personnel directors of state agencies and the Georgia Building Authority to create designated smoking areas in government buildings.

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HB 254. By Representatives Chambless of the 133rd, Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to authorize the Health Planning Agency to establish and operate a state-wide health care data system to collect, verify, compile, analyze, and disseminate certain health care data.
HB 443. By Representative Hamilton of the 124th:
A bill to amend Code Section 46-2-10 of the Official Code of Georgia Annotated, relating to payment of a special fee by corporations and utilities subject to juris diction of the Public Service Commission, so as to require all public service cor porations and utilities subject to the jurisdiction of the Public Service Commis sion to pay special fees in an amount sufficient to cover the operating cost of the commission.
HB 669. By Representative Martin of the 26th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to authorize the judge of the probate court to require the initial posting of the bond of a guardian for a period greater than one year; to provide that upon the resignation or removal of a guardian or other termination of a guardianship, the probate court retains jurisdiction over the guardian until a final settlement of accounts is made.
HB 670. By Representative Martin of the 26th:
A bill to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to the administration of estates generally, so as to authorize the judge of the probate court to require the initial posting of a bond given by an administra tor or executor to be posted for a period greater than one year.
HB 1162. By Representative Pannell of the 122nd:
A bill to amend Part 4 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of trust companies, so as to change the requirements relating to fiduciary funds awaiting investment or distribution.
HB 1235. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and others:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to applications for appeals for discretionary appeals, so as to make ap peals from decisions of the state courts reviewing decisions of magistrate courts.
HB 1284. By Representative Steinberg of the 46th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, so as to prohibit ac cess to the use of certain telephone numbers when solicitations to call such num bers are made with certain automated dialing equipment; to make it unlawful to solicit calls to certain telephone numbers through the use of certain automated dialing equipment.
HB 1310. By Representatives Walker of the 85th, Redding of the 50th, Thomas of the 31st and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations.

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1557

HB 1403. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to redesignate the provisions relating to post-secondary voca tional education and place them in a separate article.
HB 1404. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Article 6 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to make certain editorial changes and corrections; to authorize handicapped children to use certain types of funds.
HB 1422. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-58 of the Official Code of Georgia Annotated, relating to regular monthly meetings of county boards of education, so as to re move the requirements that the meeting be held at the county seat.
HB 1456. By Representative Robinson of the 96th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide that in contested cases involving a license to practice medicine or a license to practice dentistry in this state, the filing of an application for appeal or a notice of appeal shall not by itself stay enforcement of the agency decision.
HB 1476. By Representatives Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Ransom of the 90th and others:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide for state participation in the cost of funding certain county probation systems under cer tain conditions; to provide that county probation systems, including state court adult probation systems, of each county having a population of 250,000 or more shall become a part of the state-wide probation system on a certain date.
HB 1538. By Representatives Pettit of the 19th, Groover of the 99th and Thomas of the 69th:
A bill to amend Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to personalty, so as to authorize the owner of personal prop erty to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft involving the owner's personal property.
HB 1539. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide limita tions and procedures relating to payment of stipends for participation in profes sional development programs.
HB 1554. By Representatives Smyre of the 92nd, Dover of the llth, Kilgore of the 42nd, Benn of the 38th, Lawson of the 9th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, so as to change the length of

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time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
HB 1557. By Representative Smith of the 78th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to require the judge of the probate court to issue certain certificates stating the date, time, and place where an adult has been declared incapacitated and guardianship created; to provide for certain certificates in cases where guardianships have been terminated.
HB 1566. By Representatives Workman of the 51st and Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to provide for the regulation of the investment advisory business; to provide for definitions; to provide for the registration of investment advisers and investment adviser representatives.
HB 1605. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to eliminate and repeal the provi sions relative to the automatic repeal of the chapter.
HB 1627. By Representatives Barnett of the 10th and Yeargin of the 14th:
A bill to amend Code Section 24-10-60 of the Official Code of Georgia Annotated, relating to issuance of an order requiring a prisoner's delivery to serve as a wit ness or criminal defendant, so as to provide procedures for the delivery of a pris oner under a sentence of death as a witness.
HB 1629. By Representatives Coleman of the 118th, Twiggs of the 4th, Hanner of the 131st and Couch of the 40th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, known as the "Bus Passenger Safety Act," so as to provide for legislative findings; to change the provisions relating to definitions; to provide that certain provisions will apply to railroad and rapid transit systems as well as to bus transportation.
HB 1650. By Representatives Pannell of the 122nd, Robinson of the 96th, Chambless of the 133rd and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to provide for the abate ment of nuisances in the unincorporated areas of counties; to provide for the jurisdiction of courts in connection therewith; to change the provisions relating to buildings and structures which are unfit for human habitation or which are health hazards.
HB 1657. By Representative Pettit of the 19th:
A bill to amend Code Section 36-1-22 of the Official Code of Georgia Annotated, relating to the authority of counties to levy, assess, and collect business and occu pational license taxes and license fees, so as to provide criteria upon which such taxes or fees may be levied, assessed, and collected.

TUESDAY, MARCH 1, 1988

1559

HB 1689. By Representatives Sinkfleld of the 37th, Orrock of the 30th, Greene of the 130th and others:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide a defini tion; to prohibit the Department of Corrections from entering into certain con tracts or making certain expenditures for the construction or use of certain addi tional confinement facilities unless notice thereof is provided to certain members of the General Assembly.
HB 1692. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers.
HB 1714. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification by the State Board of Education of professional per sonnel employed in the public schools of Georgia, so as to provide for fees to be paid by applicants for certification or renewal.
HB 1743. By Representative Twiggs of the 4th:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles, so as to provide that all officially marked law enforcement vehicles shall not be required to have a permit for the use of a blue light.
HB 1797. By Representatives Birdsong of the 104th, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to create the honorary office of sheriff emeritus.
HR 652. By Representatives Hamilton of the 124th, Pannell of the 122nd, Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others:
A resolution creating the Chatham County Homestead Exemption Study Commission.
HR 811. By Representatives Connell of the 87th, Padgett of the 86th, Ransom of the 90th and others:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia or the Georgia Building Authority (Hos pital) in Richmond County, Georgia.
HR 877. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey all or portions of certain state owned real property located in Towns County, Georgia, to the United States of America, acting by and through its forest service, in exchange for the conveyance to the State of Georgia by the United States of America of all or portions of certain tracts of real property owned by the United States of America and located in Dawson County, Georgia.

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JOURNAL OF THE SENATE

HB 1322. By Representatives Mueller of the 126th, Ramsey of the 155th, Alien of the 127th, Goodwin of the 63rd and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to require verification that the person to whom an alco holic beverage is sold or otherwise furnished is 21 years of age or older.
HB 1567. By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide that in any county having a population of more than 150,000 in any metropolitan statistical area having a population of not less than 260,000 nor more than 360,000 public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected.
HB 1848. By Representatives Bishop of the 94th, Benn of the 38th, Couch of the 40th and others:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain counties and municipalities.
HR 721. By Representatives Redding of the 50th and Orrock of the 30th:
A resolution encouraging home builders and developers of single-family resi dences and residential condominiums to construct some houses, buildings, and related areas in a manner to provide minimal levels of accessibility to accommo date disabled and older persons.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bowen
Brannon BB*r0yTMant Burton Coverdell Crumbley
Dawkins Deal
Echols Edge English

Engram Fincher Foster Garner Gillis
5arTM HHoawmasrdn Huggins Johnson Kidd
Land McGill
McKenzie Newbill Olmstead

Those not answering were Senators:

Barnes Coleman

Dean Hine

Peevy Perry Ragan of 10th Ragan of 32nd Ray
Scott of 2nd S,,,cott o,f 36th fumake "tarr Stumbaugh Taylor Timmons Turner Tysinger Walker
Hudgins Kennedy (presiding)

TUESDAY, MARCH 1, 1988

1561

Langford

Phillips

Tate

Senator Ray of the 19th introduced the chaplain of the day, Reverend Thomas B. Pres ton, pastor of Pine Grove Baptist Church, Douglas, Georgia, who offered scripture reading and prayer.

The President resumed the Chair.

The following resolutions of the Senate were read and adopted:

SR 444. By Senator Timmons of the llth: A resolution recognizing and commending Mrs. Thelma W. Davis.

SR 450. By Senator Walker of the 43rd: A resolution commending Pastor George Moore.

SR 451. By Senator Walker of the 43rd: A resolution commending Pastor Jimmie L. Smith.

SR 452. By Senator Walker of the 43rd: A resolution commending Reverend James H. Morton.

SR 453. By Senator Ray of the 19th: A resolution congratulating Mr. and Mrs. Howell Vickers.

SR 454. By Senator Ray of the 19th: A resolution congratulating Thomas and Allene Patton.

SR 455. By Senator Ray of the 19th: A resolution congratulating Frank and Dorothy Sparks.

SR 456. By Senator Ray of the 19th: A resolution expressing regret at the passing of Mr. Jesse Phillips.

SR 457. By Senator Ray of the 19th: A resolution expressing regret at the passing of Ms. Cindy Carr.

SR 458. By Senator Ray of the 19th: A resolution expressing regret at the passing of Mr. Van Davis.

SR 459. By Senator Bowen of the 13th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state's greatest barbecue cooking contest.

SR 460. By Senator Turner of the 8th:
A resolution commending the Georgia Christian School Generals basketball team.

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JOURNAL OF THE SENATE

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
March 1, 1988 THIRTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 682 Brannon, 51st Fannin County
Provides for requirements and procedures of the nonpartisan nomination and election of the chief magistrate of Magistrate Court; provides for other mat ters relative to the foregoing; provides an effective date.

HB 1478 Albert, 23rd Allgood, 22nd Richmond County
Provides a homestead exemption from all county school district ad valorem taxes for educational purposes for districts who have annual incomes not ex ceeding $10,000.00 and who are 65 years of age or over.

HB 1736 HB 1771 *HB 1791

Scott, 2nd Bryant, 3rd Coleman, 1st City of Port Wentworth
Changes provisions relative to election of mayor and councilmen.
Barnes, 33rd Ragan, 32nd Harrison, 37th Newbill, 56th Cobb County
Changes compensation of solicitor; changes provisions relating to the com pensation of the chief assistant solicitor and the assistant solicitors; provides effective date.
McGill, 24th Albert, 23rd Columbia County
Changes salary provisions relating to chairman and other members of Board of Commissioners; provides for an allowance for members of the board to enable such members to carry out their duties. (Substitute)

HB 1801 Harrison, 37th Brannon, 51st Cherokee County

Deal, 49th Newbill, 56th Forsyth County
Changes provisions relating to jurisdiction; changes provisions relating to qualifications of judge and solicitor.

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1563

HB 1811 Crumbley, 17th Starr, 44th City of Forest Park Clayton County
Re-incorporates city in county; creates new charter for said city; prescribes corporate limits of city; enumerates corporate powers of city; provides for preservation of ordinances, bylaws, rules, and regulations.

HB 1826 Harrison, 37th Brannon, 51st Cherokee County
Changes compensation of members and chairman of "Cherokee County Water and Sewerage Authority."

HB 1836 Huggins, 53rd Fincher, 54th Catoosa County
Changes method of selection of members of board.

HB 1837 Crumbley, 17th Butts County
Changes powers, duties, and authority of Board of Commissioners; creates office of county manager.

HB 1841 Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County
Changes certain costs and provisions relating to costs of State Court.

HB 1850 Ray, 19th City of Scotland Telfair County
Grants new charter to city; repeals and replaces charter.

HB 1858 Crumbley, 17th Starr, 44th Clayton County
Provides for compensation and expenses of coroner of county; changes com pensation of coroner.

*HB 1873

Johnson, 47th Madison County
Changes certain provisions relating to meetings of the Board of Commission ers. (Substitute)

HB 1874 Barnes, 33rd Ragan, 32nd Newbill, 56th Harrison, 37th Cobb County
Changes compensation of clerk and the chief deputy of clerk of State Court.

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JOURNAL OF THE SENATE

HB 1886 Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County
Changes compensation of judge of Juvenile Court.
The substitutes to the following bills were put upon their adoption:
*HB 1791:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1791:
A BILL
To be entitled an Act to amend an Act creating a board of commissioners for Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so as to change the salary provisions relating to the chairman and other members of the board of commission ers; to provide for an allowance for members of the board to enable such members to carry out their duties; to limit the amount of such allowance and the period in which such allow ance will be effective; to provide for the reimbursement of members for certain expenses incurred by members outside of Columbia County; to change the provisions relating to meetings of the board; to change the provisions relating to the powers and duties of the board of commissioners; to change the provisions relating to the powers and duties of the chairman of the board of commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners for Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, is amended by striking in its entirety subsection (a) of Section 5 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The chairman of the board of commissioners of Columbia County, Georgia, shall receive an annual salary of $7,500.00, payable in equal monthly installments from county funds; provided, however, that on and after January 1, 1989, the chairman shall receive an annual salary of $10,500.00, payable in equal monthly installments from county funds. Each of the other members of said board shall receive an annual salary of $3,600.00, payable in equal monthly installments from county funds; provided, however, that on and after January 1, 1989, each of the other members of said board shall receive an annual salary of $6,500.00, payable in equal monthly installments from county funds.
(2) In addition to the compensation provided for in paragraph (1) of this subsection, the chairman and each other member of the board of commissioners shall be entitled to receive from the effective date of this Act through December 31, 1988, an allowance in an amount of $250.00 per month, payable from county funds. Such allowance shall enable the chairman and other members of the board to carry out their duties and responsibilities. Notwith standing any other provisions of this paragraph, the allowance provided for in this para graph shall not be paid unless the board of commissioners adopts a resolution providing for such allowance.
(3) On and after January 1, 1989, the members of the board of commissioners shall be entitled to reimbursement for actual expenses incurred by members of the board outside of Columbia County in carrying out official county business, provided such expenses are ap proved by the board."
Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Said board of commissioners of Columbia County shall meet at the court-

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1565

house in said county on the first Tuesday of each month and at the governmental office complex on the third Tuesday of each month; provided, however, that the said board shall meet at such other times as determined by the chairman or a majority of said board of commissioners."
Section 3. Said Act is further amended by striking in its entirety subsection (e) of Sec tion 9 and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) To be solely responsible for employing the various department heads, including, but not being limited to, a comptroller, clerk of the board of commissioners, director of public works or county engineer, or both, planning and zoning administrator, superinten dent of the water and sewerage department, and such other department heads as may be necessary from time to time. Said board of commissioners may delegate the hiring of other county employees to the respective department heads."
Section 4. Said Act is further amended by striking in its entirety subsection (b) of Sec tion 10 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Cause the clerk of the board of commissioners or such other department head so designated by the board of commissioners to keep accurate minutes and records of each meeting of the board and cause same to be bound and kept in a permanent form."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
*HB 1873:

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1873:
A BILL
To be entitled an Act to amend an Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to change cer tain provisions relating to meetings of the board; to change certain provisions relating to the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. The board shall meet at least twice a month at 7:00 P.M. on the second and fourth Tuesday; provided, however, that if a meeting is scheduled on a holiday, such meet ing will be held on the Wednesday following such holiday. The board shall set the time for such meetings, and public notice shall be given of the time, place, and date of each such meeting. The board may hold special meetings at any time on the call of the chairman or on the call of the majority of the members of the board; provided, further, no such special or called meeting shall be held for any purpose unless notice thereof has been given in writing to all members of the board at least 48 hours prior to the time set for said meeting. Said notice may be waived by the members of the board, provided the waivers are in writing and signed by all members of the board and made a part of the record. Proceedings of any meetings not held in conformity and in compliance with the foregoing shall be null, void, and of no effect."

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JOURNAL OF THE SENATE

Section 2. Said Act is further amended by striking subsection (a) of Section 9 and in serting in its place a new subsection (a) to read as follows:
"(a) The chairman of the board of commissioners of Madison County shall receive an annual salary in an amount equal to the annual salary now or hereafter received by the sheriff of Madison County; provided, however, that such annual salary shall not be less than $34,280.64. The salary of the chairman shall be payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $3,000.00 per annum, payable in equal monthly installments from county funds. The vice-chairman of the board of commissioners shall receive an additional $600.00 per year payable in equal monthly in stallments from county funds."
Section 3. This Act shall become effective on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Ba*1"* Brannon BBrroyuannt Burton
Coverdell Crumbley Dawkins Deal Dean

Echols English Engram Fincher Fter Gilhs HHaarrrriisson Hine
Howard Kennedy Kidd Land Langford

Olmstead Peevy Perry Ragan of loth Ragan of 32nd R 0^co,t,t o,f ,,2nd, Scott of 36th
starr Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Coleman Edge Garner Hudgins

Huggins Johnson McGill McKenzie Newbill

Phillips Shumake Stumbaugh Tate Walker

On the passage of all the local bills, the yeas were 41, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1791 and HB 1873, having received the requisite constitutional majority, were passed.

HB 1791 and HB 1873, having received the requisite constitutional majority, were passed by substitute.

TUESDAY, MARCH 1, 1988

1567

The following resolutions of the Senate were read and adopted:
SR 445. By Senator Barker of the 18th: A resolution commending WXIA-TV and the Gannett Broadcasting Group.
SR 446. By Senator Barker of the 18th: A resolution commending WSB-TV.
Senator Barker of the 18th introduced various people affiliated with WXIA-TV and WSB-TV.
SENATE RULES CALENDAR Tuesday, March 1, 1988
THIRTY-SIXTH LEGISLATIVE DAY HB 1671 Life and Health Insurance Guaranty Associations--scope of coverage (Amend
ment) (Ins--49th) HB 704 Teachers Retirement--certain persons members state, not local (Substitute)
(Ret--40th) SR 415 Joint Cobb County Study Committee--create (U&CA--37th) HB 1385 Unattended Automobile on Street--peace officer checks (Pub S--27th) HB 1570 Restricted Driving Permits--conditions (Substitute) (Trans--7th) HB 816 Doctors of Optometry--may use trade names (Gov Op--25th) HB 1434 Parent, Child--grandparent visitation rights (C&Y--28th) HB 1025 Public School Employees' Retirement--retiring with 40 years (Ret--20th) HB 1670 Stone Mountain Judicial Circuit Superior Courts--additional judge (Judy--5th) HB 1394 Firearm Dealer--certain reports to local law enforcement agencies (Pub S--27th) HR 746 Certain State Property--relative to (Pub U--33rd) HB 1528 Documents Making Anatomical Gifts--two witnesses not required (Judy--42nd) HB 1497 Advertising Phone Number Imposing Charge--deceptive practice (Pub U--28th) HB 1674 Certain Realty Sold Under Tax Execution--redemption period (Substitute)
(Judy--46th) HB 1479 Judicial Officer Carrying Out Duty--unlawful to obstruct (Pub S--10th) HB 1540 Waycross Judicial Circuit Superior Courts--terms (Judy--6th) HB 1626 Properties Commission--acquisition related services for state agencies (Pub
U--2nd) HB 24 Employees' Retirement System--membership of District Attorneys' investigators
(Ret--44th) HB 1589 Publicly Owned Corporation--insurable interest in directors' lives (Ins--12th) HB 1635 Superior Court Clerks--certain fees (Judy--49th) HB 1747 Insurer--use of good will in considering financial conditions (Ins--16th) SR 386 Head Injury Treatment, Rehabilitation Study Committee--create (Substitute)
(Hum R--21st) HB 1216 Daycare Center Employee Records Checks--change a definition (Substitute)
(Hum R--42nd) HB 1806 Impounded Animals--fees for impounding, care and feeding, disposal (Ag--24th) HB 1333 Traffic Courts, Certain Cities--change jurisdiction (Judy--42nd)

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JOURNAL OF THE SENATE

HB 1662 Fraternity, Sorority--certain initiation conduct unlawful (H Ed--41st)
HB 1123 Selling Alcoholic Beverages to Minor--parent's right of action against (S Judy--43rd)
HB 1779 Retirement, Pensions--change certain references (Ret--33rd) SR 409 Insurance Committee--study feasibility of health insurance pool (Ins--55th)
HB 1355 Child Abuse--certain persons report (C&Y--5th) HR 707 Helena--grant easement, certain state property (Pub U--19th) SR 402 Senate State Parks System Study Committee--create (Nat R--20th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1671. By Representatives Ware of the 77th and Wood of the 9th:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to change the scope and applicability of coverage of such association; to provide that a person may be a resident only of one state for purposes of payments from the association; to provide for coverages of the guaranty association to certain eligible persons.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Insurance offered the following amendment:
Amend HB 1671 by striking the period and quotation marks at the end of line 5 of page 5 and inserting in lieu thereof the following:
"which shall include contracts qualified under Section 403(b) of the United States In ternal Revenue Code.' "

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Bryant Burton Coverdell Crumbley Dawkins

Deal Dean Echols Edge English Engram Foster Garner Gillis Harris Harrison

Howard Huggins Johnson Kennedy Kidd Land Langford McGill Newbill Olmstead Peevy

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1569

Perry Ragan of 10th Ragan of 32nd Scott of 2nd Shumake

Starr Stumbaugh Tate Taylor

Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun
Coleman Fincher

Hine Hudgins McKenzie

Phillips Ray Scott of 36th

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 704. By Representatives Couch of the 40th, Johnson of the 72nd, Lane of the 27th and others:
A bill to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Geor gia, so as to provide that persons employed after a certain date by a certain county school system shall be members of the Teachers Retirement System of Georgia and may not be members of a local retirement fund.
Senate Sponsor: Senator Coverdell of the 40th.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 22, 1988

SUBJECT: House Bill 704 (Substitute) (LC 7 6976S) Teachers Retirement System

As amended, this Bill would require certain teachers employed by county school sys tems in counties having a population of 550,000 or more to become members of the Teach ers Retirement System (TRS). Teachers employed on or after July 1, 1988 would be re quired to be members of the TRS. County teachers employed prior to July 1, 1988 (that were covered by a local retirement plan with an effective date on or after April 1, 1962 and that were not already retired from TRS) would be required to transfer from the local retire ment system to the TRS and obtain equivalent creditable service in the TRS. The following payments would be made on their behalf:

1. An amount paid by the managing body of the local retirement system equal to the employee contributions, plus regular interest.

2. An amount paid by the managing body of the local retirement system for employer contributions (plus interest at a maximum of nine percent per annum) paid in 39 annual installments beginning June 30, 1990. The amount of employer contributions is to be based on a formula identified in the Bill and an interest only payment is to be made June 30, 1989.

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JOURNAL OF THE SENATE

The managing body of the local retirement fund would also be required to pay retired transferred teachers or other beneficiaries the amount of additional benefit payable under the local retirement fund (based on benefits available at the time of transfer) over benefits available under the TRS. The Bill also identifies steps to be taken if the local retirement system fails to make the required payments and provides that the Bill's provisions should not result in an increase in the rate of non-state funded employer contributions.
The amendments made by this substitute version of House Bill 704 are identified below:
1) Prohibits the transfer to TRS of certain local retirement system members formally allowed to transfer.
2) Clarifies provisions regarding additional benefits available under local retirement sys tems and employee contributions.
3) Revises the employer contribution payment formula and payment schedule. Also identifies a maximum interest rate.
4) Allows prepayment of the balance owed TRS at anytime without any prepayment penalty.
This is to certify that the net effect of the amendments made in this Bill would be nonfiscal as defined in the Public Retirement Systems Standards Law. The actuarial investi gation completed for (LC 7 6758S) could also apply to this Bill (LC 7 6976S).
/a/ G. W. Hogan State Auditor
The Senate Committee on Retirement offered the following substitute to HB 704:
A BILL
To be entitled an Act to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to provide that persons who are employed or who become employed by a certain county school system shall be members of the Teachers Retirement System of Georgia and shall not be or continue to be members of a local retirement fund; to provide that members of a certain local retirement fund shall be transferred to the Teachers Retirement System of Georgia; to provide for payments, conditions, and requirements relative thereto; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, is amended by ad ding at the end thereof a new Code Section 47-3-67 to read as follows:
"47-3-67. (a) As used in this Code section, the term:
(1) 'Continuous service' means active continuous employment in the county school sys tem interrupted only by a leave duly authorized and granted by the county school system.
(2) 'County' means any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
(3) 'County school system' means the local school system of a county.
(4) 'Local retirement fund' means a local retirement fund covering teachers employed by a county school system.
(5) 'Teacher' means any teacher as defined by paragraph (28) of Code Section 47-3-1 who is employed by a county school system.
(6) 'Transferred teacher' means a teacher who is transferred from membership in a local

TUESDAY, MARCH 1, 1988

1571

retirement fund to membership in the Teachers Retirement System of Georgia by subsec tion (c) of this Code section.
(b) Any teacher who becomes employed by a county school system on or after July 1, 1988, shall become a member of the retirement system as a condition of employment, and such teacher shall not be eligible for membership in a local retirement fund.
(c) Effective on July 1, 1988, all teachers who are actively employed by a county school system on that date and who were so employed prior to that date and who are enrolled on that date under the local retirement fund in a retirement plan with an effective date on or after April 1, 1962, shall be transferred to and become members of the Teachers Retirement System of Georgia and, subject to the provisions of subsection (d) of this Code section, shall cease to be members of the local retirement fund, except that any such teacher who has previously retired from the Teachers Retirement System of Georgia shall be excluded from such transfer. Each such transferred teacher shall receive creditable service under the Teachers Retirement System of Georgia equivalent to the creditable service the teacher had under the local retirement fund as of July 1, 1988, provided that creditable service shall not be granted for service which would not be allowable as creditable service under the Teachers Retirement System of Georgia.
(d) If the benefit which becomes payable to a transferred teacher upon the teacher's retirement or to another beneficiary of a transferred teacher is less under this retirement system than it would have been under the local retirement fund had membership in the local retirement fund continued, then the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay to the retired transferred teacher or to the other beneficiary of such a teacher an additional benefit equal to the amount by which the benefit which would be payable under the local retirement fund ex ceeds the benefit which becomes payable under this retirement system, with the benefit under this retirement system being computed for purposes of this Code section as if the teacher had retired with a retirement allowance determined under Code Section 47-3-120. The calculation of the additional benefit, if any, which is to be paid by the local retirement fund under this subsection shall be based on the rights that a transferred teacher had under the local retirement fund on June 30, 1988, plus rights which would have accrued under the local retirement fund after that date only for continuous service as a teacher in the employ of the county school system; provided, however, that any change made in the local retire ment fund after that date shall not be considered in the determination of such rights. Until such time as the rate of employee contribution required of all members of the Teachers Retirement System of Georgia shall be increased, no transferred teacher who remains in the employ of the county school system shall be required to pay any greater percentage of the teacher's salary to the Teachers Retirement System of Georgia than such transferred teacher would have been required to pay to the local retirement fund had such teacher remained a member of the local retirement fund. In the event that a contribution in excess of such amount shall be required by the Teachers Retirement System of Georgia, such ex cess contribution shall be made by the county school system; provided, however, that any increase in the rate of employee contribution required of all members of the Teachers Re tirement System of Georgia after July 1, 1988, shall be paid for by the transferred teacher. The benefits payable under this subsection shall be made only if the transferred teacher shall have timely paid to the local retirement fund all amounts which such teacher would have paid to such fund, had he or she continued to be a member of such fund, less such amounts as were actually paid to the Teachers Retirement System of Georgia by or on be half of such teacher.
(e) (1) For each transferred teacher, the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay to the board of trustees the amount of employee contributions which would have been paid by the teacher to the retirement system had the teacher been a member of the retirement system during the pe riod of creditable service established pursuant to subsection (c) of this Code section, plus applicable accrued regular interest thereon, as determined by the board of trustees, to the date of payment.

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(2) The board of trustees shall make the determination of the amount to be paid to the board under paragraph (1) of this subsection and the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay the amount so determined to the board of trustees by not later than August 1, 1988.
(f) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall be empowered and shall have the duty to pay to the board of trustees an amount of employer contributions for transferred teachers (not less than zero) actuarially determined by the board of trustees under the following formula:
A = B - ((C^-D) x E)
A = Amount of employer contributions payable to the board of trustees under this subsection.
B = Unfunded accrued liability, determined as of June 30, 1988, of transferred teachers and determined on the basis of the same methods and assump tions used in preparing the regular annual actuarial evaluation, except that the value of the assets of the retirement system shall be deter mined on the greater of market value or book value of such assets, as if such transferred teachers had been members of the retirement system on June 30, 1988, less the payment made to the board of trustees pur suant to subsection (e) of this Code section.
C = Unfunded accrued liability, determined as of June 30, 1988, with the value of assets being determined on the greater of market value or book value of such assets, of the retirement system, determined without regard to any teacher in the employ of a county school system as defined in sub section (a) of this Code section.
D = The total annual earnable compensation for the fiscal year ending June 30, 1988, of members of the retirement system, plus the annual state com pensation for the fiscal year ending June 30, 1988, of members of local retirement funds other than a local retirement fund as defined in sub section (a) of this Code section.
E = The total earnable compensation for the fiscal year ending June 30, 1988, of transferred teachers.
(g) The amount determined under subsection (f) of this Code section shall be reduced by a 1986-87 retirement system funding allowance determined as follows:
(1) Determine the total amount which was intended to be withheld from the county school system for the 1986-87 fiscal year pursuant to the provisions of the 'Quality Basic Education Act' which was to be withheld for the purpose of paying the employer's portion of the cost of membership in the Teachers Retirement System of Georgia for teacher members of the local retirement fund;
(2) Subtract from the total amount determined under paragraph (1) of this subsection that portion of such amount which was actually paid to the county school system for the 1986-87 fiscal year; and
(3) The amount resulting from the calculations under paragraphs (1) and (2) of this subsection shall be the 1986-87 retirement system funding allowance.
(h) Payment of the amount determined under subsections (f) and (g) of this Code sec tion shall be made to the board of trustees in not more than 39 equal annual installments to be paid by June 30 of each year beginning on June 30, 1990, in the manner prescribed by the board of trustees; provided, however, an interest payment must be paid by June 30, 1989, and the amount of such interest payment shall be determined by the board of trustees as provided in this subsection. In addition to payment of the installments of the amount

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determined under subsections (f) and (g) of this Code section, annual interest shall be added to each payment computed on the unpaid balance of such amount at a rate equal to the average rate of return, as determined by the board of trustees, on fixed income invest ments made by the retirement system during the preceding calendar year but not to exceed 9 percent per annum. The rate of interest for the interest payment to be paid by June 30, 1989, shall be determined in the same manner and shall accrue from July 1, 1988, until the date of payment on the amount determined under subsections (f) and (g) of this Code sec tion. Beginning in 1989 for the interest payment, by May 1 of each year, the board of trust ees shall notify the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, as to the amount due by the following June 30. The amount in the notification will include the interest as computed pursuant to this subsection and shall and must be paid by the following June 30. The fiscal authority or other governing body, by whatever name des ignated, of the local retirement fund or the county school system, or both, or their succes sors in interest, shall be empowered and shall have the duty to pay this interest. The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall have the right at any time to pay the full amount of the balance then remaining under the provisions of this subsection, and, in that event, there shall be no prepayment penalty of any kind.
(i) The employer of any teachers who become members of this retirement system under this Code section and any such teachers shall have all the rights, obligations, and duties under this Code section and as provided by any other provisions of this chapter.
(j) If the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, refuse or fail to make any payment required by this Code section, it shall be the duty of the board of trustees to notify the Fiscal Division of the Department of Administrative Services and the State Board of Education of such refusal or failure; and thereupon it shall be the duty of the Fiscal Division of the Department of Administrative Services and the State Board of Education to withhold from such fiscal authority or other governing body any state appropriations or any other funds which would be allocated or allocable for educational purposes to such fiscal authority or other governing body until the Fiscal Division of the Department of Administrative Services and the State Board of Education receives authori zation from the board of trustees to release such funds. The Fiscal Division of the Depart ment of Administrative Services and the State Board of Education are authorized and di rected, upon certified request of the board of trustees, to remit to the board of trustees from such withheld funds the amount necessary to cover the amount which the fiscal authority or other governing body has refused or failed to pay to the board of trustees under this Code section. It shall be illegal for the Fiscal Division of the Department of Administrative Ser vices and the State Board of Education to pay out or release such funds, after notice from the board of trustees, until and unless compliance with this Code section is achieved. The Fiscal Division of the Department of Administrative Services and the State Board of Educa tion are authorized to release the remainder of all such withheld funds upon authorization from the board of trustees.
(k) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall make such certifications as are requested by the board of trustees to implement and effectuate this Code section.
(1) No provision of this Code section shall be construed to result in any increase in the rate of employer contributions paid by employers based on the part of the earnable compen sation of members not payable from state teachers' salary funds or from other funds of the state."
Section 2. This Act shall become effective on July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 25, 1988

SUBJECT: House Bill 704 (Substitute) (LC 7 6999S) Teachers Retirement System

As amended, this Bill would require certain teachers employed by county school sys tems in counties having a population of 550,000 or more to become members of the Teach ers Retirement System (TRS). Teachers employed on or after July 1, 1988 would be re quired to be members of the TRS. County teachers employed prior to July 1, 1988 (that were covered by a local retirement plan with an effective date on or after April 1, 1962 and that were not already retired from TRS) would be required to transfer from the local retire ment system to the TRS and obtain equivalent creditable service in the TRS. The following payments would be made on their behalf:

1. An amount paid by the managing body of the local retirement system equal to the employee contributions, plus regular interest.

2. An amount paid by the managing body of the local retirement system for employer contributions (plus interest at a maximum of nine percent per annum) paid in 39 annual installments beginning June 30, 1990. The amount of employer contributions is to be based on a formula identified in the Bill and an interest only payment is to be made June 30,1989.

The managing body of the local retirement fund would also be required to pay retired transferred teachers or other beneficiaries the amount of additional benefit payable under the local retirement fund (based on benefits available at the time of transfer) over benefits available under the TRS. The Bill also identifies steps to be taken if the local retirement system fails to make the required payments and provides that the Bill's provisions should not result in an increase in the rate of non-state funded employer contributions.

The amendments made by this substitute version of House Bill 704 are identified below:

1) Prohibits the transfer to TRS of certain local retirement system members formally allowed to transfer.

2) Clarifies provisions regarding additional benefits available under local retirement sys tems and employee contributions.

3) Revises the employer contribution payment formula and payment schedule. Also identifies a maximum interest rate.

4) Allows prepayment of the balance owed TRS at anytime without any prepayment penalty.

This is to certify that the net effect of the amendments made in this Bill would be nonfiscal as defined in the Public Retirement Systems Standards Law. The actuarial investi gation completed for (LC 7 6758S) could also apply to this Bill (LC 7 6999S).

/a/ G. W. Hogan State Auditor

TUESDAY, MARCH 1, 1988

1575

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Brnes f?orowuenn
Coverdell Crumbley Dawkins Dean Echols Edge English

Engram Fincher Foster Garner
Harris HHoawrriasrodn
Hu^ins Johnson Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th RRaagyan of 32nd
Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman Deal Gillis

Hine Hudgins McKenzie

Scott of 36th Shumake Taylor

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 862. By Representative Colbert of the 23rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.

Senator Newbill of the 56th moved that the Senate adhere to the Senate substitute to HB 862 and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 862.

The President appointed as a Conference Committee on the part of the Senate the following:

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Senators Newbill of the 56th, Deal of the 49th and Bowen of the 13th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 442. By Senators Barker of the 18th and Coleman of the 1st:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain provisions relating to ascertainment of the owners of certain motor vehicles; to prohibit the creation of certain liens; to provide for criminal penalties.
The House substitute to SB 442 was as follows:
A BILL
To be entitled an Act to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to require that certain information relative to motor vehicles removed from property be sought; to require that certain notices and information relative to such motor vehicles be given; to require that certain information and notices required to be given relative to abandoned motor vehicles shall be given by sworn statement; to require additional notices and information; to require that certain infor mation be forwarded to certain information centers; to provide for certain civil and criminal penalties when certain information and notices are not given; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-2, relating to the duty of persons removing or storing motor vehicles, which reads as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public or private property at the request of someone other than the owner or who stores any motor vehicle which has been left unattended shall seek the identity of the owner of such vehicle and shall, within 15 days of the day such vehicle became an abandoned motor vehicle, give notice in writing to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufac turer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, and the present location of such vehicle, and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in attempt to ascertain the identity of the owner of the vehicle.
(b) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within three days, by certified or registered mail, notify the owner, les sors, lessees, security interest holders, and lienholders of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(c) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its li cense and manufacturer's vehicle identification numbers, the location where such vehicle was initially left unattended by the owner, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.",

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and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public property at the re quest of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle is unknown, seek the identity of and address of the last known registered owner of such vehi cle from the law enforcement officer requesting removal of such or his agency within 72 hours of removal.
(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle is unknown, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle and any information indicating that such vehicle is a stolen motor vehicle.
(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner, if known, by certified or registered mail of the location of such motor vehicle, the fees con nected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under Chapter 11 of this title unless the owner redeems such motor vehicle within 30 days of the day such vehicle was removed.
(e) If the owner fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insur ance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn state ment, to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehi cle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the loca tion of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its li-

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cense and manufacturer's vehicle identification numbers, the location from where such vehi cle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(h) Information forwarded to the Georgia Bureau of Investigation as required by this Code section shall be placed by the bureau on the National Crime Information Center Network.
(i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recov ered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the De partment of Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees.
(1) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
Section 2. Said title is further amended by adding at the end of Code Section 40-11-3, relating to peace officers' removing vehicles, a new subsection (d) to read as follows:
"(d) (1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or no tice and if the owner is unknown:
(A) Notify the Department of Revenue and the Georgia Crime Information Center of the description of the vehicle and the location to which such motor vehicle has been re moved; and
(B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle.
(2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the mo tor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact."
Section 3. Said title is further amended by striking paragraph (2) of Code Section 4011-5, relating to lien foreclosures, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail, make a demand upon the owner for the payment of the reasona ble fees for removal and storage plus the costs of any advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be re quired if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;".
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Barker of the 18th moved that the Senate agree to the House substitute to SB 442.

TUESDAY, MARCH 1, 1988

1579

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen

Fincher Foster Garner Gillis Harris Harnson

BB! rroyman\t BCruurmtobnley
Dawkins Dean Echols Edge English

"Keungnglendfy LKaidndd
Langford McGill Olmstead Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Rav Scott of 2nd Scott of 36th
Schumake Sttaurmrb, augh,_
Tate Taylr Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman
Coverdell Deal

Engram Hine
Howard Hudgins

Johnson McKenzie
Newbill Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 442.

The following general resolution of the Senate and bills of the House, favorably re ported by the committees, were read the third time and put upon their passage:

SR 415. By Senators Harrison of the 37th, Newbill of the 56th, Ragan of the 32nd and Barnes of the 33rd:
A resolution creating the Joint Cobb County Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge Engram Fincher Foster Garner Harris Harrison Hine Howard Huggins Kennedy Kidd

Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd

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Scott of 36th Shumake Starr

Stumbaugh Tate Taylor

Turner Tyainger Walker

Those not voting were Senators:

Barnes Brannon Coleman

English Gillis Hudgins

Johnson Timmons

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1385. By Representatives Ray of the 98th, Manner of the 131st, Ramsey of the 3rd and others:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for peace of ficers to perform unattended vehicle checks on motor vehicles left unattended on a public street, road, or highway or other public property; to provide for the at tachment and filing of unattended vehicle check cards.
Senate Sponsor: Senator Harris of the 27th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Sowen *ty*ni

Engram Fincher Foster Garner
Gillis Harris Harrison

rGCrouvmre"rbdJleel,,yl Dawkins Deai Dean Echols Edge English

Hine Howard Huggms Kennedy Kidd Land McGill Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
SS,,, ccootttt ooff. 23n6dt,h Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun Coleman Hudgins

Johnson Langford McKenzie

Shumake Starr Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 1, 1988

1581

HB 1570. By Representative Crawford of the 5th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide for restricted driving permits; to provide conditions under which such per mits may be issued; to provide for revocation of such permits.
Senate Sponsor: Senator Perry of the 7th.
The Senate Committee on Transportation offered the following substitute to HB 1570:
A BILL
To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide for the jurisdiction of offenses under the "Georgia Motor Vehicle Accident Reparations Act"; to provide for restricted driving permits; to provide for applications for restricted driving permits; to provide conditions under which such permits may be issued; to provide for revocation of such permits; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by adding immediately following Code Section 33-34-12.1 two new Code sections, to be designated Code Sections 33-34-12.2 and 33-34-12.3, to read as follows:
"33-34-12.2. Any court having jurisdiction to try and dispose of traffic offenses shall have jurisdiction to try and dispose of the misdemeanor offenses provided in this chapter. Such jurisdiction shall be concurrent with the jurisdiction of any other court within the county having jurisdiction to try and dispose of such offenses.
33-34-12.3. (a) A person whose driver's license has been suspended as a result of a con viction under subsection (a), (b), or (c) of Code Section 33-34-12 may apply to the depart ment for a restricted driving permit as provided in this Code section. A person whose driver's license was surrendered to the court adjudicating the offense resulting in the sus pension may apply to the department for a restricted driving permit immediately following the conviction.
(b) Applications for restricted driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant and the applicant's employer before a person authorized to administer oaths.
(c) The department shall issue a restricted driving permit if the application indicates that refusal to issue such permit would result in the person's loss of employment and sub ject to the following conditions:
(1) The permittee may operate only a vehicle which is owned or leased by his employer;
(2) The permittee may operate the vehicle only during the hours of employment;
(3) There is in force a policy of insurance covering such vehicle or the vehicle is selfinsured by the employer; and
(4) Such other conditions as the department may require.
(d) A permit issued pursuant to this Code section shall be issued for a period of 90 days from the effective date of the suspension and shall be nonrenewable.
(e) No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a restricted driving permit in reliance on the truth of the affidavits required by this Code section.
(f) Any permittee who is convicted of violating any provision of this chapter or is con-

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victed of any other traffic offense for which the department may suspend a driver's license or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose restricted driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the depart ment. The department may impose an additional period of suspension for the conviction upon which revocation of the permit was based.
(g) Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the depart ment. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Geor gia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter.
(h) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Edge of the 28th offered the following amendment:
Amend the substitute to HB 1570 offered by the Senate Committee on Transportation by adding on page 3, a new Section 2 to read as follows:
"Section 2. Subsection (e) of Code Section 33-34-3 is amended by adding the following:
'If the policy under which the owner is an insured and which affords excess coverage contains a provision which attempts to limit such excess coverage based on the coverage provided in the operator's policy, such provision of the owner's policy shall be void and shall not act so as to limit recovery.'";
and
By renumbering Section 2 as Section 3.
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
Senator Mine of the 52nd offered the following amendment:
Amend the substitute to HB 1570 offered by the Senate Committee on Transportation by striking paragraph (3) on line 22 on page 2 and inserting in lieu thereof the following:
"(3) There is in force a policy of liability insurance covering the driver of the vehicle or the driver of the vehicle is self-insured by the employer; and".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillig Harris Hine Howard Huggins Johnson Kidd McGill Newbill

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Tysinger Walker

Coleman Harrison Hudgins Kennedy

Land Langford McKenzie

Shumake Timmons Turner

On the passage of the bill, the yeas were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 479. By Senators Turner of the 8th, Harris of the 27th, Newbill of the 56th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the definition of "eligible persons and families"; to revise the income recertification process required for multifamily rental units financed by the authority; to clarify powers of the authority relating to the issuance of mortgage credit certificates.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 816. By Representative Redding of the 50th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize doctors of optometry to use trade names in conjunction with the practice of optometry.
Senate Sponsor: Senator Kidd of the 25th.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coverdell Crumbley Dawkins Dean Echols Edge English Engram

Fincher Foster Gillis Harris Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Tysinger Walker

Voting in the negative were Senators Broun and Deal.

Those not voting were Senators:

Bowen Coleman Garner

Harrison Hine Shumake

Timmons Turner

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 1434. By Representatives Herbert of the 76th, Richardson of the 52nd, Mostiler of the 75th, Townsend of the 24th and Steinberg of the 46th:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to the parent and child rela tionship, so as to change the provisions relating to visitation rights of grandpar ents and actions related thereto.
Senate Sponsor: Senator Edge of the 28th.

Senators Peevy of the 48th and Deal of the 49th offered the following amendment:
Amend HB 1434 by adding at the end of page 4 after subsection (c) the following:
"(d) As used in this Code section, the term 'special circumstances' means those circum stances that occur through no fault of the petitioner, are not the result of time or distance, are unique to the health and welfare of the child at issue, and clearly demonstrate, as shown by the evidence, that the visitation rights provided for in this subsection are in the best interest of the child to the extent that it is better for such child to be the subject of a visitation order of the court under this subsection."

On the adoption of the amendment offered by Senators Peevy of the 48th and Deal of

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the 49th, Senator Peevy of the 48th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brannon Broun Crumbley Dawkins Deal English Fincher

Foster Gillis Mine Howard Huggins Johnson Kidd Olms tead

Peevy Phillips Ray Scott of 2nd Shumake Starr Tysinger Walker

Those voting in the negative were Senators:

Albert Baldwin Bryant Burton Coverdell Dean Echols Edge Engrain

Garner Harris Harrison Hudgins Kennedy Land Langford McGill McKenzie

Newbill Perry Ragan of 10th Ragan of 32nd Stumbaugh Tate Taylor Timmons Turner

Those not voting were Senators:

Barker Bowen

Coleman

Scott of 36th

On the adoption of the amendment, the yeas were 25, nays 27, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Brannon Bryant Burton Coverdell Crumbley Dean Edge English Engram Fincher Foster

Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Perry Ragan of 10th Ragan of 32nd Ray Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger

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Those voting in the negative were Senators:

Allgood BBarornuens Dawkins Deal

Garner Johnson Olmstead Peevy

Phillips Scott of 2nd Starr Walker

Those not voting were Senators:

Barker Bowen

Coleman Echols

Scott of 36th

On the passage of the bill, the yeas were 38, nays 13.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

HB 1025. By Representatives Cummings of the 17th, Murphy of the 18th, Clark of the 13th and others:
A bill to amend Code Section 47-4-100 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, so as to provide that a member who has 40 or more years of creditable service may elect to retire in the same manner and with the same ben efits as a member who has reached his normal retirement date.
Senate Sponsor: Senator Gillis of the 20th.

The following actuarial report, as required by law, was read by the Secretary.

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 1025 (LC 7 6515) Public School Employees Retirement System

This Bill would allow any member of the Public School Employees Retirement System (PSERS) to retire on the first day of any month following the month in which the member obtains 40 years of creditable service. These members would receive the same retirement benefits as those who retire after reaching the age of 65 (normal retirement). If enacted, this Bill would become effective July 1, 1988.

The following is a summary of the relevant findings of the actuarial investigation for this Bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

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(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$ 1,611,000

(2) The amount of annual normal cost which will result from the bill. $ 100,500

(3) The employer contribution rate currently in effect.

$ 13,330,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 13,547,500

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$

217,500

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
M G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
Broun Bryant Burton Coverdell Crumbley Dawkins
Deal Dean Echols Edge English

Engram Fincher
Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Garner

Kennedy (presiding) Land

Taylor Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1670. By Representatives Richardson of the 52nd, Workman of the 51st, Aaron of the 56th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the numbers of judges of superior courts, so as to provide for a ninth

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judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.
Senate Sponsor: Senator Burton of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olms tead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Brannon

Foster Kennedy (presiding)

Taylor Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the House were taken up for the purpose of considering the House action thereon:

HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.

Senator Perry of the 7th moved that the Senate adhere to the Senate amendment to HB 1441 and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1441.

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1589

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Gillis of the 20th, English of the 21st and Kennedy of the 4th.
HB 1440. By Representatives Rainey of the 135th, Moody of the 153rd, Watts of the 41st, Greene of the 130th, Manner of the 131st and others: A bill to amend Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties.
Senator Perry of the 7th moved that the Senate insist upon the Senate amendment to HB 1440.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1440.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others: A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.
The following general bill and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HB 1394. By Representatives Milam of the 81st and Ware of the 77th: A bill to amend Chapter 16 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of firearms dealers, so as to require firearms dealers to make reports of purchases, exchanges, or trades of used firearms to local law en forcement agencies; to provide for the time, manner, and content of such reports.
Senate Sponsor: Senator Harris of the 27th.
Senator Langford of the 35th offered the following amendment:
Amend HB 1394 by adding a new Section 2 on line 9, page 2, to read as follows:
"Section 2. No licensee licensed pursuant to this chapter shall sell or deliver any hand gun without waiting seven (7) days after the sales order is received from the buyer.";
and by renumbering the other sections accordingly;
and by adding on page 1, line 6, after "records;" the following:
"to provide for a waiting period;".

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On the adoption of the amendment, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bryant Coleman Dawkins

Engrain Kidd Langford

Scott of 2nd Tate Walker

Those voting in the negative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun Burton Coverdell Crumbley Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Johnson McGill McKenzie

Newbill Perry Phillips Ragan of 10th Ragan of 32nd Ray Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Hudgins Kennedy (presiding)

Land Olmstead

Peevy Scott of 36th

On the adoption of the amendment, the yeas were 10, nays 39, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell
Crumbley Dawkins Deal Dean

Echols Edge English Engram Foster Garner Gillis Harris Harrison Hine Johnson Kidd
Land Langford McGill McKenzie

Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh
Tate Taylor Timmons Turner

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Tysinger

Walker

Voting in the negative were Senators Fincher and Huggins.

Those not voting were Senators:

Howard Hudgins

Kennedy (presiding)

Olmstead

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others:
A resolution relative to the acquisition of certain state property in Atlanta, Fulton County, Georgia, near the World Congress Center, to provide for expan sion and a major sports complex; to provide requirement of certain guidelines for protection of the state's interest.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Langford of the 35th offered the following amendment:
Amend HR 746 by adding a new section on page 3, line 23, to read as follows:
"(10) Funding participation in the project by local governments participating shall come from revenue sources other than ad valorem taxes."

Senator Kidd of the 25th moved that HR 746 be postponed until Thursday, March 3.

Senator Scott of the 2nd moved the previous question.

On the motion offered by Senator Scott of the 2nd, which motion takes precedence, the yeas were 39, nays 3; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins

Huggins Johnson Langford McGill McKenzie Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr

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Stumbaugh Tate

Taylor Turner

Tysinger Walker

Those voting in the negative were Senators:

Garner Kidd Land

Newbill Olmstead

Peevy Perry

Those not voting were Senators:

Bowen Broun

Kennedy (presiding)

Timmons

On the adoption of the resolution, the yeas were 45, nays 7.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 163. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and Broun of the 46th:
A resolution providing for the designation of the Albert "Al" Holloway Labor Building.

The House substitute to SR 163 was as follows:

A RESOLUTION
Providing for the designation of the A.W. "Al" Holloway Labor Building; and for other purposes.
WHEREAS, Honorable A.W. "Al" Holloway will be long remembered as an unparal leled leader in this state; and
WHEREAS, Al Holloway exemplified the highest standards expected of an elected pub lic official, and his eminent reputation as a responsible leader and advocate brought honor and credit to the State of Georgia and the General Assembly of Georgia where he served in the House of Representatives in 1957-1958 and in the Senate from 1963 to 1987; and
WHEREAS, Honorable Al Holloway demonstrated a deep sense of dedication to resolv ing complex political and economic issues and contributed exceptional vision to legislative deliberations on contemporary issues; and
WHEREAS, Senator Holloway's guidance and expert authority were recognized early in his legislative career which included such influential positions as the Senate Chairman of the Industry and Labor Committee, the Transportation Committee, the Fiscal Affairs Com mittee, and the Senate Rules Committee and Vice-Chairman of the Senate Appropriations Committee; and
WHEREAS, as Chairman of the Senate Industry and Labor Committee, Senator Holloway was responsible for the passage of very important legislation affecting employers and employees throughout Georgia; and
WHEREAS, his superior talents as an articulate advocate and proficient negotiator were recognized by the legislative leaders of his day who consistently appointed him to key legislative conference committees as a Senate conferee and by former governors who se lected him as their administration floor leader; and

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WHEREAS, in 1975, Senator Holloway was elected to the prestigious position of Presi dent Pro Tempore of the Senate, reflecting the highest esteem accorded a Senator by his peers; and while he assumed this leadership role with humility, he exercised the responsibil ities of that office with utmost integrity and intensity; and
WHEREAS, in light of his dedicated service to the citizens of Georgia, it is only fitting and proper that a facility be named in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Commissioner of Labor is authorized and directed to designate the new offices of the Department of Labor located in Albany, Georgia, as the A.W. "Al" Holloway Labor Building and shall affix an appropriate plaque at the entrance of the building for such purpose.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit appropriate copies of this resolution to the wife and family of Honorable A.W. Holloway and to Honorable Joe Tanner, Commissioner of Labor.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SR 163.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols Edge Engram

Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Dean English

Harrison Kennedy (presiding)

Langford Timmons

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 163.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st and others:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to

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strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.
Senator Hudgins of the 15th moved that the Senate insist upon the Senate substitute to HB 1472.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1472.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others: A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.
The House amendment was as follows:
Amend SB 570 by adding after the word "products" on line 2 of page 3 the following: ", honeybees, or honeybee products". By adding between lines 20 and 21 of page 3 the following:
"(E) The production and keeping of honeybees and the production of honeybee products;".
By redesignating subparagraphs (E) through (I) on lines 21 through 30 of page 3 as subparagraphs (F) through (J), respectively.
Senator McGill of the 24th moved that the Senate disagree to the House amendment to SB 570.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 570.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 438. By Senators Peevy of the 48th and Deal of the 49th: A bill to amend Article 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change cer tain definitions and the use of certain terms; to revise the provisions relating to excess insurance; to provide that participation by a board of education in an in terlocal risk management agency shall not constitute a waiver of sovereign immunity.
The House substitute to SB 438 was as follows:
A BILL To be entitled an Act to amend Article 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change cer tain definitions and the use of certain terms; to revise the provisions relating to excess insur ance; to provide that participation by a board of education in an interlocal risk management

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agency shall not constitute a waiver of sovereign immunity; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, is amended by striking Code Section 20-22001, relating to definitions regarding interlocal risk management agencies, and inserting in its place a new Code Section 20-2-2001 to read as follows:
"20-2-2001. As used in this article, the term:
(1) 'Administrator' means any person who administers a group self-insurance fund other than the interlocal risk management agency.
(2) 'Board of education' or 'board' means a public board of education of any county or of any independent school system of this state.
(3) 'Commissioner' means the Commissioner of Insurance.
(4) 'General liability' means any liability for bodily injury, death, or damage to property owned by others or any other liability, except motor vehicle liability, to which a board of education or school system may be subject either directly or by reason of liability arising out of an act, error, or omission of its employee, agent, or officer in the course and scope of employment.
(5) 'Group self-insurance fund' or 'fund' means a pool of public moneys established by an interlocal risk management agency from contributions of its members in order to pool the risks of general liability, motor vehicle liability, property damage, or any combination of such risks.
(6) 'Interlocal risk management agency' or 'agency' means an association formed by boards of education by the execution of an intergovernmental contract for the development and administration of an interlocal risk management program and one or more group selfinsurance funds.
(7) 'Interlocal risk management program' means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of general liability, motor vehicle liability, or property damage, including safety engineering and other loss prevention and control techniques, and to administer one or more group selfinsurance funds, including the processing and defense of claims brought against members of the agency.
(8) 'Motor vehicle liability' means liability to which a board of education or school sys tem may be subject either directly or by reason of liability arising out of the use of a motor vehicle by its employee, agent, or officer in the course and scope of employment. Such term shall also include loss on account of property damage to motor vehicles.
(9) 'Property damage' means loss to which a board of education or school system may be subject by reason of physical damage or destruction to real or personal property owned or leased by such board of education or school system.
(10) 'School system' means any county school system or any independent school system of any municipality of this state."
Section 2. Said article is further amended by striking subsection (a) of Code Section 202-2002, relating to establishment and membership of certain interlocal risk management agencies, and inserting in its place a new subsection (a) to read as follows:
"(a) A group of boards of education may execute an intergovernmental contract among themselves to form and become members of an interlocal risk management agency. After an interlocal risk management agency has been formed, any board of education may, subject to the bylaws and requirements of such agency, become a member and, through participation in the agency, may:

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(1) Pool its general liability risks in whole or in part with those of other boards of education;
(2) Pool its motor vehicle liability risks in whole or in part with those of other boards of education;
(3) Pool its property damage risks in whole or in part with those of other boards of education; or
(4) Jointly purchase general liability, motor vehicle liability, or property damage insur ance with other boards of education participating in and belonging to the interlocal risk management agency, the participating boards of education to be coinsured under a master policy or policies with the total premium apportioned among such participants."
Section 3. Said article is further amended by striking subsection (d) of Code Section 202-2005, relating to certain certificates of authority, and inserting in its place a new subsec tion (d) to read as follows:
"(d) A fund authorized by this article may be established by an agency only if the agency has enrolled members which:
(1) For each motor vehicle liability and general liability fund shall generate an annual gross premium of not less than $300,000.00;
(2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00;
(3) For each fund which includes motor vehicle liability or general liability with prop erty damage shall generate an annual gross premium of not less than $500,000.00; or
(4) For each fund which includes motor vehicle liability, general liability, and property damage shall generate an annual gross premium of not less than $800,000.00."
Section 4. Said article is further amended by striking Code Section 20-2-2018, relating to certain excess insurance contracts, which reads as follows:
"20-2-2018. An interlocal risk management agency shall maintain at all times a contract or contracts of specific excess insurance and aggregate excess insurance in amounts which shall be determined by the Commissioner.",
and inserting in its place a new Code Section 20-2-2018 to read as follows:
"20-2-2018. (a) An interlocal risk management agency shall maintain at all times an excess loss funding program acceptable to the Commissioner. An excess loss funding pro gram may consist of excess insurance, self-funding from unobligated surplus of a fund, any combination of such excess insurance or self-funding, or any other funding program accept able to the Commissioner.
(b) The excess loss funding program of an agency shall be approved by the Commis sioner as a condition to the issuance and maintenance of a certificate of authority of any agency which establishes a fund or funds authorized pursuant to this article. An agency may be permitted to purchase excess insurance:
(1) From insurers authorized to transact business in this state; or
(2) From approved surplus lines carriers."
Section 5. Said article is further amended by striking Code Section 20-2-2020, relating to the exercise of certain authority as not constituting the provision of certain liability in surance protection, and inserting in its place a new Code Section 20-2-2020 to read as follows:
"20-2-2020. The exercise by a board of education or school system of the authority pro vided in this article shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia. The partici pation by a board of education or school system as a member of an agency authorized by

TUESDAY, MARCH 1, 1988

1597

this chapter shall not constitute the obtaining of liability insurance and no sovereign immu nity of a board of education or school system shall be waived on account of such participation."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th moved that the Senate agree to the House substitute to SB 438.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie Newbill

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Coleman English

Fincher Kennedy (presiding) Langford

Olmstead Taylor Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 438.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1528. By Representative Pettit of the 19th:
A bill to amend Code Section 44-5-145 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to eliminate the requirement that documents making anatomical gifts be signed by two witnesses.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coverdell Crumbley Deal Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun Coleman Dawkins

Dean Kennedy (presiding) Phillips Scott of 2nd

Shumake Taylor Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 472. By Senators Garner of the 30th, Crumbley of the 17th and Newbill of the 56th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that the commissioner of corrections or his designee shall be authorized to make and exe cute contracts and all other instruments necessary or convenient for the exercise of the powers and duties of the board, the commissioner, and the department.

The House substitute to SB 472 was as follows:

A BILL
To be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that the commissioner of corrections or his designee shall be authorized to make and execute con tracts and all other instruments necessary or convenient for the acquisition of professional and personal employment services and for the leasing of real property; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by striking in its entirety Code Sec tion 42-2-8, relating to additional duties of the commissioner of corrections, and inserting in lieu thereof a new Code Section 42-2-8 to read as follows:
"42-2-8. The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish, and furnish to the General Assembly and to the Governor annual reports regarding the work of the board, along with such special reports as he may consider helpful in the

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1599

administration of the penal system or as may be directed by the board. The commissioner shall perform such other duties and functions as are necessary or desirable to carry out the intent of this chapter and which he may be directed to perform by the board. The commis sioner or his designee shall be authorized to make and execute contracts and all other in struments necessary or convenient for the acquisition of professional and personal employ ment services and for the leasing of real property."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th moved that the Senate agree to the House substitute to SB 472.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
f?rannon BBn ruyutannnt, Coverdell Crumbley Deai Echols Edge English Engram

Fincher Foster Garner Gillis Harris
Harrison H,,Hoinweard, Hudgins Huggins Johnson Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry
Ragan of 10th RR,,aayg&an of 32nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Dawkins Dean

Kennedy (presiding) Phillips Scott of 2nd

Shumake Taylor Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 472.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:11 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1497. By Representatives Isakson of the 21st, Watson of the 114th, Pannell of the 122nd, Groover of the 99th, Williams of the 48th and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to pro-

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JOURNAL OF THE SENATE

vide that advertising a telephone number which when called automatically im poses a per-call charge or cost to the consumer, other than regular charges for long-distance telephone service, shall be unfair or deceptive practice unless the advertisement contains certain information.
Senate Sponsor: Senator Edge of the 28th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Brannon
fBB?ruroyrutaonl\nt Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge
GG,,.la,l.rl.lnser Harris Hudgins Huggins Kennedy

McGill Olmstead Peevy Phillips
R,,*aagyan of 32nd Scott of 2nd Shumake Turner Walker

Those not voting were Senators:

Albert Barker Bowen
*EFiinnnggcrhhasemhr FO8ter Harrison Hine

Howard Johnson Kidd
LTLaanndgrford, McKenzie Newbill Perry

Ragan of 10th Scott of 36th Starr
SrTptaut,me baugh Taylor Timmons Tysinger

On the passage of the bill, the yeas were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1674. By Representative Stephens of the 68th:
A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties at tax sales, so as to provide a date for the expiration of the redemption period for realty sold under tax execution before August 22, 1981.
Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Judiciary offered the following substitute to HB 1674:

A BILL
To be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to require certain notice for certain sales under tax executions; to provide a date for the expiration of the redemption period for realty sold under tax execution before April 22, 1981; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 1, 1988

1601

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended by striking subsection (a) of Code Section 48-4-1, relating to proce dures for sales under tax levies and executions, and inserting in its place a new subsection (a) to read as follows:
"(a) If the levy is made upon real or personal property, the property shall be advertised and sold as provided for fl. fas. and judicial sales. Sales under tax executions shall be made under the rules governing judicial sales; provided, however, that in addition to such other notice as may be required by law, in any sale under tax execution under this chapter the defendant shall be given ten days' written notice of such sale by registered mail."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 48-4-20, relating to authority of counties to buy property sold under tax executions, and inserting in its place a new subsection (c) to read as follows:
"(c) The 12 months' redemption period allowed under this chapter for the redemption of realty sold under a tax execution shall begin to run from the date of the sale; provided, however, that the redemption period for any realty sold under a tax execution before April 22, 1981, shall expire on December 31, 1988."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th offered the following amendment:
Amend the substitute to HB 1674 offered by the Senate Committee on Judiciary by adding after the word "mail" on line 23 of page 1 the following:

"to the last known address as listed in the records of the tax commissioner of said county."

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of ths bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon BBrroyuannt Burton
Coleman Crumbley Dean Echols

Fincher Foster Garner Gmis Harris HHiundegins Huggins
Kennedy McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 32nd j^ Sc co,t,t o,f 02nd, Shumake
Starr Stumbaugh Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Barker Coverdell Dawkins Deal Edge English

Engrain Harrison Howard Johnson Kidd Land Langford

McKenzie Ragan of 10th Scott of 36th Tate Taylor Timmons Tysinger

On the passage of the bill, the yeas were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1479. By Representatives Oliver of the 53rd, Martin of the 26th, Pannell of the 122nd and Dunn of the 73rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to make it unlawful to intimidate, impede, or obstruct or to endeavor to intimidate, obstruct, or impede certain judicial officers and other public officers in the carry ing out of their official duties or to injure such officers on such account.
Senate Sponsor: Senator Ragan of the 10th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Bowen Brannon
nBBrruOyrUat nI\nt Coleman Coverdell Crumbley Dawkins Deal Dean

Echols English Engram Fincher
Foster Garner
GH,,ialrlirsis Hine Hudgms Huggins Kennedy Land McGill

Newbill Olmstead Peevy Perry
Phillips Ragan of 10th
RRnaagyan of 32nd Scott of 2nd Shumake Starr Stumbaugh Turner Walker

Those not voting were Senators:

Albert EdSe Harrison Howard Johnson

Kidd Langford
. McKenzie Scott of 36th

Tate Taylor Timmons Tysinger

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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1603

HB 1540. By Representatives Smith of the 152nd, Crosby of the 150th, Dixon of the 151st, Moore of the 139th, Moody of the 153rd and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Waycross Judicial Circuit.
Senate Sponsors: Senators Ray of the 19th and Echols of the 6th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen ^rannon BBrroyuannt
Burton Coleman Coverdell
Crumbley Dawkins Deal

Dean Echols English Engram Fincher foster HGaarrnriesr
Hine Hudgins Huggins
Kennedy Kidd Land

McGill Newbill Olmstead Perry phim R fh ^ ,, 6an of,, 3,,,,2nd,
Rav Scott of 2nd Shumake
Starr Turner Walker

Those not voting were Senators:

Albert Edge Gillis Harrison Howard

Johnson Langford McKenzie Peevy Scott of 36th

Stumbaugh Tate Taylor Timmons Tysinger

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1626. By Representatives Colwell of the 4th, Foster of the 6th, Jackson of the 83rd and Greene of the 130th:
A bill to amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission generally, so as to authorize the commission to provide or perform acquisition related ser vices to or for state agencies, state authorities, and other instrumentalities of the state.
Senate Sponsor: Senator Scott of the 2nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Harris Hine Hudgins Huggins Johnson Kennedy Kidd Land McGill

Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Turner Walker

Those not voting were Senators:

Albert Bowen Garner Harrison

Howard Langford McKenzie Peevy

Scott of 36th Taylor Timmons Tysinger

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 24. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain retirement provisions affecting superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys' Council, so as to provide for membership of district attor neys' investigators in the Employees' Retirement System of Georgia.

Senate Sponsor: Senator Starr of the 44th.

The following Certification, as required by law, was read by the Secretary:

TO:
FROM: DATE: SUBJECT:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334
STATE AUDITOR'S CERTIFICATION
The Honorable Rudolph Johnson, Chairman House Retirement Committee
G.W. Hogan, State Auditor
May 20, 1987
House Bill 24S (Substitute) (LC 7 6740S) Employees' Retirement System

This Bill would require state funded district attorney investigators, appointed on or after July 1, 1988, to become members of the Employees' Retirement System (ERS). Inves tigators who were members of another publicly supported retirement or pension system or fund prior to appointment as a district attorney investigator would be given the option of

TUESDAY, MARCH 1, 1988

1605

becoming members of the ERS. Investigators joining the system under these provisions would become members of the "new" system (post July 1, 1982 membership) and would be required to notify ERS within 90 days of becoming employed of their election. The Bill provides for employee contributions to be based upon the members' state salaries and for the Department of Administrative Services to make the necessary deductions. If enacted this Bill would become effective on July 1, 1988.
This is to certify that this Bill would have a fiscal impact on the Employees' Retirement System.
/s/ G.W. Hogan State Auditor

The following actuarial report, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G.W. Hogan, State Auditor

DATE:

December 1, 1987

SUBJECT: Actuarial Investigation--House Bill 24S (Substitute) (LC 7 6740S) Employees' Retirement System

This Bill would require state funded district attorney investigators appointed on or af ter July 1, 1988, to become members of the Employees' Retirement System (ERS). Investi gators who were members of another publicly supported retirement or pension system or fund prior to appointment as a district attorney investigator would be given the option of becoming members of the ERS. Investigators joining the system under these provisions would become members of the "new" system (post July 1, 1982 membership) and would be required to notify ERS within 90 days of becoming employed of their election. The Bill provides for employee contributions to be based upon the members' state salaries and for the Department of Administrative Services to make the necessary deductions. If enacted this Bill would become effective on July 1, 1988.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will

result from the bill.

$

0

(2) The amount of annual normal cost which will result from the bill. $ 36,600

(3) The employer contribution rate currently in effect.

17.29%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

17.29%

(5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 64,400 to $ 90,170

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JOURNAL OF THE SENATE

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G.W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barries Bowen Brannon Broun Bryant Burton Coleman Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Gillis Harris Hine Huggins Johnson Kennedy Kidd Land McGill Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh
T1 nalt*oc
Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell Crumbley Engrain Harrison

Howard Hudgins Langford McKenzie

Peevy Scott of 2nd Scott of 36th Shumake

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1589. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insur ance, so as to provide that a publicly owned corporation shall have an insurable interest in the lives of any of its directors, officers, and employees.
Senate Sponsor: Senator Taylor of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Broun Bryant

TUESDAY, MARCH 1, 1988

1607

Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner

Gillis Harris Hine Hudgins Huggins Johnson Kennedy Kidd Land McGill McKenzie Newbill Olmstead

Perry Phillips Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell Harrison Howard

Langford Peevy Scott of 2nd

Scott of 36th Shumake

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1635. By Representative Lawson of the 9th:
A bill to amend Code Section 9-12-135 of the Official Code of Georgia Annotated, relating to fees for filing foreign judgments, Code Section 15-6-77, relating to fees of clerks of the superior court, and Code Section 19-13-3, relating to petitions for relief from family violence, so as to delete certain specific monetary fees, to in clude these fees in the listing of fees of clerks of the superior courts, and to incor porate those fees by reference.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bwen rannon Bgroun ,. Burton Crumbley Deaj Dean Echols Edge English

Engram Foster Garner
Harris Hine Hudgins Huggins JToh, &n6son Kennedy Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray Scott of 2nd S_ tarr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Coleman Coverdell Dawkins Fincher

Gillis Harrison Howard

Langford Scott of 36th Shumake

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1747. By Representative Ware of the 77th:
A bill to amend Code Section 33-10-2 of the Official Code of Georgia Annotated, relating to assets excluded from consideration in the determination of the finan cial condition of an insurer, so as to provide for the allowance of the use of good will under limitations imposed by rules of the Commissioner of Insurance.
Senate Sponsor: Senator Land of the 16th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen Brannon Broun BBuryrtaonnt
Coleman
Crumbley Dawkins Deal Echols Edge

English Engram Foster Garner Gilli8 Ham8 Hme Hudgins JHouhgngs'ionns
Kennedy
Kidd Land Langford McGill Newbill

Those not voting were Senators:

Olmstead Peevy Perry Phillips Ragan of 10th R of 32nd ^ 0 ,. , ,, , Ifc"ott foff 33f6thh
btumbaugh
Tate Taylor Turner Tysinger Walker

Coverdell Dean Fincher

Harrison Howard McKenzie

Shumake Starr Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

TUESDAY, MARCH 1, 1988

1609

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fish ing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses.

The Conference Committee report on HB 1597 was as follows:

The Committee of Conference on HB 1597 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1597 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Loyce W. Turner Senator, 8th District
/s/ Hugh M. Gillis Senator, 20th District
/s/ Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Howard H. Rainey Representative, 135th District
/s/ Lundsford Moody Representative, 153rd District
/s/ L. Charles Watts Representative, 41st District

Conference Committee substitute to HB 1597:

A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fishing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses; to authorize the commissioner of natural resources to adjust the fee for certain nonresident fishing or small game hunting licenses for residents of certain states which do not have certain reciprocal agreements; to provide that certain pen raised quail may be killed in certain permitted field trials; to require the wearing of certain daylight fluorescent orange material while hunting bears or accompanying a person hunting bears; to change certain provisions relating to in surance companies which can insure holders of certain wild animal licenses or permits; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding a new subsection at the end of Code Section 27-2-4, relating to honor ary hunting and fishing licenses, to be designated subsection (e), to read as follows:
"(e) The board is authorized to make and enter into agreements from time to time, with the proper authorities of various states of the United States regarding nonresident hunting and fishing license fees for persons 65 years of age or older, so as to provide honorary hunt ing and fishing licenses to be issued without charge to nonresidents 65 years of age or older where such practice is reciprocated for Georgia residents in that person's state of residence."

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JOURNAL OF THE SENATE

Section 2. Said title is further amended by striking subsection (e) of Code Section 27-25, relating to required hunter education courses, and inserting in its place a new subsection (e) to read as follows:
"(e) Those persons applying for a season nonresident hunting license may exhibit a certificate of completion of the official hunter education or hunter safety course of his state of residence if that course shall have been approved by the Board of Natural Resources. Those persons applying for a seven-day nonresident hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain a seven-day nonresident hunting license."
Section 3. Said chapter is further amended by adding a new subsection at the end of Code Section 27-2-7, relating to making and entering into agreements relating to hunting license reciprocity, to be designated subsection (d), to read as follows:
"(d) If the commissioner determines that any of the States of Alabama, Florida, North Carolina, South Carolina, and Tennessee does not have an existing reciprocal agreement governing nonresident fishing or small game hunting licenses with the State of Georgia and has a fee for a nonresident fishing or small game hunting license or its equivalent, which substantially differs from the comparable fee which Georgia charges a citizen of that contig uous state, then the commissioner, notwithstanding the fees specified in Code Section 27-223, and in order to encourage the reduction of the excessive fee or the entering into of a reciprocal agreement, shall be authorized to adjust the nonresident fishing or small game hunting license fee as applied to citizens of that contiguous state, to an amount equal to the fee a Georgia citizen is required to pay to fish or hunt in that contiguous state."
Section 4. Said title is further amended by striking subsection (d) of Code Section 27-221, relating to field and retriever trials, and inserting in its place a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of this Code section, properly marked pen raised mallard ducks and properly marked pen raised quail may be killed by any person registered as a participant in a permitted field trial."
Section 5. Said title is further amended by adding a new Code section immediately following Code Section 27-3-24, to be designated Code Section 27-3-25, to read as follows:
"27-3-25. It shall be unlawful for any person to hunt bears or for any person to accom pany another person hunting bears unless each person shall wear a total of at least 500 square inches of daylight fluorescent orange material as an outer garment. Such clothing must be worn above the waistline and may include a head covering."
Section 6. Said title is further amended by striking subsection (f) of Code Section 27-54, relating to wild animal licenses and permits generally, and inserting in its place a new subsection (f) to read as follows:
"(f) Each license or permit to import, transport, sell, transfer, or possess a wild animal which is listed in this subsection as being inherently dangerous to human beings shall be conditioned upon the licensee or permittee obtaining or arranging for, providing proof of, and maintaining in force and effect a liability insurance policy with an insurance company licensed to do business in this state, or with an unauthorized insuror if permitted by Chap ter 5 of Title 33 which covers claims for injury or damage to persons or property caused by the animal in an amount equal to $40,000.00 for each wild animal up to a maximum of $500,000.00, provided that this subsection shall not apply to federal, state, county, or munic ipal governments or their agencies. The insurance company shall notify the department at least 30 days prior to the termination of the policy by the company. The following list con tains those animals considered to be inherently dangerous to human beings:
(1) Class Mammalia:
(A) Order Marsupialia: Family Macropodidae: Genus Macropus (kangaroos)--All species;

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1611

(B) Order Primates: (i) Family Pongidae (gibbons, orang-utan, chimpanzees, siamangs, and gorillas)--All species; (ii) Family Cercopithecidae: (I) Genus Macaca (macaques)--All species; (II) Genus Papio (mandrills, drills, and baboons)--All species; (III) Theropithecus gelada (Gelada baboon); (C) Order Carnivora: (i) Family Canidae: (I) Genus Canis (wolves, jackals, and dingos); (II) Chrysocyon brachyurus (maned wolf); (III) Cuon alpinus (red dog); (IV) Lycaon pictus (African hunting dog); (ii) Family Ursidae (bears)--All species; (iii) Family Mustelidae--Gulo gulo (wolverine); (iv) Family Hyaenidae (hyenas)--All species; (v) Family Felidae: (I) Genus Leo or Panthera or Neofelis (lions, tigers, jaguars, and leopards)--All species; (II) Unica unica (snow leopard); (III) Acinonyx jubatus (cheetah); (IV) Felis concolor subspecie (Western cougar)--All subspecies of Felis concolor except coryi and cougar; (D) Order Perissodactyla: Family Rhinocerotidae (rhinoceroses)--All species; (E) Order Artiodactyla: (i) Family Suidae--Phacochoerus aethiopicus (wart hog); (ii) Family Hippopotamidae--Hippopotamus amphibius (hippopotamus); (iii) Family Bovidae: (I) Genus Taurotragus (elands)--All species; (II) Boselaphus tragocamelus (nilgais); (III) Bos sauveli (kouprey); (IV) Syncerus caffer (African buffalo); (V) Hippotragus niger (sable); (VI) Oryx gazella (gemsbok); (VII) Addax nasomaculatus (addax); (VIII) Genus Alcelaphus (hartebeests)--All species; (I)) Genus Connochaetes (gnu, wildebeest); (2) Class Reptilia: (A) Order Crocodylia: Family Crocodylidae--All species;

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(B) Order Squamata:
(i) Suborder Serpentes:
(I) Family Elapidae (cobras, coral snakes, etc.)--All species except Micrurus fulvius (Eastern coral snake);
(II) Family Viperidae (adders, vipers, etc.)--All species;
(III) Family Colubridae--All poisonous rear-fanged species (Opisthoglypis);
(IV) Family Crotalidae (pit vipers)--All species except Ancistrodon contortrix (copper head), Ancistrodon piscivorous (cottonmouth), Sistrurus miliarus (pigmy rattlesnake), Crotalus horridus (timber rattlesnake), Crotalus adamanteus (Eastern diamondback rattlesnake);
(ii) Suborder Lacertilia: Family Helodermatidae (Gila monsters and beaded liz ards)--All species;
(3) Class Osteichthyes:
(A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha): Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (pira nhas)--All species;
(B) Order Siluriformes: Family Trichomycteridae (parasitic catfishes): Genera Vandellia (candiru) and Urinophilus--All species;
(4) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water stingray)--All species;
(5) All other wild animals considered inherently dangerous to human beings as specified by regulations of the board."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Turner of the 8th moved that the Senate adopt the Conference Committee report on HB 1597.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Deal Dean Echols

Edge English Engram Foster Garner Gillis Harris Hine Huggins Johnson Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Turner Tysinger Walker

TUESDAY, MARCH 1, 1988

1613

Those not voting were Senators:

Coleman Dawkins Fincher Harrison

Howard Hudgins Kennedy (presiding) McKenzie

Shumake Starr Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1597.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 386. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and others:
A resolution creating the Head Injury Treatment and Rehabilitation Study Committee.

The Senate Committee on Human Resources offered the following substitute to SR 386:

A RESOLUTION
Creating the Head Injury Treatment and Rehabilitation Study Committee; and for other purposes.
WHEREAS, Chapter 18 of Title 31 of the Official Code of Georgia Annotated already requires that persons who are identified as being head-injured be reported to the Depart ment of Human Resources and referred to appropriate agencies for treatment and rehabili tative services; and
WHEREAS, this reporting is not yet as effective as it could be; and
WHEREAS, the state itself should be more involved in providing such services to headinjured persons; and
WHEREAS, money was appropriated for the 1987 fiscal year for a head injury coordi nator in the Department of Human Resources and soon there should be head injury caseworkers to assist in referrals and services for the head-injured; and
WHEREAS, such head-injured persons often suffer severe and incapacitating physical and emotional problems as a result of their injuries; and
WHEREAS, certain accident prevention measures could help reduce the number of persons who become head-injured; and
WHEREAS, the costs of treating and rehabilitating persons so injured are often prohib itively expensive for persons without some kind of publicly supported assistance.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Head Injury Treatment and Rehabilitation Study Committee to be composed of six mem bers of the Senate to be appointed by the President of the Senate, who shall also appoint one of those members as chairman.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the is sues mentioned above and any other issues related thereto and recommend necessary steps needed to be undertaken to address any such issues. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objec tives and purposes of this resolution. The members of the committee shall receive the al lowances authorized for legislative members of interim legislative committees but shall re ceive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommenda-

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tions, with suggestions for proposed legislation, if any, no later than January 1, 1989, at which time the committee shall stand abolished.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Bryant Burton Coleman Crumbley Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Mine Hudgins Johnson Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon roun , ,, Coverdell Dawkins Fincher

Harrison Howard
. Huggms Kennedy (presiding)

McKenzie Ragan of 10th
Shumake Timmons

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1216. By Representatives Benn of the 38th, Clark of the 13th, Greer of the 39th and others:
A bill to amend Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions regarding employee records checks for daycare centers, so as to change a definition.
Senate Sponsors: Senators Stumbaugh of the 55th and Howard of the 42nd.

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1615

The Senate Committee on Human Resources offered the following substitute to HB 1216:
A BILL
To be entitled an Act to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to change a definition; to change certain provisions relating to applicability of the "Georgia Administrative Procedure Act"; to provide for certain powers and duties of hearing officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, is amended by striking paragraph (3) of Code Section 49-5-60, relating to definitions regarding employee records checks, which reads as follows:
"(3) 'Crime' means a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-5-24, relating to aggravated battery, when the victim is a minor; a violation of Code Section 16-5-70, relating to cruelty to chil dren; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16, relating to controlled substances; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns at tempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph.",
and inserting in its place a new paragraph (3) to read as follows:
"(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contrib uting to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of Code Sec tion 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph."
Section 2. Said article is further amended by striking Code Section 49-5-73, relating to applicability of the "Georgia Administrative Procedure Act," and inserting in its place a new Code Section 49-5-73 to read as follows:
"49-5-73. A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a con tested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his discretion, consider matters in mitigation of any conviction, provided the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he will also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as

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JOURNAL OF THE SENATE

contemplated within this title. If objections are made, the hearing officer will take such objections into consideration in considering the case."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

English Engram Fincher Foster Gillis Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Edge Garner

Harris Harrison Kennedy (presiding)

McKenzie Shumake Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

The Conference Committee report on HB 1298 was as follows:

The Committee of Conference on HB 1298 recommends that both the Senate and the

TUESDAY, MARCH 1, 1988

1617

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1298 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Harrill L. Dawkins Senator, 45th District
Is/ Floyd Hudgins Senator, 15th District
M Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Tommy Chambless Representative, 133rd District
/s/ Tom Crosby, Jr. Representative, 150th District
/s/ Robert Harris Representative, 84th District

Conference Committee substitute to HB 1298:

A BILL
To be entitled an Act to amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from certain provisions of this Code section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census; to provide for the closing of the office of the clerk of superior court during inclement weather under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, is amended by adding at the end thereof a new subsection (d) and a new subsection (e) to read as follows:
"(d) In any county of this state having a population of fewer than 10,000 persons ac cording to the United States decennial census of 1980 or any future such census, the clerk of superior court may close such office for a designated lunch period if all other county offices in the county courthouse simultaneously close for a lunch period. The period of closing of the clerk's office shall coincide with the period for closing the other county offices.
(e) Nothing in this Code section shall be construed to require the office of the clerk of the superior court to be open if all other county offices are closed because of inclement weather."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on HB 1298.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Broun Bryant Burton Coleman Coverdell Crumbley

Dawkins Deal Echols English Engram Fincher

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Foster Gillis Harris Hine Howard Hudgins
Huggins Kidd Land

McGill Newbill Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray

Scott of 36th Starr Stumbaugh Tate ,,. laylor
Turner Tysinger Walker

Voting in the negative was Senator Johnson.

Those not voting were Senators:

Brannon Dean Edge Garner

Harrison Kennedy (presiding) Langford McKenzie

Scott of 2nd Shumake Timmons

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1298.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1806. By Representatives Ray of the 98th, Sherrod of the 143rd, Royal of the 144th and Carrell of the 65th:
A bill to amend Code Section 4-3-10 of the Official Code of Georgia Annotated, relating to fees for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals, so as to change such fees.
Senate Sponsor: Senator McGill of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun
Bryant Burton Coverdell Crumbley Deal Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hine
Hudgins Huggins Johnson Kidd Land McGill McKenzie

Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th
Starr Stumbaugh Tate Taylor Turner Tysinger Walker

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1619

Those not voting were Senators:

Coleman Dawkins Dean Harrison

Howard Kennedy (presiding) Langford Peevy

Scott of 2nd Shumake Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1662. By Representatives Lawler of the 20th, Cummings of the 17th and Buck of the 95th:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to make it unlawful to endanger or denigrate another person as a precondition of joining a school organization.
Senate Sponsor: Senator Tysinger of the 41st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes BBorawnennon
B^t Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

English Engrain Fincher Foster
Garner GHialrlrislg
Hine "ud*in8 Huggms Johnson KW Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips
Ragan of 10th R^agan of 32nd
Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Dawkins Harrison Howard

Kennedy (presiding) Peevy

Scott of 2nd Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1123. By Representative Richardson of the 52nd:
A bill to amend Code Section 51-1-18 of the Official Code of Georgia Annotated, relating to the tort of furnishing alcoholic beverages to minors, so as to provide

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JOURNAL OF THE SENATE

that either parent has a right of action against persons who sell or furnish alco holic beverages to certain minors. Senate Sponsor: Senator Walker of the 43rd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Those not voting were Senators:

Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Dawkins English Engram

Harrison Kennedy (presiding)

Ragan of 10th Tate

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1779. By Representatives Moore of the 139th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change references to the State Board of Postsecondary Vocational Education to the Department of Technical and Adult Education.
Senate Sponsor: Senator Barnes of the 33rd.

TUESDAY, MARCH 1, 1988

1621

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Mangum, Jr., Chairman

House Education Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 16, 1988

SUBJECT: House Bill 1779 (LC 6 6493-EC) Employees' Retirement System, Teacher's Retirement System, Public School Employees' Retirement System

This Bill would change the name of an organization identified in the provisions relating to the Employees' Retirement System, the Teacher's Retirement System and the Public School Employees' Retirement System. The name of the "State Board of Postsecondary Vocational Education" would be changed to the "Department of Technical and Adult Edu cation". If enacted, the change would become effective July 1, 1988, only if a separate act legally changing the name of the board is also adopted at the 1988 regular session of the General Assembly.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon
roun BCoruvlreatomnntan Coverdell Crumbley j)eal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Hine
Howard ^ H,,udgmi. nss J hnson Kldd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd ^S0h,cuomtt aok,fe36th ftarr u Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Baldwin Dawkins

Harrison

Kennedy (presiding)

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 409. By Senator Stumbaugh of the 55th:
A resolution directing the Senate Committee on Insurance to study the feasibility of establishing a state health insurance pool.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Hine Howard Huggins Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead

Those not voting were Senators:

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Baldwin Coleman

Harrison Hudgins

Kennedy (presiding) Walker

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, MARCH 1, 1988

1623

The following general bill and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1355. By Representatives Thompson of the 20th, Hensley of the 20th and Smyre of the 92nd:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to provide for reporting of child abuse by certain persons.
Senate Sponsor: Senator Burton of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hine Huggins Johnson Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Coverdell Harrison

Howard Hudgins Kennedy (presiding)

McKenzie Ragan of 10th

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 707. By Representative Coleman of the 118th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant the City of Helena an easement upon and under certain real property owned by the State of Georgia in Telfair County, Georgia, for the construction, operation, maintenance, repair, and improvement of certain water service facilities.
Senate Sponsor: Senator Ray of the 19th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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JOURNAL OF THE SENATE

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
^rannon ^Brroyuan" t Burton CCoolveemrdaenll Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis
2arriS SHomweard; Hudgins JKoihdndson Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Rav
Scott of 2nd Sc,,cott o,f 36th fumake ^bttuarmr baugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Dawkins Harrison

Huggins Kennedy (presiding)

Langford Tate

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 245. By Senator Broun of the 46th:
A bill to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.
The Conference Committee report on SB 245 was as follows:
The Committee of Conference on SB 245 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 245 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Paul C. Broun Senator, 46th District
/s/ Don Johnson Senator, 47th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Lawton E. Stephens Representative, 68th District
/s/ Michael L. Thurmond Representative, 67th District
/s/ Louie M. Clark Representative, 13th District

TUESDAY, MARCH 1, 1988

1625

Conference Committee substitute to SB 245:
A BILL
To be entitled an Act to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of the members; to provide for application of the county policy on minority participation; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members; to provide for filling vacancies; to provide for removal of mem bers; to provide for the appointment and compensation of an executive director, treasurer, and other administrative officers and employees of the authority; to provide that no member or officer or employee of the authority shall have any financial dealings with the authority; to provide that any member or officer or employee having financial dealings with the author ity shall be subject to removal; to provide for the powers of the authority; to define the types of activity in which the authority is prohibited from engaging, and otherwise to re strict the powers of the authority; to provide for the execution of contracts, leases, and other legal documents; to provide for the issuance and validation of revenue bonds; to provide for the location of the authority; to provide for the replacement of lost or mutilated bonds; to provide that such bonds may be secured by a trust indenture; to provide for additional powers relative to the issuance of revenue bonds and the security for such bonds; to provide for the protection of interests of bondholders; to exempt the bonds and interest therefrom from taxation; to provide that such bonds may be used as lawful deposits of securities for public officers; to provide that the property of the authority shall be deemed to be public property; to provide for the transfer of airports and related facilities from municipalities and counties to the authority; to provide that conveyances and transfers shall be accom plished so as to protect the interests of bondholders and others affected thereby; to provide that airports acquired by the authority shall be subject to the control of the authority; to provide that the powers of the authority shall be limited to airports; to provide that the funds of the authority shall be used only for airports; to provide for publication of financial data; to provide for fire and emergency medical protection; to provide for maintenance of roads, taxiways, and runways; to provide for transfer of federal funds; to provide for immu nity from liability; to provide for immunity from taxation; to provide for rights of personnel; to provide for dissolution; to provide for lease of certain lands; to provide for service of process; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Creation of authority. There is created the Clarke County Airport Authority which is hereinafter referred to in this Act as the "authority." The authority created shall be an instrumentality and political subdivision of the State of Georgia and a public corpora tion. The authority may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity only as hereinafter set out. The authority may exercise the powers set out in this Act at any place within Clarke County and any contiguous land outside the county which is used for airport purposes as provided in this Act.
Section 2. Determination of need for the authority. It is determined and declared that the present and projected rapid growth in commercial and private air traffic in the Clarke County area, the need for adequate airports to serve safely and efficiently the air transporta tion needs of the state, Clarke County, and the metropolitan areas in Clarke County, the need to eliminate airport hazards, the need to raise large amounts of capital for the estab lishment, operation, and maintenance of present and future airports, and the need to coor dinate the operation of various airports within certain metropolitan areas of the state neces sitates the creation of an airport authority for the present and future operation of Clarke County's airport facilities and aviation business. It is further determined and declared that

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the establishment of such authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the entire state and to ensure the proper economic develop ment of the entire state.
Section 3. Declaration of purposes. The purposes and objectives of this Act and the authority created hereunder shall be to meet the needs and requirements recognized in Sec tion 2 of this Act through the establishment, maintenance, and operation of unified and coordinated airport systems in the Clarke County area, to ensure the orderly and proper use and growth of public airports; to ensure that the maximum public benefit is obtained from any public airports presently in existence and from any future airports; to ensure proper planning and establishment of airports needed in the future; to ensure the maximum partic ipation of this state in national and international programs of air transportation; to promote public transportation and commerce; and all of this to the end of providing the most effec tive and economical use of public airports for the public welfare, safety, and convenience.
Section 4. Definitions. As used in this Act, unless the context in which they are used required otherwise, the following terms shall have the following meanings:
(1) The term "airport" means:
(A) Any area of land or water or any structure which is or has been used, or which the authority may plan to use, for the landing and taking off of commercial, private, and mili tary aircraft, including helicopters; and all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land or water area or structure;
(B) Facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmen tal agencies, parking of automobiles, and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private and military aircraft; and
(C) All buildings, equipment, facilities, and other property and improvements of any kind or nature located outside the bounds of any such land or water area or structure which is or has been used or which the authority plans to use for the landing and taking off of commercial, private, and military aircraft which are necessary for the safe operation of air craft, including without limitation, aviation easements and other real or personal property.
(2) The term "airport hazard" means any structure, terrain, or object of natural growth, or use thereof, which obstructs the airspace required for the flight, landing, or taking off of aircraft to or from an airport, or any other thing that is hazardous to the flight, landing, or taking off of aircraft to or from an airport.
(3) The term "county" means Clarke County.
Section 5. Authority; membership, (a) The authority shall be composed of six members who shall be residents and qualified voters of Clarke County. At least one of the six mem bers shall reside within five miles of the airport. The term of office of each member shall begin on the first day of January of each year. All members of the authority shall be ap pointed by the governing authority of Clarke County for a term of four years and until their qualified successors are duly appointed. Two members of said authority shall initially be appointed for a term of one year. One member of said authority shall initially be appointed for a term of two years. One member of said authority shall initially be appointed for a term of three years. The remaining two members of said authority shall be appointed for a term of four years. Thereafter, each member shall serve for a term of four years. All members of the said authority shall serve without compensation. Any members of the said authority otherwise qualified shall be eligible for reappointment unless such member has served for two consecutive four-year terms in which case said member shall not be eligible for reap pointment until after a period of one year's absence from authority membership.
(b) The county administrator of Clarke County, Georgia, shall serve as a nonvoting ex-

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officio member of the authority for the purpose of assisting in the coordination of activities between the authority and the Board of Commissioners of Clarke County.
(c) The policy pertaining to minority business participation applicable to the Board of Commissioners and departments of Clarke County shall also be applicable in like force and effect to the members and employees of the authority.
Section 6. Election of officers, quorum, bylaws, procedures, and meetings. After the ap pointment of all members, the full membership of the authority shall meet as soon as prac ticable and shall elect one of its members as chairman and one as vice-chairman, each of whom shall serve in such position until the first meeting in January of the succeeding year and until his successor is elected. Thereafter, a chairman and a vice-chairman shall be elected in the same manner in January of each year to serve for the succeeding year and until their successors are elected. The chairman shall preside at meetings of the authority and the vice-chairman shall preside in his absence, and they shall have such other powers, duties, and responsibilities as are set out elsewhere in this Act and in the bylaws of the authority. The authority shall also designate a secretary to keep the minutes and records of the authority. Four members of the authority shall constitute a quorum for the purpose of transacting business, nevertheless, at least four affirmative votes of the membership shall be required for the approval of any matter or the exercise of any of the powers of the authority. The authority shall, as soon as practicable, adopt its own bylaws, rules of procedure, and rules of conduct of its business. The authority shall meet at least once a month and at such other times as it may deem necessary.
Section 7. Compensation of members. The members shall receive no compensation but shall be reimbursed from the funds of the authority for reasonable and necessary expenses incurred in pursuing the business of the authority.
Section 8. Vacancies in authority. Should an appointed member vacate his office either by resignation, death, change of residence, or removal as provided in Section 9 of this Act or for any other reason, the governing authority of the county shall, as soon as practicable, appoint another qualified person to serve as a member of the authority for the unexpired term.
Section 9. Removal of members. Any member may be removed from office for good cause affecting his ability to perform his duties as a member, for misfeasance, malfeasance, or nonfeasance in office, or for violating the conflict of interests provisions of this Act, by vote of three of the other members, but only after a public hearing at which such member is given the right to present evidence in his own behalf and only upon a finding by three of the other members that good cause for removal affecting the member's ability to perform his duties as a member exists, that he was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he violated the conflict of interest provisions of this Act. Any member who fails to attend three consecutive regular meetings of the authority shall automatically by reason of such fact cease to be a member of the authority. However, such person shall be eligible for reappointment to the authority upon a showing of good cause for failure to at tend such meetings.
Section 10. Executive director, treasurer, and other administrative officers and employ ees. The authority may appoint and fix the compensation of an executive director, under such terms and conditions as it deems appropriate. The executive director shall be the chief executive and operating officer of the authority. Under the supervision of the authority, the executive director shall be responsible for the operation, management, and promotion of all activities with which the authority is charged under this Act, together with such other du ties as may be prescribed by the authority. The executive director shall have such powers as are necessarily incident to the performance of the duties of the office and such others as may be granted by the authority. Additionally, the authority may in a like manner appoint and fix the compensation of a treasurer who shall have custody of all moneys, funds, notes, bonds, and other securities as the authority may prescribe. The authority may also author ize and employ such other administrative officers and employees under such terms and con ditions as it shall consider necessary and appropriate to effectuate its purposes under this

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Act. The county administrator of Clarke County, or the designee of the county administra tor, shall be authorized to serve as a purchasing agent or officer for the authority for sup plies, materials, equipment, or other items of property on such terms as deemed appropriate by the authority and the Board of Commissioners of Clarke County, Georgia.
Section 11. Conflicts of interest. No member of the authority or officer or employee thereof shall have a financial interest, direct or indirect, in any contract with the authority, or be financially interested, directly or indirectly, in the sale to the authority of any lands, material, supplies, or services, except on behalf of the authority as a member, officer, or employee thereof. Any violation of this provision by a member of this authority shall be grounds for removal pursuant to Section 9 of this Act. Any violation of this provision by the executive director or any officer or employee of the authority shall be grounds for removal by the authority.
Section 12. Powers of the authority, (a) The authority shall possess, subject to the con ditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act:
(1) To adopt a seal to be used for the authentication of legal documents, obligations, contracts, and other instruments and to alter same at its pleasure;
(2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, sell, use, and dispose of real and personal property of every kind and character or any interest therein;
(3) To request the county to exercise the power of eminent domain to acquire any pri vate real property or any rights or interests therein including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power and to pay for such acquisition with its own funds;
(4) To appoint, select, and contract for the services of engineers, architects, building contractors, accountants and other fiscal agents, attorneys, and such other persons, firms, or corporations as are necessary to accomplish the purposes of this Act, for such fees or com pensation and under such terms and conditions as it deems appropriate;
(5) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under its control under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, pro mulgate any orders, set any tolls, fees, or other charges for the use of its property or services and collect and use same as necessary to operate the airports under its control and to ac complish any purposes of this Act; and to make any purchases or sales necessary for such purposes;
(6) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers and other commercial interests located at any airport under its control under such terms and conditions as it may prescribe including, if desirable, exclusive rights, franchises, or concessions;
(7) To adopt and enforce reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of airports and related facilities under its control; to provide its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers in connection with the county; and to prescribe reasonable penalties for the breach of any rule or regulation. All such rules, regulations, or orders shall become effective upon approval by the authority and after publication of a notice containing a substantive statement of the rules and regulations and the penalties for violation thereof in a newspaper of general circulation of all counties in which such rules and regulations are to be applied. The notice shall state that the breach of any such rule or regulation will subject the violator

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to a penalty, shall state the penalty, and shall state that the full text of all rules and regula tions shall be maintained in the principal office of the authority where same will be open to public inspection and perusal. All rules and regulations shall in fact be so maintained. Said rules and regulations, when promulgated as provided herein shall be judicially recognized by and enforceable in the court having jurisdiction over the offense and located in the county in which the violation occurs;
(8) To provide its own fire and emergency medical protection and crash and rescue services or to arrange for such services in connection with any federal, state, municipal, or county agency or any private firm in the business of providing such services;
(9) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in aid of airports under its control and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source;
(10) To enter into agreements with the state, any subdivision thereof, or any county or municipality or the federal government or any agency thereof to use in the performance of its functions the facilities or the services of the state or such subdivision or such county or municipality or the federal government or any agency thereof in order to accomplish the purposes of this Act;
(11) To borrow money to accomplish its purposes and execute evidences of indebted ness therefor and secure such indebtedness in such manner as the authority may provide by its resolution authorizing such indebtedness to be incurred; provided that the authority shall not pledge to the payment of such indebtedness revenue pledged to the payment of any other indebtedness then outstanding or encumber property in violation of the terms of any existing contract, agreement, or trust indenture securing existing indebtedness;
(12) To issue negotiable bonds, including revenue and refunding bonds, under such terms and conditions as it deems appropriate and to provide for the payment of same and for the rights of the holders therefor;
(13) To sell, lease, or otherwise dispose of surplus personal property and to sell, lease, or otherwise dispose of land and any improvements thereon owned by the authority which the authority may determine is no longer required to accomplish the purposes of this Act, in cluding property which is suitable for industrial development. Any such property shall be sold, leased, or otherwise disposed of pursuant to the same procedures and requirements as provided for by state law for the sale or disposal of county owned property. The proceeds of any such sale may be used by the authority to accomplish any of the purposes of this Act;
(14) To determine what usage may be made of airports and to determine what classes of aircraft may use particular airports in order to derive the maximum public benefit from all airports;
(15) To exercise each and every power that any county could exercise, under laws ex isting at the time this Act becomes law, over airports owned or operated by any county;
(16) To enter into contracts, leases, or other agreements with federally certificated air carriers, other commercial air carriers, and other commercial users of its airports for the use of such airports under such terms and conditions as it deems appropriate and for such charges, rentals, and fees as it deems appropriate;
(17) To enter into such agreement with any municipality or the county presently oper ating airports of which the authority may subsequently assume control with respect to the manner of transfer of airport employees from any municipality or the county to the author ity as the authority deems necessary and appropriate, or to contract with such governmental agency for the continued services of such officers and employees on such terms as are deemed to be appropriate;
(18) To establish a plan of civil service for officers and employees of the authority or to provide by resolution that such officers and employees of the authority shall be covered

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under any state, county, or municipal civil service plan which is available to such employees under the laws of the state or any county or municipality; and
(19) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees of the authority or to provide by resolution that such officers and employees shall be covered under any state, county, or municipal plan available to them under the laws of the state or any county or municipality.
(b) Notwithstanding any other provision of this Act to the contrary, the authority shall not:
(1) Own or maintain aircraft or perform maintenance on aircraft owned by others;
(2) Engage in flight instruction, flight charter, or other aircraft for hire business; or
(3) Perform maintenance on radios, propellers, or other aircraft accessories.
Section 13. Execution of contracts, leases, and other legal instruments. Any and all con tracts, leases, obligations, agreements, and other legal instruments of the authority shall be approved by resolution of the authority and shall be executed by those individuals desig nated in such resolution or, in the absence of such designation, by the chairman or vicechairman. Nothing in this provision shall prohibit general resolutions authorizing the execu tive director or other officers, agents, or employees to execute such contracts, leases, or other legal documents as the authority may prescribe.
Section 14. Revenue bonds. The authority shall have the power and is authorized, at one time or from time to time as it deems necessary to accomplish the purpose of this Act, to issue revenue bonds pursuant to the "Revenue Bond Law," Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The authority is determined to be a "governmental body" within the meaning of that law and is authorized to utilize any and all procedures set out herein, and to exercise any and all powers of a "governmental body" thereunder. The members of the authority shall constitute the "governing body" as that term is used therein. Nothing in this section shall be construed so as to limit the power of the authority to issue any bonds other than under the "Revenue Bond Law" which it may legally issue pursuant to Section 12 of this Act.
Section 15. Validation of revenue bonds; location of authority. For purposes of valida tion of bonds under the "Revenue Bond Law," Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the authority shall be considered to be located in Clarke County.
Section 16. Replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds issued by it which shall be mutilated or destroyed.
Section 17. Bonds; trust indenture as security, (a) In the discretion of the authority, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the pro ceeds derived from the sale from time to time of any surplus real or personal property of the authority. The resolution providing for the issuance of such bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including cove nants setting forth the duties of the authority in relation to the acquisition of property; the construction of airports; the maintenance, operation, repair, and insurance of property; and the custody, safeguarding, and application of all moneys of the authority. Such resolution or trust indenture may also:
(1) Provide that any project shall be construed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders;
(2) Require that the security given by any contracts and by any depository of the pro-

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ceeds of the bonds or revenues or other moneys be satisfactory to such trustee or bondhold ers; or
(3) Contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued.
(b) It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such security as may be required by the au thority. Such resolution or trust indenture may set forth rights and remedies of the bond holders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such resolution or trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in connection with any such trust indenture may be treated as operating expenses of the authority.
Section 18. Revenue bonds; additional powers as to security. In addition to other pow ers granted in this Act as to the issuance of revenue bonds and security for such bonds, the authority shall have the power to enter into any financial and contractual arrangements with users of its airports, including commercial air carriers, which it deems appropriate in order to provide security to bondholders; and for such purposes the authority may also enter into joint agreements, arrangements, or trust indentures with such users and a trustee or trustees under any trust indenture authorized under Section 17 of this Act in order that funds may be procured to accomplish the purposes of this Act at the least possible cost to the authority.
Section 19. Revenue bonds; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the author ity to such an extent as to adversely affect the interests and rights of the holders of such bonds.
Section 20. Revenue bonds; exemption from taxation. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and the said bonds and the income therefrom shall be exempt from all taxation within the state.
Section 21. Bonds as legal investments for trustees and as lawful deposits of securities with public officers. Any bonds issued by the authority under the provisions of this Act are made securities in which public officers and bodies of this state, all municipalities, all mu nicipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, savings associa tions, investment companies and other persons carrying on a banking business, all adminis trators, guardians, executors, trustees and other fiduciaries, and all other persons who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.
Section 22. Property of authority deemed to be public property. It is declared that all property of the authority, held pursuant to the terms of this Act, whether real or personal, tangible or intangible, and of any kind or nature, and any income or revenue therefrom, is held for an essential public and governmental purpose, and all such property is deemed to be public property.
Section 23. Transfer of airports and related facilities from municipalities and counties to authority; public necessity. The authority may by resolution, at such times as it shall

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deem appropriate, determine what public airports within its territorial jurisdiction, as set out in Section 1 of this Act, are necessary to accomplish the purposes of this Act, and may inform the local government owning such airports of such determinations and the proper officials or officers of the local government may convey by deed all of their interest in real property and any other property making up such airports to the authority for a nominal consideration. It is declared that the conveyance of such property is necessary and essential in order to accomplish the purposes of this Act so as to secure the public welfare, safety, and convenience.
Section 24. Transfer of contracts to authority. Upon conveyance of airports to the au thority pursuant to Section 23 of this Act, all contracts, commitments, leases and other obligations of the local government formerly owning the airport in respect to such airport shall be transferred to the authority; and the authority shall stand in the place of the local government for the purposes of such contracts, commitments, leases or other obligations, subject to the provisions of Section 25 of this Act.
Section 25. Conveyances and transfers pursuant to Sections 23 and 24 to be accom plished so as to protect interests of bondholders and others affected thereby. The convey ance of airports and related facilities by local governments to the authority pursuant to Section 23 of this Act, and the transfer of contracts, commitments, leases, and any other obligations to the authority from any local government pursuant to Section 24 of this Act shall be accomplished under such terms and conditions as may be necessary to protect the interests of bondholders of any local government affected by such conveyances and transfers and other parties affected thereby. Transfers may be conditioned so as to protect such inter ests; and the authority and any local government may enter into any agreements with each other or other parties necessary to protect such interests.
Section 26. Airports subject to control of authority. All airports acquired by the author ity pursuant to this Act or acquired by the authority in any legal manner and any other property held by the authority shall be under the control of the authority and the authority shall have the right to exercise any and all of the powers set out in this Act in regard thereto.
Section 27. Powers of authority limited to airports. All of the powers, general and spe cific, granted to the authority pursuant to this Act shall be exercised only in regard to air ports. The authority shall not have the power to plan, construct, finance, operate, or main tain any facilities other than airports and related facilities. However, nothing in this Act shall be construed to prohibit the authority from cooperating with other federal, state, county, or municipal governmental agencies or public corporations in order to coordinate other types of facilities with airports under its control or purchasing, selling, exchanging, or otherwise acquiring any property from or with same.
Section 28. Funds of authority to be used only for airports. The funds of the authority, from whatever source derived, shall be used only in support of airports as defined in Section 4 of this Act, but nothing in this section shall prohibit the authority from making any and all expenditures of any kind or nature necessary to support airports.
Section 29. Fiscal year, budget, and financial reporting. The authority shall operate on the same fiscal year as is used by the governing authority of Clarke County, Georgia, and at the end of each fiscal year the authority shall furnish to the governing authority of Clarke County, Georgia, an audit of its operations for the preceding year, or in the alternative, the authority may contract with the governing authority of Clarke County to have the required audit report of its operations prepared by the accounting firm employed by the county for the preparation of the county's annual audit. The annual audit of the authority shall consti tute public information.
Section 30. Immunity from liability. The authority shall have the same immunity and exemption from liability from torts and negligent acts as the governing authority of Clarke County; and the members, officers, agents, and employees of the authority in performance of the work of the authority shall have the same immunity and exemption from liability from

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torts and negligent acts as the officers, agents, and employees of the State of Georgia when in performance of their public duties or work of the state. The authority may be sued in the same manner as private corporations on any contractual obligations of the authority.
Section 31. Taxation of the authority. The property, obligations, and interest on the obligations of the authority shall have the same immunity from taxation as the property, obligations, and interest on the obligations of Clarke County. The exemption from taxation herein provided shall not extend to tenants or lessees of the authority.
Section 32. Dissolution. In the event of dissolution of the authority, all property, real and personal, tangible and intangible, shall revert to, and be the property of the county, subject, however, to all rights and encumbrances thereon; and the county, by acceptance thereof, shall fulfill all obligations of the authority.
Section 33. Principal office of authority; service of process. The principal office of the authority shall be in Clarke County. Service of process on the authority may be had upon the executive director or other officers of the authority as in the case of private corporations incorporated or domesticated under the laws of this state.
Section 34. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 35. General repealer. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th moved that the Senate adopt the Conference Committee report on SB 245.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Dawkins

Harrison Kennedy (presiding)

Langford

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On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 245.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 402. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others:
A resolution creating the Senate State Parks System Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen rannon
gTM"t nCBou\lretomnan Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris
Hine HHouwdgai.rnda Huggins Johnson Kidd Land McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd
Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Harrison Kennedy (presiding)

Langford

McKenzie

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1333. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, so as to change the jurisdiction of said court; to provide for the method by which salaries of the judges of such courts are set.
Senate Sponsor: Senator Howard of the 42nd.

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Senator Howard of the 42nd moved that HB 1333 be postponed until Thursday, March
3.
On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 1333 was post poned until Thursday, March 3.
Serving as doctor of the day today was Dr. Robert Ollins of Atlanta, Georgia.
Senator Allgood of the 22nd moved that the Senate recess until 5:00 o'clock P.M. and at that time stand adjourned until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 3:14 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess until 5:00 o'clock P.M. and at that time stand adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, March 2, 1988
Thirty-seventh Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator English of the 21st reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1879. By Representative Dixon of the 151st: A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor; to provide that the mayor shall be elected from the city at large by plurality vote; to provide for terms and quali fications; to provide for powers and duties; to provide for elections; to provide for implementation.
HB 1899. By Representatives Pittman of the 60th and Goodwin of the 63rd: A bill to create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descrip tions of the corporate boundaries; to provide for the corporate powers of the gov ernment of the City of Norcross to be exercised by the governing authority.
HB 1900. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act creating the State Court of Clayton County, so as to add a judge to said court; to provide for the appointment, election, and term of office of said additional judge and for the election of successors to such judge; to con tinue the existing terms of the present judges of said court.
HB 1902. By Representative Ware of the 77th: A bill to provide a new charter for the City of Franklin; to provide for incorpora tion, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling va cancies, compensation, qualifications, prohibitions, and removal from office rela tive to members of such governing authority.
HB 1894. By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th: A bill to provide for a homestead exemption of $22,000.00 from all Cobb County School System ad valorem taxes, including taxes to retire bonded indebtedness of the Cobb County School System, for residents of the Cobb County School Dis-

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trict who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year; to provide for a statement of authority.
HB 1895. By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County ad valorem taxes, including taxes to retire bonded indebtedness, except ad valorem taxes for the Cobb County School System and taxes to retire bonded indebtedness of the Cobb County School System, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year.
SB 671. By Senators Harrison of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.
SB 533. By Senator Coverdell of the 40th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to provide for an alternative tax deferral for the elderly in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
SB 518. By Senators Gillis of the 20th, Ray of the 19th and Kennedy of the 4th:
A bill to amend Code Section 12-8-122 of the Official Code of Georgia Annotated, relating to the Southeast Interstate Low-Level Radioactive Waste Management Compact, so as to set forth the conditions upon which a party state may with draw from the compact without the unanimous approval of the other party states and the consent of Congress.
SB 503. By Senator Bryant of the 3rd:
A bill to amend Part 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to provide that the Board of Natural Resources may provide by rule that certain submerged cultural resources are of no economic or cultural value and may be exempt from provi sions of this part.
SB 463. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to provide periodic cost-of-living adjustments to the minimum annual salaries received by the consti tutional county officers in this state; to provide that such periodic cost-of-living adjustments to the minimum annual salaries of the constitutional county officers shall be based on cost-of-living adjustments received by employees in the classi fied service of the state merit system.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 423. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents;

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to define certain terms; to provide for the effect of personal service contracts between athletes and owners or prospective owners of professional sports teams; to provide for the registration of athlete agents.
SB 411. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to es tablish The Council of Probate Court Judges of Georgia; to provide for officers and organization; to provide for the purpose of the council; to provide for expenses.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 347. By Senators Barnes of the 33rd and Garner of the 30th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is charged with an offense against the criminal or traffic laws of this state or any ordinance of a political subdivision of this state; to provide for the submission of this amendment for ratification or rejection.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1800. By Representative Yeargin of the 14th:
A bill to amend an Act creating and incorporating the City of Comer, so as to provide for the continuation of the governing body of the city; to change certain designations and references; to provide for the election of the councilpersons of the City of Comer from council districts.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1481. By Representatives Alien of the 127th, Johnson of the 123rd, Hamilton of the 124th, Pannell of the 122nd and Triplett of the 128th: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 484. By Senator Scott of the 2nd: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to provide that it shall be unlawful for any provider of any cellular radio telecommunications services to assess or charge any fee for an emergency tele phone call placed on a "911" emergency telephone system; to provide for applicability.
SB 547. By Senator Dawkins of the 45th: A bill to amend Code Section 34-9-354 of the Official Code of Georgia Annotated, relating to the creation and appointment of the Board of Trustees of the Subse quent Injury Trust Fund, so as to provide that the executive director, rather than the secretary-treasurer, of the State Board of Workers' Compensation shall be an ex officio member of such board of trustees.

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SB 577. By Senators Johnson of the 47th, Ragan of the 10th, Kennedy of the 4th and others:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to change the definition of "project" to include certain hospitals, skilled nursing homes, and intermediate care homes; to change certain powers of such authorities.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 635. By Senator Stumbaugh of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the establishment and regulation of captive insurance companies; to provide for legislative intent; to define certain terms; to authorize the transaction of certain kinds of insurance by captive insur ance companies.
SB 575. By Senator Langford of the 35th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolutions of the Senate:
SR 264. By Senator Kidd of the 25th: A resolution creating the Joint Study Committee on Area Planning and Develop ment Commissions.
SR 350. By Senator Hine of the 52nd: A resolution proposing an amendment to the Constitution so as to authorize the creation of an Indigent Care Trust Fund and authorize contributions thereto and appropriations therefrom to expand Medicaid coverage; to provide for the sub mission of this amendment for ratification or rejection.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 599. By Senator Peevy of the 48th: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft offenses, so as to change certain provisions relating to the crime of theft by conversion to include conversion of leased personal prop erty; to repeal certain provisions relating to the offense of conversion of leased personal property.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 1160. By Representative Kilgore of the 42nd: A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes on insurance companies, so as to change the date of collection and distribution of insurance premiums taxes; to require revenues re-

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ceived by a county to be expended on services to inhabitants of the unincorpo rated areas of the county.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1371. By Representatives Smyre of the 92nd, Smith of the 152nd, Childers of the 15th, Benefield of the 72nd, Lawson of the 9th and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Commission on Children and Youth.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1411. By Representatives Dobbs of the 74th, Lane of the lllth, Hanner of the 131st and Porter of the 119th: A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, so as to change certain definitions; to provide for licensing of users of radioactive materials other than by-product, source, and spe cial nuclear materials as sources of ionizing radiation.
HB 1799. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing a new board of commissioners of Henry County, so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a countywide ba sis; to provide that such chairman shall be the chief executive officer of the county.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 1460. By Representatives Triplett of the 128th and Johnson of the 123rd: A bill to amend an Act approved March 31, 1986, which Act amended Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, so as to regulate the taking of certain species of fish, so as to delete provisions relating to the automatic repeal of certain provisions relating to certain species.
HB 1490. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd: A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide an expiration date for licenses of surplus line brokers; to provide for annual fees of agents; solicitors, brokers, counselors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annuity contracts or variable life insurance contracts.
HB 1530. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th: A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, so as to change certain fees for the services of sheriffs in civil cases.
HB 1550. By Representatives Lawson of the 9th, Jackson of the 9th and Wood of the 9th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multiyear lease, purchase, or lease purchase contracts.

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HB 1563. By Representatives Coleman of the 118th, Alford of the 57th, Crawford of the 5th, Heard of the 43rd, Carter of the 146th and others: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to hazardous waste; to revise the powers and du ties of the director of the Environmental Protection Division as to hazardous waste generally.
HB 507. By Representatives Ware of the 77th, Groover of the 99th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for and authorize preferred provider arrangements.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 708. By Representatives Pettit of the 19th, Ramsey of the 3rd, Langford of the 7th, McKelvey of the 15th, Childers of the 15th and others:
A resolution designating certain public roads and highways as the Chieftains Trail.
The House has agreed to the Senate amendment to the House substitute to the follow ing bill of the Senate:
SB 437. By Senator Peevy of the 48th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to create the State Map ping Advisory Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings.
The House has disagreed to the Senate substitutes to the following bills of the House:
HB 430. By Representatives Benn of the 38th, Thomas of the 31st, Bostick of the 138th, Brooks of the 34th, Johnson of the 123rd and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to substantially and completely revise and supersede laws dealing with discrimination in the selling, leasing, and financing of housing.
HB 776. By Representative Isakson of the 21st: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated relating to bonds and recognizances, so as to change the offenses which are baila ble only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.
HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Lord of the 107th, Edwards of the 112th and others: A bill to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

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The House has disagreed to the Senate amendment to the following bill of the House:
HB 1496. By Representatives Kilgore of the 42nd, Harris of the 84th, Watson of the 114th and Watts of the 41st: A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to operators of billiard rooms, so as to provide that the county governing authority, rather than the tax collector or tax commissioner, shall have the power to license the operation of billiard rooms in counties.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th: A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.
The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Foster of the 6th and Griffin of the 6th.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st and others: A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.
The Speaker has appointed on the part of the House, Representatives Wilson of the 20th, Crosby of the 150th and Kilgore of the 42nd.
The House insists on its position in amending the following bill of the Senate:
SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others: A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.
The House has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 245. By Senator Broun of the 46th: A bill to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define

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certain terms; to provide for the membership of the authority; to provide for the terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fish ing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 564. By Senator Kidd of the 25th: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candi date or campaign committee or for recall of a public officer; to change the provi sions relating to the campaign committee treasurer.
The following resolutions of the Senate were introduced, read the first time and re ferred to committees:
SR 461. By Senator Kidd of the 25th: A resolution creating the Health Care Certificate of Need Study Committee.
Referred to Committee on Rules.
SR 462. By Senator Barker of the 18th: A resolution relative to the Children's Trust Fund.
Referred to Committee on Children and Youth.
SR 463. By Senator Barker of the 18th: A resolution relative to passage of the Young Americans Act of 1987.
Referred to Committee on Children and Youth.
SR 469. By Senators Foster of the 50th and Deal of the 49th: A resolution urging the Governor's task force to review program weights under the Quality Basic Education Formula to review the need for certain essential counseling services.
Referred to Committee on Education.
SR 470. By Senator Barker of the 18th: A resolution relative to the Children and Youth Economic Development Study Committee created by the Southern Legislators Conference on Children and Youth.
Referred to Committee on Children and Youth.

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SR 471. By Senator Howard of the 42nd:
A resolution creating the Senate Study Committee on Small Business En trepreneurial Assistance for the Low-Income. Referred to Committee on Industry and Labor.
The following bills of the House were read the first time and referred to committee:
HB 1879. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor; to provide that the mayor shall be elected from the city at large by plurality vote; to provide for terms and quali fications; to provide for powers and duties; to provide for elections; to provide for implementation. Referred to Committee on Urban and County Affairs.
HB 1894. By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County School System ad valorem taxes, including taxes to retire bonded indebtedness of the Cobb County School System, for residents of the Cobb County School Dis trict who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year; to provide for a statement of authority. Referred to Committee on Urban and County Affairs.
HB 1895. By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County ad valorem taxes, including taxes to retire bonded indebtedness, except ad valorem taxes for the Cobb County School System and taxes to retire bonded indebtedness of the Cobb County School System, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year. Referred to Committee on Urban and County Affairs.
HB 1899. By Representatives Pittman of the 60th and Goodwin of the 63rd:
A bill to create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descrip tions of the corporate boundaries; to provide for the corporate powers of the gov ernment of the City of Norcross to be exercised by the governing authority. Referred to Committee on Urban and County Affairs.
HB 1900. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to add a judge to said court; to provide for the appointment, election, and term of office of said additional judge and for the election of successors to such judge; to con tinue the existing terms of the present judges of said court. Referred to Committee on Urban and County Affairs.
HB 1902. By Representative Ware of the 77th:
A bill to provide a new charter for the City of Franklin; to provide for incorpora tion, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling va-

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cancies, compensation, qualifications, prohibitions, and removal from office rela tive to members of such governing authority.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Children and Youth has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 447. Do pass. SR 448. Do pass.

SR 449. Do pass. HB 1752. Do pass by substitute.

Respectfully submitted,

Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 503. Do pass. HB 1349. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1348. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 410. Do pass. HB 1243. Do pass by substitute. HB 1362. Do pass.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills

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of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 1364. Do pass. HB 1438. Do pass by substitute.
Respectfully submitted, Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills and resolu tion of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1292. Do pass by substitute. HB 1549. Do pass by substitute.

HB 1647. Do pass by substitute. HR 16. Do pass by substitute.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1529. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 438. Do pass. HB 1336. Do pass. HB 1851. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1794. Do pass by substitute. HB 1611. Do pass by substitute.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

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1647

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 353. Do pass. SR 439. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1263. Do pass by substitute. HB 1431. Do pass by substitute.

HB 1701. Do pass by substitute. HB 878. Do pass by substitute.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 430. Do pass. SR 443. Do pass. HB 1678. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1781. Do pass by substitute.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1872. Do pass as amended.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1634. Do pass by substitute.

HB 1880. Do pass.

HB 1646. Do pass by substitute.

HB 1884. Do pass.

HB 1664. Do pass.

HB 1885. Do pass as amended.

HB 1686. Do pass.

HB 1887. Do pass.

HB 1721. Do pass by substitute.

HB 1889. Do pass.

HB 1831. Do pass.

SR 442. Do pass.

HB 1866. Do pass.

Respectfully submitted, Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SR 353. By Senators Gillis of the 20th, Kennedy of the 4th, Dean of the 31st and others: A resolution creating the Senate State Offices and Facilities Study Committee.

SR 410. By Senator Harrison of the 37th: A resolution creating the Organ Donor and Procurement Study Committee.

SR 430. By Senator Fincher of the 54th: A resolution designating the William A. Ridley Bridge.

SR 438. By Senators McKenzie of the 14th, Gillis of the 20th, English of the 21st and others:
A resolution creating the Senate Solid Waste Management Study Committee.

SR 439. By Senator Dean of the 31st:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.

SR 442. By Senator Foster of the 50th:
A resolution urging the Commissioner of Agriculture to lease certain state owned real property located in Rabun County, Georgia, to the Board of Commissioners of Rabun County.

SR 443. By Senators Coleman of the 1st, Bryant of the 3rd and Kennedy of the 4th: A resolution creating the Senate Transportation Study Committee.

SR 447. By Senators Barker of the 18th, Hudgins of the 15th, Newbill of the 56th and others:
A resolution urging the presidential candidates to identify and communicate their position on critical issues facing children and youth.

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1649

SR 448. By Senators Hudgins of the 15th and Barker of the 18th:
A resolution relative to the Georgia Children and Youth Commission.
SR 449. By Senators Hudgins of the 15th and Barker of the 18th:
A resolution relative to a Georgia Children's Services Inventory.
HB 503. By Representatives Brown of the 88th, Martin of the 26th, White of the 132nd and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for comprehensive regula tion of the disclosure to state employees of known and suspected health hazards of hazardous chemicals and substances; to provide for a short title.
HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd and others:
A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsi bility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capac ity to appreciate the wrongfulness of the conduct.
HB 1243. By Representative Edwards of the 112th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic by allowing chiropractors to utilize nutrition.
HB 1263. By Representatives Colbert of the 23rd, Jackson of the 9th, Davis of the 45th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for traffic offenses, so as to provide that the driver of a motor vehicle who leaves the scene of an accident resulting in per sonal injury to or the death of a person shall be guilty of a felony.
HB 1292. By Representative Prichard of the 8th:
A bill to amend Code Section 24-10-25 of the Official Code of Georgia Annotated, relating to enforcement of subpoenas, so as to provide that subpoenas may be enforced by attachment for contempt as provided in paragraph (5) of Code Sec tion 15-6-8.
HB 1336. By Representatives Patten of the 149th and Long of the 142nd:
A bill to amend Code Section 12-5-123 of the Official Code of Georgia Annotated, relating to the creation of the State Water Well Standards Advisory Council, so as to provide that the Attorney General shall provide legal services for the State Water Well Standards Advisory Council.
HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

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HB 1349. By Representatives Childers of the 15th, Pannell of the 122nd, Hooks of the 116th, Richardson of the 52nd and others:
A bill to exercise the authority of the General Assembly under Chapter 2 of Title 43 of the Official Code of Georgia Annotated, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," so as to amend Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
HB 1362. By Representative Cox of the 141st:
A bill to amend Code Section 45-16-21 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Post-mortem Examination Act," so as to change the definition of the term "medical examiner".
HB 1364. By Representatives Walker of the 85th and Brown of the 88th:
A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," so as to change the provisions re lating to liability insurance.
HB 1431. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, so as to make it a felony if the damage to certain property is greater than $500.00.
HB 1438. By Representatives Thomas of the 69th, Robinson of the 96th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to change a reference to appeals from decisions of the State Board of Workers' Compensation.
HB 1529. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement of counties for expenses of capital felony prosecutions, so as to change the definition of the term "county revenue"; to change the provisions relating to the basis for reimbursement of counties for cap ital felony expenses.
HB 1549. By Representatives Jackson of the 83rd, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Harris of the 84th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for dental students; to except acts of willful or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected.
HB 1611. By Representatives Moody of the 153rd and Rainey of the 135th:
A bill to amend Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, so as to change certain provisions regard ing limits applicable to American shad or Hickory shad.

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HB 1647. By Representatives Twiggs of the 4th, Peters of the 2nd, Rainey of the 135th and others:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misdemeanor violations under the "Game and Fish Code" when the defendant waives a jury trial; to provide for other matters relative thereto.
HB 1678. By Representative McKinney of the 35th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to authorize the Department of Transporta tion, any county, and any municipality to lease property to any state or federal agency, county, or municipality without meeting certain requirements.
HB 1701. By Representative Randall of the 101st:
A bill to amend Code Section 43-7A-13 of the Official Code of Georgia Anno tated, relating to requirements for licensure in marriage and family therapy, so as to provide that a law degree meets the educational requirements for licensure.
HB 1752. By Representatives Foster of the 6th, Griffin of the 6th, Oliver of the 121st and others:
A bill to amend Code Section 39-2-8 of the Official Code of Georgia Annotated, relating to the employment of certain minors during school vacation months, so as to authorize the employment of certain minors during school vacation months in the care and maintenance of lawns, gardens, and shrubbery under certain conditions.
HB 1781. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transpor tation to contract, so as to provide that persons, firms, or corporations submit ting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations.
HB 1794. By Representatives Johnson of the 123rd, Holcomb of the 72nd, Long of the 142nd and others:
A bill to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to repeal mandatory closed seasons on oysters and clams; to provide for closed seasons.
HB 1851. By Representatives Coleman of the 118th, Parham of the 105th, Parrish of the 109th and Lee of the 72nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protec tion, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare; to provide a short title.
HB 1872. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of popula tion bills.

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HR 16. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A resolution proposing an amendment to the Constitution so as to create a com mission and authorize such commission to renumber, redesignate, and rearrange articles, sections, Paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land McGill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Deal Garner

Langford McKenzie

Newbill

Honorable John C. Foster, Senator of the 50th District, served as chaplain of the day and offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 464. By Senator Barker of the 18th:
A resolution commending the Macon Youth Development Center and the Dalton Regional Youth Development Center.

SR 465. By Senator Shumake of the 39th: A resolution commending Dr. John E. Maupin, Jr.

SR 466. By Senators Kennedy of the 4th, Allgood of the 22nd, Gillis of the 20th and others:
A resolution commending Mr. Frank Edwards.

SR 467. By Senators Langford of the 35th, Hine of the 52nd, Albert of the 23rd and others:
A resolution recognizing and commending the Georgia Association of Nurse Anesthetists.

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SR 468. By Senator Langford of the 35th: A resolution commending Dr. Leroy Keith, Jr.

SR 472. By Senator Barker of the 18th: A resolution commending the Georgia Juvenile Services Association, Inc.

SR 473. By Senator Kennedy of the 4th:
A resolution commending the Effingham County High School Rebels football team.

SR 474. By Senator Kennedy of the 4th:
A resolution commending Effingham County High School Academic Decathlon Team.

SR 475. By Senator Kennedy of the 4th: A resolution commending Esther Pruett.

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
March 2, 1988 THIRTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

*HB 1634

Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Provides for urban enterprise zones in city. (Substitute)

*HB 1646

Burton, 5th Stumbaugh, 55th Tysinger, 41st Howard, 42nd Walker, 43rd DeKalb County
Provides that each resident of the DeKalb County School District who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes. (Substitute)

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HB 1664 English, 21st Jefferson County
Fixes the compensation for members of the Board of Commissioners of county and clerk of such board; provides for an expense allowance for the chairman and other members of the board.

HB 1686 Dean, 31st City of Emerson Bartow County
Provides new charter for city; provides for incorporation, boundaries, and powers.

*HB 1721

Burton, 5th Tysinger, 41st Walker, 43rd Stumbaugh, 55th Howard, 42nd DeKalb County
Provides that each resident of county who is 62 years of age or over or dis abled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemp tion from all county ad valorem taxes, except county school district taxes, in the amount of $14,000.00 of the value of the homestead of such resident.
(Substitute)

HB 1831 Echols, 6th City of Kingsland Camden County
Changes the corporate limits of the city.

HB 1866 Engram, 34th City of Fayetteville Fayette County
Provides a city charter for the city in the county; changes corporate limits of city.

HB 1880 Johnson, 47th City of Talmo Jackson County
Re-incorporates and continues the Town of Talmo in Jackson County and provides for its boundaries and powers.

HB 1884 Huggins, 53rd Chattooga County
Changes provisions relating to compensation of the judge and solicitor of State Court.

*HB 1885

Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County
Changes compensation of the judges of the State Court. (Amendment)

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HB 1887 Starr, 44th Crumbley, 17th Clayton County
Provides that the Board of Education shall consist of no more than 11 mem bers.
HB 1889 Starr, 44th Crumbley, 17th City of Jonesboro Clayton County
Changes the terms of office of mayor and councilman; provides for election of mayor and councilmen; changes date of election.
The substitutes to the following bills were put upon their adoption:
*HB 1634:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1634:
A BILL
To be entitled an Act to provide for urban enterprise zones in the City of Atlanta; to provide a short title; to provide for findings, purposes, and intent; to provide for definitions; to provide for the creation of certain zones and for ad valorem property tax exemptions upon certain inventories and real property located therein; to provide criteria for the crea tion of zones; to provide for ad valorem property tax exemptions for taxation for city and county purposes; to provide for what property may be exempt and the conditions thereof; to provide for amount and expiration of exemptions; to provide for abolition and decrease in size of zones; to limit the creation of additional zones and additional exemptions; to provide when zones and exemptions become effective; to provide for determination of eligibility for exemptions and for appeals thereof; to provide for tax digests and annual reports; to provide for all matters relative to the foregoing; to provide for effect on certain prior laws, ordi nances, resolutions, or actions; to provide for the specific repeal of certain local Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Atlanta Urban Enterprise Zone Act."
Section 2. It is found and declared that economically and socially depressed areas exist within the City of Atlanta and that these areas contribute to or cause unemployment, create an inordinate demand for public services, and, in general, have a deleterious effect on the public health, safety, welfare, and morals. It is further found that these areas are commonly characterized by no investment or underinvestment by private enterprise in ventures which produce housing units, jobs, trade, provision of services, and other economic activities which individually and together contribute to a healthy society. This lack of private investment, economic activity, and housing activity contributes materially to social and economic de pression in such areas. Therefore, it is in the public interest that incentives be provided to private enterprise to invest in such areas by developing housing units, creating jobs and trade, providing services, and by other economic activities. It is the purpose of this Act, therefore, to grant special powers of tax abatement to the City of Atlanta to provide such incentives. It is the intention of the General Assembly that this Act be liberally construed to carry out such purpose.
Section 3. As used in this Act, the term:
(1) "Ad valorem property taxes" means all ad valorem taxes levied by the city or county

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for city or county purposes, respectively, except those ad valorem property taxes levied to pay bonded indebtedness.
(2) "Board of commissioners" means the board of commissioners of Fulton County.
(3) "City" means the City of Atlanta.
(4) "City council" means the council which is the legislative body of the City of Atlanta.
(5) "City purposes" means purposes of the city including, but not limited to, school and educational purposes.
(6) "Commercial purposes" means property used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, central business district, or other commercial or business use which does not include residential use.
(7) "Conversion" means the creation of new dwelling units from property previously nonresidential.
(8) "County" means Fulton County.
(9) "County purposes" means purposes of the county but including neither school nor educational purposes.
(10) "Finished goods" means goods, wares, and merchandise of every character and kind, but shall not include unrecovered, unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production, or the stock-in-trade of a retailer.
(11) "Historic multifamily structure" means a structure which has historically been used principally for multifamily residential purposes.
(12) "Industrial purposes" means property used for industrial purposes exclusive of commercial purposes and residential purposes.
(13) "Inventories" means property described in subsection (a) of Section 7 which may be exempt from ad valorem property taxes.
(14) "MARTA station" means Metropolitan Atlanta Rapid Transit Authority station.
(15) "Raw materials" means any material, whether crude or processed, that can be con verted by manufacture, processing, or combination into a new and useful product but shall not include unrecovered, unextracted, or unsevered natural resources.
(16) "Real property" means land and improvements thereon.
(17) "Residential purposes" means improvements to property undertaken to provide single-family or multifamily dwelling units for rent or sale; such purposes to include new construction, conversion, or rehabilitation.
(18) "Taxable property" means real or personal property subject to ad valorem prop erty taxes.
(19) "Taxable value" means the net taxable assessed value of property as shown on the tax digest of Fulton County as adjusted and equalized by the state revenue commissioner pursuant to Code Section 48-5-271 of the O.C.G.A., requiring the examination of tax digests for determining uniformity of valuation.
Section 4. (a) As provided in this Act, the city council by ordinance may create urban enterprise zones within the corporate limits of the city, within which zones:
(1) Inventories of certain goods may be exempted from ad valorem taxation for city and county purposes for the taxable value of those inventories;
(2) Taxable real property may be exempted from ad valorem taxation for city and county purposes for the taxable value of that real property; or
(3) Property may be exempted under subsections (a) and (b) of this section.

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(b) The ordinance creating a zone or exempting additional property from taxation within an existing zone shall specify whether inventories, real property, or both are to be exempted from ad valorem taxation under this Act and shall further specify the types of inventories to be exempt under subsection (a) of Section 7.
(c) Urban enterprise zones may be created for commercial and industrial purposes or for residential purposes. If the zone is for residential purposes, only real property or im provements thereon may be exempted, as provided in paragraph (2) of subsection (a) of this section and subsection (b) of Section 8.
Section 5. (a) Zones for commercial or industrial purposes may only be created in an area of the city composed of census tracts as defined in the United States decennial census of 1980 or most recent census, where:
(1) The percentage of family and nonfamily households in that census tract that were below the poverty level was at least double the percentage of family and nonfamily house holds below the poverty level for Fulton County as a whole;
(2) The percentage of persons in that census tract who were in the labor force and did not work was at least double the percentage of persons who were in the labor force and did not work for Fulton County as a whole;
(3) The percentage of total jobs lost in that census tract for a specified consecutive fiveyear period was at least double the percentage of total jobs lost for such period for Fulton County as a whole; or
(4) Any census tract contiguous to an otherwise eligible census tract, as determined by paragraph (1), (2), or (3) of subsection (a) of this section, 51 percent of which contains underutilized open lots or parcels of land or structures or buildings of relatively low value, as compared to the value of structures or buildings in the whole census tract, or which is development impaired by airport and/or related transportation noise or related environmen tal factors or by any combination of the foregoing factors.
(b) A zone for residential purposes may only be created in an area of the city composed of census tracts in each of which, according to the United States decennial census of 1980 or most recent census:
(1) The percentage of family and nonfamily households in that census tract that were below the poverty level was at least double the percentage of family and nonfamily house holds below the poverty level for Fulton County as a whole;
(2) The percentage of persons in that census tract who were in the labor force and did not work was at least double the percentage of persons who were in the labor force and did not work for Fulton County as a whole; or
(3) The total number of persons residing in each census tract was less than 1,000 persons.
(c) (1) A zone for industrial purposes may not be less than 50 acres in size.
(2) A zone for commercial purposes may not be less than 15 acres in size.
(3) A zone for residential purposes may not be less than five acres in size, except:
(A) When the proposed zone is within 1,000 feet of a MARTA station pedestrian en trance, in which case a minimum of 2.5 acres will be required; or
(B) When the proposed zone contains a historic multifamily structure, which structure is suitable for rehabilitation/renovation and can provide a minimum of four multifamily housing units, in which case there will be no minimum acreage required.
(d) A zone may extend into a census tract which does not comply with the requirements of subsection (a) or (b) of this section if at least 75 percent of the expanded zone would comply with the requirements of subsection (a) or (b) of this section.

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(e) An existing commercial, industrial, or housing purpose zone may be amended to add additional land to the zone, provided that:
(1) The area to be added complies with the requirements of subsections (a) or (b) and (d) of this section; and
(2) The area to be added is at least ten acres in size for commercial and industrial purposes, or one acre in size for residential purposes, and further, that all land is vacant.
Notwithstanding the date of expansion of the existing zone, the schedule of abatements for the area added to the existing zone shall coincide with the schedule of abatements for the existing zone.
Section 6. (a) Notice of a public hearing and intent to create an enterprise zone shall be published twice by the city in a newspaper of general circulation at least 14 days prior to the date of the public hearing. All property owners within the proposed zone shall be notified in writing by the city.
(b) After the public hearing, the city council may exempt the taxable value of property within a zone only from ad valorem taxation for city purposes. The board of commissioners, by appropriate resolution, may exempt from ad valorem taxation for county purposes under this Act the taxable value of only that same property exempted from ad valorem taxation for city purposes.
(c) A copy of the ordinance or resolution creating, abolishing, or decreasing in size a zone for commercial and industrial purposes or creating exemptions in such zone shall be transmitted to the tax commissioner of Fulton County, the Joint City/County Board of Tax Assessors, and to the Department of Community Affairs of the State of Georgia within 30 days after its passage.
(d) A copy of the ordinance or resolution creating a zone for residential purposes or creating exemptions in such zone shall be transmitted to the tax commissioner of Fulton County, the Joint City/County Board of Tax Assessors, and to the Department of Commu nity Affairs of the State of Georgia within 30 days after its passage.
Section 7. (a) Exemptions from ad valorem taxation of inventories within a zone created for commercial and industrial purposes under this Act may be granted for all or any combi nation of the following types of property:
(1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordi nary course of the taxpayer's manufacturing or production business in this state. The ex emption provided for in this paragraph shall apply only to tangible personal property which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manu facturing, processing, or production operations in this state;
(2) Inventory of finished goods manufactured or produced within this state in the ordi nary course of the taxpayer's manufacturing or production business when held by the origi nal manufacturer or producer of such finished goods. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is produced or manufactured; and
(3) Inventory of finished goods which on the first day of January are stored in a ware house, dock, or wharf, whether public or private, and which are destined for shipment to a final destination outside this state and inventory of finished goods which are shipped into this state from outside this state and stored for transshipment to a final destination outside this state. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. All property that is claimed to be exempt under the provisions of this paragraph shall be designated as being "in transit" upon the official books and records of the warehouse, dock, or wharf, whether public or private, where such property is being stored. Such official books and records shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property,

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and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such "in transit" property, shall be at all times open to the inspection of the Joint City/County Board of Tax Assessors of Fulton County.
(b) Exemptions from ad valorem taxation of real property within a zone under this Act may be granted for the taxable value of:
(1) The land itself only if the taxable value of all improvements thereon made after the effective date of the creation of the zone in which that land is located equals or exceeds three times the taxable value of the land on the effective date of the creation of the zone; and
(2) Only those improvements made after the effective date of the creation of the zone in which the improvements are located.
Section 8. (a) For zones created for commercial and industrial purposes:
(1) Real property in a zone which is exempt from ad valorem taxation under this Act shall be exempt for 100 percent of its taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of its taxable value for the next five years, 60 percent of its taxable value for the next five years, 40 percent of its taxable value for the next five years, and 20 percent of its taxable value for the last five years;
(2) Inventories in a zone which are exempt from ad valorem taxation under this Act shall be exempt from 100 percent of their taxable value for 25 years after the creation of that zone;
(3) A zone shall exist for 25 years after the effective date of its creation and at the end of that period the zone and all exemptions established therein pursuant to this Act shall be abolished;
(4) Except as provided in paragraph (3) of this subsection, a zone may only be abolished or decreased in size by appropriate ordinance of the city council, approved by a majority of the registered voters of the city voting in a special election which shall be required to be called for such purpose. No such special election to approve the abolition or decrease in size of a zone may be called within five years from the effective date of the creation of that zone. If the results of the election are in favor of the abolition or decrease in size of that zone, it shall be abolished or decreased, respectively, at the end of the fifth year following that spe cial election; and
(5) The amount of the exemption for property in a zone may not be changed and the type of property subject to an exemption in a zone may not be decreased by the city council or board of commissioners after the passage of the respective city ordinance or county reso lution creating that exemption under this Act, unless the zone and all exemptions on prop erty therein are abolished as provided in this subsection.
(b) For zones created for residential purposes:
(1) (A) Real property in a zone which is exempt from ad valorem taxation under this Act as a result of new construction or conversion shall be exempt for 100 percent of its taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of its taxable value for the next two years, 60 percent of its taxable value for the next year, 40 percent of its taxable value for the next year, and 20 percent of its taxable value for the last year.
(B) Real property in a zone which is exempt from ad valorem taxation under this Act as a result of rehabilitation shall be limited to the value of improvements added to the existing structure after the creation of the zone and the value of the land in accordance with para graph (3) of this subsection. At such time as the value of the improvements added exceed the value of the land, as of the date of the creation of the zone, by a factor of eight or more, then the full value of the improvements added shall be eligible for the exemption granted under this Act. Said real property in such zone shall be exempt in accordance with the

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following schedule: 100 percent of its taxable value for the first five years after the creation of the zone, 80 percent of its taxable value for the next two years, 60 percent of its taxable value for the next year, 40 percent of its taxable value for the next year, and 20 percent of its taxable value for the last year.
(2) A zone shall exist for ten years after the effective date of its creation and at the end of this period the zone and all exemptions established therein pursuant to this Act shall be abolished.
(3) Any tax exemptions granted under this Act shall be restricted to residential purpose improvements made after the effective date of the creation of the zone. If the value of the improvements exceed the value of the land as of the date of the creation of the zone by a factor of eight or more, then the full value of the real property shall be eligible for the exemption granted under this Act. In cases where local zoning allows for mixed use develop ment on property included in a zone for residential purposes, the creation of the zone for residential purposes is not intended to discourage or prohibit development of other locally permissive or permitted uses. However, nonresidential uses of property will not be exempted from ad valorem taxation where found to exist or as may be developed in any zone for residential purposes created pursuant to this Act.
(4) The determination of whether or not a structure qualifies as an historic multifamily structure shall be based upon a plan for historic preservation which contains standards and criteria for such determination and which plan has been duly adopted by the city council. Further, all rehabilitation improvements to any historic structure shall be consistent with Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings issued by the Secretary, U.S. Department of the Interior, as revised 1983 or as subsequently amended.
(5) A zone for residential purposes shall not be abolished or reduced in size nor shall the amounts of exemptions from ad valorem taxation be altered by action of the city council or board of commissioners after adoption of a resolution or ordinance creating the zone.
(6) Notwithstanding paragraph (3) of this subsection, subsequent to the creation of a zone, should the use of property therein be converted to a use other than completely for residential purposes, any exemption from ad valorem taxation under this Act shall cease as of the date the use of the property was converted.
Section 9. (a) A zone in which inventories are to be exempted from ad valorem taxation under this Act may not be created nor may additional classes of inventories within an ex isting zone be exempted when the taxable value of the inventories to be exempt within the proposed or existing zone, respectively, plus the taxable value of inventories already exempt, under this Act, from taxation within all existing zones exceeds 10 percent of the current taxable value of all inventories within the city.
(b) A zone in which real property is to be exempted from ad valorem taxation under this Act may not be created nor may real property within an existing zone be first granted an exemption when the taxable value of real property to be exempt within the proposed or existing zone, respectively, plus the taxable value of real property already exempt under this Act from taxation within all existing zones exceeds 10 percent of the total taxable value of all real property located within the city.
(c) For purposes of this section, taxable value shall be taxable value for city purposes and shall be determined without regard to any exemption authorized by this Act.
Section 10. (a) The creation of a zone shall become effective on January 1, immediately following the adoption by the city council of an ordinance creating the zone.
(b) Exemptions from ad valorem taxes for city or county purposes upon inventory or real property in a zone shall become effective on January 1, immediately following the adop tion of the appropriate ordinance by the city council or appropriate resolution by the board of commissioners, respectively.
(c) No exemption from ad valorem taxation upon inventory may be granted unless ap plication by the owner thereof is filed with the Joint City/County Board of Tax Assessors on

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1661

or before April 1 of the year for which the exemption is sought. The application shall con tain such information as the board may require, including, but not limited to the value of all such inventory for which the exemption is sought. The board shall determine the value of any exemption granted under this section.
Section 11. The tax commissioner of Fulton County shall identify upon the tax digest of the city, including without limitation the copy of that digest submitted to the state revenue commissioner pursuant to Code Section 48-5-302 of the O.C.G.A. that property exempted from taxation under this Act and the amount of that exemption.
Section 12. The clerk of council shall annually submit a report to the board of commis sioners, the Department of Community Affairs of the State of Georgia, and the local legisla tive delegations of the city and county. The report shall include:
(1) The location, boundary, and size of all zones created in the immediately preceding calendar year and created since the effective date of this Act;
(2) The current value of tax exemptions under this Act which became effective in the immediately preceding calendar year and since the effective date of this Act;
(3) The current market value of all improvements and inventories in each zone as com pared to that value upon the effective date of the creation of that zone;
(4) For zones created for commercial and industrial purposes, the current number of jobs and types of jobs in each zone as compared to the number and types of jobs upon the effective date of the creation of that zone; and
(5) For zones created for residential purposes, the current number of housing units and types of housing units in each zone as compared to the number and types of housing units upon the effective date of the creation of that zone.
Section 13. The city council may authorize the promulgation of rules and regulations to carry out the purposes and intent of this Act.
Section 14. Any and all laws, ordinances, and resolutions approved, or any other actions taken by the City of Atlanta pursuant to the Acts enumerated in Section 15, shall not be invalidated by the repeal of said Acts.
Section 15. An Act providing for urban enterprise zones in the City of Atlanta, ap proved March 16, 1983 (Ga. L. 1983, p. 4097), as amended, is repealed in its entirety.
Section 16. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
*HB 1646:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1646:
A BILL
To be entitled an Act to provide that each resident of the DeKalb County School Dis trict who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes for the full value of the homestead of such resident; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for the repeal over a certain period of time of the presently existing homestead exemption relative to DeKalb County School District ad valorem taxes for residents of said school district who are 62 years of age or over or disabled; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. (a) Each resident of the DeKalb County School District who is 65 years of age or over or who is disabled is granted an exemption from all DeKalb County School District ad valorem taxes on the full value of the resident's homestead owned and occupied by such resident as a residence if the resident's net income, as defined by Georgia law, together with the net income of the resident's spouse and all other members of the resi dent's family who also reside at and occupy such homestead, does not exceed $15,000.00 for the immediately preceding taxable year.

(b) For the purpose of this section, net income shall not include income received as retirement or survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system; except such income which is in excess of the maximum amount authorized to be paid to an individual and spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. In order to qualify for the exemption provided for in this section as being disabled, the person claim ing such exemption shall be required to obtain a certificate from not more than three physi cians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.

(c) A qualified resident of the DeKalb County School District shall not receive the ben efits of the homestead exemption provided for in this section unless the resident, or an agent acting in behalf of such resident, files an affidavit with the tax commissioner of DeKalb County, giving the resident's age, or if disabled, the certificate or certificates pro vided for in subsection (b) of this section, the amount of income which the resident and the resident's spouse and other members of the resident's family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such addi tional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemp tion. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto; provided, however, that after any such resident has filed the proper affidavit and certificate or certificates if disabled, as pro vided in this section, and has been allowed the exemption provided in this section, it shall not be necessary that the resident make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such resident. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for in this section to notify the tax commissioner in the event the resident becomes ineligible for any reason to receive such homestead exemption. The homestead exemption provided for in this section shall apply to all taxable years begin ning on and after January 1, 1989.

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks imme diately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of

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1663

the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes for the full value of the homestead of such resident?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1989.
The expense of such election shall be borne by DeKalb County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.
Section 3. If this Act is approved in the referendum provided for in Section 2 of this Act, then on January 1, 1991, the constitutional amendment set forth in Georgia Laws 1982 at pages 2659 through 2662, which relates to a homestead exemption from DeKalb County School District ad valorem taxes for residents of said school district who are 62 years of age or over or disabled, and which was continued in force and effect as statutory law by Article VII, Section II, Paragraph IV of the Constitution, shall stand repealed in its entirety. Said constitutional amendment continued as statutory law shall be effective in 1989 only for resi dents of the DeKalb County School District who are 63 or 64 years of age on January 1, 1989, and shall be effective in 1990 only for residents of the DeKalb County School District who are 64 years of age on January 1, 1990.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
*HB 1721:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1721:
A BILL
To be entitled an Act to provide that each resident of DeKalb County who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County ad valorem taxes, except county school district taxes, in the amount of $14,000.00 of the value of the homestead of such resident; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each resident of DeKalb County who is 65 years of age or over or who is disabled is granted an exemption from all DeKalb County ad valorem taxes, except county school district taxes, in the amount of $14,000.00 of the value of the resident's homestead owned and occupied by such resident as a residence if the resident's net income, as defined by Georgia law, as now or hereafter amended, together with the net income of the resident's spouse and all other members of the resident's family who also reside at and occupy such homestead does not exceed $15,000.00 for the immediately preceding taxable year.
(b) For the purpose of this section, net income shall not include income received as retirement or survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system; except such income which is in excess of the maximum amount authorized to be paid to an individual and

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spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. In order to qualify for the exemption provided for in this section as being disabled, the person claim ing such exemption shall be required to obtain a certificate from not more than three physi cians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.

(c) A qualified resident of DeKalb County shall not receive the benefits of the home stead provided for in this section unless the resident, or an agent acting in behalf of such resident, files an affidavit with the tax commissioner of DeKalb County giving the resident's age, or if disabled, the certificate or certificates provided for in subsection (b) of this section, the amount of income which the resident and the resident's spouse and other members of the resident's family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto; provided, however, that after any such resident has filed the proper affidavit and certificate or certificates if disabled, as provided in this section, and has been allowed the exemption provided in this section, it shall not be necessary that the resident make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such resident. It shall be the duty of any resident of DeKalb County who has claimed the homestead exemption provided for in this section to notify the tax commissioner in the event the resident becomes ineligible for any reason to receive such homestead exemption. The homestead exemption provided for in this section shall apply to all taxable years beginning on and after January 1, 1989.

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides that each resident of DeKalb County who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County ad valorem taxes, except school district taxes, in the amount of $14,000.00 of the value of the homestead of such resident?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1989.
The expense of such election shall be borne by DeKalb County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.

WEDNESDAY, MARCH 2, 1988

1665

Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The amendment to the following bill was put upon its adoption:

*HB 1885:

The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1885 by striking from lines 19 through 21 of page 1 the following:
", provided that on or after November 1, 1988, the salary of the judges of the State Court of Cobb County shall be $68,100.00 per annum".

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon
roun ^BCrouylreftomnntan Crumbley Dawkins Deal Dean
Echols Edge

English Engram Fincher Foster Gillis
Harris HTIaurdr. gis.m.osn Huggms Johnson Kennedy Kidd
Land McGill

Newbill Peevy Perry Phillips Ragan of 32nd
Scott of 2nd S^_thaurmr ake Stumbaugh Tate Taylor Turner
Tysinger Walker

Those not voting were Senators:

Barnes

Howard

Covwdell Garner" Hine

Langford McKenzie Olmstead

Ragan of 10th
Ray Scott of 36th Timmons

On the passage of all the local bills, the yeas were 43, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1634, HB 1646, HB 1721 and HB 1885, having received the requisite constitutional majority, were passed.

HB 1634, HB 1646 and HB 1721, having received the requisite constitutional majority, were passed by substitute.

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HB 1885, having received the requisite constitutional majority, was passed as amended.
The following communication from His Excellency, Governor Joe Frank Harris, was received and read by the Secretary:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334 March 2, 1988
Honorable Zell Miller Lieutenant Governor and
President of the Senate and Members of the Senate Senate Chambers Atlanta, Georgia 30334
Dear Lieutenant Governor Miller and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation.
Honorable Nancy L. Frenkel of Fulton County as a member of the State Board of Ac countancy, for the term of office beginning December 10, 1987 and ending June 30, 1991.
Honorable Gene Hodge of Muscogee County as a member of the Board of Corrections, for the term of office beginning February 4, 1988 and ending July 1, 1988.
The following named persons as members of the Board of Corrections, for the term of office beginning February 4, 1988 and ending July 1, 1992: James C. Harrison of Fulton County; Claudia Mertl of Clayton County; and Jerry F. Nicholson of Clarke County.
The Honorable Harold L. Smith of Hall County as a member of the Board of Human Resources, for the term of office beginning February 17, 1988 and ending April 6, 1990.
The following named persons as members of the Board of Human Resources, for the term of office beginning April 6, 1988 and ending April 6,1993: H. Gordon Davis, Jr. M.D. of Worth County; and Laura S. Vann of Mitchell County.
The following named persons as members of the Board of Industry and Trade, for the term of office beginning January 28, 1988 and ending July 1, 1992: Carol Cherry of DeKalb County; and Kathryn L. Dunlap of Hall County.
Sincerely,
/s/ Joe Frank Harris
SENATE RULES CALENDAR
Wednesday, March 2, 1988
THIRTY-SEVENTH LEGISLATIVE DAY
HB 1527 Health Insurance Coverage--adopted children (Amendments) (Ins--29th) HB 1277 Appropriations, 1988-89--provide (Substitute) (Approp--44th) HB 1361 Child Labor--delete provision on 15 year olds during summer (I&L--45th) HB 1476 Certain County Probation Systems--funding (Corr--33rd) HB 1370 Promotional Schemes--certain representations unlawful (Substitute)
(I&L--45th) HB 1213 Peace Officers' Annuity, Benefit Fund--medical exams (Ret--llth) HB 1638 Deferred Compensation Plans--redefine employee (I&L--46th) SR 423 Tobacco Export to South Korea--regarding (Ag--24th) HR 792 Real Property in Industrial Areas--removal (I&L--1st)

WEDNESDAY, MARCH 2, 1988

1667

HB 216 Supplementary Appropriations--fiscal year ending 6/30/88 (Substitute) (Approp--33rd)
SR 384 Senate Government Competition with Private Enterprise Study Commit tee--form (Approp--55th)
HB 1650 Abatement of Nuisances--unincorporated areas of county (Substitute) (Judy--52nd)
HB 308 Boating--relative to marine toilets and sewage discharge (Substitute) (Nat R--49th)
HB 1470 All-Terrain Vehicles--define (Trans--33rd)
SR 375 Joint Medicaid Study Committee--create (Substitute) (Hum R--38th)
HB 669 Probate Court Judge--requiring posting of bond of guardian (S Judy--48th)
HB 1565 Sale of Business Opportunities--change provisions (Substitute) (I&L--28th)
HB 1464 Ad Valorem Assessment--transfer to relative, certain agricultural property (B&F--20th)
HB 1566 Investment Advisory Business--regulate (Amendment) (B&F--15th)
HB 1590 Insurance--exercise of rights under life benefit certificate (Ins--12th)
SR 408 Senate Petroleum Marketing Study Committee--create (Substitute) (I&L--48th)
HB 254 State-wide Health Care System--compile certain data (Substitute) (Hum R--42nd)
HB 1001 Budget Act--redefine appropriation (Substitute) (Approp--44th)
HB 1268 Automobile, Motorcycle Insurance--provisions on notice refusing renewal (Sub stitute) (Ins--55th)
HB 670 Estate Administrator--Probate Court Judge requirement for posting of bond (S Judy--48th)
HR 794 B. T. Parks Memorial Bridge--designate (Trans--1st)
HB 1456 Contested Cases on Licenses to Practice Medicine, Dentistry--appeals (Hum R--42nd)
HB 1657 Business License--taxes, fees (B&F--8th)
HB 1797 Sheriff Emeritus--create honorary office (Pub S--27th)
SR 417 Joint Public Safety Study Committee--create (Pub S--13th)
HB 1489 Insurer Moving to Another State--examinations (Amendment) (Ins--29th)
HB 1692 School Bus Drivers--minimum salaries (Ed--19th)
HR 811 Richmond County--conveyance of certain state property (Pub U--22nd)
HB 1451 Real Estate Broker, Salesperson--education, research fund (Substitute) (I&L--45th)
HB 1322 Alcoholic Beverage Sale--verification of age of 21 (Substitute) (C Aff--36th)
SR 332 Health Related Professions Study Committee--create (Hum R--26th)
SR 413 Seat Belts--relative to (Pub S--40th)
SR 418 Georgia Public Safety Memorial--support (Pub S--13th)
SR 435 Designated Smoking Areas--urge to encourage in government buildings (Hum R_34th)
Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

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JOURNAL OF THE SENATE

The following bills of the House were taken up for the purpose of considering the House action thereon:
HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st and others: A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.
Senator Hudgins of the 15th moved that the Senate adhere to the Senate substitute to HB 1472 and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1472.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hudgins of the 15th, Broun of the 46th and Barnes of the 33rd.
HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Edwards of the 112th and others: A bill to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.
Senator Phillips of the 9th moved that the Senate insist upon the Senate substitute to HB 1350.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1350.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1527. By Representatives Pettit of the 19th, Lee of the 72nd and Dunn of the 73rd: A bill to amend Code Section 33-29-2 of the Official Code of Georgia Annotated, relating to requirements of policies of individual accident and sickness insurance, so as to assure that insurance coverage is provided for adopted children in the same manner as it is provided for other dependents without discrimination for any preexisting conditions.
Senate Sponsor: Senator Baldwin of the 29th.
The Senate Committee on Insurance offered the following amendment:
Amend HB 1527 by striking from line 20 of page 2 the following: "(d)",
and inserting in lieu thereof the following: "(e)".

WEDNESDAY, MARCH 2, 1988

1669

By adding between lines 19 and 20 of page 2 the following:
"(d) This Code section shall not apply to persons adopted as adults pursuant to the provisions of Code Section 19-8-16, relating to the adoption of adult persons."

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

The Senate Committee on Insurance offered the following amendment: Amend HB 1527 by striking from line 19 of page 1 the last word "can". By striking lines 1 through 3 of page 2 and inserting in lieu thereof the following: "of the final decree of adoption." By striking from line 14 of page 2 the following: "riling of a petition for", and inserting in lieu thereof the following: "the final". By striking from line 18 of page 2 the following: "or placement", and inserting in lieu thereof the following: "or final decree of adoption".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barries Broun
CCoolveemrdaenll
DDaewalkins Dean Echols Edge Engram Fincher

Foster Garner Gillis Harris Harrison Hine
Howard
JKo?ehtndnnSsemodn8y
KLaidndd
Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd j^ay Scott of 2nd
S,,^,hcuomtt aok.fe36th
Sttau"mbaughL
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon

Crumbley English

Huggins Timmons

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:
SB 516. By Senator Barnes of the 33rd: A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, so as to change the provisions relative to such compensation.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1901. By Representatives Triplett of the 128th and Pannell of the 122nd: A bill to amend an Act creating the Chatham Area Transit Authority, so as to provide that designation of special districts for transit services shall not prohibit provision of contract or charter bus service by the Authority.
HB 1903. By Representatives Carrell of the 65th and Mobley of the 64th: A bill to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett; to provide for the corporate limits of the city; to provide for the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs; to pro vide for the municipal court of the city.
HB 1904. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the amount of the exemption and the income limits for qualification for such exemption.
HB 1905. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to increase the amount of the exemption and the in come limits for qualification for such exemption.
HB 1906. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act providing an annual salary for the judge of the Probate Court of Towns County, so as to change the provisions relating to the compensa tion of the judge of the probate court.

WEDNESDAY, MARCH 2, 1988

1671

HB 1907. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to change the provisions relating to the purchases by the board of commissioners.
HB 1908. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing that the judge of the Probate Court of Towns County shall also serve as the chief magistrate of Towns County, so as to change the provisions relating to the compensation of the judge of the probate court for serving as chief magistrate.
HB 1909. By Representatives Alford of the 57th, Oliver of the 53rd, Lawrence of the 49th, Mangum of the 57th, Workman of the 51st and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to pro vide for the corporate limits of said city.
HB 1910. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act providing for a new charter for the City of Hazelhurst, so as to provide for an advisory referendum election to be held in the City of Hazelhurst for the purpose of ascertaining whether or not the authorization of sales of beer and wine within the corporate limits of the city is preferred by the electors of such city.
HB 1911. By Representative Ware of the 77th:
A bill to amend an Act making provisions for the Magistrate Court of Heard County, so as to change the compensation of the chief magistrate; to provide an effective date.
HB 1912. By Representatives Thompson of the 20th, Isakson of the 21st, Gresham of the 21st, Lawler of the 20th, Hensley of the 20th and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cobb County during designated registra tion periods as provided in Code Section 40-2-20.1 of the O.C.G.A.
HB 1913. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the manage ment and conduct thereof, to change the membership of the authority; to provide for the appointment of additional members and their terms of office.
HB 1914. By Representatives Byrd of the 153rd, Smith of the 152nd and Moody of the 153rd:
A bill to amend an Act creating the Brantley County Development Authority, so as to change the provisions relating to the membership of the authority; to change the provisions relating to the qualifications and appointment of members; to provide for other matters relative to the foregoing.

1672

JOURNAL OF THE SENATE

The following bills of the House were read the first time and referred to committee:
HB 1901. By Representatives Triplett of the 128th and Pannell of the 122nd:
A bill to amend an Act creating the Chatham Area Transit Authority, so as to provide that designation of special districts for transit services shall not prohibit provision of contract or charter bus service by the Authority.
Referred to Committee on Urban and County Affairs.
HB 1903. By Representatives Carrell of the 65th and Mobley of the 64th:
A bill to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett; to provide for the corporate limits of the city; to provide for the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs; to pro vide for the municipal court of the city.
Referred to Committee on Urban and County Affairs.
HB 1904. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the amount of the exemption and the income limits for qualification for such exemption.
Referred to Committee on Urban and County Affairs.
HB 1905. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to increase the amount of the exemption and the in come limits for qualification for such exemption.
Referred to Committee on Urban and County Affairs.
HB 1906. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Towns County, so as to change the provisions relating to the compensa tion of the judge of the probate court.
Referred to Committee on Urban and County Affairs.
HB 1907. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to change the provisions relating to the purchases by the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 1908. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing that the judge of the Probate Court of Towns County shall also serve as the chief magistrate of Towns County, so as to change the provisions relating to the compensation of the judge of the probate court for serving as chief magistrate.
Referred to Committee on Urban and County Affairs.

WEDNESDAY, MARCH 2, 1988

1673

HB 1909. By Representatives Alford of the 57th, Oliver of the 53rd, Lawrence of the 49th and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to pro vide for the corporate limits of said city. Referred to Committee on Urban and County Affairs.
HB 1910. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act providing for a new charter for the City of Hazelhurst, so as to provide for an advisory referendum election to be held in the City of Hazelhurst for the purpose of ascertaining whether or not the authorization of sales of beer and wine within the corporate limits of the city is preferred by the electors of such city. Referred to Committee on Urban and County Affairs.
HB 1911. By Representative Ware of the 77th:
A bill to amend an Act making provisions for the Magistrate Court of Heard County, so as to change the compensation of the chief magistrate; to provide an effective date. Referred to Committee on Urban and County Affairs.
HB 1912. By Representatives Thompson of the 20th, Isakson of the 21st, Gresham of the 21st and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cobb County during designated registra tion periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Referred to Committee on Urban and County Affairs.
HB 1913. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the manage ment and conduct thereof, to change the membership of the authority; to provide for the appointment of additional members and their terms of office. Referred to Committee on Urban and County Affairs.
HB 1914. By Representatives Byrd of the 153rd, Smith of the 152nd and Moody of the 153rd:
A bill to amend an Act creating the Brantley County Development Authority, so as to change the provisions relating to the membership of the authority; to change the provisions relating to the qualifications and appointment of members; to provide for other matters relative to the foregoing. Referred to Committee on Urban and County Affairs.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.
Senate Sponsor: Senator Starr of the 44th.

1674

JOURNAL OF THE SENATE

The Senate Committee on Appropriations offered the following substitute to HB 1277:

A BILL

To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1988, and ending June 30, 1989; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1988, and ending June 30, 1989, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus and a revenue estimate of $6,254,000,000 for State Fiscal Year 1989.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch........................ $20,554,894 Personal Services--Staff ....................... $9,566,914 Personal Services--Elected Officials ..................... $3,309,287 Regular Operating Expenses....................... $1,538,600 Travel--Staff ................................................ $116,800 Travel--Elected Officials ................................. $6,000 Motor Vehicle Purchases.......................................... $0 Publications and Printing ............................. $493,500 Equipment ............................................ $365,000 Computer Charges ............................... $415,500 Real Estate Rentals ................................ $63,700 Telecommunications ................................ $624,000 Per Diem, Fees and Contracts--Staff ......................... $383,732 Per Diem, Fees and Contracts--Elected Officials ............ $2,315,261 Postage ............................................ $134,800 Photography ....................................... $68,000 Expense Reimbursement Account.......... $1,132,800 Capital Outlay .................................... $21,000 Total Funds Budgeted ............................. $20,554,894 State Funds Budgeted ............................. $20,554,894

Senate Functional Budgets

Senate and Research Office
Lt. Governor's Office Secretary of the
Senate's Office
Total

Total Funds

$ 3,965,981

$

543,772

State Funds

$ 3,965,981

$

543,772

$

995,200 $

995,200

$ 5,504,953 $ 5,504,953

WEDNESDAY, MARCH 2, 1988

1675

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

House Functional Budgets Total Funds

$ 8,114,718

$

330,961

$ 1,098,710

$ 9,544,389

Joint Functional Budgets

Total Funds

$ 2,058,843

$ 1,526,721

$

786,990

$ 1,132,998

$ 5,505,552

State Funds

$ 8,114,718

$

330,961

$ 1,098,710

$ 9,544,389

State Funds

$ 2,058,843

$ 1,526,721

$

786,990

$ 1,132,998

$ 5,505,552

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legis lative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legiti mate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits Budget Unit: Department of Audits ................................ $12,495,008

1676

JOURNAL OF THE SENATE

Operations Budget: Personal Services................................................ $10,381,288 Regular Operating Expenses......................................... $330,400 Travel ............................................................ $857,500 Motor Vehicle Purchases............................................ $172,500 Publications and Printing ............................................ $33,820 Equipment ......................................................... $24,900 Per Diem, Fees and Contracts ........................................ $25,500 Real Estate Rentals ................................................ $318,000 Computer Charges ................................................. $295,400 Telecommunications ................................................. $55,700 Total Funds Budgeted ........................................... $12,495,008 State Funds Budgeted ........................................... $12,495,008
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $3,779,608
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $4,364,874
Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $34,598,431 Operation of the Courts ......................................... $32,873,776 Prosecuting Attorneys' Council ...................................... $747,652 Sentence Review Panel ............................................. $119,600 Council of Superior Court Judges ..................................... $73,435 Judicial Administrative Districts ..................................... $768,968 Habeas Corpus Clerk ................................................ $15,000
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $348,408
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education................. $550,368 Institute's Operations............................................... $425,506 Georgia Magistrate Courts Training Council .......................... $124,862
Section 8. Judicial Council. Budget Unit: Judicial Council......................................... $970,663 Council Operations ................................................. $815,088 Payments to Judicial Administrative Districts for Case Counting .................................................... $71,000 Board of Court Reporting ............................................ $28,575 Payment to Council for Magistrate Court Judges ..................................................... $26,000 Payment to Council for Probate Court Judges ..................................................... $20,000 Payment to Council for State Court Judges ..................................................... $10,000
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ........................ $109,310
PART III.
EXECUTIVE BRANCH

WEDNESDAY, MARCH 2, 1988

1677

Section 10. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............... $23,378,287
Administration and Services Budget: Personal Services................................................ $39,840,411 Regular Operating Expenses....................................... $8,426,712 Travel ............................................................ $252,224 Motor Vehicle Purchases............................................ $430,100 Publications and Printing ........................................... $156,151 Equipment ...................................................... $4,117,094 Computer Charges ............................................... $8,808,124 Real Estate Rentals .............................................. $3,281,373 Telecommunications ................................................ $882,878 Per Diem, Fees and Contracts ....................................... $421,098 Rents and Maintenance Expense ................................. $15,966,243 Utilities ............................................................ $37,635 Postage ........................................................... $332,150 Payments to DOAS Fiscal Administration .......................... $1,957,232 Direct Payments to Georgia Building Authority for Capital Outlay .................................................... $--0-- Direct Payments to Georgia Building Authority for Operations........................................................ $--0-- Telephone Billings .............................................. $32,900,121 Materials for Resale ............................................. $10,650,000 Public Safety Officers Indemnity Fund ............................... $608,800 Health Planning Review Board Operations ............................ $50,000 Georgia Golf Hall of Fame Operations ................................ $30,000 Authorities Liability Reserve Fund. ................................... $--0-- Grants to Counties ............................................... $2,600,000 Grants to Municipalities .......................................... $4,200,000 Total Funds Budgeted .......................................... $135,948,346 State Funds Budgeted ........................................... $23,378,287

Department of Administrative Services Functional Budgets

State Properties Commission

Total Funds

$

370,250

State Funds

$

370,250

Departmental Administration Treasury and Fiscal Administration

$ 2,375,424 $ 2,375,424 $ 16,745,674 $ 14,786,448

Central Supply Administration Procurement Administration General Services Administration

$ 11,066,875 $

$ 2,529,310 $

$

635,631 $

--0-- 2,529,310
--0--

Space Management Administration

$

511,888 $

511,888

Data Processing Services

$ 49,272,487 $ 2,674,967

Motor Vehicle Services

$ 3,157,359 $

--0--

Communication Services Printing Services

$ 40,211,155 $ $ 5,404,961 $

--0-- 130,000

Surplus Property Services

$ 1,439,011 $

--0--

Mail and Courier Services

$

620,283 $

--0--

Risk Management Services

$ 1,608,038 $

--0--

Total

$ 135,948,346 $ 23,378,287

B. Budget Unit: Georgia Building Authority. . Georgia Building Authority Budget:

$--0--

1678

JOURNAL OF THE SENATE

Personal Services.......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Publications and Printing ................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Capital Outlay ........................................... Utilities ................................................. Contractual Expense ..................................... Fuel .................................................... Facilities Renovations and Repairs ......................... Total Funds Budgeted.................................... State Funds Budgeted ....................................

Georgia Building Authority Functional Budgets

Total Funds

Grounds

1,922,900

Custodial

4,737,600

Maintenance

4,880,800

Security

4,642,800

Van Pool

199,100

Sales

4,343,500

Administration

10,961,100

Railroad Excursions Facility Renovations

597,900 --0--

Total

$ 32,285,700

$18,324,000 . . $4,623,900 ..... $21,100 .... $76,800 .... $105,300
. . $129,700 ..... $51,000 ... $10,800 .... $111,100 ... $154,000 ..... $--0-- .. $8,488,000 .... $190,000 ..... $--0-- ..... $-0. $32,285,700 ..... $--0--
State Funds

C. Budget Unit: Agency for the Removal of Hazardous Materials ................................................. $--0--
Operations Budget: Personal Services................................................. $4,500,000 Regular Operating Expenses....................................... $3,991,000 Travel .......................................................... $1,500,000 Motor Vehicle Purchases............................................ $175,000 Publications and Printing ............................................. $5,000 Equipment ........................................................ $700,000 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications ................................................. $20,000 Per Diem, Fees and Contracts ....................................... $800,000 Capital Outlay ...................................................... $--0-- Utilities ............................................................ $--0-- Total Funds Budgeted ........................................... $11,691,000 State Funds Budgeted ............................................... $--0--

Section 11. Department of Agriculture A. Budget Unit: Department of Agriculture .......................... $31,735,004
State Operations Budget: Personal Services. ............................................... $27,363,829 Regular Operating Expenses....................................... $2,612,348

WEDNESDAY, MARCH 2, 1988

1679

Travel ............................................................ $877,000 Motor Vehicle Purchases............................................ $513,604 Publications and Printing ........................................... $743,650 Equipment ........................................................ $396,114 Computer Charges ................................................. $317,928 Real Estate Rentals ................................................ $850,963 Telecommunications ................................................ $390,374 Per Diem, Fees and Contracts ....................................... $330,754 Market Bulletin Postage ............................................ $600,000
Payments to Athens and Tifton Veterinary Laboratories ......................................... $2,124,650
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ....................... $1,618,806
Veterinary Fees .................................................... $547,000 Indemnities......................................................... $91,000 Bee Indemnities. .................................................... $75,000 Advertising Contract ............................................... $205,000 Payments to Georgia Agrirama Development Authority
for Operations ................................................... $458,600 Renovation, Construction, Repairs and Maintenance Projects
at Major and Minor Markets ....................................... $75,000 Capital Outlay ...................................................... $--0-- Contract--Federation of Southern Cooperatives ........................ $60,000 Tick Control Program ............................................... $50,000 Poultry Indemnities ................................................ $100,000 Total Funds Budgeted ........................................... $40,401,620 State Funds Budgeted ........................................... $31,735,004

Department of Agriculture Functional Budgets

Total Funds

Plant Industry

$ 4,116,783

Animal Industry

$ 6,371,242

Marketing

$ 1,640,655

General Field Forces

$ 3,260,687

Internal Administration

$ 4,219,017

Information and Education

$ 1,406,480

Fuel and Measures

$ 3,048,293

Consumer Protection Field Forces

$ 5,753,640

Meat Inspection

$ 4,155,203

Major Markets

$ 4,184,389

Seed Technology

$

364,797

Entomology and Pesticides

$ 1,880,434

Total

$ 40,401,620

State Funds

$ 3,670,783

$ 5,999,518

$ 1,601,401

$ 3,260,687

$ 4,141,017

$ 1,406,480

$ 3,040,293

$ 4,468,350

$ 1,659,137

$

706,904

$

--0--

$ 1,780,434

$ 31,735,004

B. Budget Unit: Georgia Agrirama Development Authority ................ $--0-- Georgia Agrirama Development Authority Budget: Personal Services................................................... $489,000 Regular Operating Expenses. ........................................ $121,000 Travel .............................................................. $5,000 Motor Vehicle Purchases............................................. $--0-- Publications and Printing ............................................ $11,000 Equipment ......................................................... $10,000 Computer Charges .................................................. $--0--

1680

JOURNAL OP THE SENATE

Real Estate Rentals .......... Telecommunications .......... Per Diem, Fees and Contracts Capital Outlay ............... Goods for Resale ............. Total Funds Budgeted ..... State Funds Budgeted ........

.. $-0-
. $9,000 . . $31,000 .. $--0--
. . $78,000 . $754,000 .. $--0--

Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................... $5,266,588 Administration and Examination Budget: Personal Services................................................. $4,737,989 Regular Operating Expenses......................................... $226,360 Travel ............................................................ $321,198 Motor Vehicle Purchases............................................. $--0-- Publications and Printing ............................................ $15,308 Equipment ......................................................... $32,305 Computer Charges ................................................. $122,402 Real Estate Rentals ................................................ $184,272 Telecommunications ................................................. $48,911 Per Diem, Fees and Contracts ......................................... $2,000 Total Funds Budgeted ............................................ $5,690,745 State Funds Budgeted ............................................ $5,266,588

Section 13. Department of Community Affairs. Budget Unit: Department of Community Affairs ...................... $7,903,076 State Operations Budget: Personal Services. ................................................ $4,702,230 Regular Operating Expenses......................................... $150,456 Travel ............................................................ $177,884 Motor Vehicle Purchases.............................................. $8,200 Publications and Printing ............................................ $92,890 Equipment ......................................................... $24,009 Computer Charges .................................................. $45,615 Real Estate Rentals ................................................ $398,192 Telecommunications ................................................. $62,998 Per Diem, Fees and Contracts ....................................... $108,132 Capital Felony Expenses ............................................. $85,000 Contracts with Area Planning and Development Commissions .................................. $1,400,000 Local Assistance Grants ............................................. $--0-- Appalachian Regional Commission Assessment ......................... $99,800 Community Development Block Grants (Federal) .................. $30,000,000 Juvenile Justice Grants (Federal) ..................................... $--0-- Grant--Richmond County ........................................... $--0-- Special Investment Grant ........................................... $650,000 Payment to Georgia Residential Finance Authority .................... $600,000 Payment to Georgia Environmental Facilities Authority for Operations .......................................... $422,990 Grant for Operating Expenses in Butts County ........................ $25,000 Grant for the Rural Economic Development Incentive Project ..................................... $35,000 Grant for Coastal Area APDC ........................................ $--0-- Grant for Atlanta University in Fulton County ................................................... $100,000 Grant for Hay House in Bibb County ................................. $40,000 Total Funds Budgeted ........................................... $39,228,396

WEDNESDAY, MARCH 2, 1988

1681

State Funds Budgeted .......................................

Department of Community Affairs Functional Budgets

Total Funds

Executive and Administrative

$ 3,894,952

Technical Assistance

$ 1,426,054

Community and Economic Development

$ 32,774,169

Intergovernmental Assistance

$ 1,133,221

Total

$ 39,228,396

Section 14. Department of Corrections A. Budget Unit: Administration, Institutions and Probation ...
Personal Services............................................ Regular Operating Expenses.................................. Travel ..................................................... Motor Vehicle Purchases..................................... Publications and Printing .................................... Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Capital Outlay .............................................. Utilities .................................................... Court Costs................................................. County Subsidy ............................................ County Subsidy for Jails ..................................... County Workcamp Construction Grants ...................... Grants for Local Jails ...................................... Central Repair Fund ....................................... Payments to Central State Hospital for Meals ................. Payments to Central State Hospital for Utilities .............. Payments to Public Safety for Meals. ........................ Inmate Release Fund ....................................... Health Services Purchases .................................. Payments to MAG for Health Care Certification .............. University of Georgia--Cooperative Extension
Service Contracts ........................................ Minor Construction Fund ................................... Authority Lease Rentals .................................... Total Funds Budgeted ...................................... Indirect DOAS Funding .................................... Georgia Correctional Industries .............................. State Funds Budgeted ......................................

Departmental Functional Budgets

Total Funds

Administration

36,157,049

Institutions and Support

209,792,071

Probation

47,662,938

Total

293,612,058

B. Budget Unit: Board of Pardons and Paroles Board of Pardons and Paroles Budget:

. . $7,903,076
State Funds
3,872,452
1,240,748 1,822,701
967,175
7,903,076
$286,820,849 $207,157,514 . $23,137,382 . . $1,303,125 . . $1,136,000 .... $305,000 . . $3,616,793 . . $789,450 . $2,920,461 . $2,237,292 . . $1,647,263 .... $80,000
$9,625,065 . $350,000 $11,680,000 . . $5,500,000 ..... $--0-- .... $--0-- . . $600,000 $3,099,945 . . $1,579,703 ... $315,196 .... $950,000 $14,562,333 ..... $48,946
.... $289,190 $681,400
..... $--0-- $293,612,058 ..... $--0--
$--0-- $286,820,849
State Funds
35,962,049
208,631,274
42,227,526
286,820,849
$19,047,843

1682

JOURNAL OF THE SENATE

Personal Services. ............................................... $15,687,453 Regular Operating Expenses......................................... $426,584 Travel ............................................................ $432,902 Motor Vehicle Purchases............................................ $124,500 Publications and Printing ............................................ $51,700 Equipment ........................................................ $139,348 Computer Charges ................................................. $123,000 Real Estate Rentals .............................................. $1,072,131 Telecommunications ................................................ $398,875 Per Diem, Fees and Contracts ........................................ $91,350 County Jail Subsidy ................................................ $500,000 Total Funds Budgeted ........................................... $19,047,843 State Funds Budgeted ........................................... $19,047,843

Section 15. Department of Defense. Budget Unit: Department of Defense ................................ $4,718,461 Operations Budget: Personal Services................................................. $7,253,027 Regular Operating Expenses....................................... $3,177,333 Travel ............................................................. $66,382 Motor Vehicle Purchases............................................. $27,200 Publications and Printing ............................................ $43,275 Equipment ......................................................... $50,725 Computer Charges .................................................. $13,830 Real Estate Rentals .................................................. $7,800 Telecommunications ................................................. $77,596 Per Diem, Fees and Contracts ....................................... $183,500
Grants to Locals--Emergency Management Assistance......................................... $1,050,000
Grants--Others ..................................................... $44,100 Georgia Military Institute Grant...................................... $18,000 Civil Air Patrol Contract. ............................................ $42,000 Capital Outlay ...................................................... $--0-- Grants to Armories ................................................. $563,160 Repairs and Renovations............................................ $325,125 Total Funds Budgeted ........................................... $12,943,053 State Funds Budgeted ............................................ $4,718,461

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General

$ 2,283,668 $ 1,179,668

Georgia Emergency Management Agency

$ 1,927,471 $

871,607

Georgia Air National Guard

$ 3,260,773 $

456,688

Georgia Army National Guard

$ 5,471,141 $ 2,210,498

Total

$ 12,943,053 $ 4,718,461

Section 16. State Board of Education--Department of Education. Budget Unit: Department of Education ........................... $2,278,637,140
Operations: Personal Services. ............................................... $38,257,881 Regular Operating Expenses....................................... $3,942,744 Travel .......................................................... $1,499,585 Motor Vehicle Purchases............................................. $80,590 Publications and Printing ........................................... $568,405 Equipment ........................................................ $461,675

WEDNESDAY, MARCH 2, 1988

1683

Computer Charges ............................................... $8,878,097

Real Estate Rentals .............................................. $2,198,820

Telecommunications ................................................ $703,133

Per Diem, Fees and Contracts .................................... $16,600,715

Utilities ......................................................... $1,007,520

Capital Outlay ....................................................... $5,000

QBE Formula Grants:

Kindergarten/Grades 1--3 ...................................... $596,162,877

Grades 4--8 ................................................... $489,668,522

Grades 9--12 .................................................. $246,373,930

High School Laboratories ........................................ $73,202,496

Vocational Education Laboratories ................................ $80,702,658

Special Education .............................................. $165,322,881

Gifted.......................................................... $18,479,238

Remedial Education ............................................. $27,673,716

Staff Development ............................................... $6,101,116

Professional Development........................................ $15,808,209

Media.......................................................... $81,182,495

Indirect Cost .................................................. $435,213,275

Pupil Transportation ........................................... $105,336,885

Isolated Schools.................................................... $961,470

Local Fair Share .............................................. $(430,128,898)

Other Categorical Grants:

Equalization Formula........................................... $114,111,755

Sparsity Grants .................................................. $1,500,000

In School Suspension ............................................... $175,000

Special Instructional Assistance.................................... $1,000,000

Middle School Incentive ......................................... $13,298,790

Special Education Low-

Incidence Grants ................................................. $100,000

Non-QBE Grants:

Education of Children of Low-

Income Families .............................................. $78,364,380

Retirement (H.B. 272 and H.B. 1321) .............................. $1,950,000

Instructional Services for the Handicapped ........................ $20,531,560

Tuition for the Multi-Handicapped ................................ $1,972,000

Severely Emotionally Disturbed .................................. $29,513,987

School Lunch (Federal) ......................................... $127,921,445

School Lunch (State) ............................................ $22,137,830

Supervision and Assessment of Students and Beginning

Teachers and Performance-Based Certification .................... $5,737,928

Regional Education Service Agencies ............................... $5,942,530

Georgia Learning Resources System................................ $2,358,975

High School Program .......................................

$13,871,985

Special Education in State Institutions ............................. $2,830,345

Governor's Scholarships........................................... $1,269,600

Special Projects ..................................................... $--0--

Job Training Partnership Act .................................. $3,084,680

Vocational Research and Curriculum ................................. $366,540

Adult Education ............................................... $5,308,185

Salaries and Travel of Public Librarians. ........................... $8,745,130

Public Library Materials .......................................... $4,498,850

Talking Book Centers .............................................. $767,632

Public Library M&O........ .................................... $3,638,259

Grants to Local School Systems

for Educational Purposes ...................................... $78,000,000

Child Care Lunch Program (Federal) ............................. $16,728,325

1684

JOURNAL OF THE SENATE

Chapter II--Block Grant Flow Through ............................ $8,702,655 Payment of Federal Funds to Postsecondary
Vocational Education .......................................... $10,440,540 R. C. Byrd Scholarship Federal.................................... $2,541,012 Innovative Programs ............................................... $670,500 Technology Grants ................................................. $850,000 Limited English-Speaking Students Program........................ $1,250,000 Total Funds Budgeted ......................................... $2,576,445,453 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted ......................................... $2,278,637,140

Education Functional Budgets

Total Funds

State Funds

State Administration

$ 3,227,933 $ 2,800,218

Instructional Services

$ 16,183,166 $ 9,131,851

Governor's Honors Program

$

874,905 $

859,515

Administrative Services

$ 19,557,995 $ 14,356,420

Standards and Assessment

$ 14,456,765 $ 13,838,850

Special Services

$ 4,020,148 $ 2,568,053

Professional Standards Commission

$

232,175 $

232,175

Professional Practices Commission

$

517,293 $

517,293

Local Programs

$ 2,502,241,288 $ 2,219,790,980

Georgia Academy for the Blind

$ 4,131,040 $ 3,994,540

Georgia School for the Deaf

$ 6,575,380 $ 6,419,880

Atlanta Area School for the Deaf

$ 4,427,365 $ 4,127,365

Total

$ 2,576,445,453 $ 2,278,637,140

Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System ................................ $0 Employees' Retirement System Budget: Personal Services................................................... $918,040 Regular Operating Expenses.......................................... $15,060 Travel .............................................................. $7,500 Motor Vehicle Purchases............................................. $--0-- Publications and Printing ............................................ $23,500 Equipment .......................................................... $5,400 Computer Charges ................................................. $280,000 Real Estate Rentals ................................................ $121,500 Telecommunications ................................................. $27,000 Per Diem, Fees and Contracts ....................................... $657,700 Postage ............................................................ $69,000 Benefits to Retirees ................................................. $--0-- Employer Contribution .............................................. $--0-- Total Funds Budgeted ............................................ $2,124,700 State Funds Budgeted ............................................... $--0--

Section 18. Forestry Commission. Budget Unit: Forestry Commission ................................. $31,253,194 State Operations Budget: Personal Services................................................ $26,069,834 Regular Operating Expenses....................................... $6,613,250 Travel ............................................................ $157,298 Motor Vehicle Purchases.......................................... $1,259,133

WEDNESDAY, MARCH 2, 1988

1685

Publications and Printing .................... Equipment .................................. Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts ................. Contractual Research ......................... Payments to the University of Georgia,
School of Forestry for Forest Research ... Ware County Grant for Southern Forest World . Ware County Grant for Road Maintenance .... Wood Energy Program ....................... Capital Outlay ............................... Total Funds Budgeted ........................ State Funds Budgeted ........................

......... $99,483 ...... $2,335,896 ........ $63,805
....... $29,694 ........ $806,599 ........ $490,347
.... $250,000
........ $300,000 ......... $30,000 ......... $60,000 ......... $28,000 ......... $--0-- . . . . . $38,593,339
... $31,253,194

Forestry Commission Functional Budgets

Total Funds

Reforestation

$ 4,912,753

Field Services

$ 31,245,126

Wood Energy
General Administration and Support

$

28,000

$ 2,407,460

Total

$ 38,593,339

State Funds

$

379,301

$ 28,445,433

$

28,000

$ 2,400,460 $ 31,253,194

Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Operations Budget: Personal Services. ............................ Regular Operating Expenses ................... Travel ...................................... Motor Vehicle Purchases ...................... Publications and Printing ..................... Equipment .................................. Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts ................. Evidence Purchased .......................... Utilities ..................................... Postage ..................................... Capital Outlay ............................... Total Funds Budgeted ........................ Total State Funds Budgeted ..................

. . . . . $30,385,156
. . . . . $21,716,753 ...... $1,981,829 ........ $600,075
...... $466,800 ........ $119,845 ........ $546,894 ...... $1,081,329
.... $1,775,757 ...... $1,403,374 ......... $42,500 ........ $479,000
...... $98,000 ......... $73,000 ......... $--0--
$30,385,156 .... $30,385,156

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

$ 2,979,433 $ 2,979,433

Drug Enforcement

$ 6,001,347 $ 6,001,347

Investigative

$ 9,807,043 $ 9,807,043

Georgia Crime Information Center

$ 5,873,708 $ 5,873,708

Total

$ 24,661,531 $ 24,661,531

1686

JOURNAL OF THE SENATE

Forensic Sciences Division Budget: Personal Services................................................. $4,579,432 Regular Operating Expenses......................................... $484,260 Travel ............................................................. $39,000 Motor Vehicle Purchases............................................. $44,000 Publications and Printing ............................................. $8,000 Equipment ........................................................ $271,940 Computer Charges ................................................. $111,993 Telecommunications ............................................... $117,000 Per Diem, Fees and Contracts ........................................ $23,000 Utilities ............................................................ $40,000 Postage ............................................................. $5,000 Total Funds Budgeted ............................................ $5,723,625 Total State Funds Budgeted ...................................... $5,723,625

Section 20. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission .................. $19,426,082 Administration Budget: Personal Services................................................. $3,596,072 Regular Operating Expenses......................................... $243,435 Travel ............................................................. $57,000 Motor Vehicle Purchases............................................. $--0-- Publications and Printing ........................................... $112,000 Equipment ......................................................... $19,395 Computer Charges ................................................. $392,701 Telecommunications ................................................ $125,554 Per Diem, Fees and Contracts ........................................ $18,000 Payment of Interest and Fees ....................................... $307,500 Guaranteed Educational Loans .................................... $3,810,000 Tuition Equalization Grants...................................... $12,777,540 Student Incentive Grants ......................................... $5,076,500 Law Enforcement Personnel Dependents' Grants ....................... $40,000 North Georgia College ROTC Grants ................................ $112,000 Osteopathic Medical Loans.......................................... $200,000 Georgia Military Scholarship Grants ................................. $344,000 Paul Douglas Teacher Scholarship Loans ............................. $550,000 Total Funds Budgeted ........................................... $27,781,697 State Funds Budgeted ........................................... $19,426,082

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$ 4,564,157 $

--0--

Higher Education Assistance Corporation

$

307,500 $

160,000

Georgia Student Finance Authority

$ 22,910,040 $ 19,266,082

Total

$ 27,781,697 $ 19,426,082

Section 21. Office of the Governor. Budget Unit: Office of the Governor ................................ $18,249,457 Personal Services. ................................................ $8,513,206 Regular Operating Expenses......................................... $292,513 Travel ............................................................ $187,100 Motor Vehicle Purchases............................................. $--0-- Publications and Printing ........................................... $162,575 Equipment ......................................................... $58,734

WEDNESDAY, MARCH 2, 1988

1687

Computer Charges .............

Real Estate Rentals ............

Telecommunications ............

Per Diem, Fees and Contracts . . .

Cost of Operations .............

Mansion Allowance .............

Governor's Emergency Fund ...

Intern Stipends and Travel ....

Art Grants of State Funds

Art Grants of Non-State Funds. .

Humanities Grant--State Funds .

Art Acquisitions--State Funds . .

Children's Trust Fund Grants . . .

Children and Youth Grants

Total Funds Budgeted ..........

State Funds Budgeted

.....

Office of the Governor Functional Budgets

Total Funds

Governor's Office
Office of Fair Employment Practices
Office of Planning and Budget
Council for the Arts

$ 5,442,586

$

791,689

$ 4,204,264 $ 3,774,785

Office of Consumer Affairs

$ 1,952,701

State Energy Office

$ 47,739,046

Consumers' Utility Counsel

$

642,710

Criminal Justice Coordinating Council

$

644,524

Juvenile Justice Coordinating Council

$ 1,405,916

Vocational Education Advisory Council

$

282,761

Commission on Children and Youth

$

617,178

Growth Strategies Commission Human Relations Commission

$

275,000

$

110,000

Total

$ 67,883,160

Section 22. Department of Human Resources. A. Budget Unit: Departmental Operations.......
1. General Administration and Support Budget: Personal Services............................ Regular Operating Expenses.................. Travel ..................................... Motor Vehicle Purchases..................... Publications and Printing .................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications .........................

. $148,300 . . . $648,014 . . . $212,430 $48,732,696 . $2,744,586 .... $40,000 . $2,500,000 ... $158,000 . . $2,750,000 ... $345,006 .... $50,000 .... $40,000 ... $200,000 ... $100,000 $67,883,160 . $18,249,457

State Funds 5,442,586

$

723,476

$ 4,064,264

$ 3,236,540

$ 1,952,701

$

322,581

$

642,710

$

398,744

$

335,916

$

127,761

$

617,178

$

275,000

$

110,000

$ 18,249,457

$425,494,328
. $49,887,861 . . $2,285,311 . . $1,402,804
. . $--0-- . . $285,391 .... $388,502 . $2,718,041
$5,023,688 . . $1,050,944

1688

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .............. Utilities .................................. Postage .................................. Capital Outlay ............................ Institutional Repairs and Maintenance ...... Payments to DMA--Community Care ....... Service Benefits for Children ............... Special Purpose Contracts ................. Purchase of Service Contracts .............. Total Funds Budgeted ..................... Indirect DOAS Services Funding ........... State Funds Budgeted .....................

$2,319,905 . . . . $293,074 . . . . $980,568 ..... $--0--
...... $4,000 . $7,770,680 . . $8,735,050 . . . $215,000 . $35,495,400 $118,856,219 ..... $--0--
$52,357,199

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

768,025 $

768,025

Administrative Appeals

$ 1,115,639 $ 1,115,639

Administrative Policy, Coordination, and Direction

$

302,726 $

302,726

Personnel

$ 8,235,540 $ 8,192,785

Indirect Cost

$

--0-- $ (6,062,815)

Facilities Management

$ 4,893,766 $ 3,443,234

Public Affairs Community/Intergovernmental Affairs

$

516,998 $

516,998

$

502,252 $

502,252

Budget Administration

$ 1,608,108 $ 1,608,108

Financial Services Auditing Services

$ 4,980,810 $ 4,980,810 $ 1,969,966 $ 1,969,966

Special Projects

$

495,000 $

495,000

Office of Children and Youth Planning Councils Community Services Block Grant

$ 8,735,050 $ 8,370,359

$

469,655 $

132,775

$ 9,341,668 $

-- 0--

Regulatory Services--Program Direction and Support

$

687,260 $

687,260

Child Care Licensing

$ 2,254,896 $ 2,244,896

Laboratory Improvement

$

826,199 $

483,680

Health Care Facilities Regulation
Compliance Monitoring

$ 3,441,819 $

$

398,863 $

961,967 398,863

Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services

$

754,192 $

553,097

$ 5,481,633 $

257,960

$ 19,956,969 $ 2,861,384

$ 2,874,192 $ 2,874,192

$ 36,959,445 $ 13,467,490

State Health Planning and Development Agency
Total 2. Public Health Budget: Personal Services.

$ 1,285,548 $ 118,856,219

$ 1,230,548 $ 52,357,199
$41,150,042

WEDNESDAY, MARCH 2, 1988

1689

Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Publications and Printing ................ Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ..... Utilities ................................ Postage ................................ Crippled Children Clinics ................ Grants for Regional
Intensive Infant Care ................. Grants for Regional
Maternal and Infant Care .............. Midwifery Program Benefits.............. Crippled Children Benefits ............... Kidney Disease Benefits ................. Cancer Control Benefits ................. Benefits for Medically Indigent High-Risk
Pregnant Women and Their Infants Family Planning Benefits ............... Grant-In-Aid to Counties ............... Purchase of Service Contracts ........... Special Purpose Contracts .............. Total Funds Budgeted .................. Indirect DOAS Services Funding ........ State Funds Budgeted ..................

Public Health Functional Budgets

Total Funds

Director's Office

736,488

Employees' Health

334,799

Health Program Management Vital Records

1,210,134 1,666,234

Health Services Research Primary Health Care

662,918 767,633

Stroke and Heart Attack Prevention

1,964,504

Epidemiology Immunization

1,819,078 461,841

Sexually Transmitted Diseases

1,519,042

Community Tuberculosis Center

1,263,151

Family Health Management

11,332,040

Infant and Child Health

9,397,027

Maternal Health--Perinatal

186,887

Family Planning

10,385,299

Malnutrition

54,861,649

$53,128,338 $1,197,253 .... $--0-- . . $330,545 . . $404,691
$620,183 . . . $735,160 ... $641,731 . $3,315,858 . . . . . $24,550 .... $89,898 ... $623,632
$4,936,795
$2,055,000 $2,068,464 $7,456,223 . . $400,000 $2,650,000
. . $4,050,421 . . . . $302,000 . $60,764,094 . $10,332,655 .. $6,370,000 $203,647,533 ..... $--0-- $120,253,064

State Funds

$

736,488

$

294,799

$ 1,125,134

$ 1,567,001

$

662,918

$

739,401

$ 1,434,504

$

786,431

$

--0--

$

258,066

$ 1,263,151

$ 5,571,493

$ 8,789,777

$

--0--

$ 5,661,849

$

1690

JOURNAL OF THE SENATE

Dental Health

1,682,289

Children's Medical Services

11,767,750

Chronic Disease Diabetes

1,354,564 639,206

Cancer Control

3,595,345

Environmental Health

950,435

Laboratory Services

4,794,677

Emergency Health

2,651,072

District Health Administration

9,656,534

Newborn Follow-Up Care

2,870,707

Sickle Cell, Vision and Hearing

1,332,326

High-Risk Pregnant Women and Infants

6,595,224

Grant in Aid to Counties

51,414,839

Community Health Management

2,972,305

Community Care

2,801,536

Total 3. Rehabilitation Services Budget: Personal Services. ................... Regular Operating Expenses.......... Travel ............................. Motor Vehicle Purchases............. Publications and Printing ............ Equipment ......................... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ Utilities ............................ Capital Outlay ...................... Postage ............................ Institutional Repairs and Maintenance Case Services ....................... E.S.R.P. Case Services ............... Special Purpose Contracts .......... Purchase of Services Contracts ....... Total Funds Budgeted............... Indirect DOAS Services Funding ..... State Funds Budgeted ..............

203,647,533

Rehabilitation Services Functional Budgets

Total Funds

Program Direction and Support

$ 3,511,552

Grants Management

$

659,442

State Rehabilitation Facilities

$ 9,113,244

Roosevelt Warm Springs Institute

$ 16,588,654

Georgia Factory for the Blind

$ 11,901,287

Disability Adjudication

$ 21,891,189

Production Workshop

$

953,346

District Field Services

$ 32,304,097

1,472,114 9,555,807 1,354,564
639,206 3,595,345
411,663 4,674,677 1,590,572 9,656,534 1,428,711 1,332,326 6,595,224 45,772,629 2,189,186 1,093,494 120,253,064
. $60,377,673 . . $8,853,356 ... $801,663 ... $74,000 . . $128,300 .... $431,214 . . $1,395,554 .. $2,676,949
$1,402,301 . . $4,260,190 ... $943,324 .... $--0-- .... $335,300 .... $68,700 . $15,634,998 .... $50,000 .... $509,100 . . $6,160,606 $104,103,228 ..... $--0-- . $21,340,610
State Funds 1,307,073 530,225 1,404,872 4,086,796 588,884
7,055,620

WEDNESDAY, MARCH 2, 1988

1691

Independent Living

470,764

Sheltered Employment

1,193,497

Community Facilities

5,106,256

Bobby Dodd Workshop Total

409,900 104,103,228

4. Family and Children Services Budget: Personal Services................................ Regular Operating Expenses. ..................... Travel ......................................... Motor Vehicle Purchases......................... Publications and Printing ...................... Equipment ..................................... Computer Charges .............................. Real Estate Rentals ............................. Per Diem, Fees and Contracts .................... Telecommunications ............................. Utilities ........................................ Postage ........................................ Cash Benefits ................................... Grants to County DFACS--Operations ............ Service Benefits for Children ..................... Special Purpose Contracts ....................... Purchase of Service Contracts .................... Total Funds Budgeted........................... Indirect DOAS Services Funding ................. State Funds Budgeted ...........................

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits

$ 1,328,582

AFDC Payments

$ 272,440,117

SSI--Supplemental Benefits

$

100

Energy Benefits

$ 12,978,058

County DFACS Operations-- Social Services

$ 46,641,446

County DFACS Operations-- Eligibility

$ 73,837,398

County DFACS OperationsJoint and Administration

$ 43,243,813

County DFACS Operations-- Homemakers Services

$ 6,469,377

Food Stamp Issuance

$ 2,427,000

Director's Office

$

858,206

Administrative Support

$ 3,917,244

Regional Administration

$ 3,708,240

Public Assistance

$ 5,373,950

Management Information Systems

$ 17,323,170

Social Services

$ 2,143,721

Indirect Cost

270,764
580,220
5,106,256
409,900
21,340,610
$13,600,590 . $522,640
.... $397,600 ... $10,400 .... $873,800 ..... $73,975 . $14,742,609 . . . . $237,663 . . $5,236,950 ... $902,500 ... $9,100 . . $1,327,725 $285,892,857 $171,845,003 . $45,707,516 .. $3,602,930 .. $2,171,300 $547,155,158 ..... $--0-- $231,543,455

State Funds --0--
100,680,641 100

$ 24,692,465 $ 36,918,699 $ 21,684,401 $ 5,887,977

$

858,206

$ 3,247,856

$ 3,708,240

$ 2,155,050

$ 9,495,595

$ 2,143,721

$ (8,695,462)

1692

JOURNAL OF THE SENATE

Employability Benefits

2,318,389 $ 1,310,631

Legal Services

1,525,000 $ 1,300,000

Family Foster Care Institutional Foster Care

19,614,332 $ 12,668,204 1,939,720 $ 1,469,164

Specialized Foster Care

578,500 $

369,755

Adoption Supplement

3,293,375 $ 2,707,472

Day Care

18,365,300 $ 3,548,148

Home Management--Contracts

154,200 $

53,016

Outreach--Contracts

757,600 $

254,436

Special Projects

1,275,230 $ 1,258,830

Program Support

2,855,121 $ 2,690,121

County DFACS Operations-- Employability Program

1,787,969 $ 1,136,189

Total

547,155,158 $ 231,543,455

Budget Unit Object Classes: Personal Services............................................... $165,016,166 Regular Operating Expenses...................................... $64,789,645 Travel .......................................................... $3,799,320 Motor Vehicle Purchases............................................. $84,400 Publications and Printing ......................................... $1,618,036 Equipment ...................................................... $1,298,382 Computer Charges .............................................. $19,476,387 Real Estate Rentals .............................................. $8,673,460 Telecommunications .............................................. $3,997,476 Per Diem, Fees and Contracts .................................... $15,132,903 Utilities ......................................................... $1,270,048 Postage ......................................................... $2,733,491 Capital Outlay ...................................................... $--0-- Grants for Regional Intensive Infant Care .......................... $4,936,795 Grants for Regional Maternal and Infant Care ...................... $2,055,000 Crippled Children Benefits ........................................ $7,456,223 Crippled Children Clinics ........................................... $623,632 Kidney Disease Benefits ............................................ $400,000 Cancer Control Benefits .......................................... $2,650,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ............................. $4,050,421 Family Planning Benefits ........................................... $302,000 Midwifery Program Benefits....................................... $2,068,464 Grant-In-Aid to Counties ........................................ $60,764,094 Payments to DMA--Community Care .............................. $7,770,680 Service Benefits for Children ..................................... $54,442,566 Case Services ................................................... $15,634,998 E.S.R.P. Case Services ............................................... $50,000 Cash Benefits .................................................. $285,892,857 Grants for County DFACS--Operations .......................... $171,845,003 Institutional Repairs and Maintenance ................................ $72,700 Special Purpose Contracts ....................................... $10,697,030 Purchase of Service Contracts .................................... $54,159,961

B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions...................................... $437,138,353

WEDNESDAY, MARCH 2, 1988

Departmental Operations: Personal Services............................. Regular Operating Expenses................... Travel ...................................... Motor Vehicle Purchases...................... Publications and Printing ..................... Equipment .................................. Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts ................. Utilities ..................................... Postage .................................... Capital Outlay ............................... Authority Lease Rentals ...................... Institutional Repairs and Maintenance ........ Grants to County-Owned Detention Centers ... Substance Abuse Community Services......... Mental Retardation Community Services ...... Mental Health Community Services........... Community Mental Health Center Services .... Special Purpose Contract .................... Service Benefits for Children ................. Purchase of Service Contracts ................ Total Funds Budgeted ....................... Indirect DOAS Services Funding ............. State Funds Budgeted .......................

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

Southwestern State Hospital

$ 34,966,576

Georgia Retardation Center

$ 30,117,480

Georgia Mental Health Institute

$ 24,679,140

Georgia Regional Hospital at Augusta

$ 20,094,036

Northwest Regional Hospital at Rome

$ 25,887,406

Georgia Regional Hospital at Atlanta

$ 29,483,052

Central State Hospital

$ 117,796,505

Georgia Regional Hospital at Savannah

$ 22,940,190

Gracewood State School and Hospital

$ 43,140,987

West Central Georgia Regional Hospital

$ 20,598,442

Outdoor Therapeutic Program
Mental Health Community Assistance

$ 1,852,062 $ 8,329,121

Mental Retardation Community Assistance

$ 3,325,935

1693
$347,691,412 $31,212,467 ... $974,150 ... $893,327 .... $139,700 . . $3,514,500 . . $4,081,095 .... $783,859 . . $2,801,895 . . $5,196,275 . $14,936,800 . . $293,136 ..... $--0-- . $2,148,468 . . $2,250,200 . . $1,947,640 . $31,501,528 . $97,521,014 . $14,958,024 . $80,669,305 . . $1,356,660 . . $2,090,048 .... $496,000 $647,457,503 ..... $--0-- $437,138,353
State Funds 23,107,124 14,974,290 22,084,608
16,992,529
18,884,817
22,342,405 80,055,004
19,751,522
23,613,445
15,122,901 1,699,782
8,329,121
2,423,917

1694

JOURNAL OF THE SENATE

Day Care Centers for Mentally Retarded
Supportive Living Georgia State Foster Grandparents/
Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health
Center Services
Project ARC Metro Drug Abuse Centers Group Homes for
Autistic Children
Project Friendship Community Mental
Retardation Staff Community Mental Retardation
Residential Services Contract with Clayton County Board of
Education for Autistic Children MH/MR/SA Administration
Regional Youth Development Centers
Milledgeville State YDC Augusta State YDC
Atlanta State YDC Macon State YDC Court Services
Community Treatment Centers Day Centers Group Homes
Purchased Services Runaway Investigation/
Interstate Compact Assessment and Classification
Youth Services Administration Total

$ 71,493,178 $ 35,938,771 $ 14,647,174 $ 10,108,151

$

590,729 $

576,483

$

395,655 $

232,655

$ 1,129,155 $ 1,129,155

$ 80,669,305 $ 33,348,680

$

367,205 $

367,205

$ 1,663,818 $ 1,413,818

$

269,360 $

269,360

$

310,850 $

310,850

$ 3,542,571 $ 3,215,114

$ 20,787,686 $ 14,358,170

$

74,630

$ 7,961,431

$ 16,649,139

$ 9,440,549

$ 6,314,080

$ 3,453,231

$ 3,575,926

$ 10,451,444

$ 2,457,247

$

908,649

$

646,740

$ 3,446,452

$

667,679

$

391,180

$ 1,941,508

$ 647,457,503

$

74,630

$ 7,290,682

$ 16,257,139

$ 9,055,138

$ 6,243,345

$ 3,337,117

$ 3,464,526

$ 10,451,444

$ 2,457,247

$

908,649

$

646,740

$ 3,346,452

$

667,679

$

391,180

$ 1,896,508

$ 437,138,353

Section 23. Department of Industry and Trade. Budget Unit: Department of Industry and Trade . State Operations Budget: Personal Services ............................. Regular Operating Expenses ................... Travel ...................................... Motor Vehicle Purchases ...................... Publications and Printing .................... Eauioment .................................

..... $17,619,986
...... $6,681,308 . $1,056,469
......... $349,445 .......... $68,500 ........ $345,900 ........ $191,755

WEDNESDAY, MARCH 2, 1988

1695

Computer Charges ................................................. $125,025 Real Estate Rentals ................................................ $607,140 Telecommunications ................................................ $207,860 Per Diem, Fees and Contracts....................................... $265,400 Postage ........................................................... $210,000
Local Welcome Center Contracts .................................... $230,000 Advertising and Cooperative Advertising ........................... $5,401,184
Georgia Ports Authority/Authority Lease Rentals ................... $2,745,000 Historic Chattahoochee Commission Contract.......................... $80,000 Atlanta Council for International Visitors ............................. $25,000
Waterway Development in Georgia.................................... $50,000 Georgia Music Week Promotion ...................................... $35,000
Georgia World Congress Center Operating Expenses ................... $--0-- Contract--Georgia Association of Broadcasters ......................... $53,000
Southern Center for International Studies ............................. $25,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $18,752,986 State Funds Budgeted ........................................... $17,619,986

Department of Industry and Trade Functional Budgets

Administration Economic Development Tourism Total

Total Funds $ 5,845,286 $ 4,799,643 $ 8,108,057 $ 18,752,986

State Funds $ 5,035,286 $ 4,616,643 $ 7,968,057 $ 17,619,986

Section 24. Department of Insurance Budget Unit: Office of Insurance Commissioner ....................... $9,666,342 Operations Budget: Personal Services................................................. $8,920,817 Regular Operating Expenses......................................... $396,750 Travel ............................................................ $309,000 Motor Vehicle Purchases............................................. $47,500 Publications and Printing ........................................... $150,000 Equipment ......................................................... $50,670 Computer Charges ................................................. $191,771 Real Estate Rentals ................................................ $525,759 Telecommunications r. .............................................. $205,021 Per Diem, Fees and Contracts........................................ $35,500 Total Funds Budgeted ........................................... $10,832,788 State Funds Budgeted ............................................ $9,666,342

Department of Insurance Functional Budgets

Internal Administration Insurance Regulation Industrial Loans Regulation Information and Enforcement Fire Safety and Mobile
Home Regulations Total

Total Funds

$ 1,488,059

$ 2,411,587

$

563,297

$ 1,759,027

$ 4,610,818 $ 10,832,788

State Funds

$ 1,488,059

$ 2,305,602

$

563,297

$ 1,759,027

$ 3,550,357 $ 9,666,342

Section 25. Department of Labor. Budget Unit: Department of Labor ................................. $15,926,599

1696

JOURNAL OF THE SENATE

State Operations: Personal Services. ..................... Regular Operating Expenses............ Travel ............................... Motor Vehicle Purchases.............. Publications and Printing .............. Equipment .......................... Computer Charges ................... Real Estate Rentals ................... Telecommunications .................. Per Diem, Fees and Contracts (JTPA) . Per Diem, Fees and Contracts ......... W.I.N. Grants ....................... Payments to State Treasury........... Capital Outlay ....................... Total Funds Budgeted ................ State Funds Budgeted ................

Department of Labor Functional Budgets

Total Funds

Executive Offices

2,756,377

Administrative Services Employment and Training Services

$ 15,988,853 $ 114,210,707

Total

$ 132,955,937

. $54,875,137 $6,110,400
. . . . $830,000 .... $11,000 ... $52,700 .... $455,000 . $5,645,000 . . $1,259,300 . $1,355,900 . $60,580,000 . . . . $381,500 ..... $--0--
. $400,000 $1,000,000 $132,955,937 $15,926,599

State Funds

$

745,308

$ 5,299,242

$ 9,882,049

$ 15,926,599

Section 26. Department of Law. Budget Unit: Department of Law. ................................... $7,796,782 Attorney General's Office Budget: Personal Services................................................. $6,910,854 Regular Operating Expenses......................................... $350,702 Travel ............................................................ $128,000 Motor Vehicle Purchases............................................. $--0-- Publications and Printing ............................................ $38,000 Equipment ......................................................... $27,480 Computer Charges ................................................. $229,946 Real Estate Rentals ................................................ $411,800 Telecommunications ................................................. $80,000 Per Diem, Fees and Contracts ........................................ $60,000 Books for State Library............................................. $110,000 Total Funds Budgeted ............................................ $8,346,782 State Funds Budgeted ............................................ $7,796,782

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services ................................... $400,748,343 Departmental Operations Budget: Personal Services................................................ $10,484,630 Regular Operating Expenses......................................... $320,400 Travel ............................................................ $189,900 Motor Vehicle Purchases............................................. $--0-- Publications and Printing ............................................ $85,600 Equipment ......................................................... $43,536 Computer Charges .............................................. $10,601,654 Real Estate Rentals ................................................ $925,973 Telecommunications ................................................ $343,642 Per Diem, Fees and Contracts .................................... $16,286,550 Postage ............................................................ $83,000

WEDNESDAY, MARCH 2, 1988

1697

Medicaid Benefits, Penalties and Disallowances ..................................
Payments to Counties for Mental Health .....................................
Audit Contracts ...................................... Total Funds Budgeted ................................ State Funds Budgeted ................................

imissioner's Office ;ram Management emis Management linistration ;ram Integrity efits, Penalties id Disallowances Totadl

Medical Assistance Functional Budgets Total Funds
$ 1,349,062 $ 20,058,578 $ 12,778,064 $ 2,322,765 $ 3,628,916
$ 1,171,920,340 $ 1,212,057,725

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments .............. Departmental Operations Budget: Personal Services. ................... Regular Operating Expenses ....... Travel ............................. Publications and Printing ............ Equipment ......................... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ Postage ............................ Health Insurance Payments .......... Total Funds Budgeted ............... Agency Assessments ................. Employee and Employer Contributions Deferred Compensation .............. State Funds ........................

Merit System Functional Budgets

Total Funds

Applicant Services

$ 2,267,518

Classification and Compensation

$ 1,013,049

Program Evaluation and Audit

$

910,925

Employee Training and Development

1,272,417

Health Insurance Administration

10,743,898

Health Insurance Claims

422,205,046

Internal Administration

1,775,482

Commissioner's Office

1,473,353

$1,146,749,811
. . . $25,170,529 ...... $772,500 . $1,212,057,725 . . $400,748,343

State Funds

$

561,404

$ 2,583,496

$ 3,410,204

$

305,251

$ 1,552,759

$ 392,335,229 $ 400,748,343

$26,203,865
... $6,461,105 .... $178,950 ........ $71,000 ....... $519,500 ....... $73,190 . $2,183,608 ....... $754,119 ........ $81,150 . . . . $36,319,910 . . . $231,600 . . . $394,787,556 . $441,661,688 ..... $8,319,744 . . . $407,083,079 ........ $55,000 . . . . $26,203,865
State Funds --0-- --0-- --0--
--0--
--0--
26,203,865

1698

JOURNAL OF THE SENATE

Total

$ 441,661,688 $ 26,203,865

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .................... $69,459,120
Operations Budget: Personal Services................................................ $50,004,717 Regular Operating Expenses....................................... $9,197,807 Travel ............................................................ $500,450 Motor Vehicle Purchases.......................................... $1,488,794 Publications and Printing ........................................... $643,678 Equipment ...................................................... $1,636,715 Computer Charges ................................................. $616,120 Real Estate Rentals .............................................. $1,706,138 Telecommunications .............................................. $1,286,814 Per Diem, Fees and Contracts ..................................... $1,441,968 Postage ........................................................... $380,131 Land and Water Conservation Grants ................................ $900,000 Recreation Grants .................................................. $500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey................................... $300,000 Contract with U.S. Geological Survey for Topographic Maps ............................................... $125,000 Capital Outlay--Repairs and Maintenance .......................... $1,978,900 Capital Outlay--Shop Stock--Parks ................................. $350,000 Capital Outlay--Heritage Trust ..................................... $211,500 Authority Lease Rentals .......................................... $1,100,000 Cost of Material for Resale ....................................... $1,642,380 Payments to Lake Lanier Islands Development Authority ......................................... $1,600,000 Contract--Special Olympics, Inc. .................................... $206,000 Georgia Sports Hall of Fame ......................................... $50,000 Capital Outlay--Heritage Trust-- Wildlife Management Area Land Acquisition ....................... $485,000 Capital Outlay--User Fee Enhancements-- Parks ........................................................... $766,665 Capital Outlay--Buoy Maintenance ................................... $20,000 Capital Outlay--Consolidated Maintenance-- Game and Fish .................................................. $347,831 Technical Assistance Contract ....................................... $125,000 Capital Outlay ..................................................... $724,620 Contract--Georgia Rural Water Association............................ $10,000 Contract--Corps of Engineers (Cold Water Creek St. Park) ...................................... $149,405 Advertising and Promotion .......................................... $150,000 Payments to Georgia Agricultural Exposition Authority ........................................... $1,170,527 Historic Preservation Grant ......................................... $275,000 Environmental Facilities Grant .................................... $7,000,000 Georgia Boxing Commission ........................................... $7,000 Lanier Regional Committee .......................................... $13,000 Paving at State Parks and Historic Sites ............................. $500,000 Total Funds Budgeted ........................................... $89,611,160 Receipts from Jekyll Island State Park Authority ...................... $53,750 Receipts from Stone Mountain Memorial Association .................. $315,000 Indirect DOAS Funding ............................................. $--0-- State Funds Budgeted ........................................... $69,459,120

WEDNESDAY, MARCH 2, 1988

1699

Department of Natural Resources Functional Budgets

Total Funds

Internal Administration

$ 7,489,696

Game and Fish

$ 24,855,209

Parks, Recreation and Historic Sites

$ 31,030,089

Environmental Protection

$ 24,644,938

Coastal Resources

$ 1,591,228

Total

$ 89,611,160

State Funds 7,120,946 21,526,966
18,232,126 21,066,854 1,512,228 69,459,120

B. Budget Unit: Authorities ................................... Operations Budget: Personal Services........................................... Regular Operating Expenses................................. Travel .................................................... Motor Vehicle Purchases.................................... Publications and Printing ................................... Equipment ................................................ Computer Charges ........................................ Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Capital Outlay .......................................... Total Funds Budgeted...................................... State Funds Budgeted ......................................

Authorities Functional Budgets

Total Funds

Lake Lanier Islands Development Authority

$ 1,600,000

Georgia Agricultural Exposition Authority

$ 1,170,527

Total

$ 2,770,527

..... $--0--
$1,646,987 .... $450,700 .... $54,400
... $69,000 ... $101,500 . . $263,690 ..... $4,000 ..... $10,200 ..... $50,650 .... $119,400 ..... $--0-- . . $2,770,527 ..... $--0--
State Funds
$
$ $

Section 30. Board of Postsecondary Vocational Education. Budget Unit: Board of Postsecondary Vocational Education. Board of Postsecondary Vocational Education Budget: Personal Services...................................... Regular Operating Expenses............................ Travel ............................................... Motor Vehicle Purchases............................... Publications and Printing .............................. Equipment ........................................... Computer Charges .................................... Real Estate Rentals ................................... Telecommunications ................................... Per Diem, Fees and Contracts .......................... Utilities .............................................. Personal Services--Institutions ......................... Operating Expenses--Institutions ....................... Capital Outlay ........................................ Quick Start Program .................................. Area School Program .................................. Regents Program......................................

$102,260,167
. . $2,795,428 .... $166,000 ..... $84,000 ..... $--0--
..... $95,000 .... $25,100 .... $202,451 .... $293,683 ..... $41,389 . . $1,444,000 ..... $16,000
$59,366,617 . $11,624,632
... $--0--
. . $4,200,000 . $30,693,824 .. $2,571,863

1700

JOURNAL OF THE SENATE

Adult Literacy Grants .............................................. $200,000 Total Funds Budgeted .......................................... $113,819,987 State Funds Budgeted .......................................... $102,260,167
Institutions Functional Budgets

Administration Institutional Programs Total

Total Funds $ 5,163,051 $ 108,656,936 $ 113,819,987

State Funds $ 3,592,231 $ 98,667,936 $ 102,260,167

Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety ........................ $71,343,973
Operations Budget: Personal Services. ............................................... $52,621,508 Regular Operating Expenses....................................... $6,769,216
Travel ............................................................ $140,300 Motor Vehicle Purchases.......................................... $3,069,000 Publications and Printing ........................................... $630,000
Equipment ........................................................ $681,806 Computer Charges ............................................... $3,600,000 Real Estate Rentals ................................................. $13,000
Telecommunications .............................................. $1,101,443 Per Diem, Fees and Contracts ....................................... $246,000
Postage ......................................................... $1,097,500 Conviction Reports ................................................. $225,000
State Patrol Posts Repairs and Maintenance................................................. $200,000
Capital Outlay ...................................................... $--0-- Driver License Processing ........................................... $949,200 Total Funds Budgeted ........................................... $71,343,973
Indirect DOAS Service Funding ...................................... $--0-- State Funds Budgeted ........................................... $71,343,973

Administration Driver Services Field Operations Total

Public Safety Functional Budgets Total Funds
$ 16,355,406 $ 12,927,033 $ 42,061,534 $ 71,343,973

State Funds $ 16,355,406 $ 12,927,033 $ 42,061,534 $ 71,343,973

B. Budget Unit: Units Attached for Administrative Purposes Only ... $12,982,368 1. Attached Units Budget: Personal Services................................................. $5,987,056 Regular Operating Expenses. ...................................... $2,169,772 Travel ............................................................ $133,500 Motor Vehicle Purchases............................................ $115,170 Publications and Printing ............................................ $64,000 Equipment ........................................................ $172,795 Computer Charges ................................................. $356,563 Real Estate Rentals ................................................. $91,853 Telecommunications ................................................ $153,900 Per Diem, Fees and Contracts ..................................... $1,178,700 Postage ............................................................ $29,100 Peace Officers Training Grants .................................... $2,675,977 Capital Outlay ...................................................... $--0--

WEDNESDAY, MARCH 2, 1988

1701

Total Funds Budgeted . State Funds Budgeted

2. Office of Highway Safety Budget: Personal Services................. Regular Operating Expenses....... Travel .......................... Motor Vehicle Purchases...... Publications and Printing ......... Equipment ...................... Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Postage ......................... Highway Safety Grants ........... Total Funds Budgeted ............ State Funds Budgeted ............

Attached Units Functional Budgets

Total Funds

Office of Highway Safety
Georgia Peace Officers Standards and Training

$ 4,069,719 4,385,266

Police Academy

782,077

Fire Academy

1,103,223

Georgia Firefighters Standards and Training Council

402,531

Organized Crime Prevention Council

340,243

Georgia Public Safety Training Facility

6,115,046

Total

17,198,105

Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System Departmental Operations Budget: Payments to Employees' Retirement System ............. Employer Contributions ............................... Total Funds Budgeted ................................. State Funds Budgeted .................................

Section 33. Public Service Commission. Budget Unit: Public Service Commission .................. Departmental Operations Budget: Personal Services...................................... Regular Operating Expenses............................ Travel .............................................. Motor Vehicle Purchases............................... Publications and Printing .............................. Equipment ........................................... Computer Charges .................................... Real Estate Rentals .................................. Telecommunications ................................... Per Diem, Fees and Contracts ..........................

$13,128,386 $12,697,311
$392,194 $25,100 . . . . $13,000 ... $--0-- $2,500 ... $--0-- . $40,000 ... $63,625 .... $8,000 ... $23,800 .... $1,500 $3,500,000 . $4,069,719 . . . $285,057

State Funds 285,057

$ 4,385,266

$

762,077

$ 1,004,223

$

402,531

$

340,243

$ 5,802,971 $ 12,982,368

. $13,878,962
. . . . $267,712 . $13,611,250 . $13,878,962 . $13,878,962

. . $7,229,973
. $5,744,164 . . . $358,781
$215,500 ... $57,900 ... $36,080 ... $53,364 . . $341,800 . . $299,825 . . . $113,300 $1,250,000

1702

JOURNAL OF THE SENATE

Total Funds Budgeted ............................................ $8,470,714 State Funds Budgeted ............................................ $7,229,973

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration

$ 1,315,665 $ 1,315,665

Transportation

$ 3,243,522 $ 2,125,925

Utilities

$ 3,911,527 $ 3,788,383

Total

$ 8,470,714 $ 7,229,973

Section 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................... $656,598,299
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs................................... $691,559,508 Sponsored Operations ........................................ $100,000,000
Operating Expenses: Educ., Gen., and Dept. Svcs................................... $190,131,372 Sponsored Operations ........................................ $116,000,000
Special Funding Initiative........................................ $10,000,000 Office of Minority Business Enterprise ............................... $328,875 Special Desegregation Programs ..................................... $363,741 Authority Lease Rentals ............................................. $--0-- Research Consortium ................................................ $--0-- Eminent Scholars Program ........................................... $--0-- Capital Outlay ..................................................... $573,199 Total Funds Budgeted ......................................... $1,108,956,695 Departmental Income............................................ $27,000,000 Sponsored Income.............................................. $216,000,000 Other Funds ................................................... $209,358,396 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted .......................................... $656,598,299

B. Budget Unit: Regents Central Office and Other Organized Activities ............................................ $137,954,708
Regents Central Office and Other Organized Activities Budget:
Personal Services: Educ., Gen., and Dept. Svcs................................... $178,266,229 Sponsored Operations ......................................... $49,915,234
Operating Expenses: Educ., Gen., and Dept. Svcs.................................... $74,485,198 Sponsored Operations ......................................... $23,469,674
Fire Ant and Environmental Toxicology Research .............................................. $267,521
Agricultural Research............................................. $1,664,460 Advanced Technology Development Center ......................... $1,215,015
Capitation Contracts for Family Practice Residency ...................................... $2,612,750
Residency Capitation Grants ...................................... $2,381,730 Student Preceptorships ............................................. $158,000 Center for Rehabilitation Technology ................................ $667,324 SREB Payments ................................................ $12,215,450 Medical Scholarships ............................................... $729,262 Regents Opportunity Grants ........................................ $600,000 Regents Scholarships ............................................... $200,000

WEDNESDAY, MARCH 2, 1988

1703

Rental Payments to Georgia Military College ...................
CRT Inc. Contract at Georgia Tech Research Institute .................
Total Funds Budgeted .............. Departmental Income ................ Sponsored Income ................... Other Funds ....................... Indirect DOAS Services Funding ... State Funds Budgeted ..............

...... $739,618
....... $206,000 . . . $349,793,465
. . . . . $--0-- ... $73,384,908 . . . $138,453,849 ........ $--0--
$137,954,708

Regents Central Office and C)ther Organized Activities Functional Budgets

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute
Georgia Tech Research Institute
Engineering Extension Division
Agricultural Experiment Station
Cooperative Extension Service
Eugene Talmadge Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office
Total

Total Funds $ 1,802,750 $ 1,844,718 $ 1,203,089 $ 95,855,055 $ 5,673,828 $ 47,601,262 $ 45,123,334 $ 116,677,805 $ 2,783,938 $ 2,293,835 $ 5,495,718 $ 1,743,722 $ 2,275,617 $ 19,418,794 $ 349,793,465

State Funds

$ 1,115,842

$ 1,444,718

$

882,390

$ 11,319,300

$ 1,779,628

$ 31,594,475

$ 30,396,634

$ 31,240,896

$ 2,783,938

$

460,835

$ 5,495,718

$

--0--

$

21,540

$ 19,418,794

$ 137,954,708

C. Budget Unit: Georgia Public Telecommunications Commission ..... $6,049,637

Public Telecommunications Commission Budget:

Personal Services. .......................................... ..... $5,015,766

Operating Expenses ......................................... ..... $5,247,823

Total Funds Budgeted ....................................... .... $10,263,589

Other Funds .......................

. . $4,213,952

State Funds Budgeted ..............

.... $6,049,637

Section 35. Department of Revenue. Budget Unit: Department of Revenue . .

. .... $70,182,584

1704

JOURNAL OF THE SENATE

Operations Budget: Personal Services................................................ $41,541,962 Regular Operating Expenses....................................... $1,355,818 Travel .......................................................... $1,467,725 Motor Vehicle Purchases............................................ $156,600
Publications and Printing ......................................... $2,489,155 Equipment ........................................................ $378,300
Computer Charges ............................................... $8,449,538 Real Estate Rentals .............................................. $2,621,859
Telecommunications ................................................ $609,037 Per Diem, Fees and Contracts ....................................... $215,000
County Tax Officials/Retirement and FICA ..................................................... $1,769,340
Grants to Counties/Appraisal
Staff .......................................................... $1,430,000 Motor Vehicle Tags and Decals.................................... $5,230,750 Postage ......................................................... $2,467,500
Total Funds Budgeted ........................................... $70,182,584 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted ........................................... $70,182,584

Department of Revenue Functional Budgets

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

Total Funds $ 4,032,103 $ 9,130,168 $ 4,583,858 $ 13,813,874 $ 7,482,163 $ 16,923,728 $ 5,999,893 $ 3,938,292 $ 4,278,505 $ 70,182,584

State Funds $ 4,032,103 $ 9,130,168 $ 4,583,858 $ 13,813,874 $ 7,482,163 $ 16,923,728 $ 5,999,893 $ 3,938,292 $ 4,278,505 $ 70,182,584

Section 36. Secretary of State. Budget Unit: Secretary of State .................................... $19,863,867 Personal Services................................................ $12,923,983 Regular Operating Expenses....................................... $1,605,189 Travel ............................................................ $226,000 Motor Vehicle Purchases............................................ $126,000 Publications and Printing ........................................... $404,000 Equipment ......................................................... $80,520 Computer Charges ................................................. $603,675 Real Estate Rentals .............................................. $2,171,939 Telecommunications ................................................ $267,642 Per Diem, Fees and Contracts ....................................... $584,619 Election Expenses .................................................. $500,000 Postage ........................................................... $370,300 Total Funds Budgeted ........................................... $19,863,867 State Funds Budgeted ................................ .......... $19,863,867

WEDNESDAY, MARCH 2, 1988

1705

Secretary of State Functional Budgets

Internal Administration

Total Funds $ 2,712,296

Archives and Records

$ 4,416,997

Business Services and Regulation

$ 3,671,801

Elections and Campaign Disclosure

$ 1,117,041

Drugs and Narcotics State Ethics Commission

$

856,817

$

175,711

Occupational Certification

$ 6,913,204

Total

$ 19,863,867

Occupational Certification Functional Budgets

Board

Costs

S.B. of Accountancy S.B. of Architects

$

57,500

$

79,725

S.B. of Athletic Trainers Georgia Auctioneers Commission S.B. of Barbers

$

850

7,350

24,000

G.B. of Chiropractic Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry

21,000
92,000 55,000 55,800

G.B. of Examiners of Licensed Dieticians

13,300

S.B. of Professional Engineers and Land Surveyors
S.B. of Registration for Foresters
S.B. of Funeral Services

64,700 3,100 23,000

S.B. of Registration for Professional Geologists
S.B. of Hearing Aid Dealers and Dispensers
G.B. of Landscape Architects

3,700
7,600 15,800

S.B. for the Certification of Librarians

2,600

Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists
Composite S.B. of Medical Examiners
S.B. of Nursing Home Administrators
G.B. of Nursing

32,500 102,000 12,200 78,700

State Funds $ 2,712,296 $ 4,416,997

$ 3,671,801

$ 1,117,041

$

856,817

$

175,711

$ 6,913,204

$ 19,863,867

Cost of

Operations

$

247,950

$

190,876

$

4,355

$

46,865

$

153,756

$

132,730

$

542,083

$

847,430

$

292,361

$

29,911

$

300,000

$

33,925

$

219,515

$

23,511

$

22,979

$

46,457

$

17,932

92,320 1,191,650
67,614 870,040

1706

JOURNAL OF THE SENATE

S.B. of Dispensing Opticians
S.B. of Examiners in Optometry
S.B. of Occupational Therapy
S.B. of Pharmacy
S.B. of Physical Therapy
S.B. of Podiatry Examiners
S.B. of Polygraph Examiners
G.B. of Examiners of Licensed Practical Nurses
G.B. of Private Detective and Security Agencies
S.B. of Examiners of Psychologists
S.B. of Recreation Examiners
S.B. of Examiners for Speech Pathology and Audiology
S.B. of Registration for Used Car Dealers
S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers
S.B. of Veterinary Medicine
S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis
Total

8,600 18,000 9,100 86,500 16,100 6,700 6,600
54,450
13,300 19,900 6,850
5,700
14,500
10,500 43,500

$

7,500

$ 1,080,225

B. Budget Unit: Real Estate Commission Real Estate Commission Budget: Personal Services. ................... Regular Operating Expenses.......... Travel ............................. Motor Vehicle Purchases............. Publications and Printing ............ Equipment ......................... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ...... Total Funds Budgeted............... State Funds Budgeted ...............
Real Estate Commission Functional Budget

Real Estate Commission

State Funds $ 1,323,867

Section 37. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee.

$

39,798

$

63,302

$

22,728

$

490,080

$

68,185

$

24,177

$

45,580

$

489,111

340,254 61,254 31,216

21,824

202,995

33,163 106,657

$

124,319

$ 7,538,903

..... $1,323,867

...... $804,833 ...... $111,270 ....... $12,000 ....... $17,000 .... $26,800 ........ $10,510 .... $166,354 ..... $57,300 ........ $16,800 ...... $101,000
. . $1,323,867 .... $1,323,867

Cost of Operations
1,363,867
$1,591,571

WEDNESDAY, MARCH 2, 1988

1707

Soil and Water Conservation Budget: Personal Services................................................... $736,421 Regular Operating Expenses.......................................... $97,128 Travel ............................................................. $49,000 Motor Vehicle Purchases............................................. $--0-- Publications and Printing ............................................ $38,108 Equipment .......................................................... $8,400 Computer Charges .................................................. $10,750 Real Estate Rentals ................................................. $44,276 Telecommunications ................................................. $15,360 Per Diem, Fees and Contracts ....................................... $125,732 County Conservation Grants ........................................ $466,396 Total Funds Budgeted ............................................ $1,591,571 State Funds Budgeted ............................................ $1,591,571
Section 38. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................... $8,050,000 Departmental Operations Budget: Personal Services................................................. $2,510,686 Regular Operating Expenses.......................................... $70,000 Travel ............................................................. $25,500 Publications and Printing ............................................ $80,000 Equipment ......................................................... $13,850 Computer Charges ................................................. $924,638 Real Estate Rentals ................................................ $302,500 Telecommunications ................................................. $85,000 Per Diem, Fees and Contracts ....................................... $300,000 Postage ............................................................ $93,000 Cost-of-Living Increases for Local Retirement System Members .................................... $2,500,000 Floor Fund for Local Retirement Systems ............................ $950,000 Post Retirement Benefit Increases for Retirees ...................... $4,600,000 Total Funds Budgeted ........................................... $12,455,174 State Funds Budgeted ............................................ $8,050,000
Section 39. Department of Transportation. Budget Unit: Department of Transportation ....................... $473,601,307
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services............................................... $201,183,708 Regular Operating Expenses...................................... $49,539,624 Travel .......................................................... $1,726,750 Motor Vehicle Purchases.......................................... $1,008,600 Publications and Printing ........................................... $787,700 Equipment ...................................................... $4,361,648 Computer Charges ............................................... $2,048,045 Real Estate Rentals .............................................. $1,292,155 Telecommunications .............................................. $1,914,586 Per Diem, Fees and Contracts ..................................... $8,345,601 Capital Outlay ................................................. $460,031,518 Grants to Counties ............................................... $9,317,013 Grants to Municipalities .......................................... $9,317,000 Capital Outlay--Airport Approach Aid and Operational Improvements ...................................... $1,285,000 Capital Outlay--Airport Development.............................. $1,270,000 Mass Transit Grants ............................................ $10,617,972 Savannah Harbor Maintenance Payments .......................... $1,290,000

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Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction ..................
G.O. Debt Sinking Fund .................... Total Funds Budgeted ...................... State Funds Budgeted ......................

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 513,244,755

Maintenance and Betterments

$ 209,595,522

Facilities and Equipment

$ 5,980,771

Assistance to Counties Administration

$ 9,317,013 $ 18,920,939

Total

$ 757,059,000

General Funds Budget

Total Funds

Grants to Municipalities

$ 9,317,000

Paving at State and Local Schools and State Institutions

$

750,000

Air Transportation

$ 1,476,831

Inter-Modal Transfer Facilities

$ 15,444,089

Harbor Maintenance Activities

$ 2,865,000

Maintenance and Betterments

$ 11,000,000

Total

$ 40,852,920

.... $1,575,000 .... $31,000,000 . . $797,911,920
.... $473,601,307

State Funds

$ 220,665,451

$ 198,120,826

$ 5,305,771

$ 9,317,013

$ 18,590,939

$ 452,000,000

State Funds

$

317,000

$

750,000

$

976,831

$ 5,692,476

$ 2,865,000

$ 11,000,000

$ 21,601,307

Section 40. Department of Veterans Service. Budget Unit: Department of Veterans Service . . Departmental Operations Budget: Personal Services. .......................... Regular Operating Expenses ................. Travel .................................... Motor Vehicle Purchases .................... Publications and Printing ................... Equipment ................................ Computer Charges ......................... Real Estate Rentals ........................ Telecommunications ........................ Per Diem, Fees and Contracts ............... Capital Outlay ............................. Postage ................................... Operating Expense/Payments to Central State Hospital .................... Operating Expense/Payments to Medical College of Georgia ................ Regular Operating Expenses for Projects and Insurance .............. Total Funds Budgeted ...................... State Funds Budgeted ......................

Veterans Service Functional Budgets

Total Funds

Veterans Assistance

$ 4,753,359

.... $17,183,925
...... $4,268,260 ....... $50,796
......... $89,000 ......... $--0-- ......... $21,000 ......... $90,300 .......... $4,142
. . . $218,397 ......... $58,500 ......... $15,400 ......... $--0--
... $33,300
..... $10,154,540
...... $5,283,458
....... $118,000 ... $20,405,093 ..... $17,183,925
State Funds $ 4,522,722

WEDNESDAY, MARCH 2, 1988

1709

Veterans Home and Nursing Facility--Milledgeville
Veterans Nursing Home--Augusta
Total

$ 10,268,540 $ 8,394,009
$ 5,383,194 $ 4,267,194 $ 20,405,093 $ 17,183,925

Section 41. Workers' Compensation Board. Budget Unit: Workers' Compensation Board.......................... $7,200,471 Operations Budget: Personal Services................................................. $5,757,217 Regular Operating Expenses......................................... $118,091 Travel ............................................................. $62,000 Motor Vehicle Purchases............................................. $--0-- Publications and Printing ............................................ $54,150 Equipment ......................................................... $43,142 Computer Charges ................................................. $288,131 Real Estate Rentals ................................................ $593,985 Telecommunications ................................................. $95,700 Per Diem, Fees and Contracts ....................................... $152,055 Postage .......................................................... $86,000 Total Funds Budgeted ............................................ $7,250,471 State Funds Budgeted ............................................ $7,200,471

Section 42. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ....................................... $275,433,628
Section 43. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 44. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.

Section 45. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 46. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Section 47. Provisions Relative to Section 7, Institute of Continuing Judicial Educa-

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JOURNAL OF THE SENATE

tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 48. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council.
Section 49. Provisions Relative to Section 14, Department of Corrections. The Depart ment of Corrections is authorized to obtain approval for all of the correctional officer series above the correctional officer II level to be up-graded.
The Department of Corrections is authorized to utilize $46,000 of appropriated funds to begin assumption of the Cobb County Probation Activity.
Section 50. Provisions Relative to Section 16, State Board of Education--Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,419.59. In addition, all local school system allotments for Quality Basic Edu cation shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 16, funds are designated and committed for the purpose of Special Education Low-Incidence Grants to finance the direct instructional costs for low-incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $500,000 for FY 1989.
From the Appropriations in Section 16, funds in the amount of up to $452,000 are set-a side for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Educa tion. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/ home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Education Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1989 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and that each RESA has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1989 that it contributed during SFY 1988.
Section 51. Provisions Relative to Section 17, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by nineteen one-hundredths of one percent of salaries to fund one and one-half percent cost of living increases on July 1, 1988, and January 1, 1989.
Section 52. Provisions Relative to Section 22, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Depen dent Children benefit payments utilizing a factor of 73.74% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of appli cation; and the following maximum benefits and maximum standards of need shall apply:

WEDNESDAY, MARCH 2, 1988

1711

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$202 306 366 432 494 536 580 616 648 694 742

Maximum Monthly Amount
$149 226 270 319 364 395 428 454 478 512 547

It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of the MH-MR-SA insti tutions for fiscal year 1989 that was authorized in fiscal year 1987.

The Department of Human Resources is hereby prohibited from the distribution of birth control devices, and from providing abortion referral services in the Comprehensive Adolescent Health Centers in this appropriations bill.

Section 53. Provisions Relative to Section 28, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $150.00 per merit system budg eted position for the cost of departmental operations.

It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1989 shall not exceed eight percent (8.00%).

Section 54. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (De partment of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.

From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and mainte nance of State Parks and Historic Sites facilities.

Section 55. Provisions Relative to Section 34, Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capital Out lay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.

Section 56. Provisions Relative to Section 30, Board of Postsecondary Education. None of the State funds appropriated in Section 30 may be used for the purpose of plan ning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.

Section 57. Provisions Relative to Section 31, Department of Public Safety. The Police Academy is to expend funds for the purposes of the Coroner's Training Courses.

The Department of Public Safety is authorized to place qualified fixed-wing pilots, in-

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JOURNAL OF THE SENATE

strument-rated pilots and roto-wing pilots at the rank of lieutenant, and to place the avia tion commander at the rank of captain.
The Department of Public Safety is authorized to place all captains on grade level 39 and to place all buck sergeants on grade level 34.
Section 58. Provisions Relative to Section 35, Department of Revenue. From the ap propriation in Section 35 (Department of Revenue) relating to motor vehicle tag and decal purchases the department is authorized to use available funds for the purchase of either 1983 or 1990 motor vehicle tags.
Section 59. Provisions Relative to Section 39, Department of Transportation. As au thorized in the amended General Appropriations Acts for State Fiscal Year 1981 and 1985, $246,500,000 in principal amount of General Obligation bonds were sold for advance con struction of the Interstate System. Debt service on these bonds is being provided from Gen eral Fund Appropriations or Federal Interstate payback funds and $221,850,000 (90%) is to be repaid to the State from Federal Interstate Funds. $132,748,573 has been repaid leaving a balance due of $89,101,427. A $45,000,000 payment shall be applied during the State Fis cal Year 1989 to the $89,101,427 balance due leaving a principal balance due of $44,101,427 to be repaid to the State on Bonds that have been issued for advance construction of the Interstate System.
For this and all future general appropriations acts, it is the intent of this General As sembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject to the ap proval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 39 of this Bill, in the event such collections, less refunds, rebates and collection cost, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 60. In addition to all other appropriations for the State fiscal year ending June 30, 1989, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $7,420,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($7,300,000 Budget Unit "B") in the Department of Human Re-

WEDNESDAY, MARCH 2, 1988

1713

sources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 61. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 62. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 63. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of State motor vehicles a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 64. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
Section 65. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 66. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 67. No State funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommuni cations Network either directly or indirectly.

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Section 68. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 69. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1988 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be trans ferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior ap proval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria tions Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, com mission, institution or other agency of this State are in violation of this Section or in viola tion of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Real Es tate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget.
Section 70. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combina tion of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.
Section 71. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for

WEDNESDAY, MARCH 2, 1988

1715

expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 72.

Delayed Hiring Factor by Department.

Agriculture

$ 64,112

Corrections "A"

$ 4,744,825

Corrections "B"

$ 77,635

DHR "A" DHR "B" Georgia Insurance Comm. Merit System of Pers. Admin. Dept. of Natural Resources

$ 3,692,295

$ 3,900,000

$

800

$

4,456

$ 347,031

Public Safety "A"

$ 268,000

Public Safety "B" Public Service Commission

$ 158,000

$

3,077

Veterans

$

3,706

Section 73. Cost-of-Living Increases. In addition to all other appropriations for the State Fiscal Year ending June 30, 1989, there is hereby appropriated $100,832,639 for the purposes described herein: 1.) An increase of 2.5% for full-time employees of the Executive, Judicial and Legislative branches of state government, effective July 1, 1988; 2.) For teach ers, public librarians, and other instructional and support personnel, an increase from $17,304 to $17,823 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after com pletion of one year experience and performance based certification, effective the following month; 3.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.7% to 2.8%, effective September 1, 1988; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1988; 5.) For certified person nel and employees of the Board of Postsecondary Vocational Education a 3% increase effec tive September 1, 1988; 6.) For University System employees, a 2.5% salary increase to be effective September 1, 1988, for academic contracted personnel and for a 2.5% salary in crease, effective July 1, 1988, for non-academic personnel, and fiscal year contracted person nel of the University System and employees of the Athens and Tifton Veterinary Laborato ries, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 7.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.
In addition, $596,635 is provided for upgrading selected classifications as recommended by the State Merit System; $2,025,000 is provided for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System Retired Employees and $2,300,000 is provided to fund H.B. 358.
Section 74. It is the intent of this General Assembly that existing sinking fund bal ances be utilized for Debt Service on the obligations of the Georgia Building Authority (Penal).

Section 75. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1989 ................................ $6,254,000,000

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Section 76. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 77. All laws and parts of laws in conflict with this Act are repealed.

Senators Gillis of the 20th, Allgood of the 22nd, Kennedy of the 4th and twelve others offered the following amendment:

Amend the substitute to HB 1277 offered by the Senate Committee on Appropriations by inserting on page 64 between the lines 25 and 26 the following:
"Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program."

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to HB 1277 offered by the Senate Committee on Appropriations by deleting on line 22, page 41, the figure "$26,203,865" and inserting in lieu thereof the figure "$15,226,865"; and
by deleting on line 29, page 17, the figure "$15,808,209" and inserting in lieu thereof the figure "$21,556,157"; and
by deleting on line 5, page 18, the figure "$1,000,000" and inserting in lieu thereof the figure "$1,690,210"; and
by deleting line 33 on page 18 and inserting in lieu thereof "Responsibility Supple ments. . .$2,500,000"; and
by deleting on line 10, page 13, the figure "$600,000" and inserting in lieu thereof the figure "$2,638,842.".

On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Burton Coverdell
Edge Harrison

Hine Kidd Peevy

Phillips Ragan of 32nd Scott of 2nd

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Coleman Crumbley Dawkins Deal

Dean Echols English Fincher Foster Garner Gillis Harris Howard Hudgins Huggins Johnson Kennedy

Langford McGill McKenzie Newbill Olmstead Perry Ragan of 10th Ray Scott of 36th Shumake Starr Tate Taylor

WEDNESDAY, MARCH 2, 1988

1717

Timmons Turner

Tysinger

Walker

Those not voting were Senators:

Engrain

Land

Stumbaugh

On the adoption of the amendment offered by Senator Coverdell of the 40th, the yeas were 10, nays 43, and the amendment was lost.

Senator Kidd of the 25th moved that HB 1277 be placed on the Table.

Senator Barnes of the 33rd moved the previous question.

On the motion offered by Senator Kidd of the 25th, which motion takes precedence, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Brannon Burton Coverdell Edge Garner

Harrison Hine Kidd Langford Peevy

Phillips Ragan of 32nd Scott of 2nd Scott of 36th Shumake

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Coleman Crumbley Dawkins Deal Dean

Echols English Fincher Foster Gillis Harris Howard Hudgins Huggins Johnson Kennedy McGill McKenzie

Newbill Olmstead Perry Ragan of 10th Ray Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Not voting were Senators Engram and Land.

On the motion offered by Senator Kidd of the 25th, the yeas were 15, nays 39; the motion was lost, and HB 1277 was not placed on the Table.

Senator Barnes of the 33rd asked unanimous consent to withdraw his motion for the previous question, and the consent was granted.

Senator Barnes of the 33rd moved that the previous question be ordered.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the previous ques tion was ordered.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

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The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
BBrawnennon Broun Bryant Coleman
Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Garner
GHiallmiB s Howard Huggins Johnson
Kennedy Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Ragan of loth jjav
Scott of 36th
Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Burton
Harrison Hine

Hudgins Phillips

Ragan of 32nd Scott of 2nd

Not voting were Senators Engram and Land.

On the passage of the bill, the yeas were 47, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1361. By Representatives Hamilton of the 124th, Herbert of the 76th and Cummings of the 17th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to delete the provisions relating to the employment of minors 15 years of age during school vacation months; to re peal certain provisions relating to the maximum hours of employment of minors.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Brannon Broun Burton Coleman Coverdell Crumbley

Dawkins Deal Dean Echols Edge Fincher

WEDNESDAY, MARCH 2, 1988

1719

Foster Garner Gillis Harris g?rrison Hme Howard Hudgins
Johnson Kennedy Kidd

Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh ,, latf; Taylor
Timmons Turner Tysinger

Those not voting were Senators:

Bryant English

Engram Huggins

Land Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.

Senator Fincher of the 54th moved that the Senate adhere to the Senate amendment to HB 1035 and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1035.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Fincher of the 54th, Dean of the 31st and Tysinger of the 41st.

Senator Garner of the 30th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following local bill of the House:

HB 1866. By Representative Heard of the 43rd:
A bill to amend an Act providing a city charter for the City of Fayetteville in the County of Fayette, so as to change the corporate limits of the city.

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JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 430. By Representatives Benn of the 38th, Thomas of the 31st, Bostick of the 138th and others: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to substantially and completely revise and supersede laws dealing with discrimination in the selling, leasing, and financing of housing.
Senator Walker of the 43rd moved that the Senate insist upon the Senate substitute to HB 430.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 430.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
SR 347. By Senators Barnes of the 33rd and Garner of the 30th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is charged with an offense against the criminal or traffic laws of this state or any ordinance of a political subdivision of this state; to provide for the submission of this amendment for ratification or rejection.
The House substitute to SR 347 was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correc tional institutions, and detention facilities by counties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by ad ding at the end thereof a new subparagraph (g) to read as follows:
"(g) The General Assembly is authorized to provide by general law for additional penal ties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivi sion of this state. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly

WEDNESDAY, MARCH 2, 1988

1721

[ ] NO

to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdi vision of this state and for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SR 347.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes
Brannon Broun BBuryrtaonnt Coleman
Coverdell Crumbley Deal Dean Echols Edge

English Fincher Foster Garner
Gillis Harris HHoinweard Hudgins
Huggins Johnson Kidd McGill Newbill Olmstead

Peevy Perry Phillips Ragan of ioth
Ragan of 32nd ^ 0^ot..t. Jf 3oc6,thu Shumake Starr btumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Baldwin Bowen Dawkins Engram

Harrison Kennedy (presiding) Land Langford

McKenzie Scott of 2nd Taylor Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 347.

Senator Allgood of the 22nd introduced the doctor of the day, Dr. William L. Griffin, of Augusta, Georgia.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to

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JOURNAL OF THE SENATE

provide that certain persons may be liable for the acts of certain intoxicated per sons; to provide for certain legal proofs and assumptions.

The Conference Committee report on HB 1495 was as follows:

The Committee of Conference on HB 1495 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1495 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Roy E. Barnes Senator, 33rd District
/s/ Mark Taylor Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tommy Chambless Representative, 133rd District
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Charles A. Thomas, Jr. Representative, 69th District

Conference Committee substitute to HB 1495:

A BILL
To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for cer tain legal proofs and assumptions; to provide that under certain circumstances certain per sons who own, lease, or occupy premises shall not be liable for the acts of certain intoxicated persons; to provide for legislative findings; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, is amended by adding at the end thereof a new Code Section 51-1-40 to read as follows:
"51-1-40. (a) The General Assembly finds and declares that the consumption of alco holic beverages, rather than the sale or furnishing or serving of such beverages, is the proxi mate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person, except as otherwise provided in subsection (b) of this Code section.
(b) A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or re sulting from the intoxication of such person, including injury or death to other persons; provided, however, a person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle, or who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnish ing, or serving is the proximate cause of such injury or damage. Nothing contained in this Code section shall authorize the consumer of any alcoholic beverage to recover from the provider of such alcoholic beverage for injuries or damages suffered by the consumer.
(c) In determining whether the sale, furnishing, or serving of alcoholic beverages to a

WEDNESDAY, MARCH 2, 1988

1723

person not of legal drinking age is done willfully, knowingly, and unlawfully as provided in subsection (b) of this Code section, evidence that the person selling, furnishing, or serving alcoholic beverages had been furnished with and acted in reliance on identification as de fined in subsection (d) of Code Section 3-3-23 showing that the person to whom the alco holic beverages were sold, furnished, or served was 21 years of age or older shall constitute rebuttable proof that the alcoholic beverages were not sold, furnished, or served willfully, knowingly, and unlawfully.
(d) No person who owns, leases, or otherwise lawfully occupies a premises, except a premises licensed for the sale of alcoholic beverages, shall be liable to any person who con sumes alcoholic beverages on the premises in the absence of and without the consent of the owner, lessee, or lawful occupant or to any other person, or to the estate or survivors of either, for any injury or death suffered on or off the premises, including damage to property, caused by the intoxication of the person who consumed the alcoholic beverages."
Section 2. This Act shall apply only to causes of action which arise under Code Section 50-1-40 on or after the effective date of this Act.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on HB 1495.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun BCoulretomnan
Coverdell Crumbley Dawkins Deal Echols Edge

English Fincher Foster Garner Harris Hme HHougwgairnds
Johnson Kidd McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd o S0cott o,f, 20nd,
btarr Stumbaugh Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Bryant Dean Engram

Gillis Harrison Hudgins Kennedy (presiding) Land

Langford Scott of 36th Shumake Tate Taylor

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1495.

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JOURNAL OF THE SENATE

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1476. By Representatives Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Ransom of the 90th and others:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide for state participation in the cost of funding certain county probation systems under cer tain conditions; to provide that county probation systems, including state court adult probation systems, of each county having a population of 250,000 or more shall become a part of the state-wide probation system on a certain date.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Coverdell Crumbley Dawkins Deal Echols

Edge English Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Johnson Kidd McGill McKenzie

Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bryant Dean Engram Hudgins

Kennedy (presiding) Land Langford Peevy

Scott of 36th Shumake Tate Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1370. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, so as to provide that certain representations or implications in connection with certain promotional schemes designed to make contact with prospective customers shall be declared unfair or deceptive acts or practices and shall be unlawful.
Senate Sponsor: Senator Dawkins of the 45th.

WEDNESDAY, MARCH 2, 1988

1725

The Senate Committee on Industry and Labor offered the following substitute to HB 1370:

A BILL
To be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, so as to provide that certain representations or implications in connection with certain promo tional schemes designed to make contact with prospective customers shall be declared unfair or deceptive acts or practices and shall be unlawful; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, is amended by deleting "or" at the end of paragraph (19) of subsection (b), by striking the period at the end of para graph (20) of subsection (b) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (20) of subsection (b), to be designated paragraph (21), to read as follows:
"(21) Representing, in connection with a vacation, holiday, or an item described by terms of similar meaning, or implying that:
(A) A person is a winner, has been selected or approved, or is in any other manner involved in a select or special group for receipt of an opportunity or prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a win ner or select group will receive an opportunity or prize, when in fact the enterprise is a promotional scheme designed to make contact with prospective customers, or in which all or a substantial number of those entering such competitive enterprise receive the same prize or opportunity; or
(B) In connection with the types of representations referred to in subparagraph (A) of this paragraph, representing that a vacation, holiday, or an item described by other terms of similar meaning, is being offered, given, awarded, or otherwise distributed unless:
(i) The item represented includes all transportation, meals, and lodging; or
(ii) The representation specifically describes any transportation, meals, or lodging which are not included.
the provisions of this paragraph shall not apply where the party making the representations is in compliance with paragraph (16) of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon

Broun Bryant Burton Coleman Coverdell Crumbley

Dawkins Deal Echols Edge Fincher Foster

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JOURNAL OF THE SENATE

Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kidd

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Barnes Dean English Engram Howard

Kennedy (presiding) Land Langford Scott of 36th

Shumake Tate Timmons Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1213. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to applications for membership in the Peace Officers' Annuity and Bene fit Fund and medical examinations in connection therewith, so as to change the provisions relative to the date of medical examinations.
Senate Sponsor: Senator Timmons of the llth.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Thomas B. Buck, III

House Representative

FROM:

G. W. Hogan, State Auditor

DATE:

November 23, 1987

SUBJECT: House Bill 1213 (LC 7 6791) Peace Officers' Annuity and Benefit Fund

This Bill would change provisions relating to reports of medical examinations that must accompany applications for membership in the Peace Officers' Annuity and Benefit Fund. The maximum time prior to the application date that an allowable medical examination could be made would be changed from 15 to 90 days. If enacted, this Bill would become effective on July 1, 1988.

This is to certify that this is a nonfiscal Bill as defined in the Public Retirement Sys tems Standards law.
lal G. W. Hogan State Auditor

WEDNESDAY, MARCH 2, 1988

1727

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Deal Echols

English Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Johnson Kidd McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Dawkins Dean Edge Engram

Hudgins Kennedy (presiding) Land Langford

Scott of 36th Shumake Tate Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate amendment to the following resolution of the House:

HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others:
A resolution relative to certain state property.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1873. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to meetings of the board.

The House insists on its position in disagreeing to the Senate substitute, and has ap-

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JOURNAL OF THE SENATE

pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Lord of the 107th, Edwards of the 112th and others:
A bill to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

The Speaker has appointed on the part of the House, Representatives Crawford of the 5th, Cox of the 141st and Bannister of the 62nd.

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated per sons; to provide for certain legal proofs and assumptions.

The following general bills and resolutions of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 1638. By Representative McDonald of the 12th:
A bill to amend Code Section 45-18-30 of the Official Code of Georgia Annotated, relating to the definition of employee when used in connection with deferred compensation plans, so as to change the definition of employee.
Senate Sponsor: Senator Broun of the 46th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannn Broun BBuryrtaonnt
Coleman Coverdell Crumbley Deal Echols Edge

English Fincher Foster Garner Gillis Harris Harnson HHoinweard
Huggins Johnson Kidd McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th R of 32nd ^ a Scontt ocf n2ndj
btarr Stumbaugh Taylor Timmons Turner Tysinger

WEDNESDAY, MARCH 2, 1988

1729

Those not voting were Senators:

Barker Dawkins Dean Engram

Hudgins Kennedy (presiding) Land Langford

Scott of 36th Shumake Tate Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 423. By Senators McGill of the 24th, Echols of the 6th, Gillis of the 20th and others: A resolution regarding tobacco export to South Korea.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Edge

English Fincher Foster Gillis Harris Harrison Hine Huggins Johnson Kidd McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Starr Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Dawkins Deal Dean Echols Engram

Garner Howard Hudgins Kennedy (presiding) Land Langford

Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Walker

On the adoption of the resolution, the yeas were 38, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 792. By Representatives Pannell of the 122nd and Triplett of the 128th: Senate Sponsor: Senator Coleman of the 1st.

A RESOLUTION
Proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such property and adjacent public rights of way from

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JOURNAL OF THE SENATE

the industrial area; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article XI, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:

"(e) Any other provision of this Constitution to the contrary notwithstanding, the legal and equitable owners of any real property located within the boundaries of an industrial area described in subparagraph (d) which property is located on an island may remove such property from the industrial area by filing a certificate with the clerk of the superior court for the county where such property is located removing the property from the industrial area. The filing of such certificate shall be irrevocable and shall bind the legal and equitable owners, their heirs, successors, and assigns. For purposes of this subparagraph, a legal or equitable owner shall not include a beneficiary of any trust or a partner in any partnership owning any interest in the property, or the owner of any easement rights in the property. Upon the filing of such certificate, the property described in the certificate, together with all public streets and public rights of way within the property or abutting the property or con necting the property to lands outside the industrial area, shall be immediately removed from the industrial area and such property and adjacent public rights of way may thereafter be annexed into the corporate limits of any adjacent municipality pursuant to any method of annexation allowed by law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to allow the owner of property located within a constitutional industrial area located on an island voluntarily to remove the property from such industrial area?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley

Deal Dean Echols Edge English Fincher Foster Garner Gillis Harris Harrison Hine

Howard Huggins Johnson Kidd McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th

WEDNESDAY, MARCH 2, 1988

1731

Ragan of 32nd Ray Scott of 2nd Shumake

Starr Stumbaugh Taylor Timmons

Turner Tysinger Walker

Those not voting were Senators:

Bowen Dawkins Engram

Hudgins Kennedy (presiding) Land

Langford Scott of 36th Tate

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1988.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Appropriations offered the following substitute to HB 216:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1987-1988, known as the "General Appropriations Act," approved April 20, 1987 (Ga. L. 1987, p. 1497), as amended by an Act approved February 23, 1988 (HB 1267), so as to change certain language; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1987-1988, known as the "General Appropriations Act," approved April 20, 1987 (Ga. L. 1987, p. 1497), as amended by an Act approved February 23, 1988 (HB 1267), is amended by striking the fifth paragraph in Section 73 in its entirety and by substituting in lieu thereof a new fifth para graph to read as follows:
"Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $768,000 is specifically appropriated for the purpose of financing the purchase and installation of a new pulping machine and the modernization of a paper machine for the Board of Regents of the University System of Georgia and to finance any other improvements associated with such purchase and installation, by means of demolition, acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months."
Section 2. Said Act is further amended by striking from the twelfth line of the twentysecond paragraph of Section 73 the word "University" and by inserting in lieu thereof the word "College".
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols

Edge English Fincher Foster Gillis Harris Harrison Hine Howard Huggins Johnson Kidd McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Dawkins Engram Garner

Hudgins Kennedy (presiding) Land Langford

Scott of 36th Shumake Tate

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:25 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, called the Senate to order.

Senator McGill of the 24th moved that the following resolution of the Senate, having been adopted previously today, be immediately transmitted to the House:

SR 423. By Senators McGill of the 24th, Echols of the 6th, Gillis of the 20th and others: A resolution regarding tobacco export to South Korea.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 423 was immedi ately transmitted to the House.

The President resumed the Chair.

WEDNESDAY, MARCH 2, 1988

1733

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 384. By Senators Stumbaugh of the 55th, Starr of the 44th, Gillis of the 20th and Brannon of the 51st:
A resolution to form the Senate Government Competition with Private Enter prise Study Committee to identify and study governmental activities that may be in competition with the private sector and to study the desirability of contracting out government services to the private sector.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Burton Coleman Coverdell Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis Harris Hine Huggins Johnson Kennedy McGill McKenzie

Newbill Olmstead Peevy Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barnes Broun BC/-, rruymanbi_tliey English Harrison

Howard Hudgins KTLaidnddj Langford Perry

Phillips Rav coh, umak, e
Starr Walker

On the adoption of the resolution, the yeas were 39, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1650. By Representatives Pannell of the 122nd, Robinson of the 96th, Chambless of the 133rd and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to provide for the abate ment of nuisances in the unincorporated areas of counties; to provide for the jurisdiction of courts in connection therewith; to change the provisions relating to buildings and structures which are unfit for human habitation or which are health hazards.
Senate Sponsor: Senator Hine of the 52nd.

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The Senate Committee on Judiciary offered the following substitute to HB 1650:
A BILL
To be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to provide for the abate ment of nuisances in the unincorporated areas of counties; to provide for the jurisdiction of courts in connection therewith; to change the definition of a term; to provide for exceptions; to change the provisions relating to buildings and structures which are unfit for human habitation or which are health hazards so as to provide that said provisions shall apply to counties and that the powers granted by said provisions may be exercised by county gov erning authorities in the unincorporated areas of counties in the same manner that such powers are exercised in municipalities by municipal governing authorities; to provide for definitions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, is amended by striking Code Section 41-2-5, relating to the authorization and procedures for the abatement of nuisances in cities, in its entirety and substituting in lieu thereof a new Code Section 41-2-5 to read as follows:
"41-2-5. If the existence of a nuisance is complained of in a county or city of this state, the municipal court of the city, if the nuisance complained of is in the city, shall have juris diction to hear and determine the question of the existence of such nuisance and, if found to exist, to order its abatement. If the nuisance complained of is located in the unincorporated area of a county, the magistrate court of the county, unless otherwise provided by local law, shall have such jurisdiction and power to order its abatement."
Section 2. Said chapter is further amended by striking Code Sections 41-2-7 through 41-2-12 and Code Sections 41-2-15 and 41-2-16, which Code sections relate to the authority of municipalities to repair, close, or demolish buildings or structures which are unfit for human habitation or which are health hazards and which grant powers in connection there with, in their entirety and substituting in lieu thereof, respectively, new Code Sections 41-27 through 41-2-12 and Code Sections 41-2-15 and 41-2-16 to read as follows:
"41-2-7. (a) It is found and declared that in the counties and municipalities of this state there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use and are inimical to the welfare and are dangerous and injurious to the health, safety, and welfare of the people of this state; and that a public necessity exists for the repair, closing, or demo lition of such dwellings, buildings, or structures. It is found and declared that in the coun ties and municipalities of this state where there is in existence a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of this state and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent real estate unsafe or inimical to safe human habitation. When ever the governing authority of any county or municipality of this state finds that there exist in such county or municipality dwellings, buildings, or structures which are unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and defects increasing the hazards of fire, accidents, or other calamities; lack of adequate venti lation, light, or sanitary facilities; or other conditions rendering such dwellings, buildings, or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety, or wel fare, or otherwise inimical to the welfare of the residents of such county or municipality, power is conferred upon such county or municipality to exercise its police power to repair, close, or demolish the aforesaid dwellings, buildings, or structures in the manner provided in this Code section and Code Sections 41-2-8 through 41-2-17.
(b) All the provisions of this Code section and Code Sections 41-2-8 through 41-2-17

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1735

including method and procedure may also be applied to private property where an accumu lation of weeds, trash, junk, filth, and other unsanitary or unsafe conditions shall create a public health hazard or a general nuisance to those persons residing in the vicinity. A find ing by any governmental health department, health officer, or building inspector that such property is a health or safety hazard shall constitute prima-facie evidence that said property is in violation of this Code section and Code Sections 41-2-8 through 41-2-17.
(c) The exercise of the powers conferred upon counties in this Code section and in Code Sections 41-2-8 through 41-2-17 shall be limited to properties located in the unincorporated areas of such counties.
41-2-8. As used in Code Sections 41-2-7 through 41-2-17, the term:
(1) 'Closing' means securing and causing a dwelling, building, or structure to be vacated.
(2) 'Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation, commercial, industrial, or business uses, or in tended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in Code Sections 41-2-7 through 41-2-17, the term 'dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a farm, or any agricul tural facility or other building or structure used for the production, growing, raising, har vesting, storage, or processing of crops, livestock, poultry, or other farm products.
(3) 'Governing body' means the board of commissioners or sole commissioner of a county, or the council, board of commissioners, board of aldermen, or other legislative body charged with governing a municipality.
(4) 'Municipality' means any incorporated city within this state.
(5) 'Owner' means the holder of the title in fee simple and every mortgagee of record.
(6) 'Parties in interest' means persons in possession of said property and all individuals, associations, and corporations who have interest of record in the county where the property is located in a dwelling, building, or structure, including executors, administrators, guardi ans, and trustees.
(7) 'Public authority' means any housing authority or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality.
(8) 'Public officer' means the officer or officers who are authorized by Code Sections 412-7 through 41-2-17 and by ordinances adopted under Code Sections 41-2-7 through 41-2-17 to exercise the powers prescribed by such ordinances or any agent of such officer or officers.
(9) 'Repair' means closing a dwelling, building, or structure or the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure.
41-2-9. (a) As used in this Code section, the term 'resident' means any person residing in the affected jurisdiction on or before the date on which the alleged nuisance arose.
(b) Upon the adoption of an ordinance finding that dwelling, building, or structure con ditions of the character described in Code Section 41-2-7 exist within a county or municipal ity, the governing body of such county or municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such county or municipality which are unfit for human habitation, commercial, industrial, or business uses. Such ordinances shall include the following provisions:
(1) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances;
(2) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality or by five residents of the unincorporated area of

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the county if the property in question is located in the unincorporated area of the county charging that any dwelling, building, or structure is unfit for human habitation or for com mercial, industrial, or business use or whenever it appears to the public officer (on his own motion) that any dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and any parties in interest in such dwelling, building, or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer (or his designated agent) at a place within the county in which the property is located therein, fixed not less than ten days nor more than 30 days after the serving of said com plaint; that the owner and any parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer;
(3) That if, after such notice and hearing, the public officer determines that the dwell ing, building, or structure under consideration is unfit for human habitation or is unfit for its current commercial, industrial, or business use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:
(A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the value of the dwelling, building, or struc ture, requiring the owner or parties in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to render it fit for human habitation or for current commercial, industrial, or business use or to vacate and close the dwelling, building, or structure as a human habitation; or
(B) If the repair, alteration, or improvement of the said dwelling, building, or structure cannot be made at a reasonable cost in relation to the value of the dwelling, building, or structure, requiring the owner or parties in interest, within the time specified in the order, to remove or demolish such dwelling, building, or structure.
In no event shall the governing authority of any such county or municipality require re moval or demolition of any dwelling, building, or structure except upon a finding that the cost of repair, alteration, or improvement thereof exceeds one-half the value such dwelling, building, or structure will have when repaired to satisfy the minimum requirements of this law;
(4) That, if the owner or parties in interest fail to comply with an order to vacate and close or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished; and that the public officer may cause to be posted on the main en trance of any building, dwelling, or structure so closed a placard with the following words:
'This building is unfit for human habitation or commercial, industrial, or business use; the use or occupation of this building for human habitation or for commercial, industrial, or business use is prohibited and unlawful.';
(5) That, if the owner fails to comply with any order to remove or demolish the dwell ing, building, or structure, the public officer may cause such dwelling, building, or structure to be removed or demolished; provided, however, that the duties of the public officer, set forth in paragraph (4) of this Code section and this paragraph, shall not be exercised until the governing body shall have by ordinance ordered the public officer to proceed to effectu ate the purpose of Code Sections 41-2-7 through 41-2-17 with respect to the particular prop erty or properties which the public officer shall have found to be unfit for human habitation or unfit for its current commercial, industrial, or business use, which property or properties shall be described in the ordinance;
(6) That the amount of the cost of such vacating and closing or removal or demolition by the public officer shall be a lien against the real property upon which such cost was

WEDNESDAY, MARCH 2, 1988

1737

incurred. Said lien shall attach to the real property upon the payment of all costs of demoli tion by the county or municipality and the filing of an itemized statement of the total sum of said costs by the public officer in the office of the clerk of the governing body of the county or municipality on a lien docket maintained by said clerk for such purposes. If the dwelling, building, or structure is removed or demolished by the public officer he shall sell the materials of such dwellings, buildings, or structures and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be depos ited in the superior court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court. Nothing in this Code section shall be construed to impair or limit in any way the power of the county or municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise;
(7) Counties and municipal corporations may enforce the collection of any amount due on such lien for removal or demolition of dwellings, buildings, or structures only in the following manner:
(A) The owner or parties at interest shall be allowed to satisfy the amount due on such lien by paying to the county or municipal corporation, within 30 days after the perfection of said lien, a sum of money equal to 25 percent of the total amount due and by further paying to said county or municipal corporation the remaining balance due on such lien, together with interest at the rate of 7 percent per annum, in three equal annual payments, each of which shall become due and payable on the anniversary date of the initial payment made as hereinabove prescribed;
(B) Should the property upon which such lien is perfected be sold, transferred, or con veyed by the owner or parties at interest at any time prior to the termination of the said three-year period, then the entire balance due on such lien shall be due and payable to the county or municipal corporation; and
(C) Should the amount due on such lien, or any portion thereof, be unpaid after the passage of said three-year period, or upon the occurrence of the contingency provided for in subparagraph (B) of this paragraph, the county or municipal corporation may enforce the collection of any amount due on such lien for alteration, repair, removal, or demolition of dwellings, buildings, or structures in the same manner as provided in Code Section 48-5-358 and other applicable state statutes. This procedure shall be subject to the right of redemp tion by any person having any right, title, or interest in or lien upon said property, all as provided by Article 3 of Chapter 4 of Title 48.
41-2-10. An ordinance adopted by a county or municipality under Code Sections 41-2-7 through 41-2-17 shall provide that the public officer may determine, under existing ordi nances, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neigh borhood dwellings, buildings, or structures; or of other residents of such county or munici pality; such conditions may include the following (without limiting the generality of the foregoing):
(1) Defects therein increasing the hazards of fire, accidents, or other calamities;
(2) Lack of adequate ventilation, light, or sanitary facilities;
(3) Dilapidation;
(4) Disrepair;
(5) Structural defects; and
(6) Uncleanliness.
Such ordinance may provide additional standards to guide the public officer, or his agents,

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in determining the fitness of a dwelling, building, or structure for human habitation or for its current commercial, industrial, or business use.
41-2-11. An ordinance adopted by the governing body of the county or municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of Code Sections 41-2-7 through 412-17, including the following powers in addition to others herein granted:
(1) To investigate the dwelling conditions in the unincorporated area of the county or in the municipality in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial, industrial, or business use;
(2) To administer oaths and affirmations, to examine witnesses, and to receive evidence;
(3) To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(4) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of the ordinances; and
(5) To delegate any of his functions and powers under the ordinance to such officers and agents as he may designate.
41-2-12. (a) Complaints or orders issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-17 shall, in all cases, be served upon each person in possession of said property, each owner, and each party in interest; and the return of service signed by the public officer or his agent or an affidavit of service executed by any citizen of this state, reciting that a copy of such complaint or orders was served upon each person in possession of said property, each owner, and each party in interest personally or by leaving such copy at the place of his residence, shall be sufficient evidence as to the service of such person in possession, owner, and party in interest.
(b) If any of the owners and parties in interest shall reside out of the county or munici pality, service shall be perfected by causing a copy of such complaint or orders to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties or such service may be made by any citizen; and the return of such sheriff or lawful deputy or the affidavit of such citizen, that such party or parties were served either personally or by leaving a copy of the complaint or orders at the residence, shall be conclusive as to such service.
(c) Nonresidents of this state shall be served by publishing the same once each week for two successive weeks in a newspaper printed and published in the county or municipality or, in the absence of such newspaper in the county or municipality, in one printed and pub lished outside the county or municipality and circulated in the county or municipality in which the dwellings, buildings, or structures are located. A copy of such complaint or orders shall be posted in a conspicuous place on premises affected by the complaint or orders. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered or certified mail.
(d) In the event either the owner or any party in interest is a minor or an insane person or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or municipality or is a nonresident, he shall be served as provided for in subsection (c) of this Code section or this subsection in such cases. If such minor or insane person or person laboring under disabilities has no guardian or personal representative or in the event such minor or insane person lives outside the county or municipality or is a nonresident, service shall be perfected by serving such minor or insane person personally or by leaving a copy at the place of his residence which shall be sufficient evidence as to the service of such person or persons; in the case of other persons who live outside of the county or municipal ity or are nonresidents, service shall be perfected by serving the judge of the probate court

WEDNESDAY, MARCH 2, 1988

1739

of the county wherein such property is located who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such person.
(e) In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect, then the service of such complaint or order upon such persons shall be made in the same manner as provided in subsection (c) of this Code section or service may be perfected upon any person, firm, or corporation holding itself out as an agent for the property involved.
(f) A copy of such complaint or orders shall also be filed in the proper office or offices for the filing of lis pendens notice in the county in which the dwelling, building, or structure is located and such filing of the complaint or orders shall have the same force and effect as other lis pendens notices provided by law. Any such complaint or orders or an appropriate lis pendens notice may contain a statement to the effect that a lien may arise against the described property and that an itemized statement of such lien is maintained on a lien docket maintained by the clerk of the governing body of the county or municipality."
"41-2-15. Any county or municipality is authorized to make such appropriations from its revenues as it may deem necessary and may accept and apply grants or donations to assist it in carrying out the provisions of ordinances adopted in connection with the exercise of the powers granted hereunder.
41-2-16. Nothing in Code Sections 41-2-7 through 41-2-17 shall be construed to abro gate or impair the powers of the courts or of any department of any county or municipality to enforce any provisions of its local enabling Act, its charter, or its ordinances or regula tions nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition to and supplemental to the powers conferred by any other law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bwen gTM""n Burton Coleman Coverdell Crumbley Deal Dean Echols

Edge Engram Fincher Foster
Gillis Harris Hine Huggms Johnson Kennedy Kidd McGill McKenzie

Newbill Olmstead Peevy Phillips
Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Barnes Bryant

Dawkins English

Garner Harrison

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Howard Hudgins
Land Langford

Perry Ray
Shumake

Starr Timmons
Walker

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Allgood of the 22nd moved that the following bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1277 was imme diately transmitted to the House.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

Senator McGill of the 24th moved that the Senate adhere to its disagreement to the House amendment to SB 570 and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 570.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators McGill of the 24th, Kennedy of the 4th and English of the 21st.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 308. By Representatives Wood of the 9th, Phillips of the 120th, Jackson of the 9th and others:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources relative to the control of water pollution, so as to repeal a provision relating to marine toilets; to amend Article 1 of Chap ter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Geor gia Boat Safety Act", so as to provide for definitions of the terms "discharged", "marine toilet", "sewage", and "sole state waters".
Senate Sponsor: Senator Deal of the 49th.

WEDNESDAY, MARCH 2, 1988

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The Senate Committee on Natural Resources offered the following substitute to HB 308:
A BILL
To be entitled an Act to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to operate or float a vessel on Lake Sidney Lanier with a toilet that is not designed for no discharge and to fail to display a certificate certifying compliance; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to provide for definitions of the terms "discharged," "hold ing tank," "marine toilet," "portable marine toilet," "protected fresh waters," "sewage"; to provide for findings and for a declaration of the intent of the General Assembly to prohibit the discharge of sewage from vessels into Lake Sidney Lanier; to provide that it shall be unlawful to operate or float a vessel on Lake Sidney Lanier with a toilet that is not designed for no discharge; to provide that it shall be unlawful to pump out a holding tank into any thing other than an approved pump-out facility; to provide that compliance shall be achieved by July 1, 1988, for vessels being operated or floated on Lake Sidney Lanier and that after such date persons renewing registrations for affected vessels must certify compli ance on their next date of renewal; to provide that persons registering affected vessels after July 1, 1988, for vessels to be operated or floated on Lake Sidney Lanier must comply; to require that any vessel operated or floated on Lake Sidney Lanier which has a marine toilet must be registered and a certificate must be obtained; to require the maintenance of certain records; to provide that vessels must display certificates certifying compliance; to provide that vessel owners must pay a fee for such certificates; to provide for the disposition of such fees; to provide penalties for failure to obtain certificates or for falsifying information; to provide for law enforcement officers to board vessels to determine compliance; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, is amended by adding to the end thereof the following:
"(c) As applied to the waters of Lake Sidney Lanier, it shall be unlawful for any person to operate or float a vessel having a marine toilet as the term is defined in Code Section 527-3 unless such marine toilet only discharges into a holding tank as the term is defined in Code Section 52-7-3; and it shall further be unlawful to operate or float such a vessel, whether moored or not, unless it has a certificate for such holding tank issued by the de partment affixed thereto."
Section 2. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," is amended by striking Code Section 52-7-3, relat ing to definitions, in its entirety and substituting in lieu thereof a new Code Section 52-7-3 to read as follows:
"52-7-3. As used in this article, the term:
(1) 'Blind point' means that portion of any of the waters of this state in which there is a natural or man-made obstruction which prevents the operator of a vessel from seeing vessels approaching from the opposite side of the obstruction, thus creating a safety hazard which could result in a boating accident.
(2) 'Board' means the Board of Natural Resources.
(3) 'Boat livery' means a business which holds any vessel for renting, leasing, or chartering.
(4) 'Commissioner' means the commissioner of natural resources.

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(5) 'Dealer' means any person engaged in the business of manufacturing vessels or sell ing new or used vessels at an established place of business.
(6) 'Department' means the Department of Natural Resources.
(7) 'Discharged' means, and shall include, spilled, leaked, pumped, poured, emitted, or dumped.
(8) 'Holding tank' means any container which is designed to receive and hold sewage and other wastes discharged from a marine toilet, and which is constructed and installed in such a manner that it can only be emptied by pumping out the contents of such holding tank.
(9) 'Idle speed' means a slow speed maintained by the operator of a mechanically pro pelled vessel reached by engaging the engine of the vessel into said speed by reducing the throttle to a minimum.
(10) 'Marine toilet' includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage and any process to treat such sewage. A marine toilet must be equipped with a holding tank which can be emptied only by pump ing out.
(11) 'Mechanically propelled vessel' means, for the purpose of determining fire extin guisher requirements, those vessels propelled by machinery using a volatile liquid for fuel.
(12) 'Nonmotorized vessel' means any vessel other than a sailboat which has no motor attached in a manner to make it readily available for operation.
(13) 'No wake' means that the wake or wash created by the movement of the vessel through the water is minimal.
(14) 'Operate' means to navigate or otherwise use a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery.
(15) 'Operator' means the person who operates or has charge of the navigation or use of a vessel.
(16) 'Owner' means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation but the term excludes a lessee under a lease not intended as security.
(17) 'Person' means an individual, partnership, firm, corporation, association, or other legal entity.
(18) 'Personal flotation device' means any lifesaving device classified and approved as Type I, Type II, Type III, Type IV, or Type V (Hybrid) by the United States Coast Guard.
(19) 'Portable marine toilet' means any device which is movable or portable and is not permanently installed on a vessel, and which is designed to receive and temporarily retain sewage.
(20) 'Power boat' means any boat, vessel, or water-going craft which is propelled by mechanical rather than manual means whether or not such propulsion device forms an inte gral part of the structure thereof.
(21) 'Protected fresh waters' means the waters of Lake Sidney Lanier.
(22) 'Reportable boating accident' means an accident, collision, or other casualty involv ing a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $200.00.
(23) 'Sewage' means human body wastes and the waste from toilets and other recepta cles intended to receive or retain body wastes.

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(24) 'Undocumented vessel' means a vessel which is not required to have and does not have a valid marine document issued by the United States Coast Guard or federal agency successor thereto.
(25) 'Vessel' means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water and specifically in cludes, but is not limited to, inflatable rafts.
(26) 'Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. This definition shall not include privately owned ponds or lakes not open to the public."
Section 3. Said article is further amended by adding immediately following Code Sec tion 52-7-8 a new Code Section 52-7-8.1 to read as follows:
"52-7-8.1. (a) (1) The General Assembly finds that because of the great number of ves sels having marine toilets which are operated or moored on Lake Sidney Lanier, it is neces sary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from such vessels into the waters of said lake. The General Assembly finds that the volume of vessels on Lake Sidney Lanier far exceeds such volume on other fresh water lakes in Georgia, and, therefore, special protection for the waters of such lake is required.
(2) Because of the findings stated in paragraph (1) of this subsection, it is declared to be the intent of the General Assembly to protect and enhance the quality of the waters of Lake Sidney Lanier by requiring greater environmental protection than is provided pursu ant to Section 312 of the Federal Water Pollution Control Act, as amended, such that any discharge of sewage from a vessel into the waters of such lake shall be prohibited.
(b) It shall be unlawful for any person to operate or float a vessel, whether moored or not, on protected fresh waters, from which sewage is discharged into such protected fresh waters.
(c) It shall be unlawful to operate or float any vessel on protected fresh waters which has located within or on such vessel a marine toilet, unless such marine toilet is designed and operated to prevent the discharge of sewage, treated or untreated, into protected fresh waters and is equipped with a holding tank, as the term is defined in Code Section 52-7-3, which is constructed and installed in such a manner that it can be emptied only by pumping out.
(d) It shall be unlawful to pump out any sewage from a holding tank except into a pump-out facility approved by the department. It shall also be unlawful to discharge or dispose of the wastes from a portable marine toilet into protected fresh waters except into a pump-out facility approved by the department or into a permanent toilet or sewer system located on dry land.
(e) It shall be unlawful for any person to operate or float a vessel having a marine toilet whether moored or not, on protected fresh waters, unless it has a certificate issued by the department affixed thereto immediately adjacent to its registration number. No certificate may be issued unless a marine toilet and holding tank as the terms are defined in Code Section 52-7-3 have been properly installed on the vessel.
(f) Applications shall be signed by the owner or owners of the vessel and shall be ac companied by a fee of $5.00. A certificate issued under this Code section shall continue in full force and effect, and shall not require renewal; provided, however, that the certificate shall become invalid if it is determined that a false or fraudulent statement was made in the application. Notwithstanding any other provision of law, the department is authorized to retain all funds generated by the operation of its program to require certificates for marine toilets under this Code section for use in the operation of that program. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid

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into the state treasury; provided, further, that the department shall comply with all provi sions of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds.
(g) This Code section shall apply on and after July 1, 1988, for all vessels on protected fresh waters, whether or not they are registered. Each owner of a vessel registered prior to July 1,1988, shall declare the existence of any marine toilet on the vessel and shall apply for a certificate for the marine toilet at the first date of renewal of the vessel's registration after July 1, 1988, if said vessel is to be operated or floated on protected fresh waters. For vessels registered after July 1, 1988, which will be operated or floated on protected fresh waters, each vessel owner shall declare the existence of any marine toilet and apply for a certificate for the marine toilet at the same time application is made to register a vessel. Regardless of any other provisions of this title to the contrary, any vessel which has a marine toilet and which is to be operated or floated on protected fresh waters must be registered and must obtain a certificate pursuant to this Code section.
(h) Any person owning a vessel with a marine toilet, who does not obtain a certificate for such toilet upon the issuance or first renewal of the vessel's registration after July 1, 1988, if such vessel is operated or floated on protected fresh waters, and any person who falsifies information about the existence of a marine toilet or holding tank in an application for a certificate, shall be guilty of a misdemeanor and shall be subject to the penalties asso ciated with misdemeanors.
(i) Persons operating or floating vessels with marine toilets and subject to the require ments of this Code section shall create and maintain for at least one year after creation, records which indicate the name and location of pump-out facilities used and the dates of such use. Persons who own or operate pump-out facilities shall also create and maintain for at least one year after creation, records which indicate the name and vessel registration number, the date of pump-out, and verification of pump-out."
Section 4. Said article is further amended by adding immediately following paragraph (4) of subsection (b) of Code Section 52-7-25, relating to enforcement of article, a new para graph (4.1) to read as follows:
"(4.1) To board vessels in use or floating, whether moored or not, for purposes of exam ining any marine toilets, holding tanks, and documents related to them, including records of pump-out and certificates of compliance, and to search without warrant any such vessel to determine compliance with the provisions of this article related to marine toilets when the officer believes that any of said provisions of this article relating to marine toilets have been violated;".
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen Brannon

Broun Burton Coverdell Crumbley Deal

Dean Echols Edge Fincher Garner

WEDNESDAY, MARCH 2, 1988

1745

Gillis Harris Harrison Hine Howard Hudgins
Huggins Johnson Kidd

McGill McKenzie Newbill Olmstead Peevy Phillips
Ragan of 10th Ragan of 32nd Ray

Scott of 36th Starr Stumbaugh Tate _, . Taylor
Timmons Turner Tysinger

Those not voting were Senators:

Baldwin Barnes Bryant Coleman Dawkins

English Engram Foster Kennedy Land

Langford Perry Scott of 2nd Shumake Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1470. By Representative Jackson of the 9th:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions and motor vehicles and traffic, so as to provide a definition for all-terrain vehicles; to exclude mopeds and all-terrain vehicles for the defini tion of motorcycles.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen B,,BCrruourumt. onbnley
Dawkins
Deal
Dean
Echols Edge

Engram Gillis Harris Harrison Hine JHTHToouhwdnigsaiorndns
Langford
McGill
McKenzie
Newbill Olmstead

Perry

Phillips

Ragan of 10th

Ragan of 32n(i

^

SQo0ccoot.t,tt

01f of

320 n6dtjh,

Stumbaugh

Tate

Taylor

Turner

Tysinger

Those voting in the negative were Senators:

Brannon

Fincher

Huggins

Those not voting were Senators:

Allgood

Bryant

Coleman

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Coverdell English
Foster Garner

Kennedy Kidd
Land Peevy

Shumake Starr
Timmons Walker

On the passage of the bill, the yeas were 38, nays 3.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 375. By Senators Tate of the 38th, Kidd of the 25th, Allgood of the 22nd and others: A resolution creating the Joint Medicaid Study Committee.

The Senate Committee on Human Resources offered the following substitute to SR 375:

A RESOLUTION
Creating the Senate Medicaid Study Committee; and for other purposes.
WHEREAS, Medicaid continues to be the primary source of funds for the provision of medical care to the poor; and
WHEREAS, Medicaid's reimbursement schedules often deter physician and hospital participation in the program; and
WHEREAS, the state needs to make certain that Medicaid eligible persons receive ade quate medical care from medical providers; and
WHEREAS, professional review of such care by Medicaid providers needs to be investi gated; and
WHEREAS, Medicaid providers, recipients, and the state must all cooperate to ensure that adequate medical care is provided with adequate reimbursement therefor.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Medicaid Study Committee to be composed of five members of the Senate and three physicians to be appointed by the President of the Senate. The President of the Senate shall designate the chairman of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The Department of Medical As sistance and the Department of Human Resources shall cooperate with and assist the com mittee in its study. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The physician mem bers of the committee shall receive no allowances or compensation for their services on the committee. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1988. The committee shall stand abol ished on December 1, 1988.

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1747

Senator Tate of the 38th offered the following amendment:
Amend the substitute to SR 375 offered by the Senate Committee on Human Resources by adding on page 1, line 19, after the word "Senate" the following:
", two registered nurses," and by adding on page 2, line 16, after the word "physician" the following:
"and registered nurse".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to SR 375 offered by the Senate Committee on Human Resources by adding on page 1, line 19, after "Senate" the following:
", two of which must be a member of the Appropriations or Human Resources Commit tee of the Senate,".
On the adoption of the amendment, the yeas were 33, nays 1, and the amendment was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bowen Brannon
~lrlyou*nnt BCoulretomnan Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Garner
Gillis Harris
HHianrerison THToward, Hudgins Huggins Johnson Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry
Phillips Ragan of 10th
RRaaygan of 32nd ,,Sco,t,t of,. ,,2nd, Scott of 36th Stumbaugh Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Allgood Foster Kennedy

Land Shumake

Starr Turner

On the adoption of the resolution, the yeas were 49, nays 0.

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The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 100. By Senators Crumbley of the 17th, Starr of the 44th and Howard of the 42nd:
A bill to provide a pretrial review of proceedings by the Supreme Court in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that the judgments, rulings, and orders in pretrial proceedings of a case in which the death penalty is sought shall be directly appealable as part of the pretrial review.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 669. By Representative Martin of the 26th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to authorize the judge of the probate court to require the initial posting of the bond of a guardian for a period greater than one year; to provide that upon the resignation or removal of a guardian or other termination of a guardianship, the probate court retains jurisdiction over the guardian until a final settlement of accounts is made.
Senate Sponsor: Senator Peevy of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon
BCoulretomnan
Crumbley Dawkins Dean Echols Edge Engram

Fincher Garner Gillis Harris Harrison
Mine "oward HJouhdngsmons
Kidd Langford McGill McKenzie Newbill Olmstead

Peevy Phillips Ragan of 10th Ragan of 32nd jjav
Scott of 2nd Scott of 36th 0St. umb, augh,
Tate Taylor Timmons Turner Tysinger Walker

WEDNESDAY, MARCH 2, 1988

1749

Those not voting were Senators:

Allgood Barker Coverdell Deal

English Foster Huggins Kennedy

Land Perry Shumake Starr

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1565. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change the provisions relat ing to the sale of business opportunities; to provide for the Secretary of State to be the agent for service of process; to provide that multilevel distribution compa nies shall be regulated in the same manner as companies which sell business opportunities.
Senate Sponsor: Senator Edge of the 28th.

The Senate Committee on Industry and Labor offered the following substitute to HB 1565:

A BILL
To be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change the provisions relat ing to the sale of business opportunities; to provide for the Secretary of State to be the agent for service of process; to provide that multilevel distribution companies shall be regu lated in the same manner as companies which sell business opportunities; to provide that contracts of multilevel distribution companies shall be in writing and shall contain certain information; to prohibit multilevel distribution companies from engaging in certain activi ties; to require multilevel distribution companies to procure bonds under certain circum stances; to require multilevel distribution companies to file a registration report with the administrator; to provide for applicability; to delete certain provisions relating to multilevel distribution companies; to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change certain provi sions and references to multilevel distribution companies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety Part 3 of Article 15, relating to the sale of business opportunities, and inserting in lieu thereof a new Part 3 to read as follows:
"Part 3
10-1-410. As used in this part, the term:
(1) 'Agreement' means any agreement relating to a business opportunity or multilevel distribution company, including, but not limited to, the contract.
(2) (A) 'Business opportunity' means the sale or lease of, or offer to sell or lease, any products, equipment, supplies, or services for the purpose of enabling the purchaser to start a business and in which the seller or company represents:
(i) That the seller or company will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency operated amusement machines or devices;

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(ii) That the seller or company will purchase any or all products made, produced, fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the sup plies, services, or chattels sold to the purchaser;
(iii) That, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, the purchaser may or will derive income from the business opportunity which exceeds the initial payment for the business opportunity; or that the seller or company will refund all or part of the price paid for the business opportunity or repurchase any of the products, equipment, supplies, or chattels supplied by the seller or company, if the purchaser is dissatisfied with the business opportunity; or
(iv) That the company, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, will provide a sales program or marketing pro gram; provided, however, that this paragraph shall not apply to the sale of a marketing program made in conjunction with the licensing of a registered trademark or service mark.
(B) The term 'business opportunity' does not include:
(i) The sale of an ongoing business when the owner of that business sells and intends to sell only that one business opportunity;
(ii) Any relationship created solely by or involving:
(I) The relationship between an employer and an employee or among general business partners; or
(II) Membership in a bona fide cooperative association or transactions between bona fide cooperative associations and their members. As used in this subdivision, the term 'coop erative association' means either (1) an association of producers of agricultural products organized pursuant to Article 3 of Chapter 10 of Title 2 or statutes similar thereto enacted by other states, or (2) an organization operated on a cooperative basis by and for indepen dent retailers which wholesales goods or furnishes services primarily to its member-retailers;
(iii) Any agribusiness corporation; or
(iv) Any insurance agency.
(3) 'Business opportunity seller or company' means any corporation, whether domestic or foreign, or any business, whether a partnership, limited partnership, sole proprietorship, joint venture, association, trust, unincorporated organization, or other entity, which shall solicit, advertise, offer, or contract for any business opportunity or cause to be solicited, advertised, offered, or contracted for any business opportunity in this state.
(4) 'Company' means any multilevel distribution company or business opportunity com pany or seller.
(5) 'Initial payment' means the total amount a purchaser or participant is obligated to pay under the terms of an agreement before or at the time of delivery of the goods or ser vices to the purchaser or participant or within six months of the date that the purchaser or participant commences operation of the business. If the agreement states a total price and provides that the total price is to be paid partially as an initial cash payment and the re mainder in specific monthly payments, the term means the total price. The term does not include any amount required by the seller to be deposited as security for the performance by a purchaser or participant of the operation of the business or that secures an extension of credit.
(6) 'Multilevel distribution company' means any person, firm, corporation, or other bus iness entity which sells, distributes, or supplies for a valuable consideration goods or services through independent agents, contractors, or distributors at different levels wherein such participants may recruit other participants and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends, or other considerations in the program are or may be paid as a result of the sale of such goods or services or the recruitment, actions, or perform ances of additional participants. The term shall not include licensed insurance agents or

WEDNESDAY, MARCH 2, 1988

1751

insurance agencies. A multilevel distribution company which is not operating in compliance with this part shall be considered an unlawful pyramid club under Code Section 10-12-38.
(7) 'Participant' means anyone who participates at any level in a multilevel distribution company.
(8) 'Person' means any individual, corporation, partnership, joint venture, association, trust, unincorporated organization, or other entity and shall include any other person that has a substantive interest in or effectively controls such person as well as the individual officers, directors, general partners, trustees, or other individuals in control of the activities of such person.
(9) 'Purchaser' means any person who is solicited to become obligated, or does become obligated, under any agreement.
(10) 'Seller' means any multilevel distribution company or it means any person who offers to sell to individuals any business opportunity, either directly or through any agent.
10-1-411. (a) No multilevel distribution company or participant in its marketing pro gram shall:
(1) Operate or, directly or indirectly, participate in the operation of any multilevel mar keting program wherein the financial gains to the participants are primarily dependent upon the continued, successive recruitment of other participants and where sales to nonparticipants are not required as a condition precedent to realization of such financial gains;
(2) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, over ride, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program solely for the solicitation or recruitment of other participants therein;
(3) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, over ride, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program in connection with the sale of any product or service unless the participant performs a bona fide supervisory, distributive, selling, or soliciting function in the sale or delivery of such product or services to the ultimate consumer;
(4) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, over ride, commission, cross-commission, dividend, or other consideration to any participant:
(A) Where payment thereof is or would be dependent on the element of chance domi nating over the skill or judgment of such participant;
(B) Where no amount of judgment or skill exercised by the participant has any appreci able effect upon any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration which the participant may receive; or
(C) Where the participant is without that degree of control over the operation of such plan as to enable him substantially to affect the amount of finder's fee, bonus, refund, over ride, commission, cross-commission, dividend, or other consideration which he may receive or be entitled to receive; or
(5) Represent, directly or by implication, that participants in a multilevel marketing program will earn or receive any stated gross or net amount or represent in any manner the past earnings of participants except as may be permitted under this part; provided, how ever, that a written or verbal description of the manner in which the marketing plan oper ates shall not, standing alone, constitute a representation of earnings, past or future. Mul tilevel distribution companies shall not represent, directly or by implication, that it is relatively easy to secure or retain additional distributors or sales personnel or that most participants will succeed.
(b) At least 48 hours prior to the time the purchaser signs a business opportunity con tract or at least 48 hours prior to the receipt of any consideration by the seller, whichever occurs first, the seller must provide the prospective purchaser a written document, the cover

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sheet of which is entitled in at least ten-point boldface capital letters: 'DISCLOSURES RE QUIRED BY GEORGIA LAW.' Under this title shall appear the statement in at least tenpoint type that:

'The State of Georgia has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract or agreement.'

Nothing except the title and required statement shall appear on the cover sheet. The disclo sure document shall contain the following information:

(1) The name of the company; whether the company is doing business as a proprietor ship, partnership, or corporation; the names under which the company has done, is doing, or intends to do business; and the name of any parent or affiliated company that will engage in business transactions with purchasers or which takes responsibility for statements made by the seller;

(2) The names, addresses, and titles of the company's officers, directors, trustees, gen eral partners, general managers, principal executives, and any other persons charged with responsibility for the company's business activities relating to the sale of business opportunities;

(3) The length of time the company has:

(A) Sold the business opportunities; and

(B) Sold business opportunities involving the products, equipment, supplies, or services currently offered to the purchaser;

(4) A full and detailed description of the actual services that the seller or company undertakes to perform for the purchaser;

(5) A copy of a current (not older than 13 months) financial statement of the company, updated to reflect any material changes in the company's financial condition;

(6) If training of any type is promised by the seller or company, a complete description of the training and the length of the training;

(7) If the seller or company promises services to be performed in connection with the placement of equipment, product, or supplies at various locations, the full nature of those services as well as the nature of the agreements to be made with the owners or managers of those locations where the purchaser's equipment, product, or supplies will be placed;

(8) If the company is required to secure a bond or establish a trust deposit pursuant to Code Section 10-1-412, either of the following statements:

(A) 'As required by Georgia law, the company has secured a bond issued by

(name and address of surety company)
a surety company authorized to do business in this state. Before signing a contract to purchase this business opportunity, you should check with the surety company to determine the bond's current status.'; or

(B) 'As required by Georgia law, the company has established a trust account

. with .

(number of account)

(Name and address of bank or savings institution)

Before signing a contract to purchase this business opportunity, you should check with the

bank or savings institution to determine the current status of the trust account.';

WEDNESDAY, MARCH 2, 1988

1753

(9) The following statement:
'If the company fails to deliver the product, equipment, or supplies necessary to begin substantial operation of the business within 45 days of the delivery date stated in your contract, you may notify the company in writing and demand that the contract be canceled.';
(10) If the seller or company makes any statement concerning sales or earnings or range of sales or earnings that may be made through this business opportunity, the following disclosures:
(A) The total number of purchasers of business opportunities involving the product, equipment, supplies, or services being offered who, to the company's knowledge, have actu ally received earnings in the amount or range specified within three years prior to the date of the disclosure statement; and
(B) The total number of purchasers of business opportunities involving the product, equipment, supplies, or services being offered within three years prior to the date of the disclosure statement;
(11) The following statement:
'The company selling a business opportunity or the seller shall collect no more than 15 percent of the purchase price. The balance of the purchase price shall be paid into an es crow account, established with a bank or an attorney, which is agreed upon by both parties. The balance in escrow shall be paid to the company 60 days after the date the purchaser commences operation of the business or upon complete compliance with the terms of the contract, whichever happens first.'; and
(12) The seller's principal business address and the name and address of its agent in this state authorized to receive service of process.
(c) In lieu of the disclosures required by paragraphs (1) through (7), (9), and (10) of subsection (b) of this Code section, a seller may utilize the documents prescribed by the Federal Trade Commission, pursuant to Title 16, Chapter 1, Subchapter D, Trade Regula tion Rules, Part 436--Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures, provided that the seller shall provide the prospective purchaser with a separate written cover sheet which is entitled in at least ten-point boldface capital letters: 'DISCLOSURES REQUIRED BY GEORGIA LAW.' Under this title shall appear the statement in at least ten-point type that:
'The State of Georgia has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract or agreement.'
Nothing except the title and required statement shall appear on the cover sheet.
10-1-412. (a) Any business opportunity seller or company which makes any of the repre sentations set forth in division (2)(A)(iii) of Code Section 10-1-410 and any multilevel distri bution company must either have obtained a surety bond issued by a surety company au thorized to do business in this state or have established a trust account with a licensed and insured bank or savings institution located in this state. The amount of the bond or trust account shall be an amount not less than $75,000.00. The bond or trust account shall be in favor of the state for the benefit of any person who is damaged by any violation of this part or by the seller's or company's breach of the contract or agreement or of any obligation arising therefrom. Such person may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account. A multilevel distribution company which requires an initial payment of less than $250.00 from each participant shall be exempt from the requirements of this Code section.
(b) In any sale of a business opportunity, the seller shall collect no more than 15 per-

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cent of the total purchase price, with the balance to be placed in an independent escrow account agreed upon by both parties. The balance in the escrow account shall be paid to the seller 60 days after the date the purchaser commences operation of the business or upon complete compliance with the terms of the contract, whichever happens first.
10-1-413. (a) Every multilevel distribution company intending to have participants in this state, with an agreement made in this state, or with its principal place of business in this state, shall file with the administrator appointed pursuant to Code Section 10-1-395, prior to obtaining any participants in this state or elsewhere, a copy of the contract and any material incorporated therein by reference to be used with participants and a disclosure statement containing the following:
(1) The name of the company; whether the company is doing business as a proprietor ship, partnership, or corporation; the names under which the company has done, is doing, or intends to do business; and the name of any parent or affiliated company that will engage in business transactions with participants;
(2) The names, addresses, and titles of the company's officers, directors, and trustees;
(3) The length of time the company has:
(A) Been engaged in multilevel distribution; and
(B) Been engaged in multilevel distributions involving the types of products, equip ment, supplies, or services currently offered to the purchaser; and
(4) A detailed description of the levels of distribution in the multilevel program, the manner in which participants will be compensated, and the extent or amount of any compensation.
(b) The seller of every business opportunity shall file with the administrator appointed pursuant to Code Section 10-1-395 a copy of the disclosure statement required by subsec tion (b) of Code Section 10-1-411 prior to the placing of any advertisement or making any other representations to prospective purchasers in this state.
(c) Every seller shall update the filing as required by this Code section as any material change in the required information occurs, but no less than annually. If the seller is required by Code Section 10-1-412 to provide a bond or establish a trust account, he shall contempo raneously file with the administrator either the bond or formal notification by the deposi tory that the trust account is established.
(d) The administrator appointed pursuant to Code Section 10-1-395 shall be authorized to charge and collect a fee which reflects the cost of the filing and updating the documents with his office required by this part, not to exceed $100.00.
(e) (1) Upon the filing of the required documents and upon the administrator's finding of compliance with the requirements of this part, the administrator shall issue to a business opportunity seller an advertisement identification number and shall notify a multilevel dis tribution company that it is registered properly with the administrator.
(2) The business opportunity seller shall disclose the advertisement identification num ber to each person with whom he places advertising, which number shall be recorded by the persor receiving the advertising, so that the advertising media may verify the authenticity of the registration.
10-1-414. Sellers shall not:
(1) Represent that a business opportunity or multilevel program provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential, which data shall be furnished to the administrator or his representatives upon request;
(2) Use the trademark, service mark, trade name, logotype, advertising, or other com mercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller unless it is clear

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from the circumstances that the owner of the commercial symbol is not involved in the business opportunity or multilevel distribution company; or
(3) Make or authorize the making of any reference to its compliance with this part in any advertisement or other contract with purchasers or participants or in any manner re present, explicitly or implicitly, that the State of Georgia or any department, agency, officer, or employee has reviewed, approved, sanctioned, or endorsed a business opportunity or mul tilevel program, except as provided in paragraph (5) of subsection (c) of Code Section 10-1415.
10-1-415. (a.) Every business opportunity or multilevel distribution contract shall be in writing, and a copy shall be given to the purchaser or participant at the time he signs the contract.
(b) Every contract or any material incorporated therein by reference shall include the following:
(1) The terms and conditions of payment;
(2) A full and detailed description of the acts or services that the seller undertakes to perform for the purchaser or participant;
(3) The seller's principal business address; and
(4) The approximate delivery date of any products, equipment, or supplies that the seller is to deliver to the purchaser or participant.
(c) In addition to the information required in subsection (b) of this Code section, every multilevel distribution contract, or an addendum thereto, shall contain the following:
(1) If training of any type is promised by the seller or company, a complete description of the training and the length of the training;
(2) If a bond is required under Code Section 10-1-412, the following statement:
'As required by Georgia law, the company has secured a bond or established a trust account for your protection. Information regarding this bond or trust account is on file with the Georgia Governor's Office of Consumer Affairs.';
(3) If the participant will be under any obligation to make any payment after the agree ment has been entered into, a statement in ten-point boldface type as follows:
'A participant in this multilevel marketing plan has a right to cancel at any time, re gardless of reason. Cancellation must be submitted in writing to the company at its princi pal business address.';
(4) A description of any cancellation rights; and
(5) A statement that further information regarding the company is on file with the state's Office of Consumer Affairs.
(d) Cancellation rights pursuant to paragraph (4) of subsection (c) of this Code section must, at a minimum, provide the following:
(1) If the participant has purchased products or paid for administrative services while the contract of participation was in effect, the seller shall repurchase all unencumbered products in a reasonably resalable or reusable condition which were required by the partici pant from the seller; such repurchase shall be at a price not less than 90 percent of the original net cost to the participant returning the goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel;
(2) The repayment of all administrative fees or services shall be at not less than 90 percent of the costs to the participant of such fees or services and shall reflect all adminis trative services that have not, at the time of termination, been provided to the participant. The seller shall further refund at not less than 90 percent of the cost to the participant any other consideration paid by the participant in order to participate in the program; and

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(3) The participant may be held responsible for all shipping expenses incurred in re turning sales aids or products to the company but only if such responsibility of a cancelling participant is disclosed in the written description of the cancellation rights.
(e) The provisions of subsections (c) and (d) of this Code section shall not apply to any multilevel distribution company until December 31, 1988.
10-1-416. (a) Each seller numbering among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, shall file with the administrator appointed pursuant to Code Section 10-1-395 a statement giving notice of this fact and irrevocably appointing the Secretary of State of this state as its agent for service of process for any alleged violation of this part. Such written notice shall further set forth the intention of such seller to abide by this part. Compliance with this Code section shall not in and of itself subject any seller to the provi sions or consequences of any other statute of this state.
(b) Any seller which numbers among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, and which fails to comply with subsection (a) of this Code section shall be deemed to have thereby irrevocably appointed the Secretary of State as its agent for service of process for any alleged violation of this part.
(c) Service shall be made by delivering to and leaving with the Secretary of State dupli cate copies of such process, notice, or demand, together with an affidavit giving the last known post office address of such seller; and such service shall be sufficient if notice thereof and a copy of the process, notice, or demand are forwarded by registered mail or certified mail addressed to such seller at the address given in such affidavit.
10-1-417. (a) If a business opportunity seller uses any untrue or misleading statements; or fails to comply with Code Section 10-1-411; or fails to deliver the equipment, supplies, or products necessary to begin substantial operation within 45 days of the delivery date stated in the contract; of if the seller does not comply with the requirements of Code Section 10-1415 or of Code Section 10-1-416, then, within one year of the date of the contract, upon written notice to seller, the purchaser or participant may void the contract and shall be entitled to receive from the seller all sums paid to the seller. Upon receipt of such sums, the purchaser or participant shall make available to the seller at purchaser's or participant's address or at the places at which they are located at the time notice is given, all products, equipment, or supplies received by the purchaser or participant. However, the purchaser or participant shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection.
(b) The violation of any provision of this part shall constitute an unfair or deceptive act or practice in the conduct of a consumer act or practice or consumer transactions under Part 2 of this article, the 'Fair Business Practices Act of 1975.'
(c) Nothing contained in this part shall be construed to limit, modify, or repeal any provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973,' including, But not limited to, the definition of the term 'security' as contained in paragraph (16) of subsection (a) of Code Section 10-5-2.
(d) Any person who fails to comply with this part shall be guilty of a misdemeanor of a high and aggravated nature. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; and, if the violator is a sole propri etorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no per son shall be subjected to a like penalty if the person did not have actual knowledge of the acts violating this part."
Section 2. Said chapter is further amended by striking in its entirety Article 17, relating to multilevel distribution companies, which reads as follows:

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"ARTICLE 17
10-1-510. As used in this article, the term 'multilevel distribution company" means any person, firm, corporation, or other business entity which sells, distributes, or supplies for a valuable consideration goods or services through independent agents, contractors, or distrib utors, at different levels wherein such participants may recruit other participants and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends, or other considerations in the program are or may be paid as a result of the sale of such goods or services or the recruitment, actions, or performances of additional participants.
10-1-511. (a) Every multilevel distribution company shall provide in its contract of par ticipation that the contract may be canceled for any reason at any time by a participant upon notification in writing to the company of his election to cancel. If the participant has purchased products while the contract of participation was in effect, all unencumbered products in a resalable condition then in the possession of the participant shall be repur chased. The repurchase shall be at a price of not less than 90 percent of the original net cost to the participant returning the goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel.
(b) No multilevel distribution company nor any participant shall require participants in its marketing program to purchase products or services or pay any other consideration in order to participate in the marketing program unless the product or services are in reasona ble quantities and unless it agrees:
(1) To repurchase all or part of any products which are unencumbered and in a resala ble condition at a price of not less than 90 percent of the original net cost to the participant, taking into account any sales made by or through the participant prior to notification to the company of election to cancel;
(2) To repay not less than 90 percent of the original net cost of any services purchased by the participant; or
(3) To refund not less than 90 percent of any other consideration paid by the partici pant in order to participate in the marketing program.
(c) No multilevel distribution company or participant in its marketing program shall:
(1) Operate or, directly or indirectly, participate in the operation of any multilevel mar keting program wherein the financial gains to the participants are primarily dependent upon the continued, successive recruitment of other participants and where sales to nonparticipants are not required as a condition precedent to realization of such financial gains;
(2) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, over ride, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program solely for the solicitation or recruitment of other participants therein;
(3) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, over ride, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program in connection with the sale of any product or service unless the participant performs a bona fide supervisory, distributive, selling, or soliciting function in the sale or delivery of such product or services to the ultimate consumer; or
(4) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, over ride, commission, cross-commission, dividend, or other consideration to any participant:
(A) Where payment thereof is or would be dependent on the element of chance domi nating over the skill or judgment of such participant;
(B) Where no amount of judgment or skill exercised by the participant has any appreci able effect upon any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration which the participant may receive; or
(C) Where the participant is without that degree of control over the operation of such

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plan as to enable him substantially to affect the amount of finder's fee, bonus, refund, over ride, commission, cross-commission, dividend, or other consideration which he may receive or be entitled to receive.
(d) Multilevel distribution companies shall not represent, directly or by implication, that participants in a multilevel marketing program will earn or receive any stated gross or net amount or represent in any manner the past earnings of participants; provided, however, that a written or verbal description of the manner in which the marketing plan operates shall not, standing alone, constitute a representation of earnings, past or future. Multilevel distribution companies shall not represent, directly or by implication, that it is relatively easy to secure or retain additional distributors or sales personnel or that all or substantially all participants will succeed.
10-1-512. (a) Each multilevel distribution company numbering among its participants any resident of this state shall file with the state's Attorney General a statement giving notice of this fact and designating the Secretary of State of this state as its agent for service of process for any alleged violation of this article. Such written notice shall further set forth the intention of such multilevel distribution company to abide by this article. Compliance with this Code section shall not in and of itself subject any multilevel distribution company to the provisions or consequences of any other statute of this state.
(b) Any multilevel distribution company which numbers among its participants any res ident of this state and which fails to comply with subsection (a) of this Code section shall be deemed to have thereby appointed the Secretary of State its agent for service of process for any alleged violation of this article.
(c) Service shall be made by delivering to and leaving with the Secretary of State dupli cate copies of such process, notice, or demand, together with an affidavit giving the latest known post office address of such multilevel distribution company; and such service shall be sufficient if notice thereof and a copy of the process, notice, or demand are forwarded by registered mail or certified mail addressed to such company at the address given in such affidavit.
10-1-513. The Attorney General or the district attorney of any county may petition the superior court to enjoin in whole or in part the activities of any multilevel distribution com pany whose activities violate this article; provided, however, that the Attorney General or district attorney shall not seek such injunctive relief without first giving the company ten days' written notice of any claimed violation. The notice is to be directed to the company's principal place of business and shall be sent either certified or registered United States mail.
10-1-514. Each violation of this article shall be punishable by a fine not to exceed $10,000.00. In addition thereto, if the violator is a corporation, each of its officers and direc tors may be subjected to a like penalty; and, if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty.",
and inserting in lieu thereof the following:
"ARTICLE 17
RESERVED"
Section 3. Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking in its entirety Code Sec tion 16-12-38, relating to chain letter clubs, pyramid clubs, etc. declared to be lotteries, and inserting in lieu thereof a new Code Section 16-12-38 to read as follows:
"16-12-38. The organization of any chain letter club, pyramid club, or other group or ganized or brought together under any plan or device whereby fees or dues or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision for the increase in such mem bership through a chain process of new members securing other new members and thereby

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advancing themselves in the group to a position where such members in turn receive fees, dues, or things of material value from other members, is declared to be a lottery; and who ever shall participate in any such lottery by becoming a member of, or affiliating with, any such group or organization or whoever shall solicit any person for membership or affiliation in any such group or organization shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that this Code section shall not include a 'multilevel distribution company,' as defined in paragraph (o) of Code Section 10-1-410, which is operating in com pliance with Part 3 of Article 15 of Title 10."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
owen rannon Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Garner
Gillis Harrison Howard Hudgins Huggins Johnson Kidd Langford McGill McKenzie

Newbill Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Allgood
Coverdell English Foster Harris

Hine Kennedy
Land Olmstead

Shumake Starr
Taylor Timmons

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

SB 402. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted application for an absen tee ballot as a change of address notification.

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The House substitute to SB 402 was as follows:
A BILL
To be entitled an Act to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted application for an absentee ballot as a change of address notification; to amend Article 6 of Chapter 3 of Title 21 of the Offi cial Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to provide that the board of registrars may accept a properly submitted application for an absentee ballot as a change of address notification; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In the event any elector moves to a residence within the county and has a different address from the address contained on the person's registration card, it shall be his duty to notify the board of registrars of such fact 30 days prior to the primary or election in which he wishes to vote by submitting the change of address in writing, under oath; and the board of registrars shall place such person's name on the proper list of electors at least five days prior to such primary or election. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county which is different from the address contained on the person's registration card."
Section 2. Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, is amended by striking in its en tirety Code Section 21-3-140, relating to the procedure upon change of residence of an elec tor, and inserting in lieu thereof a new Code Section 21-3-140 to read as follows:
"21-3-140. In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact by submitting the change of address in writing, under oath; and the board shall place such person's name on the proper list of electors. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the municipality which is different from the address contained on the person's registration card. Any elector who moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact prior to an election or primary shall vote in the precinct of his former residence for such election or primary and for any runoffs resulting therefrom. The superin tendent of an election shall make available at each polling place forms which shall be com pleted by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of regis trars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previ ously been voting, he shall be notified of his new polling place by first-class mail."
Section 3. This Act shall become effective on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 402.

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1761

On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen *lannm
Bryant Burton
Coleman Deal Dean Echols Engram

Fincher Garner Gillis Harris Hine Hward
Sns8 Johnson
Kidd Langford McGill McKenzie Olmstead

Those not voting were Senators:

Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd
t'YT Stumbaugh
Tate Timmons Turner Tysinger Walker

Allgood Coverdell Crumbley Dawkins Edge

English Foster Harrison Kennedy Land

Newbill Ragan of 10th Shumake Starr Taylor

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 402.

SB 411. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to es tablish The Council of Probate Court Judges of Georgia; to provide for officers and organization; to provide for the purpose of the council; to provide for expenses.

The House substitute to SB 411 was as follows:

A BILL

To be entitled an Act to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to estab lish The Council of Probate Court Judges of Georgia; to provide for officers and organiza tion; to provide for the purpose of the council; to provide for expenses; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, so as to change the definition of probate courts to which the provisions relating to certain civil practice procedures apply to include probate courts in

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counties having a population of more than 100,000 according to the United States decennial census of 1980 or any future such census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 Of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, is amended by adding at the end thereof a new Code Section 15-9-15 to read as follows:
"15-9-15. (a) There is created a council to be known as 'The Council of Probate Court Judges of Georgia.' The council shall be composed of the judges and judges emeriti of the probate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, first vice president, second vice president, secretary-treasurer, and such other officers and committees as the council shall deem necessary.
(b) It shall be the purpose of The Council of Probate Court Judges of Georgia to effec tuate the constitutional and statutory responsibilities conferred on it by law and to further the improvement of the probate courts and the administration of justice.
(c) Expenses of the administration of the council shall be paid from state funds appro priated for that purpose or from other funds available to the council."
Section 2. Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, is amended by striking paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Probate court' means a probate court of a county having a population of more than 100,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 411.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Baldwin Bowen Broun Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

Fincher Garner Gillis Harris Howard Johnson Kidd Langford McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Tysinger Walker

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Those voting in the negative were Senators:

Brannon Hine

Hudgins

Huggins

Those not voting were Senators:

Allgood Barker Barnes Dawkins English

Engram Foster Harnson Kennedy

Land Shumake Starr Turner

On the motion, the yeas were 39, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 411.

SB 412. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide the judge of the probate court of each county a copy of the Official Code of Georgia Annotated and annual supplements to such Code.

The House substitute to SB 412 was as follows:

A BILL
To be entitled an Act to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide the judge of the probate court of each county a copy of the Official Code of Georgia Annotated and annual supplements to such Code; to provide that the costs of such Code and maintenance thereof for the benefit of the probate judge of each county shall be paid by the governing authority of the county from the county law library fund, if sufficient, other wise any additional amount required shall be paid from the general funds of the county; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to defini tions and jury trials in certain probate courts, so as to change the definition of probate courts to which the provisions relating to certain civil practice procedures apply to include probate courts in counties having a population of more than 100,000 according to the United States decennial census of 1980 or any future such census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) To assure proper administration of the court's duties, the judge of the probate court of each county shall be furnished a copy of the Official Code of Georgia Annotated and annual supplements to the Code to keep it current. The costs of such Code and maintenance thereof shall be paid by the governing authority of each such county from the county library fund, if sufficient, otherwise any additional amount required shall be paid from the general funds of the county."
Section 2. Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, is amended by striking paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Probate court' means a probate court of a county having a population of more than 100,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years."

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Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 412.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols

Edge Fincher Garner Gillis Harris Howard Hudgins Huggins Johnson Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Timmons Turner Tysinger Walker

Voting in the negative were Senators Albert and Hine.

Those not voting were Senators:

Allgood Deal English Engram

Foster Harrison Kennedy Land

Shumake Starr Tate Taylor

On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 412.

SB 100. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to provide a pretrial review of proceedings by the Supreme Court in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that the judgments, rulings, and orders in pretrial proceedings of a case in which the death penalty is sought shall be directly appealable as part of the pretrial review.

The House substitute to SB 100 was as follows:

A BILL
To be entitled an Act to provide for pretrial review proceedings in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to differentiate from other appeals the procedures for review and appeal of the judgments, rulings, and orders in pretrial pro ceedings in cases in which the death penalty is sought; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for computation of elapsed terras following a demand for trial in a case in which the death penalty is sought; to provide for a discretionary pretrial review by the Supreme Court of death penalty cases;

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to provide exceptions; to provide for reports by the trial judge and the parties; to provide for applications for appeals; to provide for duties of the clerk of superior court; to provide for practice and procedure; to provide for promulgation of rules by the Supreme Court; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended in Code Section 5-6-34, relating to appealable judgments and rulings, by striking subsection (c) of said Code section and inserting in its place new subsections (c) and (d) to read as follows:
"(c) In criminal cases involving a capital offense for which the death penalty is sought, review of pretrial proceedings shall be exclusively as provided in Code Section 17-10-35.1; and no certificate of immediate review shall be issued in any such case.
(d) Where an appeal is taken under any provision of subsection (a), (b), or (c) of this Code section, all judgments, rulings, or orders rendered in the case which are raised on appeal and which may affect the proceedings below shall be reviewed and determined by the appellate court, without regard to the appealability of the judgment, ruling, or order stand ing alone and without regard to whether the judgment, ruling, or order appealed from was final or was appealable by some other express provision of law contained in this Code sec tion, or elsewhere. For purposes of review by the appellate court, one or more judgments, rulings, or orders by the trial court held to be erroneous on appeal shall not be deemed to have rendered all subsequent proceedings nugatory; but the appellate court shall in all cases review all judgments, rulings, or orders raised on appeal which may affect the proceedings below and which were rendered subsequent to the first judgment, ruling, or order held erro neous. Nothing in this subsection shall require the appellate court to pass upon questions which are rendered moot."
Section 2. Said article is further amended by adding at the end of Code Section 5-6-38, relating to the time of filing a notice of appeal and cross appeal, a new subsection (c) to read as follows:
"(c) Notwithstanding subsection (a) of this Code section, where either the state or the defendant wishes to appeal any judgment, ruling, or order in the pretrial proceedings of a criminal case involving a capital offense for which the death penalty is sought, such appeal shall be brought as provided in Code Section 17-10-35.1."
Section 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal proce dure, is amended by adding at the end of Code Section 17-7-171, relating to the time when a demand for trial is to be made by the defendant in a capital felony case, a new subsection, to be designated subsection (c), to read as follows:
"(c) In cases involving a capital offense for which the death penalty is sought, if a de mand for trial is entered, the counting of terms under subsection (b) of this Code section shall not begin until the convening of the first term following the completion of pretrial review proceedings in the Supreme Court under Code Section 17-10-35.1."
Section 4. Said title is further amended by inserting immediately following Code Sec tion 17-10-35 new Code sections, to be designated Code Sections 17-10-35.1 and 17-10-35.2, to read as follows:
"17-10-35.1. (a) In cases in which the death penalty is sought, there may be a review of all pretrial proceedings by the Supreme Court unless the procedure provided in this Code section is obviated by the trial judge pursuant to Code Section 17-10-35.2. The review shall be initiated by the trial judge's filing in the office of the clerk of superior court and deliver ing to the parties a report certifying that all pretrial proceedings in the case have been completed and that the case stands ready for trial. Within ten days after the filing of the report or the receipt of transcripts of the proceedings, whichever is later, the prosecutor and the defendant may each file with the clerk of superior court and serve upon the opposing party a report identifying all areas of the pretrial proceedings with respect to which revers-

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ible error may arguably have occurred. Either party may consolidate with such report an application for appeal with respect to any order, decision, or judgment entered in the case. Any such application for appeal shall be in the form otherwise appropriate under subsection (b) of Code Section 5-6-34, but:
(1) Any such application for appeal shall be filed with the clerk of superior court rather than the clerk of the Supreme Court;
(2) The opposing party shall not be required or permitted to respond to such an appli cation for appeal; and
(3) No certificate of immediate review shall be required for the filing of such application for appeal.
(b) The reports of the trial judge, prosecutor, and defendant under subsection (a) of this Code section shall be in the form of standard questionnaires prepared and supplied by the Supreme Court. Such questionnaires shall be designed to determine whether there is arguably any existence of reversible error with respect to any of the following matters:
(1) Any proceedings with respect to change of venue;
(2) Any proceedings with respect to recusal of the trial judge;
(3) Any challenge to the jury array;
(4) Any motion to suppress evidence;
(5) Any motion for psychiatric or other medical evaluation; and
(6) Any other matter deemed appropriate by the Supreme Court.
(c) Upon the filing of the reports of the parties, the clerk of superior court shall trans mit to the Supreme Court the report of the trial judge, the transcripts of proceedings, and the reports of the parties together with any application for appeal consolidated therewith. A copy of all of the foregoing shall also be delivered by the clerk of superior court to the Attorney General.
(d) The Supreme Court shall issue an order granting review of the pretrial proceedings, or portions thereof, or denying review within 20 days of the date on which the case was received. The order of the Supreme Court shall identify the matters which shall be subject to review, and such matters may include, but need not be limited to, any matters called to the court's attention in any of the reports or in any application for appeal. No notice of appeal shall be required to be filed if review of the pretrial proceedings is granted. An order granting review of pretrial proceedings shall specify the period of time within which each party shall file briefs and reply briefs with respect to the matters identified in the Supreme Court's order granting review. The Supreme Court may order oral argument or may render a decision on the record and the briefs.
(e) If requested by the district attorney, the Attorney General shall assist in the review and appeal provided for in this Code section.
(f) Review of any matter under this Code section shall, as to any question passed on in such review, be res judicata as to such question and shall be deemed to be the law of the case.
(g) The procedure under this Code section shall not apply to any ruling or order made, invoked, or sought subsequent to the filing of the report of the trial judge.
(h) The failure of either party to assert the rights given in this Code section, or the failure of the Supreme Court to grant review, shall not waive the right to posttrial review of any question review of which could be sought under this Code section and shall not consti tute an adjudication as to such question.
17-10-35.2. The pretrial review procedure provided for in Code Section 17-10-35.1 may be obviated by the entry of an order by the trial court stating that the delay which would result from the pretrial review outweighs the benefit of an early appellate determination

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with respect to any arguable existence of reversible error in the pretrial proceedings. Before entering such an order, the court shall provide the state and defense counsel with an oppor tunity for a hearing as to the need for pretrial appellate review and on the issue of whether the ends of justice will be served by pretrial appellate review."
Section 5. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 17-10-36, relating to the establishment of a unified review procedure in death penalty cases, and inserting in their place new subsections (a) and (b) to read as follows:
"(a) The Supreme Court of Georgia shall establish, by rules, a new unified review proce dure to provide for the presentation to the sentencing court and to the Supreme Court of all possible challenges to the trial, conviction, sentence, and detention of defendants upon whom the sentence of death has been or may be imposed, which challenges before July 1, 1988 have been presented for review by the former unified review procedure under this sub section. Such new unified review procedure shall govern both pretrial and posttrial appellate review of death penalty cases.
(b) The Supreme Court shall establish, by rules, a series of check lists to be utilized by the trial court, the prosecuting attorney, and defense counsel prior to, during, and after the trial of cases in which the death penalty is sought, to make certain that all possible matters which could be raised in defense have been considered by the defendant and defense coun sel and either asserted in a timely and correct manner or waived in accordance with applica ble legal requirements, so that, for purposes of any pretrial review and the trial and posttrial review, the record and transcript of proceedings will be complete for a review by the sen tencing court and the Supreme Court of all possible challenges to the trial, conviction, sen tence, and detention of the defendant."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Crumbley of the 17th moved that the Senate agree to the House substitute to SB 100 as amended by the following amendment:
Amend the House substitute to SB 100 by striking all matter on lines 1 through 5 of page 2 and inserting in place thereof the following:
" '(c) In criminal cases involving a capital offense for which the death penalty is sought, a hearing shall be held as provided in Code Section 17-10-35.2 to determine if there shall be a review of pretrial proceedings by the Supreme Court prior to a trial before a jury. Review of pretrial proceedings, if ordered by the trial court, shall be exclusively as provided by Code Section 17-10-35.1 and no certificate of immediate review shall be necessary."
By striking on lines 25 through 27 of page 3 the following:
"unless the procedure provided in this Code section is obviated by the trial judge pur suant to Code Section 17-10-35.2.",
and inserting in place thereof the following:
"upon a determination by the trial judge under Code Section 17-10-35.2 that such re view is appropriate."
By striking all matter on lines 11 through 22 of page 6 and inserting in place thereof the following:
"17-10-35.2. Prior to the filing of a report by the trial judge under Code Section 17-1035.1 certifying that pretrial proceedings are complete, the court shall conduct a hearing to determine if an interim appellate review of pretrial rulings is appropriate. The court shall hear from the state and the defense as to whether the delay to be caused by interim appel late review outweighs the need for such review. The court shall order such review and initi ate the procedure contained in Code Section 17-10-35.1 unless the court concludes and en ters an order to the effect that interim appellate review would not serve the ends of justice in the case. An order obviating interim appellate review shall not be appealable."

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On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Garner Gillis Harris Hine Howard Hudgins Huggins Kidd Langford McGill McKenzie Newbill

Those not voting were Senators:

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Allgood Bowen English
Foster

Harrison Johnson Kennedy
Land

Scott of 36th Shumake Starr

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 100 as amended by the Senate.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Edwards of the 112th and others:
A bill to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

Senator Phillips of the 9th moved that the Senate adhere to the Senate substitute to HB 1350 and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1350.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Phillips of the 9th, Edge of the 28th and Peevy of the 48th.

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1769

The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1464. By Representatives Sherrod of the 143rd, Royal of the 144th, Barnett of the 10th, Sizemore of the 136th, Balkcom of the 140th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of agricultural property, so as to provide that a certain amount of property subject to a covenant of agricultural use may under certain circumstances be transferred to a relative of an owner of the property.
Senate Sponsor: Senator Gillis of the 20th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 4, 1988

SUBJECT: Fiscal Note--House Bill 1464 (LC 14 4921) Preferential Assessment Farmland

This Bill would increase (from three to five acres) the amount of land that could be transferred by a property owner to a relative within the fourth degree of civil reckoning without breaching a covenant of agricultural use. Agricultural land under such a covenant is assessed at 75% of the regular ad valorem tax rate. This Bill would also allow the trans ferred land to be used for purposes other than single-family residential, as is currently re quired. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval and would apply to transfers made on or after July 1, 1988.

The fiscal impact of this Bill could not be determined since the parcels of land that may be transferred, their value, and their intended use cannot be predicted.

/s/ G.W. Hogan State Auditor

/s/ C.T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon

Broun Bryant Burton Coleman Coverdell Crumbley

Dawkins Dean Echols Edge Engram Fincher

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Garner Gillis Harris Huggins Kidd McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd

Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Deal English Foster Harrison

Hine Howard Hudgins Johnson Kennedy

Land Langford Shumake Starr

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1566. By Representatives Workman of the 51st and Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to provide for the regulation of the investment advisory business; to provide for definitions; to provide for the registration of investment advisers and investment adviser representatives.
Senate Sponsor: Senator Hudgins of the 15th.

The Senate Committee on Banking and Finance offered the following amendment to HB 1566:
Amend HB 1566 by striking line 34 on page 5 in its entirety and substituting in lieu thereof the following:
"are required to be registered as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended, or rules, regulations, or interpretations thereunder: a".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley

Deal Dean Echols Edge Engram Fincher Garner Gillis Harris Hine Howard

Hudgins Huggins Kidd McGill McKenzie Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd

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Ray Scott of 2nd Scott of 36th Shumake

Stumbaugh Tate Taylor Timmons

Turner Tysinger Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Allgood Barnes English Foster

Harrison Johnson Kennedy Land

Langford Phillips Starr

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the House was taken up for the purpose of considering the House amendment thereto:

HB 1160. By Representative Kilgore of the 42nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes on insurance companies, so as to change the date of collection and distribution of insurance premiums taxes; to require revenues re ceived by a county to be expended on services to inhabitants of the unincorpo rated areas of the county.

The House amendment was as follows:
Amend the Senate substitute to HB 1160 by adding after "Section" on line 13, page 10, the following:
"In the adoption of the budget utilizing any of the funds derived from the tax imposed by Code Section 33-8-8.2 the governing authority of a county shall specify in such budget the amount of such funds expended as authorized by paragraph (1) of this Code section or used to reduce ad valorem taxes as provided in paragraph (2) of this Code section. Said budget shall also specify the amount of any other funds expended for such purpose or pur poses as are authorized to be expended for services referred to in paragraph (1). Such provi sions shall be spread on the Minutes of meeting at which such budget is adopted."

Senator Hudgins of the 15th moved that the Senate agree to the House amendment to the Senate substitute to HB 1160.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Bowen Broun Bryant Burton Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge Engram Fincher Garner Gillis Harris Hine

Howard Hudgins Huggins Kidd Langford McGill McKenzie Newbill Olmstead Peevy

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Ragan of 32nd Ray
Scott of 2nd Scott of 36th

Shumake Stumbaugh
Tate Taylor

Timmons Turner
Tysinger Walker

Those not voting were Senators:

Allgood Baldwin BBararnnenson
English

Foster Harrison JKoehnnnseodny
Land

Perry Phillips _R,aSan of,, 1,,0t,h
Starr

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1160.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1590. By Representative Birdsong of the 104th:
A bill to amend Chapter 15 of Title 33 of the Official Code of Georgia Annotated, relating to fraternal benefit societies, so as to require any provision relating to the control of the exercise of rights under life benefit certificates to be set out under a separate caption and printed in boldface type.
Senate Sponsor: Senator Taylor of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker
Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram

Garner Gillis Harris
Harrison Hine Howard Hudgins Huggins Kidd Langford McGill McKenzie Newbill Olmstead Peevy

Phillips Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Brannon Broun

English Fincher Foster Johnson

Kennedy Land Perry

On the passage of the bill, the yeas were 45, nays 0.

WEDNESDAY, MARCH 2, 1988

1773

The bill, having received the requisite constitutional majority, was passed.
The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 669. By Senator Kidd of the 25th: A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to change certain provisions relating to purchases and bids; to change the provisions relating to advertisement of purchases; to except the purchase of professional services from certain requirements of law.
The House substitute to SB 669 was as follows:
A BILL

To be entitled an Act to amend an Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to change certain provisions relating to purchases and bids; to change the provisions relating to advertisement of purchases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:
"Section 15. All purchases of supplies, equipment, and other materials and services in an amount in excess of $5,000.00 shall be by competitive bids with advertisement of said purchases to be published in the official organ of Jones County one time before the date of purchase. The board shall obtain at least three competitive bids, and the board shall accept the best bid in accordance with the terms of the advertisement. The provisions of this sec tion shall not apply to emergency purchases or repairs. No purchase by the county shall be made from a relative of a member of the board within the first degree of kinship, except by sealed bid as hereinabove provided."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 669.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 669.
Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.
The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:
SB 413. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-1.1 of the Official Code of Georgia Annotated, relating to required training courses for judges of the probate courts, so as to provide for the payment and reimbursement of expenses of required training in curred by each probate judge elect.

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The House substitute to SB 413 was as follows:

A BILL
To be entitled an Act to amend Code Section 15-9-1.1 of the Official Code of Georgia Annotated, relating to required training courses for judges of the probate courts, so as to provide for the payment and reimbursement of expenses of required training incurred by each probate judge elect; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, so as to change the definition of probate courts to which the provisions relating to certain civil practice procedures apply to include probate courts in counties having a population of more than 100,000 according to the United States decennial census of 1980 or any future such census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-9-1.1 of the Official Code of Georgia Annotated, relating to required training courses for judges of the probate courts, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) All expenses of training authorized or required by this Code section, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the probate judge or probate judge elect taking the training; but he shall be reimbursed by the Institute of Continuing Judicial Education of Georgia to the extent that funds are available to the institute for such purpose; provided, however, if such funds are not availa ble, each probate judge or probate judge elect shall be reimbursed from county funds by action of the county governing authority."
Section 2. Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, is amended by striking paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Probate court' means a probate court of a county having a population of more than 100,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 413.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kidd McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Turner

WEDNESDAY, MARCH 2, 1988

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Tysinger

Walker

Those not voting were Senators:

Broun English Hine

Kennedy (presiding) Land Langford

McGill Stumbaugh Taylor

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 413.

SB 550. By Senators Gillis of the 20th, English of the 21st and Ray of the 19th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to de fine the practice of professional forestry; to provide for the appointment of the State Board of Registration for Foresters; to revise the qualifications, time for meetings, powers, and records of said board.

The House substitute to SB 550 was as follows:

A BILL
To be entitled an Act to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to define the practice of professional forestry; to provide for the appointment of the State Board of Registration for Foresters; to revise the qualifications, time for meetings, powers, and records of said board; to provide for licenses; to delete certain exemptions from qualifi cations of registered foresters; to provide for denial or revocation of licenses; to provide for duplicate licenses; to delete a reference to the receiving of funds by the joint-secretary; to change the date upon which said board shall terminate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, is amended by striking para graph (2) of Code Section 12-6-41, relating to definitions of terms with regard to the prac tice of professional forestry, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Professional forestry' or 'practice of professional forestry' means any professional service relating to forestry, such as investigation, evaluation, development of forest manage ment plans or responsible supervision of forest management, forest protection, silviculture, forest utilization, forest economics, or other forestry activities in connection with any public or private lands, provided that forestry instructional and educational activities shall be ex empted. The board shall issue licenses only to those applicants who meet the requirements of this Code section, provided that no person shall be eligible for registration as a registered forester who is not of good character and reputation; provided, further, that employees of the state and federal governments assisting farmers in agricultural programs shall be ex empt from this part."
Section 2. Said part is further amended by striking subsection (e) of Code Section 12-642, relating to the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The five members of the board shall be appointed for terms of five years. On the expiration of the term of any member of the board, the Governor shall in the manner pro vided in this Code section appoint for a term of five years a registered forester having the qualifications required by Code Section 12-6-43 to take the place of the member whose term on the board is expiring. Each member shall hold office until the expiration of the term for

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which that member is appointed or until a successor shall have been duly appointed and shall have qualified."
Section 3. Said part is further amended by striking Code Section 12-6-43, relating to qualifications of members of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-43 to read as follows:
"12-6-43. Each member of the board shall be a citizen of the United States and a resi dent of Georgia and shall have been engaged in the practice of forestry for at least ten years, provided that only the citizenship and residency requirements of this Code section shall apply to the member appointed pursuant to subsection (c) of Code Section 12-6-42."
Section 4. Said part is further amended by striking Code Section 12-6-46, relating to meetings and officers of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-46 to read as follows:
"12-6-46. The board shall hold meetings as necessary. The board shall elect or appoint annually a chairman and a vice-chairman. The joint-secretary of the state examining boards shall serve as secretary of the board in the same manner as provided by Code Sections 43-11 and 43-1-2."
Section 5. Said part is further amended by striking Code Section 12-6-47, relating to powers of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-47 to read as follows:
"12-6-47. (a) The board shall have the power to promulgate rules and regulations, not inconsistent with the Constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulation of the proceedings before it.
(b) The board shall adopt and have an official seal."
Section 6. Said part is further amended by striking Code Section 12-6-48, relating to records of proceedings of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-48 to read as follows:
"12-6-48. The board shall keep a record of its proceedings. The records of the board shall be prima-facie evidence of the proceedings of the board set forth therein, and a tran script thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced."
Section 7. Said part is further amended by striking Code Section 12-6-52, relating to the issuance of licenses, in its entirety and inserting in lieu thereof a new Code Section 12-652 to read as follows:
"12-6-52. The board shall issue a license upon payment of a registration fee as provided for in this part to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this part. The issuance of a license by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered forester while the license remains unrevoked or unexpired. Plans, maps, specifications, and reports issued by a registrant shall be endorsed with his name and license number during the life of the registrant's license."
Section 8. Said part is further amended by striking Code Section 12-6-53, which reads as follows:
"12-6-53. Any forester who made an application for a license as a registered forester by April 10, 1964, shall be eligible for registration as a registered forester without reference to the requirements set forth in subsection (a) of Code Section 12-6-49, provided that such forester shall have completed service as a forester in a public forest unit for a period of not less than 12 years.",
and inserting in lieu thereof the following:
"12-6-53. Reserved."

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1777

Section 9. Said part is further amended by striking Code Section 12-6-57, relating to the revocation and reissuance of licenses, in its entirety and inserting in lieu thereof a new Code Section 12-6-57 to read as follows:
"12-6-57. The board shall have the authority to refuse to grant a license to an applicant, to revoke the license of a person licensed by the board, or to discipline a person licensed by the board upon a finding by a majority of the board that the licensee or applicant has vio lated the provisions of Code Section 43-1-19."
Section 10. Said part is further amended by striking Code Section 12-6-58, relating to the issuance and renewal of licenses in a form suitable for framing, in its entirety and in serting in lieu thereof a new Code Section 12-6-58 to read as follows:
"12-6-58. A duplicate license to replace any lost, destroyed, or mutilated license may be issued, subject to the rules of the board, upon payment of a fee established by the board."
Section 11. Said part is further amended by striking Code Section 12-6-59, which reads as follows:
"12-6-59. The joint-secretary of the state examining boards shall receive and account for all moneys derived under this part and shall pay the same monthly to the Fiscal Division of the Department of Administrative Services.",
and inserting in lieu thereof the following:
"12-6-59. Reserved."
Section 12. Said part is further amended by striking Code Section 12-6-63, relating to the termination date of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-63 to read as follows:
"12-6-63. For the purposes of Chapter 2 of Title 43, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Foresters shall be terminated on July 1, 1994, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 13. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 550.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes
Bowen rannon
nrsrroyuannt. BCoulretomnan Coverdell Dawkins Deal Dean Echols Edge

Fincher Foster Gillis Harris Harrison
Hine Howard
HTI udgins
Johnson Kldd Langford McGill McKenzie Newbill Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th
S,,^.thaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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Voting in the negative was Senator Garner.

Those not voting were Senators:

Crumbley English

Engram Kennedy (presiding)

Land Olmstead

On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 550.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 408. By Senators Peevy of the 48th, Barnes of the 33rd, Edge of the 28th and Walker of the 43rd:
A resolution creating the Senate Petroleum Marketing Study Committee.

The Senate Committee on Industry and Labor offered the following substitute to SR 408:

A RESOLUTION
Creating the Senate Petroleum Marketing Study Committee; and for other purposes.
WHEREAS, there are many questions regarding petroleum marketing in this state which are in need of study.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Petroleum Marketing Study Committee to be composed of five members of the Sen ate to be appointed by the President of the Senate. The President of the Senate shall desig nate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1988. The committee shall stand abol ished on December 1, 1988.

On the adoption of the substitute, the yeas were 37, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon

Broun Bryant Burton Coleman Coverdell Dawkins Deal

Dean Echols Edge Fincher Foster Gillis Harris

WEDNESDAY, MARCH 2, 1988

1779

Harrison Hine Howard
Langford McGill McKenzie

Olmstead Peevy Perry
Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd

Scott of 36th Starr Stumbaugh
Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Engram

Newbill

Shumake

Those not voting were Senators:

Crumbley English Garner

Huggins Kennedy (presiding)

Land Tate

On the adoption of the resolution, the yeas were 46, nays 3.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 254. By Representatives Chambless of the 133rd, Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to authorize the Health Planning Agency to establish and operate a state-wide health care data system to collect, verify, compile, analyze, and disseminate certain health care data.
Senate Sponsor: Senator Howard of the 42nd.
The Senate Committee on Human Resources offered the following substitute to HB 254:
A BILL

To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of health care facilities, so as to provide for annual reports to the Department of Human Resources by certain health care providers; to provide for definitions; to require the Department of Human Resources to establish and operate a health care data system and provide for requirements, procedures, and powers relating thereto; to authorize that department to request and obtain from certain health care provid ers, state departments, and other entities certain health care data and require that certain data be provided; to provide for powers and duties of the Department of Human Resources with regard to health care data obtained by the department; to provide for applicability to public or private entities; to provide for rules and regulations of that department; to provide for costs of the data collection systems and fees and charges relating thereto; to provide for sanctions relating to permits and licenses; to provide for civil and criminal penalties; to require certain reports and release of certain information and provide for conditions and procedures relating thereto; to provide immunity for the releasing of information under cer tain conditions; to provide for immunity for persons performing other duties required by the

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article; to provide for the confidentiality of certain information and records; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of health care facilities, is amended by adding at the end a new Article 12 to read as follows:
"ARTICLE 12
31-7-280. (a) As used in this article, the term:
(1) 'Health care provider' means any hospital or ambulatory surgical or obstetrical facil ity having a license or permit issued by the department under Article 1 of this chapter.
(2) 'Indigent person' means any person having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline.
(3) 'Third-party payer' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or compre hensive accident or health insurance, whether or not through self-insurance plan, Medicaid, hospital service nonprofit corporation plans, or nonprofit health care plans or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payer.
(b) There shall be required from each health care provider in this state an annual re port of certain health care information to be submitted to the department. The report shall be due on the last day of January and shall cover the 12 month period preceding each such calendar year.
(c) The report required under subsection (b) of this Code section shall contain the fol lowing information:
(1) Total gross revenues;
(2) Bad debts;
(3) Amounts of free care extended, excluding bad debts;
(4) Amount of contractual adjustments;
(5) Amounts of care provided under a Hill-Burton commitment;
(6) Amounts of charity care provided to indigent persons;
(7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other sources, including the proportion of any such funding dedicated to the care of indigent persons;
(8) For cases involving indigent persons:
(A) The number of persons treated;
(B) The number of inpatients and outpatients;
(C) Total patient days;
(D) The total number of patients categorized by county of residence;
(E) The indigent care costs incurred by the health care provider by county of residence;
(9) The public, profit, or nonprofit status of the health care provider and whether or not the provider is a teaching hospital;
(10) The number of board certified physicians, by specialty, on the staff of the health care provider;

WEDNESDAY, MARCH 2, 1988

1781

(11) The number of nursing hours per day for each hospital and per patient visit for each ambulatory surgical or obstetrical facility;
(12) For ambulatory surgical or obstetrical facilities, the types of surgery performed and emergency back up systems available for that surgery;
(13) For hospitals:
(A) The availability of emergency services, trauma centers, intensive care units, and neonatal intensive care units;
(B) Procedures hospitals specialize in and the number of such procedures performed annually; and
(C) Caesarean section rates by number and as a percentage of deliveries; and
(14) Data available on a currently recognized uniform billing statement generally used by health care providers which reflect the following information obtained during a twomonth period during each reporting year: the patient's age, sex, race, ZIP Code, county, payer sources, date of admission, discharge date, primary diagnoses, principal procedures, total charges and summary of charges by department, uniform physician identification num ber, uniform hospital identification number, attending physician identification number, and data by payer category.
(d) The department shall provide a form for the report required by subsection (b) of this Code section and may provide in such form for further categorical divisions of the infor mation listed in subsection (c) of this Code section.
(e) The department shall, within a period of one year following the effective date of this article, in cooperation with representatives of such consumer groups and associations and health care providers as it shall designate, study and determine such quality indicators and such additional or alternative information related to the intent and purpose of this article as the department shall determine are in the best interests of the residents of this state.
(f) In the event that the department does not receive from a health care provider an annual report containing the data and information required by this article within 30 days following the date such report was due or receives a timely but incomplete report, the de partment shall notify the health care provider regarding the deficiencies, by certified mail, return receipt requested. In the event such deficiency continues for 15 days after said notifi cation has been given, the health care provider shall be liable for a penalty in the amount of $1,000.00 for such violation and an additional penalty of $500.00 for each day during which such violation continues and be subject to appropriate sanctions otherwise authorized by law, including, but not limited to, suspension or revocation of that provider's permit or license.
31-7-281. (a) The department shall be required to establish and operate a state-wide health care data system to collect, compile, analyze, and disseminate data collected pursu ant to this article from health care providers and other specified entities.
(b) The department shall be authorized to execute contracts or establish written agree ments for the purpose of avoiding duplication of data collected pursuant to this article.
(c) Where an existing data collection system meets the collection requirements of the department pursuant to this article, the department shall utilize such existing system when the significant elements of such data are collected, provided that such system meets the requirements of the department pursuant to this article and is available, without undue restrictions, to the department. For purposes of this subsection, reimbursement from the department for the costs incurred by such existing system in collecting this data shall not be considered an undue restriction.
(d) The department shall have complete authority over any data collection functions performed pursuant to this article and shall be authorized to perform such data analyses as shall, in its discretion, be required.

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(e) The department shall establish a system to review and audit selected report data which contain the information listed in subsection (c) of Code Section 31-7-280 and which are collected other than by the department.
31-7-282. The department shall be authorized to request, collect, or receive the collec tion and submission of data listed in subsection (c) of Code Section 31-7-280 from:
(1) Health care providers;
(2) The Department of Medical Assistance;
(3) The Commissioner of Insurance;
(4) The State Health Planning Agency;
(5) Third-party payers;
(6) The Joint Commission on the Accreditation of Healthcare Organizations; and
(7) Other appropriate sources as determined by the department.
Any entity specified in paragraphs (1) through (4) of this Code section which has in its custody or control data requested by the department pursuant to this Code section shall provide the department with such data, but any data regarding a health care provider which is already available in the records of any state officer, department, or agency specified in paragraph (2), (3), or (4) of this Code section shall not be required to be provided to the department by that health care provider.
31-7-283. (a) The department shall compile, direct the compilation of, and disseminate comparative information provided in the annual reports under Code Section 31-7-280 on a health care provider specific basis.
(b) Any data collected by the department may be included in department reports pur suant to this article as deemed appropriate to offer full information to the public. Prior to any release or dissemination of the data, the department shall permit the reporting entity a 30 day opportunity to verify the accuracy of any information pertaining to its data. The reporting entity may submit to the department any corrections of errors in the compilations of the data with any supporting evidence and comments. The department shall correct for the report such data which, in its judgment, are found to be in error. Any information, evidence, or comments submitted to the department in writing by the reporting entity shall be included as a part of the department's release or dissemination.
(c) If the data required by the department are available from the reporting entity by acceptably formatted, computer readable means, such method for reporting shall be preferred.
(d) The reporting of any data required by this article by specified types of health care providers shall include health care providers operated by state, county, municipality, public or private entities, or any combination thereof.
(e) The department shall be authorized to promulgate such rules and regulations as are necessary to effectuate and carry out its authority and duties under this article.
31-7-284. (a) Subject to the procedures specified in subsection (b) of Code Section 31-7283, the department shall be authorized to disclose nonpatient-specific data required under this article. Dissemination of such data to the public shall be made in clear and understand able language and in such form as to facilitate appropriate planning and choices on the part of consumers, providers, and payers.
(b) The department data base established pursuant to this article shall be updated no less frequently than on an annual basis. Public reports from that data shall be published no less frequently than annually.
(c) The costs to the state associated with the data collection system provided for in this article shall be paid through the department budget. The department shall, at its discretion and funds permitting, begin collection and dissemination of data immediately. The depart-

WEDNESDAY, MARCH 2, 1988

1783

ment is authorized to charge fees for reports, data, and information related to the data system; provided, however, no fees shall be imposed upon health care providers which sub mit data to the department pursuant to this article. The department shall implement a fee scale for such information that will result in fee collections not to exceed the costs of the data collection system. All such fees shall be remitted to the general fund of the state.
31-7-285. (a) Notwithstanding any provision of law to the contrary, it shall not be un lawful for any entity which may be requested or required to provide data to the department under this article so to provide that information or for the department or its designees to provide such information as authorized or required by this article or any other law.
(b) Information provided to the department pursuant to this article or information re leased by the department shall not identify a patient by name or specific address. Any per son, firm, corporation, association, or other entity who violates this subsection shall be guilty of a misdemeanor.
(c) A person shall not be civilly liable as a result of the person's acts, omissions, or decisions as an officer or employee or agent in connection with the person's duties for the department under this article.
(d) Unless otherwise provided in this article, the data collected by and furnished to the department pursuant to this article shall not be public records under Article 4 of Chapter 18 of Title 50 or any other law governing the maintenance, inspection, or dissemination of data collected by the state. The reports prepared for release of dissemination from the data col lected shall be public records under Article 4 of Chapter 18 of Title 50. The confidentiality of patients shall be protected and no provision of this article shall affect any provision of law relating to patient confidentiality.
(e) No cause of action shall arise against a person, entity, or health care provider for disclosing or reporting information in accordance with this article; provided, however, that this Code section shall not provide immunity for disclosing or furnishing false information with malice or willful intent to injure any person."
Section 2. This Act shall become effective upon adequate appropriations being made by the Georgia General Assembly to fund this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Olmstead of the 26th offered the following amendment:
Amend the substitute to HB 254 offered by the Senate Committee on Human Re sources by adding on line 4 of page 3, following the word "revenues" and preceding the semicolon, the following:

"minus all federal, state, and local taxes".

Senator Olmstead asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Brannon

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Broun Bryant Burton Coleman Coverdell Crumbley
Dawkins Dean Echols Edge Engram Foster Garner

Gillis Harris Harrison Hine Howard Hudgins
Huggins Johnson Kidd Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 36th Shumake Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Deal English Fincher

Kennedy (presiding) Land McKenzie Scott of 2nd

Starr Tate Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 599. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft offenses, so as to change certain provisions relating to the crime of theft by conversion to include conversion of leased personal prop erty; to repeal certain provisions relating to the offense of conversion of leased personal property.

The House amendment was as follows:

Amend SB 599 by adding after the word "leased" on lines 4 and 18 of page 1 the following:
"or rented".

Senator Peevy of the 48th moved that the Senate agree to the House amendment to SB 599.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Bryant

Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis Harris Harrison

WEDNESDAY, MARCH 2, 1988

1785

Hine Howard Hudgins Huggins Johnson Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd

Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker English

Kennedy (presiding) Land

Shumake

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 599.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has receded from its position in disagreeing to the Senate substitute and has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 430. By Representatives Benn of the 38th, Thomas of the 31st, Bostick of the 138th, Brooks of the 34th, Johnson of the 123rd and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to substantially and completely revise and supersede laws dealing with discrimination in the selling, leasing, and financing of housing.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.

The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

The Speaker has appointed on the part of the House, Representatives Reaves of the 147th, Carter of the 146th and Oliver of the 121st.

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JOURNAL OF THE SENATE

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1001. By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to change the definition of "appropriation".
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Appropriations offered the following substitute to HB 1001:

A BILL
To be entitled an Act to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to change the definition of "appropri ation"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," is amended by striking paragraph (1) of Code Section 45-12-71, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Appropriation' means an authorization by the General Assembly to a budget unit to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under such procedures as described in this part."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun Bryant Burton Coverdell Crumbley Dawkins Dean Echols Edge Engram

Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

WEDNESDAY, MARCH 2, 1988

1787

Those not voting were Senators:

Barker Brannon Coleman Deal

English Harrison Kennedy (presiding) Land

McKenzie Scott of 2nd Shumake

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons.
Senate Sponsor: Senator Stumbaugh of the 55th.

The Senate Committee on Insurance offered the following substitute to HB 1268:

A BILL
To be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for delivery in this state shall be mailed or delivered for certain enumerated reasons; to provide that no notice refusing the renewal of certain coverages in a residential real property policy issued for de livery in this state shall be mailed or delivered for certain enumerated reasons; to provide exceptions; to provide certain definitions; to provide that no claim or action may be main tained on an alleged unlawful nonrenewal unless a certain notice is filed; to provide for the contents of certain notices; to provide for renewals in cases of termination of agency rela tionships; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and deliv ered by the same insurer and providing no less than the coverage contained in the super seded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continua tion premium; provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Code section, except in case of termination under any of the circumstances specified in subsection (f) of this Code section; provided, further, that, for purposes of this Code section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of the policy shall be deemed a refusal to renew."

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Section 2. Said chapter is further amended by inserting immediately following para graph (2) of subsection (e) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies, four new paragraphs, to be designated paragraphs (3), (4), (5), and (6) to read as follows:
"(3) No notice refusing the renewal of a policy issued for delivery in this state shall be mailed or delivered by an insurer or its agent duly authorized to effect such notice of nonre newal for the following reasons:
(A) Lack of, lack of potential for, or failure to agree to a writing of supporting insurance business;
(B) A change in the insurer's eligibility rules or underwriting rules, provided that this subparagraph shall not apply to a change in such rules if the change applies uniformly within a specific class or territory and such change has been approved by the Commissioner under subparagraph (B) of paragraph (4) of this subsection;
(C) With respect to any driver or with respect to any automobile or its replacement, except when the replacement is such that together with other relevant underwriting or eligi bility rules it would not have been insured as an original policy risk of the insurer, for three or fewer of the following within the preceding 36 month period:
(i) Accidents involving two or more motor vehicles in which the driver of the insured automobile under this subparagraph was not at fault;
(ii) Uninsured or underinsured motorist coverage claims;
(iii) Comprehensive coverage claims; and
(iv) Towing or road service coverage claims;
(D) Age, sex, location of residence address within the state, race, creed, national origin, ancestry, or marital status;
(E) Lawful occupation, provided that the insured automobile is not used in such occu pation and provided, further, that such automobile would have been insured as an original policy risk of the insurer when such occupation is considered together with other relevant underwriting or eligibility rules of the insurer;
(F) Military service, provided that the named insured has no change of legal residence from this state;
(G) Number of years of driving experience of a named insured or of any other operator who is either a resident in the same household or customarily an operator of an automobile insured under such policy;
(H) Accidents or violations which occurred more than 36 months prior to the expiration date or anniversary date of the policy;
(I) One claim against the policy based on fault if such coverage has been in effect con tinuously for at least 36 preceding months;
(J) Notwithstanding subparagraph (H) of this paragraph, two claims against the policy based on fault if such coverage has been in effect continuously for at least 72 preceding months; and
(K) Factors not relating to the claims record, driving record, or driving ability of the named insured or of any other operator who is either a resident in the same household or customarily an operator of an automobile insured under such policy.
(4) (A) Notwithstanding paragraph (3) of this subsection, any reason set forth in sub section (c) of this Code section, relating to cancellation, shall also constitute a reason for nonrenewal.
(B) If the insurer demonstrates to the satisfaction of the Commissioner that renewal would violate the provisions of this title or would be hazardous to its policyholders or the public, subparagraph (B) or (K) of paragraph (3) shall not apply.

WEDNESDAY, MARCH 2, 1988

1789

(5) (A) If the insurer complies with paragraph (1) of this subsection, no claim or action may be maintained with respect to a policy which is not renewed unless the named insured files a written notice with the insurer before the time at which nonrenewal becomes effec tive. The notice shall specify the manner in which the failure to renew is alleged to be unlawful under this subsection. In any subsequent action asserting a violation of this sub section, no violation of this subsection may be alleged other than the specific allegations contained in the notice filed by the named insured.
(B) In addition to other requirements, a notice of nonrenewal shall contain the provi sions of subparagraph (A) of this paragraph, in substantially the form which follows:
'NOTICE
Code Section 33-24-45 of the Official Code of Georgia Annotated provides that this in surer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.
If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.'
(6) (A) Notwithstanding paragraph (3) of this subsection, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured may apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing.
(B) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of subparagraph (A) of this paragraph, in substantially the form which follows:
'NOTICE
Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-45 of the Official Code of Georgia Annotated provides that if you apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a re newal and not as an application for a new policy.' "
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 33-24-46, relating to cancellation or nonrenewal of certain property insurance policies, and inserting in its place a new subsection (b) to read as follows:
"(b) As used in this Code section, the term:
(1) 'Nonrenewal' or 'nonrenewed' means a refusal by an insurer or an affiliate of such insurer to renew.
(2) 'Policies' means a policy insuring a natural person as named insured against direct loss to residential real property and the contents thereof, as defined and limited in standard fire policies as approved by the Commissioner.
(3) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy be yond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continua tion premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim

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termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Code section. Any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a refusal to renew."
Section 4. Said chapter is further amended by adding at the end of Code Section 33-2446, relating to cancellation or nonrenewal of certain property insurance policies, four new subsections, to be designated subsections (j), (k), (1), and (m) to read as follows:
"(j) No notice refusing the renewal of a policy issued for delivery in this state shall be mailed or delivered by an insurer or its agent duly authorized to effect such notice of nonre newal for the following reasons:
(1) Lack of, lack of potential for, or failure to agree to a writing of supporting insurance business;
(2) A change in the insurer's eligibility rules or underwriting rules, provided that this paragraph shall not apply to a change in such rules if the change applies uniformly within a specific class or territory and such change has been approved by the Commissioner under subsection (k) of this Code section; and
(3) Three or fewer claims against the policy within the preceding 36 month period if such claims are not attributable to the negligent or intentional acts of the insured or of persons residing at the insured premises.
(k) If the insurer demonstrates to the satisfaction of the Commissioner that renewal would violate the provisions of this title or would be hazardous to its policyholders or the public, paragraph (2) of subsection (j) shall not apply.
(1) (1) If the insurer complies with subsection (d) of this Code section, no claim or action may be maintained with respect to a policy which is not renewed unless the named insurer files a written notice with the insurer before the time at which nonrenewal becomes effective. The notice shall specify the manner in which the failure to renew is alleged to be unlawful under this subsection. In any subsequent action asserting a violation of subsection (c), (j), or (k) of this Code section, no violation may be alleged other than the specific allega tions contained in the notice filed by the named insured.
(2) In addition to other requirements, a notice of nonrenewal shall contain the provi sions of paragraph (1) of this subsection in substantially the form which follows:
'NOTICE
Code Section 33-24-46 of the Official Code of Georgia Annotated provides that this in surer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.
If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.'
(m) (1) Notwithstanding subsection (j) of this Code section, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured may apply for the policy with another agent of the insurer before the time at which the nonre newal becomes effective. Upon receipt of the application, the insurer shall treat the applica tion as a renewal and not as an original writing.
(2) A notice of nonrenewal based upon the termination of an agency relationship shall

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contain the provisions of paragraph (1) of this subsection, in substantially the form which follows:
'NOTICE
Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-46 of the Official Code of Georgia Annotated provides that if you apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a re newal and not as an application for a new policy.' "
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th offered the following amendment:
Amend the substitute to HB 1268 offered by the Senate Committee on Insurance by striking the word "three" on line 19, page 3, and inserting in lieu thereof the following:
"two",
and by striking the word "three" on line 26 of page 8 and inserting in lieu thereof the following:
"two".
On the adoption of the amendment, the yeas were 27, nays 8, and the amendment was adopted.
Senator Taylor of the 12th offered the following amendment:
Amend the substitute to HB 1268 offered by the Senate Committee on Insurance by striking line 8 of page 6 and inserting in lieu thereof the following:
"failure to renew a policy if the insurer has notified the agent of its intention to termi nate the relationship in writing and such notice is delivered to the agent at least 180 days in advance of the date the relationship is to be terminated; provided, however, an insurer shall not be required to give such notice if the termination of the agency relationship is based upon one or more of the following reasons:
(i) Criminal misconduct or gross negligence of the agent relating to the business or premises of the insurance agency;
(ii) Fraud or moral turpitude;
(iii) Intentional failure by the agent to follow the underwriting policies of the company;
(iv) Failure by the agent to pay moneys over to the company for insurance contracts sold by the agent;
(v) Action taken by the agent to bind the company without such company's authority;
(vi) Death or disability of the agent; and
(vii) Upon the insurance company's becoming insolvent or discontinuing any line of insurance for any business purpose.
(B) If the termination of an agency relationship is the basis for a failure to renew a policy and if the".
By striking on line 16 of page 6 the following: "(B)",
and inserting in lieu thereof the following: "(C)".

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By striking from line 18 of page 6 the following: "(A)",
and inserting in lieu thereof the following: "(B)".
By striking line 6 of page 10 in its entirety and inserting in lieu thereof the following:
"failure to renew a policy if the insurer has notified the agent of its intention to termi nate the relationship in writing and such notice is delivered to the agent at least 180 days in advance of the date the relationship is to be terminated; provided, however, an insurer shall not be required to give such notice if the termination of the agency relationship is based upon one or more of the following reasons:
(A) Criminal misconduct or gross negligence of the agent relating to the business or premises of the insurance agency;
(B) Fraud or moral turpitude;
(C) Intentional failure by the agent to follow the underwriting policies of the company;
(D) Failure by the agent to pay moneys over to the company for insurance contracts sold by the agent;
(E) Action taken by the agent to bind the company without such company's authority;
(F) Death or disability of the agent; and
(G) Upon the insurance company's becoming insolvent or discontinuing any line of in surance for any business purpose.
(2) If the termination of an agency relationship is the basis for a failure to renew a policy and if the".
By striking on line 14 of page 10 the following: "(2)",
and inserting in lieu thereof the following: "(3)".
By striking on line 16 of page 10 the following: "(1)",
and inserting in lieu thereof the following: "(2)".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 1268 offered by the Senate Committee on Insurance by inserting in line 15 on page 1 immediately preceding the phrase "to repeal conflicting laws;" the following:
"to provide that automobile insurance policies that provide comprehensive coverage shall provide complete coverage for repair or replacement of certain damaged safety equip ment without regard to any deductible or minimum amount; to provide for definitions; to provide for other matters relative to the foregoing;".

WEDNESDAY, MARCH 2, 1988

1793

By renumbering Section 5 as Section 6 and by adding a new Section 5 to read as follows:
"Section 5. Said chapter is further amended by adding at the end thereof a new Code Section 33-24-53 to read as follows:
'33-24-53. (a) As used in this Code section, the term:
(1) "Automobile insurance policy" means a policy as defined in paragraph (1) of subsec tion (b) of Code Section 33-24-45.
(2) "Safety equipment" means only the glass used in the windshield, doors, and win dows and the glass, plastic, or other material used in headlights, taillights, reflectors, brake lights, and turn signals required by Code Sections 40-8-22 through 40-8-25.
(b) Any automobile insurance policy that provides comprehensive coverage, whether designated as such or included within a broader coverage, shall provide complete coverage for repair or replacement of damaged safety equipment without regard to any deductible or minimum amount.'"

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barnes Bowen
roun ryant Cou,lretomnan CCoruvmerbdleelyl Dawkins Dean Echols Edge Engram Fincher

Foster Garner Gillis
Harris Harrison
Howard Hudgins HT u,g&gBins ^ Kldndson Langford McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd Scott of 36th S,,.humake fStuaTMmbaughu Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Deal

English Hine

Kennedy (presiding) Land

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1277.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1277.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 430. By Representatives Benn of the 38th, Thomas of the 31st, Bostick of the 138th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to substantially and completely revise and supersede laws dealing with discrimination in the selling, leasing, and financing of housing.

The House amendment was as follows:
Amend the Senate substitute to HB 430 by striking from line 18 of page 2, line 30 of page 3, line 9 of page 4, line 14 of page 7, line 34 of page 10, line 5 of page 11, line 12 of page 11, line 16 of page 11, and line 25 of page 11 the following:
"handicap,".
By striking from lines 32 through 35 of page 21 the following:
"Should the plaintiff not prevail and a defendant's verdict is rendered, the plaintiff shall, as provided in Code Section 9-15-14, be assessed costs and attorney's fees of the defendant."
By striking from lines 25 through 27 of page 22 the following:
"Nothing within this article shall be construed to require the modification of an existing dwelling for the purpose of further accommodating handicapped persons."

Senator Walker of the 43rd moved that the Senate agree to the House amendment to the Senate substitute to HB 430.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Bryant Coleman Crumbley Dawkins Echols

Edge Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins

Johnson Kidd Langford McGill Newbill Olmstead Peevy Perry Phillips Ragan of 10th

WEDNESDAY, MARCH 2, 1988

1795

Ragan of 32nd Ray Scott of 36th Shumake

Starr Stumbaugh Tate Timmons

Turner Tysinger Walker

Voting in the negative was Senator Burton.

Those not voting were Senators:

Barker
Brannon Broun Coverdell Deal

Dean
English Engram Garner Kennedy (presiding)

Land McKenzie
Scott of 2nd Taylor

On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 430.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 635. By Senator Stumbaugh of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the establishment and regulation of captive insurance companies; to provide for legislative intent; to define certain terms; to authorize the transaction of certain kinds of insurance by captive insur ance companies.

The House substitute to SB 635 was as follows:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the establishment and regula tion of captive insurance companies; to define certain terms; to authorize the transaction of certain kinds of insurance by captive insurance companies; to provide requirements for cer tificates of authority, incorporation, the names and organization of captive insurance compa nies, directors, and minimum capital and surplus; to provide standards for the use of letters of credit; to provide for the application for a certificate of authority and procedures for review and approval by the Commissioner of Insurance; to provide for the renewal of a certificate of authority; to provide for allowable assets and reserves; to provide for records; to provide requirements for reinsurance; to provide for annual reports; to provide for exami nations; to provide requirements for investments; to provide requirements for rates and pol icy forms; to exempt captive insurance companies from participation in certain pools or joint underwriting associations; to provide for the taxation and assessment of captive insur ance companies; to provide for the applicability of other provisions of Title 33 of the Official Code of Georgia Annotated to captive insurance companies; to provide for the regulatory powers and authority of the Commissioner of Insurance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking in its entirety Code Section 33-40-3, relating to prerequisites to offering insurance, and inserting in its place a new Code Section 33-40-3 to read as follows:
"33-40-3. A risk retention group seeking to be chartered in this state must be chartered and licensed as a casualty or liability insurance company as provided in this title or as a risk

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retention group captive insurance company under Chapter 41 of this title and, except as provided elsewhere in this chapter or in Chapter 41, as applicable, must comply with all of the laws, rules, regulations, and requirements applicable to such insurers chartered and li censed in this state and with Code Section 33-40-4 to the extent such requirements are not a limitation on laws, rules, regulations, or requirements of this state. Before it may offer insur ance in any state, each risk retention group shall also submit for approval to the Commis sioner a plan of operation or a feasibility study and revisions of such plan or study if the group intends to offer any additional lines of casualty or liability insurance."
Section 2. Said title is further amended by adding at the end thereof a new Chapter 41 to read as follows:
"CHAPTER 41
33-41-1. This chapter shall be known and may be cited as the 'Georgia Captive Insur ance Company Act.'
33-41-2. Terms not otherwise defined in this chapter shall have the same meaning ascribed to them in this title. As used in this chapter, unless the context otherwise requires, the term:
(1) 'Affiliate' means an individual, partnership, corporation, trust, or estate that di rectly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with one or more of the shareholders or members of a captive insur ance company. Affiliates shall also include employees of any shareholder or member, or any affiliate thereof, of a captive insurance company. For the purpose of the foregoing definition of affiliate, 'control' means:
(A) Ownership of shares of a corporation possessing 50 percent or more of the total voting power of all classes of shares entitled to vote or possessing 50 percent or more of the total value of the outstanding shares of the corporation; and
(B) Ownership of 50 percent or more by value of the beneficial interests in a partner ship, trust, or estate.
(2) 'Association' means any membership organization whose members consist of a group of individuals, corporations, partnerships, or other associations who engage in similar or related professional, trade, or business activities and who collectively own, control, or hold with power to vote all of the outstanding voting interests of an association captive insurance company or of a corporation that is the sole shareholder of an association captive insurance company.
(3) 'Association captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the similar or related risks of members and affiliates of members of its association.
(4) 'Captive insurance company' means any pure captive insurance company, associa tion captive insurance company, industrial insured captive insurance company, or risk re tention group captive insurance company.
(5) 'Industrial insured' means an insured:
(A) Who procures the insurance of any risk or risks through the use of the services of a full-time employee who acts as an insurance manager, risk manager, or insurance buyer or through the services of a person licensed as a property and casualty agent, broker, or coun selor in such person's state of domicile;
(B) Whose aggregate annual premiums for insurance on all risks total at least $25,000.00; and
(C) Who either:
(i) Has at least 25 full-time employees;
(ii) Has gross assets in excess of $3 million; or

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(iii) Has annual gross revenues in excess of $5 million.
(6) 'Industrial insured captive insurance company' means any domestic insurance com pany granted a certificate of authority under this chapter to insure or reinsure the risks of industrial insureds and their affiliates and which has as its shareholders or members only industrial insureds that are insured or reinsured by the industrial insured captive insurance company or which has as its sole shareholder or sole member a corporation whose only shareholders are industrial insureds that are insured or reinsured by the industrial insured captive insurance company.
(7) 'Parent' means a corporation which directly owns shares representing more than 50 percent of the total outstanding voting power and value of a pure captive insurance company.
(8) 'Pure captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the risks of its parent and affiliates of its parent.
(9) 'Risk retention group captive insurance company' is any pure, association, or indus trial insured captive insurance company which has been granted a certificate of authority under this chapter and determined by the Commissioner to be established and maintained as a 'risk retention group' as defined under the federal Liability Risk Retention Act of 1986, as amended. A risk retention group may be chartered and licensed either under this chapter or under Chapter 40 of this title.
(10) 'Transact,' as used in this chapter, shall not include the organizational activities associated with the preliminary formation, incorporation, petitioning for a certificate of au thority, and initial capitalization of a captive insurance company.
33-41-3. (a) Subject to the provisions of subsection (c) of this Code section and the other provisions of this chapter, a captive insurance company, where permitted by its char ter, may engage in the business of any of the following kinds of insurance or reinsurance:
(1) Casualty as described in Code Section 33-7-3 but excluding accident and sickness insurance as defined in Code Section 33-7-2;
(2) Marine and transportation, as described in Code Section 33-7-5;
(3) Property, as described in Code Section 33-7-6; and
(4) Surety, as described in Code Section 33-7-7.
(b) Insurance policies and bonds issued by a captive insurance company for workers' compensation insurance and motor vehicle accident insurance shall be in conformity with all minimum requirements for coverages and coverage amounts established by the state for such types of insurance. Such insurance policies and bonds issued by a captive insurance company shall constitute satisfactory proof that the motor vehicle owners or employers, as applicable, insured under such policies or bonds have satisfied the requirements for motor vehicle accident insurance prescribed by Code Section 33-34-4 and for workers' compensa tion insurance prescribed by Code Section 34-9-121.
(c) Except as otherwise provided in subsection (d) of this Code section:
(1) A captive insurance company may not insure or reinsure any risks resulting from:
(A) Any personal, familial, or household responsibilities; or
(B) Activities other than risks resulting from responsibilities arising out of any business, whether profit or nonprofit; trade; product; services, including professional or fiduciary ser vices; or commercial premises or commercial operations;
(2) A captive insurance company may only cede reinsurance as provided in Code Sec tion 33-41-15;
(3) A pure captive insurance company may only insure or reinsure the risks of its parent and affiliates of its parent;

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(4) An association captive insurance company may only insure or reinsure the risks of the members of its association and their affiliates;
(5) An industrial insured captive insurance company may only insure or reinsure the risks of the industrial insureds, and their affiliates, that are its shareholders or shareholders of its sole shareholder; and
(6) A risk retention group captive insurance company may only insure or reinsure the risks of its group members.
(d) A captive insurance company may reinsure the risks insured or reinsured either directly or indirectly by:
(1) Any other captive insurance company; or
(2) Any foreign or alien insurance company which satisfies the ownership or member ship requirements of a captive insurance company under this chapter; provided, however, that the risks insured or reinsured from the foreign or alien insurance company are solely those of its owners or members or their affiliates.
33-41-4. No captive insurance company may transact any insurance in this state unless:
(1) It first obtains from the Commissioner a certificate of authority authorizing it to transact insurance in this state;
(2) It maintains its principal place of business in this state; and
(3) Any organization providing the principal administrative or management services to such captive insurance company shall maintain its principal place of business in this state and shall be approved by the Commissioner.
33-41-5. (a) A pure captive insurance company must be incorporated as a stock insurer with its capital divided into shares.
(b) An association captive insurance company, or an industrial insured captive insur ance company, or a risk retention group captive insurance company must be incorporated:
(1) As a stock insurer with its capital divided into shares; or
(2) As a mutual insurer without capital stock, the governing body of which is elected by its members.
(c) The applicable statutes of this state relating to the powers and procedures of domes tic corporations formed for profit shall apply to captive insurance companies, except where in conflict with the express provisions of this chapter.
(d) The incorporation procedures of Code Sections 33-14-4 through 33-14-6, inclusive, and the amendment procedures of Code Section 33-14-8 shall apply to captive insurance companies.
33-41-6. (a) A captive insurance company shall not use any name which is either simi lar, misleading, or confusing with respect to any other name already in use by any other captive insurance company, domestic mutual or stock insurance company, corporation, or association organized or doing business in this state. The Secretary of State shall not issue a charter to an applicant attempting to use such a name nor shall the Commissioner approve an application for a certificate of authority from such applicant.
(b) (1) With the exception of risk retention group captive insurance companies, the name of a captive insurance company shall include the words 'captive insurance company' and have such word or words, abbreviation, suffix, or prefix included in the name or at tached to it in such a manner as to clearly indicate that it is a corporation.
(2) The name of a risk retention group captive insurance company shall include the words 'risk retention group captive insurance company' and have such word or words, ab breviation, suffix, or prefix included in the name or attached to it in such a manner as to clearly indicate that it is a corporation.

WEDNESDAY, MARCH 2, 1988

1799

(c) If the captive insurance company is a mutual insurer, the word 'mutual' shall also be a part of the name.
33-41-7. (a) The affairs of every captive insurance company shall be managed by not less than three directors.
(b) At least one-third of the directors of every captive insurance company must be a resident of this state, except that no more than three directors shall be required to be resi dents of this state. A majority of the directors must be citizens of the United States.
(c) Every captive insurance company must report to the Commissioner within 30 days after any change in its directors including in its report a statement of the business and professional background and affiliations of any new director.
33-41-8. (a) The amount of minimum capital or surplus required for each captive insur ance company shall be determined on an individual basis, however:
(1) No captive insurance company incorporated as a stock insurer shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $500,000.00 in capital; or
(2) No captive insurance company incorporated as a mutual insurer shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $500,000.00 in surplus.
The Commissioner may require additional capital or surplus of any captive insurance com pany in an amount he deems appropriate under the circumstances based on the captive insurance company's business plan as described in paragraph (2) of subsection (a) of Code Section 33-41-10. Additional capital or surplus may be required if the captive insurance company's business plan indicates that an increase is required in order for the captive insur ance company to meet its contractual obligations to its policyholders or to maintain its solvency.
(b) Minimum capital or surplus of up to $500,000.00 shall be maintained in any of the following:
(1) Cash;
(2) Certificates of deposit or similar certificates or evidences of deposits in banks or trust companies but only to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation; or
(3) Savings accounts, certificates of deposit, or similar certificates or evidences of de posit in savings and loan associations and building and loan associations but only to the extent that the same are insured by the Federal Savings and Loan Insurance Corporation.
(c) One hundred thousand dollars of the minimum capital or surplus must be deposited with the state prior to the issuance of a certificate of authority.
(d) Any additional capital or surplus in excess of $500,000.00 required by the Commis sioner pursuant to subsection (a) of this Code section may be provided and maintained in any of the following:
(1) Any eligible investments of minimum capital or surplus authorized under Code Sec tion 33-11-5;
(2) Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in Code Section 33-41-9; or
(3) Any other investments approved by the Commissioner that do not impair the finan cial solvency of the captive insurance company.
33-41-9. (a) Any letter of credit used to meet the requirements set forth in Code Sec tions 33-41-8, 33-41-12, and 33-41-14:
(1) Must be clean, irrevocable, and unconditional;

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(2) Must be issued by a bank approved by the Commissioner, which is either a bank chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System;
(3) Must provide that it is presentable and payable within the State of Georgia; and
(4) Must be provided in conformity with any other requirements established by the Commissioner.
(b) The Commissioner may require any captive insurance company to draw upon its letters of credit at any time, in amounts determined by the Commissioner, if the Commis sioner determines that such action is necessary for the protection of the interests of the captive insurance company's policyholders.
33-41-10. (a) The application for an original certificate of authority for a captive insur ance company must be filed with the Commissioner and shall contain the following:
(1) A certified copy of the captive insurance company's articles of incorporation and bylaws;
(2) A business plan which shall contain the following:
(A) A plan of operation or a feasibility study describing the anticipated activities and results of the captive insurance company which shall include:
(i) A description of the coverages, coverage limits and deductibles, and premium rating systems for the lines of insurance or reinsurance that the captive insurance company in tends to offer;
(ii) Historical and expected loss experience of the risks to be insured or reinsured by the captive insurance company;
(iii) Pro-forma financial statements and projections of the proposed business operations of the captive insurance company;
(iv) An analysis of the adequacy of the captive insurance company's proposed premiums and capital and surplus levels relative to the risks to be insured or reinsured by the captive insurance company;
(v) A statement of the captive insurance company's net retained limit of liability on any contract of insurance or reinsurance it intends to issue and the nature of any reinsurance it intends to cede;
(vi) A statement certifying that the captive insurance company's investment policy is in compliance with this title and specifying the type of investments to be made pursuant to Code Section 33-41-19;
(vii) A statement identifying the geographic areas in which the captive insurance com pany intends to operate;
(viii) A statement identifying the persons or organizations who will perform the captive insurance company's major operational functions, including management, underwriting, ac counting, investment of assets, claims adjusting and loss control, and the adequacy of the expertise, experience, and character of such persons or organizations; and
(ix) Whenever required by the Commissioner, an appropriate opinion by a qualified independent casualty actuary regarding the adequacy of the captive insurance company's proposed capital, surplus, and premium levels; and
(B) Such other items deemed relevant by the Commissioner in ascertaining whether the proposed captive insurance company will be able to meet its contractual obligations.
(b) In determining whether to approve an application for an original or renewal certifi cate of authority to a captive insurance company, the Commissioner shall examine the items submitted to him pursuant to subsections (a), (e), and (f) of this Code section. The Commis sioner may rely upon and accept the reports of independent agents who may include li censed insurance counselors, brokers, agents, or adjusters discussed under Chapter 23 of this

WEDNESDAY, MARCH 2, 1988

1801

title, certified actuarial consultants, certified public accountants, risk managers, and exam iners of insurance companies in order to facilitate his examination of the application for a certificate of authority by a captive insurance company. The expenses and charges of such independent agents shall be paid directly by the captive insurance company.
(c) Each captive insurance company shall pay to the Commissioner an amount equal to all costs of examining, investigating, and processing its application for an original or renewal certificate of authority. In addition, it shall pay a fee for the initial year of registration and a renewal fee for each year thereafter in the amount periodically imposed under this title upon other domestic insurance companies.
(d) Pursuant to Code Section 33-3-15, if the Commissioner is satisfied that the docu ments and statements filed by the captive insurance company comply with the provisions of this chapter, he shall notify the captive insurance company of his intention to issue a certifi cate of authority.
(e) After the captive insurance company has been notified pursuant to subsection (d) of this Code section, the captive insurance company shall provide the Commissioner with:
(1) Evidence satisfactory to the Commissioner that the minimum capital or surplus re quired for the particular captive insurance company under Code Section 33-41-8 has been paid in and that the appropriate amount thereof has been deposited with the state; and
(2) A financial statement showing the assets and liabilities of the captive insurance company which is certified by its president and calculated in accordance with the account ing standards set out in Chapter 10 of this title, except as modified by this chapter.
Thereafter, the Commissioner shall promptly issue a certificate of authority authorizing the captive insurance company to transact insurance in this state until the thirtieth day of June thereafter.
(f) Any material change in the items required under subsection (a) of this Code section shall require the prior approval of the Commissioner. Any material change which is not disapproved by the Commissioner within 30 days after its submission shall be deemed approved.
33-41-11. (a) The certificate of authority of a captive insurance company to transact insurance in this state may be refused, suspended, or not be renewed pursuant to Code Sections 33-3-17 through 33-3-19, inclusive.
(b) A certificate of authority shall expire, be renewed, and be amended by the Commis sioner pursuant to Code Section 33-3-16.
33-41-12. For the purposes of determining the financial condition of a captive insurance company, including, but not limited to, the maintenance of adequate reserves pursuant to Code Section 33-41-13, the reporting of business affairs pursuant to Code Section 33-41-15, and the examinations and investigations pursuant to Code Section 33-41-16, there shall be allowed as assets of a captive insurance company:
(1) Those assets described in Code Section 33-10-1;
(2) Those assets otherwise authorized by Code Sections 33-41-8 and 33-41-14; and
(3) Obligations for premium payments, provided such obligations are secured by letters of credit, as described in Code Section 33-41-9.
33-41-13. (a) Every captive insurance company shall maintain reserves in an amount estimated in the aggregate to provide for the payment of all unpaid losses and claims in curred, whether reported or unreported, for which such captive insurance company may be liable, together with the expenses of adjustment or settlement of such losses and claims. Every captive insurance company shall keep a complete and itemized record, in a form sat isfactory to the Commissioner, snowing all losses and claims on which it has received notice.
(b) If the loss experience of a captive insurance company shows that its loss reserves, however estimated, are inadequate, the Commissioner shall require the captive insurance

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company to maintain increased amounts of loss reserves as are needed to make its loss reserves adequate.
(c) Every captive insurance company shall maintain an unearned premium reserve on all policies in force which shall never be less in the aggregate than the captive insurance company's actual liability to all its insureds for the return of gross unearned premiums com puted pursuant to the method commonly referred to as the monthly pro rata method.
33-41-14. (a) A captive insurance company may cede any part of its risks to a reinsurer pursuant to a written reinsurance agreement and may take credit as an asset or a deduction from its liabilities for the amount of reinsurance premiums recoverable under such reinsur ance agreement:
(1) If the reinsurer is in compliance with Code Section 33-7-14;
(2) To the extent that assets are deposited or withheld from the reinsurer under a writ ten trust or escrow agreement approved by the Commissioner pursuant to an express provi sion in the reinsurance agreement as security for the payment of the reinsurer's obligations thereunder, provided that:
(A) The assets deposited or withheld are held subject to withdrawal by, and under the control of, the ceding captive insurance company; or
(B) The assets deposited or withheld are placed in a trust or escrow account for such purposes in a bank which is either chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System and withdrawals cannot be made without the express written consent of the ceding captive insurance company;
(3) To the extent of the amount of a letter of credit, as described in Code Section 33-419, given pursuant to an express provision in the reinsurance agreement as security for the payment of the reinsurer's obligations thereunder; or
(4) When the Commissioner shall otherwise authorize such credits or deductions.
(b) Any assets deposited or withheld under paragraph (2) of subsection (a) of this Code section must be in the form of cash, as defined in Code Section 33-11-6, or securities which must have a market value equal to or greater than the credit taken and are qualified as allowed assets for a domestic insurer under Chapter 11 of this title.
(c) No credit shall be allowed for reinsurance in any unauthorized assuming reinsurer unless such reinsurer designates the Commissioner as agent for service of process in any action arising out of, or in connection with, such reinsurance.
33-41-15. Each captive insurance company shall be required to file annual and other reports of its business affairs and operations as prescribed by Code Section 33-3-21.
33-41-16. (a) The Commissioner or his designated agent may visit each captive insur ance company at any time and examine its affairs in order to ascertain its financial condi tion, its ability to fulfill its contractual obligations, and its compliance with this chapter. For these purposes, the Commissioner or his designated agent shall have free access to all of the books and records relating to the business of the captive insurance company. The expenses and charges of any examination conducted pursuant to this Code section shall be paid di rectly by the captive insurance company examined.
(b) When necessary or desirable to assist in any examination under this Code section, the Commissioner may retain such independent agents as described in subsection (b) of Code Section 33-41-10, as the Commissioner deems appropriate, in order to facilitate his examination under this Code section. The expenses and charges of such persons so retained or designated shall be paid directly by the captive insurance company.
33-41-17. The Commissioner may impose fines as prescribed by Code Section 33-3-20.

WEDNESDAY, MARCH 2, 1988

1803

33-41-18. Except as provided in Code Section 33-41-8:
(1) An association captive insurance company shall comply with the investment require ments contained in Chapter 11 of this title; and
(2) No pure captive insurance company or industrial insured captive insurance com pany shall be subject to any restrictions on eligible investments whatever, including those limitations contained in Chapter 11 of this title; provided, however, that the Commissioner may prohibit or limit any investment that threatens the solvency or liquidity of any such captive insurance company.
33-41-19. (a) No captive insurance company shall be required to join or use the rates, rating systems, underwriting rules, or policy or bond forms of a rating or advisory organiza tion as defined in Code Section 33-9-2.
(b) No captive insurance company shall be required to file its premium rates or policy forms with, or seek approval of such rates or forms from, the Commissioner or any other authority of this state.
(c) Each captive insurance company shall provide the following notice in ten-point type on the front page and declaration page on all policies and on the front page of all applica tions for policies:
'This captive insurance company is not subject to all of the insurance laws and regula tions of the State of Georgia. State insurers insolvency guaranty funds are not available to the policyholders of this captive insurance company.'
33-41-20. (a) (1) No captive insurance company shall be permitted to join or contribute financially to the Georgia Insurers Insolvency Pool under Chapter 36 of this title or any other plan, pool, or association guaranty or insolvency fund in this state nor shall any cap tive insurance company, or its insureds or claimants against its insureds, nor its parent or any affiliated company receive any benefit from the Georgia Insurers Insolvency Pool or any other plan, pool, or association guaranty or insolvency fund for claims arising out of the operations of such captive insurance company.
(2) No captive insurance company shall be required to participate in any FAIR Plan established and maintained in this state under Chapter 33 of this title.
(3) No captive insurance company shall be required to participate in any joint under writing association established and maintained in this state under Chapter 33 of this title.
(b) Captive insurance companies shall be assessed on the same basis as self-insurers for the purpose of payments to the Subsequent Injury Trust Fund as described in Chapter 9 of Title 34.
33-41-21. The provisions of Chapter 37 of this title shall apply to and govern the reha bilitation, reorganization, conservation, and liquidation of captive insurance companies.
33-41-22. All captive insurance companies chartered and licensed under this chapter shall be taxed under the provisions of Chapter 8 of this title and any other provisions of law in the same manner as other domestic insurance companies.
33-41-23. The Commissioner may establish such rules and regulations and issue such interpretive rulings as may be necessary to carry out the provisions of this chapter.
33-41-24. Any provisions of this title which are inconsistent with the provisions of this chapter shall not apply to captive insurance companies."
Section 3. This Act shall become effective January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Stumbaugh of the 55th moved that the Senate agree to the House substitute to SB 635.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dean Echols Edge Fincher Foster Garner

Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Brannon Broun Dawkins

Deal English Engram Kennedy (presiding)

Land McKenzie Shumake Taylor

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 635.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 28. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any state employee injured in the line of duty shall be entitled to his regular compensation for the period of time that any such state employee is physically unable to perform the duties of his employment.

The Second Conference Committee report on SB 28 was as follows:
The Committee of Conference on SB 28 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 28 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Dean Alford Representative, 57th District
/si Bill Barnett Representative, 10th District
/s/ Barbara Couch Representative, 40th District

WEDNESDAY, MARCH 2, 1988

1805

Conference Committee substitute to SB 28:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that a state employee who becomes physi cally disabled as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to his regular compensation for the period of time that such state employee is physically unable to perform the duties of his employment; to define certain terms; to provide certain limitations; to provide procedures; to provide for a reduction in benefits provided by this Act when the injured state employee is entitled to receive workers' compensation benefits; to provide certain exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and em ployees, is amended by striking in its entirety Code Section 45-7-9, relating to compensation for certain line-of-duty injuries of law enforcement officers, firemen, employees of the De partment of Corrections, and employees of the State Board of Pardons and Paroles, which reads as follows:
"45-7-9. (a) As used in this Code section, the term:
(1) 'Fireman' means any person who is employed as a professional firefighter on a fulltime basis of at least 40 hours per week by a state government fire department who has the responsibility of preventing and suppressing fires, protecting life and property, and enforc ing state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires.
(2) 'Law enforcement officer* means any agent or officer employed by the State of Geor gia who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pursuant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision. Such term shall not include narcotics agents as provided for in Code Section 35-3-9.
(b) (1) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who, on or after July 1, 1986, is injured in the line of duty by an act of external violence or injury shall be entitled to receive compen sation as provided in this Code section.
(2) Any fireman who, on or after July 1, 1986, is injured in the line of duty shall be entitled to receive compensation as provided in this Code section.
(c) An employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, fireman, or law enforcement officer injured in the line of duty as pro vided in subsection (b) of this Code section shall continue to receive his regular compensa tion for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code sec tion shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his depart ment head satisfactory evidence of such disability.

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(d) Benefits made available under this Code section shall be subordinate to any work ers' compensation benefits for which the employee, fireman, or officer is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's, fireman's, or officer's regular compensation.
(e) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who qualifies for disability allowances pur suant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section.",
and inserting in lieu thereof a new Code Section 45-7-9 to read as follows:
"45-7-9. (a) As used in this Code section, the term:
(1) 'Agency' means every state department, agency, board, bureau, commission, and au thority, except the Department of Transportation.
(2) 'Full-time' means an employee who regularly works 30 hours or more each week.
(3) 'Injured in the line of duty' means an injury which arises out of or in the course of employment. Going to or from work shall not be considered in the line of duty.
(4) 'State employee' means a full-time employee of an agency.
(b) Any state employee who becomes physically disabled as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section.
(c) Any person injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his department head satisfactory evidence of such disability.
(d) Benefits made available under this Code section shall be subordinate to any work ers' compensation benefits which the employee is awarded and shall be limited to the differ ence between the amount of workers' compensation benefits actually paid and the amount of the employee's regular compensation.
(e) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, employee of the Department of Natural Resources, employee of the Department of Revenue, or law enforcement officer who qualifies for disability allowances pursuant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section.
(f) This Code section shall not apply to employees of the Department of Transportation covered by Code Section 32-2-7."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Second Conference Commit tee report on SB 28.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes

Bowen Bryant Burton Coleman

Coverdell Crumbley Dawkins Dean

WEDNESDAY, MARCH 2, 1988

1807

Echols Fincher Foster Garner Gillis Harris Hudgins Muggins Johnson

Kidd Langford McGill Newbill Olmstead Peevy Perry Phillips Ragan of 10th

Ray Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Edge

Harrison

Ragan of 32nd

Those not voting were Senators:

Barker
Brannon Broun
Deal English

Engram
Hine Howard
Kennedy (presiding) Land

McKenzie Scott of 2nd
Starr Taylor

On the motion, the yeas were 39, nays 3; the motion prevailed, and the Senate adopted the Second Conference Committee report on SB 28.

The following general bills and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 670. By Representative Martin of the 26th:
A bill to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to the administration of estates generally, so as to authorize the judge of the probate court to require the initial posting of a bond given by an administra tor or executor to be posted for a period greater than one year.
Senate Sponsor: Senator Peevy of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge Fincher

Foster Garner Gillis Harris Harrison Hine Huggins Johnson Kidd Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Albert
Barker Brannon Broun Deal

English
Engram Howard Hudgins Kennedy (presiding)

Land McKenzie
bcott of 2nd Taylor

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 794. By Representative Ramsey of the 3rd: A resolution designating the B. T. Parks Memorial Bridge. Senate Sponsors: Senators Fincher of the 54th and Coleman of the 1st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Bryant Burton Coleman Crumbley Dawkins Dean Echols Edge Engram Fincher

Foster Gillis Harris Harrison Hine Howard Huggins Johnson Kidd Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun Coverdell Deal

English Garner Hudgins Kennedy (presiding)

Land McKenzie Scott of 2nd Taylor

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1657. By Representative Pettit of the 19th:
A bill to amend Code Section 36-1-22 of the Official Code of Georgia Annotated, relating to the authority of counties to levy, assess, and collect business and occu-

WEDNESDAY, MARCH 2, 1988

1809

pational license taxes and license fees, so as to provide criteria upon which such taxes or fees may be levied, assessed, and collected.

Senate Sponsor: Senator Turner of the 8th.

The following Fiscal Note, as required by law, was read by the Secretary:

MEMORANDUM

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM: DATE:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
February 11, 1988

SUBJECT: Fiscal Note -- House Bill 1657 (LC 7 6921) Business License Taxes: Criteria for Assessment
This Bill would specifically define the criteria to be used by counties in assessing busi ness and occupational license taxes and fees. The criteria provided for in the Bill includes gross receipts, square footage, number of employees, and any other reasonable criteria. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.
This Bill would have no fiscal impact upon state or county revenues since it serves only to clarify existing provisions within the law.

M G. W. Hogan State Auditor

/a/ C. T. Stevens, Director Office of Planning and Budget

Senator Turner of the 8th offered the following amendment:

Amend HB 1657 by deleting on page 2, lines 5 through 7 in their entirety.

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Burton Coleman Coverdell Crumbley Dean

Echols Edge Engram Fincher Foster Gillis Harris Harrison Hine

Johnson Kidd Langford McGill Newbill Olmstead Peevy Perry Phillips

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Ragan of 10th Ragan of 32nd Ray Shumake

Starr Stumbaugh Tate

Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Brannon Broun Bryant Dawkins Deal

English Garner Howard Hudgins Huggins Kennedy (presiding)

Land McKenzie Scott of 2nd Scott of 36th Taylor Timmons

On the passage of the bill, the yeas were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general resolution of the Senate was taken up for the purpose of consid ering the House amendment thereto:

SR 350. By Senator Hine of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the creation of an Indigent Care Trust Fund and authorize contributions thereto and appropriations therefrom to expand Medicaid coverage; to provide for the sub mission of this amendment for ratification or rejection.

The House amendment was as follows: Amend SR 350 by striking the word "public" on line 13, page 1.

Senator Hine of the 52nd moved that the Senate agree to the House amendment to SR 350.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Bowen Bryant
urton CC~oruvememrbdflelel,yl Dean Echols Edge Engram Fincher Foster

Garner Gillis Harris
Harrison Hine
Howard H;,Lou,hg6ng6sionns Kldd Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd S,,S,choutmt aok,fe36th Starr Stumbaugh Tate Turner Tysinger Walker

WEDNESDAY, MARCH 2, 1988

1811

Those not voting were Senators:

Barker BB*raTMnn68on Broun Dawkins

Deal English Hudgms Kennedy (presiding)

Land McKenzie Taylor Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 350.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are baila ble only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.

Senator Baldwin of the 29th moved that the Senate insist upon the Senate substitute to HB 776.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 776.

The following general bills and resolution of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 1797. By Representatives Birdsong of the 104th, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to create the honorary office of sheriff emeritus.
Senate Sponsor: Senator Harris of the 27th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen
BCoulretomnan Coverdell Crumbley Dawkins Dean

Echols Edge Engram Fincher
GHia?l?rh,tresirs Harrison Hine
Howard Hudgins

Huggins Johnson Kidd Langford
M,NT ecwGb,il.l1,,l 1 Olmstead Peevv
Perry Phillips

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JOURNAL OF THE SENATE

Ragan of 10th Ragan of 32nd Ray

Scott of 36th Stumbaugh Tate

Timmons Turner Tysinger

Those not voting were Senators:

Barker Barnes Brannon Broun Deal

English Garner Kennedy (presiding) Land McKenzie

Scott of 2nd Shumake Starr Taylor Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 417. By Senator Bowen of the 13th:
A resolution creating the Joint Public Safety Study Committee on Communications.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brvant
Cuo,lretomnan CCoruvmerbdleelyl
Dawkins D ean Echols Edge Engram

Fincher Foster Gillis Harris Harrison Hine
HTIudgi. ns ^ Johnsmons
Kidd Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 36th
Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Barker Brannon Broun rjeai English

Garner Howard Kennedy (presiding) Land

McKenzie Scott of 2nd Taylor Walker

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, MARCH 2, 1988

1813

HB 1489. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide for examinations of any authorized insurer which changes its domicile from Georgia to another state.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Insurance offered the following amendment:
Amend HB 1489 by adding on line 6 of page 1, after the semicolon and before the word "to", the following:
"to provide an exception;".
By striking the period and quotation marks at the end of line 20 of page 1 and inserting in lieu thereof the following:
"; provided, however, this subsection shall not apply to an insurer which changes its domicile from Georgia to another state as long as it retains in this state its principal place of business and the complete records of its assets, transactions, and affairs.'"

On the adoption of the amendment, the yeas were 28, nays 3, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bryant Bur*011 Coleman Cverdell CDrauwmkbinles y
Dean Echols
Edge Engram
Fincher

Foster Garner Gillis Harrison Mine Howard Sudg.ins JHouhgngsionns
Kidd Langford
McGill Newbill
Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd P Scott of 36th
Shumake Starr Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Bowen Brannon Broun

Deal English Harris Kennedy (presiding) Land

McKenzie Scott of 2nd Tate Taylor Timmons

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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JOURNAL OF THE SENATE

HB 1692. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers.
Senate Sponsor: Senator Ray of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bryant Burton Coleman Crumbley Dawkins Dean Echols Edge Engram Fincher Foster

Garner Gillis Harrison Hine Howard Hudgins Huggins Johnson Kidd Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen Brannon Broun

Coverdell Deal English Harris Kennedy (presiding)

Land McKenzie Scott of 2nd Taylor Timmons

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.

The Conference Committee report on HB 1441 was as follows: The Committee of Conference on HB 1441 recommends that both the Senate and the

WEDNESDAY, MARCH 2, 1988

1815

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1441 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Hugh Gillis Senator, 20th District
lal Bill English Senator, 21st District
Is! Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Howard H. Rainey Representative, 135th District
/s/ Robert G. Peters Representative, 2nd District
/s/ Lundsford Moody Representative, 153rd District

Conference Committee substitute to HB 1441:

A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer; to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties; to provide for a statement of intent not to abate pending prosecutions; to provide for repeal on a specific date; to amend an Act amending Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "an tlerless or either-sex" deer on certain days in certain counties, approved April 2, 1987 (Ga. L. 1987, p. 530), so as to repeal a provision providing for automatic repeal; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsection (b) of Code Section 27-3-15, relating to seasons and bag limits for hunting game species, and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game spe cies during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:

Game Species Maximum Open Season

Maximum Bag Limits

Daily

Season

(1) Quail

Nov. 19 -- March 15

12

No limit

(2) Grouse

Oct. 15 -- Feb. 29

3

No limit

(3) Turkey

March 15 --

gobblers May 5

2

2

(4) Deer

Sept. 15 -- Jan. 15

5

5

(5) Bobcat

Oct. 15 -- Feb. 29

No limit

No limit

(6) Opossum (A) Oct. 15 --

No limit

No limit

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JOURNAL OF THE SENATE

Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties; and (B) Jan. 1 -- Dec. 31 for the remainder of the state

No limit

No limit

(7) Rabbit

Nov. 19 -- Feb. 29

10

No limit

(8) Raccoon

(A) Oct. 15 -- Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties; and
(B) Jan 1 -- Dec. 31 for the remainder of the state

No limit No limit

No limit No limit

(9) Squirrel

Aug. 15 -- Feb. 29

10

No limit

(10) Fox

Jan. 1 -- Dec. 31

No limit

No limit

(11) Migratory Sept. 1 --

game

March 10

birds

Subject to limits set by the federal government and adopted by the board

(12) Bear

Sept. 15 -- Jan. 15

1

1"

Section 2. Said title is further amended by striking subsection (b) of Code Section 27-3-

WEDNESDAY, MARCH 2, 1988

1817

44, relating to killing of deer which have no antlers visible, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) During the period beginning on April 1, 1988, and ending on July 1, 1989, the board shall establish by regulation no fewer days for antlerless or either-sex deer hunting with firearms in each county than the number of days set forth below: Appling..................................................................... 12 Atkinson.................................................................... 8 Bacon ...................................................................... 5 Baker ...................................................................... 22 Baldwin .................................................................... 25 Banks ...................................................................... 7 Barrow ..................................................................... 10 Bartow ..................................................................... 4 Ben Hill .................................................................... 8 Berrien ..................................................................... 8 Bibb ....................................................................... 25 Bleckley .................................................................... 12 Brantley .................................................................... 8 Brooks...................................................................... 8 Bryan ...................................................................... 8 Bulloch ..................................................................... 12 Burke ...................................................................... 28 Butts....................................................................... 23 Calhoun .................................................................... 22 Camden .................................................................... 8 Candler..................................................................... 12 Carroll...................................................................... 23 Catoosa..................................................................... 0 Charlton .................................................................... 8 Chatham.................................................................... 8 Chattahoochee............................................................... 28 Chattooga................................................................... 4 Cherokee ................................................................... 4 Clarke ...................................................................... 25 Clay........................................................................ 16 Clayton ..................................................................... 0

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JOURNAL OF THE SENATE

Clinch ...................................................................... 8 Cobb ....................................................................... 0 Coffee ...................................................................... 5 Colquitt .................................................................... 3 Columbia ................................................................... 25 Cook ....................................................................... 3 Coweta ..................................................................... 23 Crawford ................................................................... 25 Crisp ....................................................................... 3 Dade ....................................................................... 4 Dawson ..................................................................... 3 Decatur..................................................................... 16 DeKalb ..................................................................... 0 Dodge ...................................................................... 5 Dooly....................................................................... 16 Dougherty .................................................................. 22 Douglas..................................................................... 10 Early ....................................................................... 16 Echols ...................................................................... 3 Effingham................................................................... 12 Elbert ...................................................................... 25 Emanuel.................................................................... 28 Evans ...................................................................... 12 Fannin ..................................................................... 0 Fayette ..................................................................... 23 Floyd....................................................................... 4 Forsyth ..................................................................... 3 Franklin .................................................................... 7 Fulton ...................................................................... 18 Gilmer...................................................................... 0 Glascock .................................................................... 28 Glynn ...................................................................... 8 Gordon ..................................................................... 4 Grady ...................................................................... 16

WEDNESDAY, MARCH 2, 1988

1819

Greene ..................................................................... 25 Gwinnett ................................................................... 10 Habersham.................................................................. 1 Hall........................................................................ 3 Hancock .................................................................... 25 Haralson.................................................................... 4 Harris ...................................................................... 28 Hart. ....................................................................... 3 Heard ...................................................................... 25 Henry ...................................................................... 23 Houston .................................................................... 28 Irwin ....................................................................... 5 Jackson..................................................................... 18 Jasper ...................................................................... 23 Jeff Davis................................................................... 8 Jefferson.................................................................... 28 Jenkins ..................................................................... 28 Johnson .................................................................... 18 Jones....................................................................... 28 Lamar ...................................................................... 25 Lanier ...................................................................... 3 Laurens..................................................................... 12 Lee......................................................................... 16 Liberty ..................................................................... 8 Lincoln ..................................................................... 25 Long ....................................................................... 8 Lowndes .................................................................... 8 Lumpkin.................................................................... 3 McDuffie.................................................................... 25 Mclntosh ................................................................... 8 Macon...................................................................... 28 Madison .................................................................... 18 Marion ..................................................................... 28 Meriwether ................................................................. 25

1820

JOURNAL OF THE SENATE

Miller ...................................................................... 3 Mitchell .................................................................... 3 Monroe ..................................................................... 25 Montgomery ................................................................ 12 Morgan ..................................................................... 18 Murray ..................................................................... 0 Muscogee ................................................................... 28 Newton ..................................................................... 23 Oconee ..................................................................... 25 Oglethorpe .................................................................. 25 Paulding.................................................................... 4 Peach ...................................................................... 25 Pickens ..................................................................... 0 Pierce ...................................................................... 8 Pike........................................................................ 25 Polk........................................................................ 4 Pulaski ..................................................................... 12 Putnam..................................................................... 23 Quitman .................................................................... 28 Rabun ...................................................................... 1 Randolph ................................................................... 28 Richmond................................................................... 25 Rockdale.................................................................... 10 Schley ...................................................................... 28 Screven..................................................................... 28 Seminole.................................................................... 3 Spalding .................................................................... 23 Stephens.................................................................... 3 Stewart ..................................................................... 28 Sumter ..................................................................... 28 Talbot...................................................................... 28 Taliaferro................................................................... 25 Tattnall .................................................................... 12 Taylor ...................................................................... 28

WEDNESDAY, MARCH 2, 1988

1821

Telfair...................................................................... 5

Terrell...................................................................... 28

Thomas..................................................................... 16

Tift ........................................................................ 5

Toombs..................................................................... 8

Towns ...................................................................... 0

Treutlen .................................................................... 8

Troup ...................................................................... 25

Turner ..................................................................... 5

Twiggs...................................................................... 28

Union ......................................................................

0

Upson ...................................................................... 25

Walker .....................................................................

4

Walton ..................................................................... 10

Ware .......................................................................

5

Warren ..................................................................... 25

Washington ................................................................. 28

Wayne...................................................................... 8

Webster .................................................................... 28

Wheeler .................................................................... 12

White ......................................................................

1

Whitfleld ...................................................................

0

Wilcox...................................................................... 8

Wilkes...................................................................... 25

Wilkinson................................................................... 28

Worth ...................................................................... 16

Total ...................................................................... 2280"
Section 3. This Act shall become effective on April 1, 1988.
Section 4. It is the intention of the General Assembly that prosecutions of offenses under Code Section 27-3-44 of the Official Code of Georgia Annotated which are pending on the date this Act becomes effective shall not be abated as a result of the amendment to that Code section accomplished by this Act.
Section 5. Subsection (b) of Code Section 27-3-44 of the Official Code of Georgia Anno tated shall stand repealed in its entirety on July 1, 1989, and on that date the letter "(a)" appearing at the beginning of said Code Section 27-3-44 shall be stricken.
Section 6. An Act amending Code Section 27-3-44 of the Official Code of Georgia Anno tated, relating to the killing of deer which have no antlers visible, so as to provide that it

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JOURNAL OF THE SENATE

shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain coun ties, approved April 2, 1987 (Ga. L. 1987, p. 530), is amended by repealing Section 4, which reads as follows:
"Section 4. Subsection (b) of Code Section 27-3-44 shall stand repealed in its entirety on July 1, 1988, and on that date the letter '(a)' appearing at the beginning of Code Section 27-3-44 shall be stricken.",
in its entirety.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th moved that the Senate adopt the Conference Committee re port on HB 1441.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes owen nBCouyvrfteonrndtell Crumbley j}ean Echols Edge Engram Fincher

Foster Gillis Harrison Hine Hudgins 3H,u*, g\6TMg6 ionns K,dd Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray S0S,hcoutmt aok.fe36th Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon BCrooleumn an
Dawkins
Deal

English Garner H,, ams
Howard
Kennedy (presiding)

Land McKenzie S,, co,t,t of. 20 nd,
Taylor
Timmons

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1441.

The following general resolution and bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HR 811. By Representatives Connell of the 87th, Padgett of the 86th, Ransom of the 90th and others:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia or the Georgia Building Authority (Hos pital) in Richmond County, Georgia.
Senate Sponsor: Senator Allgood of the 22nd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

WEDNESDAY, MARCH 2, 1988

1823

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
Bowen Bryant
^CCoou,vlreteomrndaenll
Crumbley Dawkins
Dean Echols Edge Engram

Fincher Foster Garner Gillis
Harris Harnson
SHMuiund,gfggim-nss
Johnson Kidd
Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th
Ragan of 32nd ^
SS_,hcoutmt aok.fe36th
btarr Stumbaugh
Tate Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun Deal

English Howard Kennedy (presiding) Land

McKenzie Scott of 2nd Taylor Timmons

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1451. By Representatives Johnson of the 72nd, Lee of the 72nd, Bailey of the 72nd, Isakson of the 21st and Holcomb of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to provide the amount to be maintained as a minimum balance in the real estate education, research, and recovery fund; to provide the maximum amount of any claim against such fund.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following substitute to HB 1451:

A BILL
To be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to pro vide the amount to be maintained as a minimum balance in the real estate education, re search, and recovery fund; to provide the maximum amount of any claim against such fund; to provide for editorial revision; to provide the rate of interest to be charged on amount to be repaid to such fund by licensees; to provide for uses of such fund; to authorize the com mission to exclude persons from certain proceedings; to provide for the review of records of investigations; to provide for cease and desist orders; to change the termination date of the Georgia Real Estate Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to

1824

JOURNAL OF THE SENATE

the regulation of real estate brokers and salespersons, is amended by striking Code Section 43-40-22, relating to the real estate education, research, and recovery fund, and inserting in lieu thereof a new Code Section 43-40-22 to read as follows:
"43-40-22. (a) The commission is authorized and directed to establish and maintain a real estate education, research, and recovery fund. All funds in the real estate recovery fund established by Ga. L. 1973, p. 100, shall be transferred to and utilized through the real estate education, research, and recovery fund.
(b) The commission shall maintain a minimum balance of $1 million in the real estate education, research, and recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including inter ests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $15,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition:
(1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $45,000.00 on behalf of such licensee;
(2) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund; and
(3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $15,000.00 from the fund.
(c) When any person makes application for an original license to practice as a licensee, that person shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit in the education, research, and recovery fund.
(d) (1) No action for a judgment which subsequently results in an order for collection from the real estate education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person com mences action for a judgment which may result in collection from the real estate education, research, and recovery fund, the aggrieved person shall notify the commission in writing, by certified mail, return receipt requested, to this effect at the time of the commencement of such action. The commission shall have the right to intervene in and defend any such action.
(2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee for any act, representation, transaction, or conduct which is in violation of this chapter, or of the regulations promulgated pursuant thereto, which act occurred on or after July 1, 1973, the aggrieved person may, upon termination of all pro ceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the commission, may apply to the court for an order directing payment out of the real estate education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section.
(3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show that such person:
(A) Is not a spouse or debtor or the personal representative of such spouse;
(B) Has complied with all the requirements of this Code section;
(C) Has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in

WEDNESDAY, MARCH 2, 1988

1825

such action, the aggrieved person had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties;
(D) Has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized;
(E) Has caused the judgment debtor to make discovery under oath concerning the judg ment debtor's property, in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act';
(F) Has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment;
(G) Has discovered by such search no personal or real property or other assets liable to be sold or applied or that certain of them, being described, owned by the judgment debtor and liable to be so applied have been discovered and that the aggrieved person has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and
(H) Has applied the following items, if any, as recovered by the aggrieved person, to the actual or compensatory damages awarded by the court:
(i) Any amount recovered from the judgment debtor or debtors;
(ii) Any amount recovered from the bonding company or companies; or
(iii) Any amount recovered in out-of-court settlements as to particular defendants.
(4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasona ble steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements.
(5) The court shall make an order directed to the commission requiring payment from the real estate education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him for recovering the amount awarded by the judgment of the court.
(6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a corporation or partnership, the license of the qualifying broker of the corporation or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until he has repaid in full, plus interest at the judgment rate in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities pro vided in this subsection.

1826

JOURNAL OF THE SENATE

(7) If, at any time, the money deposited in the real estate education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the real estate education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent a year.
(e) The sums received by the commission pursuant to any provisions of this Code sec tion shall be deposited into the state treasury and held in a special fund to be known as the 'Real Estate Education, Research, and Recovery Fund' and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic life insurance companies under the laws of this state, and the interest from these investments shall be deposited to the credit of the real estate education, research, and recovery fund and shall be available for the same purposes as all other money deposited in the real estate education, research, and recovery fund.
(f) It shall be unlawful for any person or his agent to file with the commission any notice, statement, or other document required under this Code section which is false, un true, or contains any material misstatement of fact and shall constitute a misdemeanor.
(g) When the commission receives notice, as provided in subsection (d) of this Code section, the commission may enter an appearance, file an answer, appear at the court hear ing, defend the action, or take whatever other action it may deem appropriate on behalf and in the name of the defendant and take recourse through any appropriate method of review on behalf of and in the name of the defendant.
(h) When, upon the order of the court, the commission has paid from the real estate education, research, and recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all his right, title, and interest in the judgment to the commission before any pay ment is made from the fund, and any amount and interest so recovered by the commission on the judgment shall be deposited to the fund. If the total amount collected on the judg ment by the commission exceeds the amount paid from the fund to the original judgment creditor plus interest and the cost of collection, the commission may elect to pay any over age collected to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the fund to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the com mission attempting to collect assigned judgments shall be paid from the fund.
(i) The failure of an aggrieved person to comply with all of the provisions of this Code section shall constitute a waiver of any rights under this Code section.
(j) The commission, in its discretion, may use any and all funds from new licensee pay ments to the real estate education, research, and recovery fund or from accrued interest earned on the fund for the purpose of helping to underwrite the cost of developing courses, conducting seminars, conducting research projects on matters affecting real estate broker age, publishing and distributing educational materials, or other education and research pro grams for the benefit of licensees and the public as the commission may approve in accor dance with the provisions of this chapter and its rules and regulations; provided, however, that the commission shall not expend or commit sums for educational or research purposes in such amounts as would cause the real estate education, research, and recovery fund to be reduced to an amount less than $1 million.
(k) In addition to the license fees provided for in this chapter, the commission, in its discretion and based upon the need to ensure that a minimum balance of $1 million is maintained in the real estate education, research, and recovery fund, may assess each licen see, only upon renewal of the license, an amount not to exceed $30.00 per year."
Section 2. Said chapter is further amended by striking subsection (d) of Code Section

WEDNESDAY, MARCH 2, 1988

1827

43-40-27, relating to the investigation of complaints, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The results of all investigations shall be reported only to the commission or to the commissioner, and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the commission and no part of any investigative record shall be released for any purpose other than a hearing before the com mission or its designated hearing officer, review by another law enforcement agency or law ful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the commission upon an affirmative vote of all members of the commission, review by the respondent after the service of a notice of hearing, review by the commission's legal counsel, or an appeal of a decision by the commission to a court of competent jurisdic tion. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent."
Section 3. Said chapter is further amended by adding at the end of Code Section 43-4027, relating to the investigation of complaints, a new subsection (f) to read as follows:
"(f) The commission shall have the authority to exclude all persons during the commis sion's or the staff of the commission's:
(1) Deliberations on disciplinary proceedings;
(2) Meetings with a licensee or an applicant or the legal counsel of that licensee or applicant in which the licensee or applicant seeks to settle a contested case as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and
(3) Review of the results of investigations initiated under this Code section."
Section 4. Said chapter is further amended by adding at the end of Code Section 43-4030, relating to acting as a broker or associate broker without a license, new subsections (c), (d), (e), and (f) to read as follows:
"(c) Notwithstanding any other provisions of law to the contrary, after notice and hear ing, the commission may issue a cease and desist order prohibiting any person from violat ing the provisions of this chapter by engaging in the practice of a real estate broker without a license.
(d) The violation of any cease and desist order of the commission under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the commission, and the commission shall be authorized to impose a fine not to ex ceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation.
(e) Initial judicial review of the decision of the commission entered pursuant to this Code section or an action for enforcement of such decision shall be available solely in the superior court of the county of domicile of the commission.
(f) Nothing in this Code section shall be construed to prohibit the commission from seeking remedies otherwise available by statute without first seeking a cease and desist or der in accordance with the provisions of this Code section."
Section 5. Said chapter is further amended by striking Code Section 43-40-32, relating to the termination of the Georgia Real Estate Commission, and inserting in lieu thereof a new Code Section 43-40-32 to read as follows:
"43-40-32. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Real Estate Commission shall be terminated on July 1, 1994, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

1828

JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen
BBu/yrtfo*n CCoolveemrdaenll
Crumbley Dawkins Dean Echols Edge Engram

Fincher Foster Garner Gillis Harris
gHmarerison HHouwdgairnds
Huggins Johnson Kidd Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of loth
RDagan of 32nd 0Scoytt o,f 3,,,,6.t,h
btarr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Barker Brannon Broun Deal

English Kennedy (presiding) Land McKenzie

Scott of 2nd Shumake Taylor Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1322. By Representatives Mueller of the 126th, Ramsey of the 155th, Alien of the 127th, Goodwin of the 63rd and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to require verification that the person to whom an alco holic beverage is sold or otherwise furnished is 21 years of age or older.
Senate Sponsor: Senator Scott of the 36th.

The Senate Committee on Consumer Affairs offered the following substitute to HB 1322:

A BILL
To be entitled an Act to amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, so as to provide for the duty to verify that the person to whom an alcoholic beverage is sold or otherwise furnished is 21 years of age or older under certain circumstances; to provide for definitions; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 2, 1988

1829

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic bever ages, is amended by adding at the end thereof a new subsection, to be designated subsection (h), to read as follows:
"(h) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom an alcoholic beverage is to be sold or otherwise fur nished is actually 21 years of age or older, it shall be the duty of the person selling or otherwise furnishing such alcoholic beverage to request to see and to be furnished with proper identification as provided for in subsection (d) of this Code section in order to verify the age of such person; and the failure to make such request and verification in any case where the person to whom the alcoholic beverage is sold or otherwise furnished is less than 21 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such alcoholic beverage did so knowingly."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dean Echols Edge Engram Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Barker Brannon Broun Dawkins

Deal English Kennedy (presiding) Land

McKenzie Ragan of 10th Taylor

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

1830

JOURNAL OF THE SENATE

The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 332. By Senators Olmstead of the 26th and Kidd of the 25th: A resolution creating the Health Related Professions Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barnes ^owen B^ "CCoou,lveemrdaenll
Crumbley Dean Echols Edge Engram Fincher

Foster Garner Gillis
Harris Harrison Hine H,,Houwd, &al.rnds
Hu^ms Johnson Kidd McGill Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray S0Sch1outm.t 1aokf e2nd
Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Barker
BBrroanunnon Dawkins Deal

English Kennedy (presiding)
Land Langford

McKenzie Scott of 36th
Taylor Timmons

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 413. By Senator Coverdell of the 40th: A resolution relative to automobile seat belts.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Bryant

Burton Coleman Coverdell Crumbley Dean Edge

Engram Fincher Foster Gillis Harris Harrison

WEDNESDAY, MARCH 2, 1988

1831

Hine Howard Hudg'118
John'sTM Kidd Langford Newbill

Olmstead Peevy Phillips
RaSan of 10th Ragan of 32nd Ray Scott of 36th

Shumake Starr Stumbaugh
Tate Timmons Tysinger Walker

Those not voting were Senators:

Barker Brannon

English Garner

Dawkins Deal Echols

Kennedy (presiding) Land McGill

McKenzie Perry
Scott of 2nd Taylor Turner

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 418. By Senator Bowen of the 13th: A resolution supporting the Georgia Public Safety Memorial.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

Engram Fincher Foster Gillis Harris Harrison Hine Hudgins Huggins Johnson Kidd Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons
Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun Deal English

Garner Howard Kennedy (presiding) Land Langford

McGill McKenzie Scott of 2nd Taylor

1832

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 435. By Senator Engram of the 34th:
A resolution urging the State Merit System of Personnel Administration to en courage personnel directors of state agencies and the Georgia Building Authority to create designated smoking areas in government buildings.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Edge Engram

Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Langford McGill

Newbill Phillips Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those voting in the negative were Senators:

Olmstead Perry

Ragan of 10th

Timmons

Those not voting were Senators:

Baldwin Barker Bowen Brannon Broun Deal

Echols English Garner Johnson Kennedy (presiding)

Land McKenzie Peevy Scott of 2nd Taylor

On the adoption of the resolution, the yeas were 36, nays 4.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1456. By Representative Robinson of the 96th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide that in contested cases involving a license to practice medicine or a license to practice

WEDNESDAY, MARCH 2, 1988

1833

dentistry in this state, the filing of an application for appeal or a notice of appeal shall not by itself stay enforcement of the agency decision.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge Engram

Fincher Foster Gillis Harris Harrison Hine Howard Huggins
Johnson Kidd Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun Deal

English Garner Hudgins Kennedy (presiding)

Land McKenzie Scott of 2nd Taylor

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 5:00 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

1834

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, March 3, 1988
Thirty-eighth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator English of the 21st reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Engram of the 34th moved that the Senate reconsider its action of Wednesday, March 2, in passing the following local bill of the House:
HB 1866. By Representative Heard of the 43rd: A bill to amend an Act providing a city charter for the City of Fayetteville in the County of Fayette, so as to change the corporate limits of the city.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate reconsid ered the passage of HB 1866, and it was placed on the Senate Local Consent Calendar for today.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 631. By Senator Kidd of the 25th: A bill to amend an Act creating county courts (now state court) in certain desig nated counties of this state, as amended, so as to change the compensation provi sions relating to the judge and the solicitor of the State Court of Baldwin County.
SB 661. By Senators Olmstead of the 26th, Barker of the 18th and Harris of the 27th: A bill to amend an Act known as "Macon-Bibb County Water & Sewerage Au thority Act Amended"; to amend an Act entitled "Macon-Water Commissioners' Pension Plan" so as to define the term "compensation"; to increase the retire ment benefits from 1 '/a % of final average monthly earnings times years of service.
SB 670. By Senator Kidd of the 25th: A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to authorize the board of commissioners to lease certain county owned property.
SB 672. By Senator Baldwin of the 29th: A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide for meetings of said board; to provide for a quorum for said meetings.

THURSDAY, MARCH 3, 1988

1835

SB 675. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Madison, as amended, so as to change the corporate limits of the city; to provide an effective date.
SB 334. By Senator Brannon of the 51st:
A bill to add one additional judge of the superior court for the Appalachian Judi cial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide an effective date.
SB 537. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and others:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide additional requirements for the expenditure of bond funds and lengthen the amount of time allowed for letting contracts related to projects financed with bond proceeds in counties of this state having a popula tion of not less than 250,000 nor more than 400,000.
SB 562. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to certain records to be kept by the Department of Public Safety, so as to provide that in response to a subpoena or upon the request of an appropriate governmental or judicial official, the Department of Public Safety shall provide a duly authenticated copy of any record or other document.
SB 405. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to pro vide that a certified copy of a marriage license shall be acceptable identification for voter registration; to amend Code Section 21-3-125 of the Official Code of Georgia Annotated, relating to qualification and registration of voters for munici pal elections, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration.
SB 431. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a program of assistance to victims of crime under certain circumstances; to provide for declaration of purpose; to de fine certain terms; to provide for the Georgia Crime Victims Compensation Board and for the appointment and compensation of its members.
SB 508. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to pro vide that each principal or assistant principal of every public or private high school and the director of each area vocational school may register to vote per sons employed by the school system.

1836

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 367. By Senator Brannon of the 51st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia; to provide an effective date.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 367. By Senators Peevy of the 48th, Allgood of the 22nd and Stumbaugh of the 55th:
A bill to amend Code Section 31-9-6 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.
SB 404. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to the procedure upon change of an elector's residence, so as to remove the requirement that a change of address be made under oath; to amend Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to change the procedure relat ing to change of residence of an elector by removing the requirement that a change of address be made under oath.
SB 98. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, so as to provide for the mark ing of all dentures and other removable dental prostheses with the name or social security number of the intended wearer; to provide for the method and manner of such markings; to provide for exceptions.
SB 73. By Senator Deal of the 49th:
A bill to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of con struction contracts to agreements to arbitrate generally.
The House has passed by the requisite constitutional majority the following bill of the Senate:
SB 409. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change certain requirements and procedures regarding the filling of vacancies in the office of the judge of the probate court; to change the provisions relating to appointment of clerks by probate judges; the filling of vacancies in the office of county surveyor; the filling of vacancies in the office of coroner; the filling of vacancies in the offices of tax receiver, collector, or commissioner.

THURSDAY, MARCH 3, 1988

1837

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 248. By Senator Hine of the 52nd: A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a ten ant; to provide for a definition; to provide for a penalty.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 979. By Representatives Reaves of the 147th, Sherrod of the 143rd, Branch of the 137th, Greene of the 130th, Pittman of the 60th and others: A resolution urging Japan Tobacco, Inc., to purchase high-quality Georgia to bacco during the 1988 tobacco marketing season.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1671. By Representatives Ware of the 77th and Wood of the 9th: A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to change the scope and applicability of coverage of such association; to provide that a person may be a resident only of one state for purposes of payments from the association; to provide for coverages of the guaranty association to certain eligible persons.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 704. By Representatives Couch of the 40th, Johnson of the 72nd, Lane of the 27th, Selman of the 32nd, Greer of the 39th and others: A bill to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Geor gia, so as to provide that persons employed after a certain date by a certain county school system shall be members of the Teachers Retirement System of Georgia and may not be members of a local retirement fund.
HB 1674. By Representative Stephens of the 68th: A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties at tax sales, so as to provide a date for the expiration of the redemption period for realty sold under tax execution before August 22, 1981.
HB 1791. By Representatives Jackson of the 83rd and Harris of the 84th: A bill to amend an Act creating a board of commissioners for Columbia County, so as to change the salary provisions relating to the chairman and other members of the board of commissioners; to provide for an allowance for members of the board to enable such members to carry out their duties.
HB 1216. By Representatives Benn of the 38th, Clark of the 13th, Greer of the 39th, Thomas of the 31st, Sinkfield of the 37th and others: A bill to amend Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions regarding employee records checks for daycare centers, so as to change a definition.

1838

JOURNAL OF THE SENATE

The House has adopted the report of the 2nd Committee of Conference on the follow ing bill of the Senate:
SB 28. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any state employee injured in the line of duty shall be entitled to his regular compensation for the period of time that any such state employee is physically unable to perform the duties of his employment.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.
The following resolutions of the Senate were introduced, read the first time and re ferred to committee:
SR 476. By Senators Taylor of the 12th, Hudgins of the 15th, Ragan of the 10th and others: A resolution requesting the Senate Committee on Economic Development and Tourism to study the feasibility of granting certain deductions for income tax purposes with respect to payments to minority subcontractors pursuant to con tracts made by counties, municipalities, and local boards of education.
Referred to Committee on Rules.
SR 481. By Senators Ragan of the 10th, Echols of the 6th, Ray of the 19th and others: A resolution urging the Department of Human Resources to require a farm acci dent module as part of the training for emergency medical technicians in rural areas.
Referred to Committee on Rules.
SR 485. By Senators Howard of the 42nd, Stumbaugh of the 55th, Burton of the 5th and others: A resolution commending the DeKalb Teenage Pregnancy and Parenting Project (TAPP).
Referred to Committee on Rules.
The following resolution of the House was read the first time and referred to committee:
HR 979. By Representative Reaves of the 147th and others: A resolution urging Japan Tobacco, Inc., to purchase high-quality Georgia to bacco during the 1988 tobacco marketing season.
Referred to Committee on Rules.
The following reports of standing committees were read by the Secretary:

THURSDAY, MARCH 3, 1988

1839

Mr. President:
The Committee on Banking and Finance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 337. Do pass. HB 908. Do pass by substitute. HB 1785. Do pass.
Respectfully submitted, Senator Hudgins of the 15th District, Chairman
Mr. President:
The Committee on Children and Youth has had under consideration the following reso lutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 462. Do pass. SR 463. Do pass. SR 470. Do pass.
Respectfully submitted, Senator Barker of the 18th District, Chairman
Mr. President:
The Committee on Education has had under consideration the following bill and resolu tion of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 469. Do pass. HB 1240. Do pass.
Respectfully submitted, Senator Foster of the 50th District, Chairman
Mr. President:
The Committee on Human Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1281. Do pass by substitute. Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Insurance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1030. Do pass. HB 1641. Do pass by substitute.

1840

JOURNAL OF THE SENATE

HB 1748.

Do pass by substitute. Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1494. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1250. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions and bill of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 421. Do pass. SR 461. Do pass. HB 1802. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 683. Do pass.

HB 1767. Do pass.

SB 684. Do pass.

HB 1778. Do pass.

SB 685. Do pass.

HB 1816. Do pass.

SB 686. Do pass.

HB 1833. Do pass by substitute.

SB 687. Do pass.

HB 1879. Do pass.

SB 688. Do pass as amended.

HB 1883. Do pass.

HB 1477. Do pass.

HB 1888. Do pass.

HB 1526. Do pass.

HB 1891. Do pass.

HB 1617. Do pass as amended.

HB 1892. Do pass.

HB 1762. Do pass.

HB 1894. Do pass as amended.

THURSDAY, MARCH 3, 1988

1841

HB 1895. HB 1899.

Do pass as amended.

HB 1900. Do pass.

Do pass.

HB 1902. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SR 421. By Senator Howard of the 42nd:
A resolution urging the Governor to encourage the law enforcement officers and agencies of this state and its political subdivisions to intensify their enforcement of the litter control laws of this state.

SR 461. By Senator Kidd of the 25th: A resolution creating the Health Care Certificate of Need Study Committee.

SR 462. By Senator Barker of the 18th: A resolution relative to the Children's Trust Fund.

SR 463. By Senator Barker of the 18th: A resolution relative to passage of the Young Americans Act of 1987.

SR 469. By Senators Foster of the 50th and Deal of the 49th:
A resolution urging the Governor's task force to review program weights under the Quality Basic Education Formula to review the need for certain essential counseling services.

SR 470. By Senator Barker of the 18th:
A resolution relative to the Children and Youth Economic Development Study Committee created by the Southern Legislators Conference on Children and Youth.

HB 337. By Representative Groover of the 99th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to abolish the State Board of Equalization; to repeal certain provisions for the return and assessment of public utility property for ad valorem school tax purposes, thereby providing for the return and assessment of such property in the same manner as other tangible property.

HB 908. By Representative Ramsey of the 3rd:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to remove the limit on the maximum amount of intangible recording tax payable; to convert the intangible recording tax to a documentary tax.

HB 1030. By Representative Workman of the 51st:
A bill to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans of motor vehicle liability insurance, self-insurers, and "spot" insurance, so as to authorize the Commissioner of Insur ance to approve certificates of self-insurance for motor vehicle insurance purposes.

1842

JOURNAL OF THE SENATE

HB 1240. By Representatives Lawler of the 20th, Cummings of the 17th and Hensley of the 20th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights for funding under the "Quality Basic Education Act," so as to provide that program weights shall be sufficient funds to make payments to teachers for unused sick leave; to amend Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick and other leave for teachers and other personnel, so as to provide for certain payments to teachers for unused sick leave.
HB 1250. By Representatives Porter of the 119th, Thomas of the 69th, Pettit of the 19th, Robinson of the 96th and Lawson of the 9th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to change provisions relating to renunciations of successions to interests in property to clarify the breadth of the description of interests in property that may be renounced and the persons who may renounce them; to provide a definition of the term "interest in property".
HB 1494. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics by in surers and rating and advisory organizations generally, so as to require an insurer to report its statistics through a recognized statistical agency or advisory organization.
HB 1641. By Representatives Ware of the 77th, Wood of the 9th, Groover of the 99th, Watson of the 114th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of collision damage waivers; to provide a short title; to provide for applicability; to define certain terms; to provide for licenses, renewals, and fees associated with such licenses; to provide for the filing and approval of forms; to provide for the content of colli sion damage waivers.
HB 1748. By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of long-term care insurance policies; to provide a statement of legislative purpose.
HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.
HB 1802. By Representatives Isakson of the 21st and Colbert of the 23rd:
A bill to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to the introduction of bills having significant impact upon anticipated revenues or expenditures and fiscal notes, so as to require as part of a fiscal note an explanation of the impact of a bill on the taxpayers of this state.

THURSDAY, MARCH 3, 1988

1843

HB 1281. By Representatives Hooks of the 116th, Richardson of the 52nd, Childers of the 15th and others:
A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, includ ing Human Immunodeficiency Virus (HIV).

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Brannon
Broun rvant
GCurou,rlemtombnaleny Dawkins Dean Echols Edge English Engram

Fincher Foster Garner Gillis
Harris Harrison
H,,"^inSe 1118 Johnson Kennedy Kidd Land Langford McGill

Those not answering were Senators:

McKenzie Olmstead Peevy Ragan of 10th
Ragan of 32nd Ray
S0S,hcoutmt aok.fe2nd Starr Stumbaugh Tate Taylor Tysinger Walker

Barker Barnes Bowen Coverdell Deal

Howard Hudgins
Newbill Perry

Phillips Scott of 36th
Timmons Turner

Senator Tate of the 38th introduced the chaplain of the day, Reverend W. Clyde Wil liams, Executive Secretary of the Christian Methodist Episcopal Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 477. By Senator Phillips of the 9th:
A resolution recognizing and commending the Georgia Amateur Hockey Associa tion Bantam Travel Team.

SR 478. By Senator Ragan of the 32nd:
A resolution commending the Campbell High School Seventh Grade football team.

1844

JOURNAL OF THE SENATE

SR 479. By Senators English of the 21st and Gillis of the 20th: A resolution commending Mr. Barney Riner.
SR 480. By Senator Shumake of the 39th: A resolution commending Maher T. Hassan, M.D.
SR 482. By Senator Walker of the 43rd: A resolution commending Minister Hubert Floyd Shepherd.
SR 483. By Senator Walker of the 43rd: A resolution commending Reverend Dr. George 0. McCalep.
SR 484. By Senators Harris of the 27th and Olmstead of the 26th: A resolution commending Harvey R. Brown.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
March 3, 1988
THIRTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 683 Brannon, 51st Gordon County Changes certain provisions relating to salaries of Superior Court; changes cer tain provisions relating to when fees of such officers shall be paid into the county treasury.
SB 684 Harrison, 37th Barnes, 33rd Ragan, 32nd Newbill, 56th Cobb County Provides for qualifications for Magistrate Court of county.
SB 685 Brannon, 51st Dean, 31st Hine, 52nd Harrison, 37th Cherokee Judicial Circuit Provides a supplement to the salary of the district attorney of said circuit; provides an effective date.
SB 686 Brannon, 51st Hine, 52nd Dean, 31st Harrison, 37th Cherokee Judicial Circuit Provides for the employment, powers, duties, compensation, and expenses of

THURSDAY, MARCH 3, 1988

1845

the assistant district attorney; provides for additional circuit paid staff posi tions for the office of the district attorney of the circuit.

SB 687 Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County
Provides for nonpartisan election of the chief magistrate of Magistrate Court.

*SB 688 Brannon, 51st Gilmer County
Provides for terms of office for the county school superintendent; provides procedures relative to the nomination and qualification of candidates for school superintendent; provides for related matters. (Amendment)

HB 1477 Albert, 23rd Allgood, 22nd Richmond County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.

HB 1526 Dean, 31st City of Van Wert Polk County
Repeals an Act entitled "An Act to incorporate the town of Van Wert in county of Polk."

*HB 1617

Phillips, 9th Peevy, 48th Gwinnett County
Provides an exemption from county school district ad valorem taxes for full value of homesteads of residents of county school districts who are 62 years of age or over or who are disabled; provides for exception with respect of land in excess of one acre. (Amendment)

HB 1762 Peevy, 48th Phillips, 9th Gwinnett County
Changes method of compensating the Board of Education; changes amount.

HB 1767 Peevy, 48th City of Sugar Hill Gwinnett County
Changes corporate limits of city; provides for maps and descriptions of corpo rate boundaries.

HB 1778 Harrison, 37th City of Kennesaw Cobb County
Changes compensation of mayor, councilmen, and mayor pro tern.

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HB 1816 Peevy, 48th Phillips, 9th City of Snellville Gwinnett County
Changes corporate limits of city.

*HB 1833

Johnson, 47th Broun, 46th Jackson County
Provides that judge of State Court shall be a full-time judge and shall not engage in the private practice of law; provides that the solicitor of such court shall be a full-time solicitor and shall not engage in private practice of law. (Substitute)

HB 1879 Perry, 7th Ware County
Provides for office of mayor; provides that mayor shall be elected from city at large by plurality vote; provides for terms and qualifications; provides for powers and duties; provides for elections; provides for implementation.

HB 1883 Taylor, 12th Dougherty County
Provides for salary of judge of Probate Court; provides an effective date.

HB 1888 Crumbley, 17th Starr, 44th Clayton County
Changes compensation of chairman and other members of Board of Commis sioners.

HB 1891 Barnes, 33rd Harrison, 37th Ragan, 32nd Newbill, 56th Cobb County
Changes compensation of tax commissioner and chief clerk.

HB 1892 Edge, 28th Spalding County
Changes number of members of Spalding County Water and Sewerage Au thority from six to seven members; fixes terms of office of seventh member.

*HB 1894

Harrison, 37th Barnes, 33rd Ragan, 32nd Newbill, 56th Cobb County
Provides for a homestead exemption of $22,000.00 from all county ad valorem taxes, including taxes to retire bonded indebtedness of county school system, for residents of county school district who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year. (Amendment)

THURSDAY, MARCH 3, 1988

1847

*HB 1895

Harrison, 37th Barnes, 33rd Newbill, 56th Ragan, 32nd Cobb County
Provides for a homestead exemption of $22,000.00 from all county ad valorem taxes including taxes to retire bonded indebtedness, except ad valorem taxes for county school system taxes to retire bonded indebtedness of county school system. (Amendment)

HB 1899 Phillips, 9th City of Norcross Gwinnett County
Creates new charter for city in county; provides for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; provides for corporate powers of the government of the city to be exercised by the gov erning authority.

HB 1900 Starr, 44th Crumbley, 17th Clayton County
Adds a judge to said court; provides for appointment, election, and term of office of said additional judge and for election of successors to such judge; continues the existing terms of the present judge of said court.

HB 1902 Baldwin, 29th City of Franklin Heard County
Provides a new charter for city; provides for incorporation, boundaries, and powers of city; provides for governing authority, election, terms, method of filling vacancies, compensation, prohibitions, and qualifications, and removal from office relative to members of such governing authority.

HB 1866 Engram, 34th City of Fayetteville Fayette County
Provides a city charter for the city in the county; changes corporate limits of city.

The amendments to the following bills were put upon their adoption:

*SB 688:

The Senate Committee on Urban and County Affairs offered the following amendment:
Amend SB 688 by adding on line 6 of page 1 after "referendum;" and before "to" the following:
"to provide an effective date;".
By striking from line 12 of page 1 the following: "(c)",

and inserting in lieu thereof the following: "(b)".

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By striking from line 32 of page 2 the following: "immediately", and inserting in lieu thereof the following: "on January 1, 1992".
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
*HB 1617:
The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1617 by striking from lines 4 and 14 of page 1 and from line 13 of page 5 the following:
"62",
and inserting in lieu thereof the following: "65".
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
*HB 1894:
The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1894 by striking from line 3 of page 1, line 26 of page 1, and line 30 of page 4 the following: "including", and inserting in lieu thereof the following: "except".
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
*HB 1895:
The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1895 by striking from line 2 of page 1 and from line 1 of page 2 the following: "including", and inserting in lieu thereof the following: "except". By striking from line 3 of page 1 and from line 2 of page 2 the following: "except". By adding a comma after "System" on line 4 of page 1 and line 3 of page 2. By adding after the word "except" on line 4 of page 5 the following: "taxes to retire bonded indebtedness and".
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

THURSDAY, MARCH 3, 1988

1849

The substitutes to the following bills were put upon their adoption:
*HB 1833:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1833:
A BILL
To be entitled an Act to amend an Act creating the State Court of Jackson County, approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 334), an Act approved March 28, 1935 (Ga. L. 1935, p. 523), an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), an Act approved April 5, 1971 (Ga. L. 1971, p. 3181), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3574), so as to provide that the judge of such court may engage in the private practice of law; to provide that the solicitor of such court may engage in the private practice of law; to provide for conditions and restrictions; to provide for the compensation of the judge and solicitor; to repeal certain provisions relating to the judge and solicitor in conflict with such provisions; to change the terms of such court and provide for matters relating to calendars; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Jackson County, approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 334), an Act approved March 28, 1935 (Ga. L. 1935, p. 523), an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), an Act approved April 5, 1971 (Ga. L. 1971, p. 3181), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3574), is amended by striking from Section 2 of said Act the following:
"The said judge shall receive no other compensation, but may practice law in any court except his own."
Section 2. Said Act is further amended by adding, following Section 2, a new Section 2.1 to read as follows:
"Section 2.1 (a) To the extent that the performance of his duties in the state court are not affected, the judge of the State Court of Jackson County may engage in the private practice of law in other courts but may not practice in the State Court of Jackson County or appear in any matter as to which he has exercised any jurisdiction.
(b) To the extent that the performance of his duties in the state court are not affected, the solicitor of the State Court of Jackson County may engage in the private practice of law in other courts but may not practice in the State Court of Jackson County or appear in any matter as to which he has exercised any jurisdiction.
(c) The governing authority of Jackson County shall fix the salary of the judge of such court in an amount not less than $23,000.00 per annum, to be paid in equal monthly install ments from the funds of Jackson County as expenses of said court.
(d) The governing authority of Jackson County shall fix the salary of the solicitor of such court in an amount not less than $19,000.00 per annum, to be paid in equal monthly installments from the funds of Jackson County as expenses of said court."
Section 3. Said Act is further amended by striking Section 1 of the amendatory Act, approved August 26, 1931 (Ga. L. 1931, p. 334), as amended by an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3181), which reads as follows:
"Section 1. The governing authority of Jackson County shall fix the salary of the judge and solicitor of said court in an amount not less than $5,000.00 per annum for each of said officers, and when so fixed, said salaries shall be paid in equal monthly installments from the funds of Jackson County as expenses of said court.",

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in its entirety.
Section 4. Said Act is further amended by striking subsection (a) of Section 1 of said amendatory Act, approved March 28, 1935 (Ga. L. 1935, p. 523), as amended by said amend atory Act, approved April 17, 1973 (Ga. L. 1973, p. 3574), and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The terms of the State Court of Jackson County shall be the third Monday of January, March, May, July, September, and November, but the court shall hold at least one session of court for the trial of cases each month of the year. The judge and solicitor of such court shall use their best efforts to try or otherwise dispose of all cases on the calendar at each term."
Section 5. This Act shall become effective on January 1, 1989.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
HB 1866:
Senator Engram of the 34th offered the following substitute to HB 1866:
A BILL
To be entitled an Act to amend an Act providing a city charter for the City of Fayetteville in the County of Fayette, approved March 4, 1970 (Ga. L. 1970, p. 2243), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a city charter for the City of Fayetteville in the County of Fayette, approved March 4, 1970 (Ga. L. 1970, p. 2243), as amended, is amended by adding immediately following Section 1.02 a new Section 1.025 to read as follows:
"Section 1.025. Notwithstanding any other provision of law or any ordinance or resolu tion adopted by the governing authority of the City of Fayetteville, the following described property is deannexed from and is not a part of the corporate limits of the City of Fayetteville:
TRACT 1
All that tract or parcel of land lying and being in Land Lots 6, 7, 26, 27, 28 and 38 of the 7th District of Fayette County, Georgia, and being more particularly described as follows:
COMMENCING at the common corner of Land Lots 27, 28, 37 and 38 of the 7th Dis trict and running thence south 87 degrees 52' 00" west along the south line of Land Lot 38 a distance of 1,508.58 feet to a point marked by an iron pipe; running thence north 01 degree 03' 40" west a distance of 1,799.13 feet to a point marked by an iron pipe; running thence southeasterly, easterly and northerly along a fence line the following courses and distances: south 77 degrees 30' 00" east 311.86 feet; south 83 degrees 38' 50" east 85.73 feet; north 89 degrees 17' 50" east 89.12 feet; north 88 degrees 43' 30" east 201.62 feet; north 69 degrees 55' 50" east 37.53 feet; north 68 degrees 05' 00" east 165.27 feet; north 52 degrees 45'10" east 165.87 feet; north 31 degrees 00' 10" east 30.60 feet; north 04 degrees OO'OO" east 53.62 feet; north 03 degrees 26' 30" east 71.25 feet; north 02 degrees 52' 00' west 138.85 feet to a point on the southerly side of Huiet Drive; thence crossing Huiet Drive north 09 degrees 08' 00" east a distance of 35.00 feet to a point marked by an iron pipe; running thence north 08 degrees 33' 00" east a distance of 746.47 feet to a point marked by a conduit on the north line of Land Lot 38; running thence along the north line of Land Lot 38 north 86 degrees 40' 00" east a distance of 348.85 feet to a point marked by an iron bar on the line between Land

THURSDAY, MARCH 3, 1988

1851

Lots 27 and 38; running thence along the west line of Land Lot 26 north 00 degrees 14' 10" west a distance of 63.45 feet to a point marked by an iron pipe; running thence north 89 degrees 13' 10" east a distance of 705.93 feet to a point marked by an iron pipe; running thence north 02 degrees 36' 00" west a distance of 638.77 feet to a point marked by a fence corner; running thence along said fence line north 87 degrees 42' 20" east a distance of 847.00 feet to a point; continuing thence along said fence line north 01 degrees 01' 30" east a distance of 706.00 feet to a point marked by a fence corner post; continuing thence along said fence line north 88 degrees 29' 20" east a distance of 1554.25 feet to a point on the north line of Land Lot 26 and the south line of Land Lot 7; running thence along said Land Lot line north 00 degrees 12' 30" west a distance of 1196.49 feet to a point where the center line of Lester Road intersects said Land Lot line; running thence along the center line of Lester Road the following courses and distances; south 28 degrees 02' 40" east 204.85 feet; south 66 degrees 43' 20" east 216.95 feet; south 76 degrees 08' 20" east 186.01 feet; south 78 degrees 19' 10" east 378.17 feet; south 77 degrees 17' 40" east 578.74 feet to a point and corner; running thence south 01 degrees 23' 40" east a distance of 2067.38 feet to a point on the south line of Land Lot 7 and the north line of Land Lot 6; running thence along said Land Lot line north 88 degrees 52' 20" east a distance of 121.32 feet to a point marked by a concrete monument; running thence south 01 degrees 14' 10" east a distance of 2903.07 feet to a point marked by a concrete monument which point is on the south line of Land Lot 6 and the north line of Land Lot 5; running thence south 87 degrees 53' 40" west along said Land Lot line a distance of 1650.92 feet to a point at the common corner of Land Lots 5, 6, 27 and 28; running thence south 02 degrees 33' 20" east a distance of 1485.50 feet to a point marked by a concrete monument; running thence south 87 degrees 45' 20" west a distance of 1566.68 feet to a point marked by a concrete monument; running thence north 01 degrees 33" 40" west a distance of 1236.99 feet to a point marked by an iron pin; running thence south 88 degrees 36' 40" west a distance of 1461.65 feet to a point marked by an iron pipe; running thence north 03 degrees 35' 50" west a distance of 270.04 feet to the common corner of Land Lots 27, 28, 37 and 38 at the point of beginning.
Said property contains 536.812 acres of land as shown on a plat of survey of Property of Ben T. Huiet, dated September 1972, revised June 1974 and prepared by Roger L. Cordes & Associates, Registered Land Surveyors; said plat being recorded at Plat Book 8, Page 161, Fayette County, Georgia Records.
TRACT 2
All that tract or parcel of land lying and being in Land Lots 38 and 39 of the 7th District of Fayette County, Georgia, and being more particularly described as follows:
COMMENCING at a point located at the intersection of the center line of Huiet Drive (an unpaved road) with the southerly right of way line of Georgia Highway 54 (80 foot right of way); thence running westerly along said southerly right of way line of Georgia Highway 54 the following courses and distances: South 75 degrees 43 minutes 10 seconds West 149.92 feet; South 81 degrees 19 minutes 30 seconds West 76.41 feet; South 83 degrees 33 minutes 10 seconds West 286.84 feet; South 83 degrees 12 minutes 50 seconds West 169.79 feet; South 82 degrees 19 minutes 00 seconds West 106.99 feet to a point and corner; Thence South 00 degrees 57 minutes 50 seconds East 1,760.75 feet to a point marked by a 2" pipe on the South Land Lot line of Land Lot 39; thence South 01 degree 25 feet 30 seconds East 1, 148.73 feet to a point marked by a IVi inch pipe; thence southeasterly, easterly and northerly along a fence line the following courses and distances; South 77 degrees 30 min utes 00 seconds East 311.86 feet; South 83 degrees 38 minutes 50 seconds East 85.73 feet; North 89 degrees 17 minutes 50 seconds East 83.12 feet; North 88 degrees 43 minutes 30 seconds East 201.62 feet; North 69 degrees 55 minutes 50 seconds East 37.53 feet; North 68 degrees 05 minutes 00 seconds East 165.27 feet; North 52 degrees 45 minutes 10 seconds East 165.87 feet; North 31 degrees 00 minutes 10 seconds East 30.60 feet; North 04 degrees 00 minutes 00 seconds East 53.62 feet; North 03 degrees 26 minutes 30 seconds East 71.25 feet; North 02 degrees 52 minutes 00 seconds West 138.85 feet to a point marked by a 1 inch pipe on the southerly side of Huiet Drive; thence North 09 degrees 08 minutes 00 seconds East 17.50 feet to a point on the centerline of Huiet Drive; running thence along the center

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JOURNAL OF THE SENATE

line of Huiet Drive the following courses and distances: North 62 degrees 33 minutes 50 seconds West 104.26 feet; North 56 degrees 25 minutes 30 seconds West 102.05 feet; North 49 degrees 55 minutes 40 seconds West 117.31 feet; North 42 degrees 02 minutes 10 seconds West 150.81 feet; North 25 degrees 06 minutes 10 seconds West 129.50 feet; North 00 de grees 09 minutes 50 seconds East 138.77 feet; North 08 degrees 26 minutes 00 seconds East 260.06 feet; North 08 degrees 03 minutes 40 seconds East 178.05 feet; north 08 degrees 01 minute 10 seconds East 297.03 feet; North 07 degrees 28 minutes 50 seconds East 365.99 feet; North 02 degrees 02 minutes 10 seconds West 174.21 feet; North 01 degree 32 minutes 30 seconds West 253.13 feet; North 01 degree 04 minutes 40 seconds West 224.00 feet; North 01 degree 50 minutes 10 seconds West 324.09 feet to the point of beginning.
Said property consists of 53.922 acres of land as shown on plat of survey of property for Southwood Property Corporation dated September, 1972, revised November 1976, and pre pared by Roger L. Cordes & Associates, Registered Land Surveyors; said plat being recorded at Plat Book 9, Page 170, Fayette County, Georgia.
TRACT 3
All that tract or parcel of land lying and being in Land Lots 4, 28, 29 & 30 of the 7th District of Fayette County, Georgia and being more particularly described as follows:
COMMENCING at a point marked by a concrete monument located at the intersection of the East line of Land Lot 28 with the Southerly Right of Way of Davis Road; running thence South 2 degrees 31' 30" east along the line between Land Lots 5 & 28 a distance of 1,511.45 ft. to a point marked by an iron pin which is located at the common corner of Land Lots 4, 5, 28 & 29; running thence South 5 degrees 47' 30" East a distance of 1,425.5 ft. to a point marked by an iron pin; running thence South 2 degrees 04' East a distance of 1,595.8 ft. to a point which has been referred to in previous plats as the common corner of Land Lots 3, 4, 29 & 30; running thence South 96 degrees 40' West a distance of 60 ft.; running thence South 0 degree 58' East a distance of 973.6 ft. to a point on the Northeasterly Right of Way of Ebenezer Church Road (said road having an 90 ft. wide Right of Way); running thence Northwesterly along the Northeasterly Right of Way of Ebenezer Church Road and following the curvature thereof a distance of 1,514.3 ft. to a point; running thence North 2 degrees 53' 30" West a distance of 797.0 ft. to a point; running thence South 88 degrees 44' West a distance of 316.5 ft. to a point; running thence North 1 degree 19' West a distance of 392.2 ft. to a point marked by an concrete monument; running thence North 87 degrees 57' 30" East a distance of 239.25 ft. to a point marked by a concrete monument; running thence North 1 degree 07' 30" West a distance of 1,927.0 ft. to a point marked by a concrete monu ment; running thence South 86 degrees 59' 30" West a distance of 321.4 ft. to a point marked by a concrete monument; running thence North 1 degree 25' 30" West a distance of 1,517.55 ft. to a concrete monument; running thence North 87 degrees 45' 20" East a dis tance of 1,566.68 ft. to the point of beginning.
Said property consists of 165.17 acres of land as shown on plat of survey by R.M. Boyd & Associates, Inc., Registered Land Surveyors, dated January 18, 1984 and recorded at Plat Book 14, Page 138, Fayette County Records.
TRACT 4
All that tract or parcel of land lying and being in Land Lot 28 of the 7th District of Fayette County, Georgia and being all of that property owned by the Grantor in the East one-half of Land Lot 28, which lies on the South side of the Right of Way of Davis Road.
Said parcel contains approximately 6 acres of land.
TRACT 5
All that tract or parcel of land lying and being in Land Lot 5 of the 7th District of Fayette County, Georgia and being more particularly described as follows:
Commencing at a point marked by an iron pin (%" pipe) at the Southwest corner of Land Lot 5; running thence North 05 degrees 40' 22" West along the West line of Land Lot 5 a distance of 1,503.97 ft. to a point on the Southwesterly Right of Way of Davis Road;

THURSDAY, MARCH 3, 1988

1853

running thence Southeasterly and Easterly along the Southwesterly and Southerly side of Davis Road and following the curvature thereof a distance of 1,496.3 ft. to a point; running thence South 05 degrees 40' 22" East a distance of 1,143.96 ft. to a point marked by an iron pin (2" pipe) on the South line of Land Lot 5; running thence South 84 degrees 52' 18" West along said South Land Lot line a distance of 1,440.12 ft. to the point of beginning.
Said property contains 42.80 acres of land on plat of survey by R.M. Boyd & Associates, Inc. dated June 18, 1984 and recorded at Deed Book 15, Page 77, Fayette County, Georgia Records.
TRACT 6
All that tract or parcel of land lying and being in Land Lot 5 of the 7th District of Fayette County, Georgia and being more particularly described as follows:
Commencing at a point marked by an iron pin (%" pipe) at the Northwest corner of Land Lot 5; running thence North 84 degrees 42' 58" East along the North line of Land Lot 5 a distance of 1,440.09 ft. to a point; running thence South 5 degrees 40' 22" East a dis tance of 1,796.0 ft. to a point on the Northerly Right of Way of Davis Road; running thence Westerly and Northwesterly along the Northerly and Northeasterly Right of Way of Davis Road and following the curvature thereof a distance of 1,496.55 ft. to the point of beginning.
Said property contains 54.28 acres of land on Plat of Survey by R.M. Boyd & Associ ates, Inc. dated June 18, 1984 and recorded at Plat Book 15, Page 77, Fayette County Records."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to by substitute.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bowen rannon
BBruroyrutaonnnt. Coverdell Crumbley Dawkins Deal Echols Edge

Engram Fincher Foster Garner
Gillis Harris
H,,".amreris. on Huggms Johnson Kennedy Kidd Langford McGill

McKenzie Newbill Peevy Phillips
Ragan of 10th Ragan of 32nd
RS,,,hauyJ mak. e Starr Stumbaugh Tate Taylor Tysinger Walker

Those not voting were Senators:

Barnes
Coleman Dean EEnngglliish Howard

Hudgins Land (excused) Olmstead Perry

Scott of 2nd Scott of 36th Timmons Turner

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JOURNAL OF THE SENATE

On the passage of all the local bills, the yeas were 43, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 688, HB 1617, HB 1833, HB 1866, HB 1894 and HB 1895, having received the requisite constitutional majority, were

SB 688, HB 1617, HB 1894 and HB 1895, having received the requisite constitutional majority, were passed as amended.
HB 1833 and HB 1866, having received the requisite constitutional majority, were passed by substitute.
Senator Tysinger of the 41st moved that Senator Land of the 16th be excused from all roll calls in the Senate for the remainder of the day due to his having to undergo medical tests.
On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Land of the 16th was excused on all roll calls in the Senate today.
SENATE RULES CALENDAR
Thursday, March 3, 1988
THIRTY-EIGHTH LEGISLATIVE DAY
HR 587 State Housing Trust Fund--General Assembly may provide for (Approp--33rd) HR 652 Chatham County Homestead Exemption Study Commission--create
(U&CA--1st) HR 721 Home Builders--encourage homes for disabled and older persons (C Aff--35th) HR 877 Towns County--conveyance of certain state property (Pub U--50th) HR 16 Constitution--create commission to renumber articles, sections, provisions (Sub
stitute) (Judy--52nd) SR 353 Senate State Offices and Facilities Study Committee--create (Rules--20th) SR 410 Organ Donor and Procurement Study Committee--create (Hum R--37th) SR 438 Senate Solid Waste Management Study Committee--create (Nat R--14th) SR 439 Senate Music Industry Study Committee--create (Rules--31st) SR 442 Rabun County--urge Agriculture Commissioner to lease certain state property
(U&CA--50th) SR 443 Senate Transportation Study Committee--create (Trans--1st) SR 447 Presidential Candidates--urge position on youth issues (C&Y--18th) SR 448 Children and Youth Commission--relative to (C&Y--15th) SR 449 Children's Services Inventory--relative to (C&Y--15th) HB 1405 Fair Business Practices Act--actions by administrator (I&L--33rd) HB 1348 Chronic Renal Disease Patient--limit use of certain kidney dialyzers (Substitute)
(Hum R--52nd) HB 1263 Leaving Scene of Accident When Injury or Death--felony (Substitute)
(S Judy--28th) HB 1743 Marked Law Enforcement Vehicles--no permit for blue light (Amendment) (Pub
S--27th) HB 1431 Certain Property Damage--felony if over $500 (Substitute) (S Judy--45th)

THURSDAY, MARCH 3, 1988

1855

HB 503 Health Hazards of Hazardous Chemicals--disclosure to employee (Gov Op--22nd)
HB 1851 Regulated Substance Storage in Underground Tanks--control (Nat R--21st)
HB 443 Public Service Commission--those subject to pay special fees for operating costs (Pub U--2nd)
HB 1535 Property Lease by State Authority--fiscal affairs subcommittee approve (Approp--33rd)
HB 1243 Chiropractors--may utilize nutrition (Substitute) (Hum R--42nd)
HB 1538 Theft Involving Personal Property--civil actions by owner (Substitute) (Amend ment) (Judy--47th)
HB 1347 Stone Mountain--functions at which alcoholic beverages may be sold (C Aff--33rd)
HB 1872 Population Bill--change definition of term (Amendment) (U&CA G--8th)
HB 1364 Amusement Ride Safety Act--liability insurance (I&L--21st)
HB 1612 Illegitimate, Bastard--delete words from certain Code sections (Judy--5th)
HB 1162 Trust Company Powers--change fiduciary funds awaiting investment (B&F--15th)
HB 1366 Commodities--regulate sale, purchase (I&L--29th)
HB 1567 Public Work Contracts--rejection of bids certain counties (U&CA G--26th)
HB 878 Mentally Retarded When Committing Crime--not guilty (Substitute) (S Judy--17th)
HB 1310 Financial Institutions--small minority business development corporations (B&F--43rd)
HB 1781 Department of Transportation Construction Contracts--requirements for bid ders (Substitute) (Trans--1st)
HB 1660 Driving Under the Influence--extent of violation (Substitute) (Judy--14th)
HB 1678 Department of Transportation, Any County and Any City--leasing property (Trans--36th)
HB 1554 Hotel-Motel Tax--time for certain tax rate, certain counties (Amendment) (B&F--33rd)
HB 1576 Boiler, Pressure Vessel Safety Act--certain vessels exempt (I&L--29th)
HB 1549 Torts--immunity for dental students (Substitute) (Judy--29th)
HB 1362 Post-Mortem Examination Act--redefine "medical examiner" (Hum R--42nd)
HB 1618 Non-Profit Contractor--exempt cooperative education service agencies (Ed--50th)
HB 1422 County Boards of Education--meetings not required at county seat (Substitute) (Ed--49th)
HB 1336 State Water Well Standards Advisory Council--legal services (Nat R--20th)
HB 1691 Stadium Construction--for use in connection with World Congress Center (Sub stitute) (Approp--33rd)
HB 1333 Traffic Courts, Certain Cities--change jurisdiction (Judy--42nd)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

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JOURNAL OF THE SENATE

The following general resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 587. By Representatives Smyre of the 92nd and Groover of the 99th: Senate Sponsor: Senator Barnes of the 33rd.

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that funds appropriated to or received by the State Housing Trust Fund for the Homeless shall not lapse and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph IV of the Constitution is amended by ad ding at the end thereof a new paragraph (d) to read as follows:

"(d) Funds appropriated to or received by the State Housing Trust Fund for the Home less shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds, and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institu tions, notwithstanding the provisions of Article I, Section II, Paragraph VII."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that funds appropriated to or received by the State Housing Trust Fund for the Homeless shall not lapse and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon Broun Bryant Burton Coverdell

Crumbley Deal Dean Echols Edge English Engram Fincher Foster

Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy

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1857

Kidd Langford JMNJeccwKbieUinllzi.e Olmstead Peevy

Phillips Ragan of 10th Ragan of 32nd Rav Scott of 36th Shumake

Starr Stumbaugh Tate Tavlor Turner Walker

Voting in the negative was Senator Albert.

Those not voting were Senators:

Barnes Coleman Dawkins

Howard Land (excused) Perry

Scott of 2nd Timmons Tysinger

On the adoption of the resolution, the yeas were 46, nays 1.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 652. By Representatives Hamilton of the 124th, Pannell of the 122nd, Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others:
A resolution creating the Chatham County Homestead Exemption Study Commission.
Senate Sponsors: Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Brannon
f?roun rvant PCCoo,vleemrdnaenll Crumbley Deal Dean Echols Edge English

Engram Fincher Foster
Garner Gmis
Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford

McGill Newbill Olmstead
Peevy Perry
Phillips Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Barnes Bowen Dawkins Land (excused)

McKenzie Ragan of 10th Ray

Scott of 2nd Timmons Walker

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 721. By Representatives Redding of the 50th and Orrock of the 30th:
A resolution encouraging home builders and developers of single-family resi dences and residential condominiums to construct some houses, buildings, and related areas in a manner to provide minimal levels of accessibility to accommo date disabled and older persons.
Senate Sponsor: Senator Langford of the 35th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun * ry ?nt CBoulretomnan
Coverdell Crumbley
Deal Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison H'ne , HHuowdgairnds
Huggins Johnson
Kennedy Kidd Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th R of 32nd Scott of 36th 0S,humak, e
*tarr btumbaugn
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Dawkins

Engram Land (excused) McKenzie

Ray Scott of 2nd Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of five grams or more of pure cocaine, commonly known as "crack," shall constitute a crime; to provide for penalties.

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1859

The Conference Committee report on SB 209 was as follows:

The Committee of Conference on SB 209 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 209 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Ed Perry Senator, 7th District
/s/ Loyce W. Turner Senator, 8th District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Ralph Twiggs Representative, 4th District
/s/ Bob Hanner Representative, 131st District
/s/ Tom Ramsey Representative, 3rd District

Conference Committee substitute to SB 209:

A BILL
To be entitled an Act to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of five grams or more but less than 28 grams of free base cocaine which is not in the salt form shall constitute a crime; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, is amended by adding a new subsection (a.l) to read as follows:
"(a.l) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is in possession of five grams or more but less than 28 grams of free base cocaine which is not in the salt form or any mixture containing more than 10 percent of free base cocaine which is not in the salt form commits the felony offense of trafficking in cocaine. Upon conviction thereof, such person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Perry of the 7th moved that the Senate adopt the Conference Committee re port on SB 209.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton

Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Harrison Hine Hudgins Huggins

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JOURNAL OF THE SENATE

Johnson Kennedy Kidd McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Shumake

Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Fincher Howard Land (excused)

Langford McKenzie Ray Scott of 2nd

Scott of 36th Tate Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 209.

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 877. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey all or portions of certain state owned real property located in Towns County, Georgia, to the United States of America, acting by and through its forest service, in exchange for the conveyance to the State of Georgia by the United States of America of all or portions of certain tracts of real property owned by the United States of America and located in Dawson County, Georgia.
Senate Sponsor: Senator Foster of the 50th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes owen Bn Buryr"taonnt
Dawkins rjeai Echols Edge English Engram

Foster Garner Gillis Harris
Harrison Hine HTHIuugdgg6mi. nss
Johnson Kennedy Kidd Langford McGill Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd RS,,,hauymak, e
Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman

Coverdell Crumbley

Dean Fincher

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1861

Howard Land (excused) McKenzie

Scott of 2nd Scott of 36th

Tate Timmons

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 575. By Senator Langford of the 35th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions.

The House substitute to SB 575 was as follows:

A BILL
To be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements regarding telephone solicita tions of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions; to provide that potential purchasers be sent the terms and condi tions of the purchase in writing; to provide that an agreement to purchase printed materials resulting from a telephone solicitation shall not be valid or enforceable unless the purchaser has reviewed the written terms and conditions of such agreement and has signed and re turned a written agreement to such terms and conditions; to prohibit collection attempts absent evidence of such written agreement; to provide for intent; to provide for applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," is amended by striking the word "or" at the end of paragraph (19) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, by striking the period at the end of paragraph (20) of subsection (b) of said Code section and inserting in lieu thereof the symbol and word "; or", and by adding a new paragraph (21) at the end of subsection (b) to read as follows:
"(21) Failure to comply with the following provisions concerning telephone solicitation of orders for printed materials:
(A) For purposes of this paragraph, the term:
(i) 'Printed materials' means magazines, periodicals, or other printed matter, not in cluding books, primarily for personal, family, or household purposes, which are to be deliv ered at a later date on a subscription basis.
(ii) 'Telephone solicitation' means any contact made by telephone for the purpose of inducing an agreement to purchase, and shall include any contact made by telephone with residents of Georgia or any contact made by telephone with residents of other states by persons with their major place of business in Georgia.
(B) The term 'telephone solicitation of orders for printed materials' shall not include:
(i) Solicitation of orders for printed material which do not involve use of the telephone;

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(ii) Solicitation made for subscriptions to newspapers published in the State of Georgia;
(iii) Solicitation of orders for printed materials where the order is directly solicited by a magazine publisher or its subsidiary; or
(iv) Solicitation of orders for printed materials where the magazine publisher or its sub sidiary has directly contracted with a third party who will directly solicit only an order for a single magazine or an order for a single renewal from each party solicited.
(C) Following any telephone solicitations for printed materials in which there is an agreement to purchase printed materials, the person soliciting the agreement shall mail to the person agreeing to purchase the printed materials a form containing all of the following:
(i) A description of the printed materials, including the title;
(ii) A statement that the purchaser will begin receiving the printed materials within six to eight weeks, or as otherwise disclosed, after returning a signed copy of this form to the seller;
(iii) A statement of how often the purchaser will receive individual units of the printed materials;
(iv) The number of individual units of the printed materials which will be received by the purchaser;
(v) The total cost to the purchaser, including any finance charges, service charges, ship ping and processing charges, or any other charges by whatever name denominated; and
(vi) A statement to be signed by the purchaser that the purchaser agrees to the terms and conditions set forth on this form.
(D) No agreement made pursuant to a telephone solicitation to purchase printed mater ials shall be considered valid until the person soliciting the agreement shall have on file the form described in subparagraph (C) of this paragraph, signed by the purchaser;
(E) No attempts shall be made, including any action in any court, in any manner to collect any amounts claimed due under any agreement to purchase printed materials until the person soliciting the agreement shall have on file the form described in subparagraph (C) of this paragraph, signed by the purchaser;
(F) No reports shall be made to any consumer reporting agency regarding failure to pay pursuant to any agreement resulting from a telephone solicitation of orders for printed materials unless the person soliciting the agreement shall have on file the form described in subparagraph (C) of this paragraph, signed by the purchaser;
(G) It is the intent of the General Assembly that purchasers of printed materials who are solicited by telephone shall have the opportunity to review the written terms and condi tions of the agreement prior to consummating any such agreement, and this paragraph shall be construed liberally to promote its intent and purposes; and
(H) The provisions of this paragraph will not apply where the person solicited will be directly billed in 24 or more equal monthly installments or will be billed on a credit card in 30 or more monthly installments."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 35th moved that the Senate disagree to the House substitute to SB 575.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 575.

THURSDAY, MARCH 3, 1988

1863

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 16. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
Senate Sponsor: Senator Hine of the 52nd.

A RESOLUTION

Proposing an amendment to the Constitution so as to create a commission and author ize such commission to renumber, redesignate, and rearrange articles, sections, Paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article X, Section I of the Constitution is amended by adding at the end thereof a new Paragraph VII to read as follows:

"Paragraph VII. Renumbering, redesignation, and rearrangement of provisions of the Constitution. There is created a commission to be composed of the Governor, the President of the Senate, the Speaker of the House of Representatives, the Attorney General, and the Legislative Counsel. The commission is authorized to renumber, redesignate, and rearrange articles, sections, Paragraphs, or provisions of the Constitution and to correct cross-refer ences within the Constitution when two or more articles, sections, Paragraphs, or provisions have been given the same number or designation by the Constitution or by multiple amend ments to the Constitution. Following each general election, the commission shall examine the Constitution and all amendments which have been ratified and shall notify the Secre tary of State, by the first day of January following each general election, of any changes adopted by the commission. Any renumbering, redesignation, rearrangement, or correction adopted by the commission shall be incorporated into and become a part of the Constitution upon receipt of such notice by the Secretary of State or upon the effective date of the arti cle, section, Paragraph, or provision affected, whichever is later."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to create a commission and author ize such commission to renumber, redesignate, and rearrange articles, sections, paragraphs, or provisions of the Constitution and to correct cross-ref erences within the Constitution?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Committee on Judiciary offered the following substitute to HR 16:

A RESOLUTION
Proposing an amendment to the Constitution so as to create a commission and author ize such commission to renumber, redesignate, and rearrange articles, sections, Paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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JOURNAL OF THE SENATE

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article X, Section I of the Constitution is amended by adding at the end thereof a new Paragraph VII to read as follows:

"Paragraph VII. Renumbering, redesignation, and rearrangement of provisions of the Constitution. There is created a commission to be composed of the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Legislative Counsel. The commission is authorized to renumber, redesignate, and rearrange articles, sections, Paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution when two or more articles, sections, Paragraphs, or provisions have been given the same number or designation by the Constitution or by multiple amendments to the Constitution. Following each general election, the commission shall examine the Constitu tion and all amendments which have been ratified and shall notify the Secretary of State, by the first day of January following each general election, of any changes adopted by the com mission. Any renumbering, redesignation, rearrangement, or correction adopted by the com mission shall be incorporated into and become a part of the Constitution upon receipt of such notice by the Secretary of State or upon the effective date of the article, section, Para graph, or provision affected, whichever is later."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to create a commission and author ize such commission to renumber, redesignate, and rearrange articles, sections, paragraphs, or provisions of the Constitution and to correct cross-ref erences within the Constitution?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Bryant Burton Coverdell Dawkins Deal Echols Edge English

Engram Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Kidd

Langford McGill Newbill Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr

THURSDAY, MARCH 3, 1988

1865

Stumbaugh Tate Taylor

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Baldwin Bararknenron Broun Coleman

Crumbley Dean Fmcher Howard

Land (excused) McKenzie Perry Scott of 2nd

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

Senator Ray of the 19th introduced a doctor of the day, Dr. Romulo P. Navarro, of Douglas, Georgia; and also serving as a doctor of the day today was Dr. Thomas Theus of Columbus, Georgia.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 353. By Senators Gillis of the 20th, Kennedy of the 4th, Dean of the 31st and others: A resolution creating the Senate State Offices and Facilities Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker B arnes
5 roun ,

Foster Gillis Harris Harrison Hine
Hudgins

BrCou,leZmnan Coverdell
Dawkins Deal Echols Edge English Engram

JHoh^nsionns
Kennedy
Kidd McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 36th
fStaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Crumbley Dean

Fincher Garner Howard

Land (excused) Langford Scott of 2nd

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1873. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to meetings of the board.

Senator Johnson of the 47th moved that the Senate insist upon the Senate substitute to HB 1873.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1873.

The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 410. By Senator Harrison of the 37th: A resolution creating the Organ Donor and Procurement Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kennedy Kidd Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coverdell

Fincher Howard Land (excused)

McKenzie Scott of 2nd

On the adoption of the resolution, the yeas were 48, nays 0.

THURSDAY, MARCH 3, 1988

1867

The resolution, having received the requisite constitutional majority, was adopted.

SR 438. By Senators McKenzie of the 14th, Gillis of the 20th, English of the 21st and others:
A resolution creating the Senate Solid Waste Management Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen * rannon
Coleman Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Fincher Foster Gillis
Harris Harrison Hine Howard
Hudgins Huggins Kennedy Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray Scott of 36th
Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Deal Garner Johnson

Land (excused) Scott of 2nd

Shumake Tate

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 423. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to define certain terms; to provide for the effect of personal service contracts between athletes and owners or prospective owners of professional sports teams; to provide for the registration of athlete agents.

The House substitute to SB 423 was as follows:

A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents;

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to provide a short title; to define certain terms; to provide for the creation of the Georgia Athlete Agent Regulatory Commission and the appointment of members; to provide for the commission's powers, duties, and compensation of its members; to provide for the registra tion of athlete agents; to provide for the investigation of applicants attempting to become registered athlete agents; to provide grounds for refusal to grant registration; to provide for revocation or suspension of registration; to provide for the duration of registration; to pro vide for temporary registration; to provide for disclosure; to provide for fees; to require ath lete agents to have surety bonds; to prohibit certain conduct of athlete agents; to provide for the effect of failure to comply with certain provisions of law; to provide for confidentiality of certain records; to provide for the applicability of Chapter 13 of Title 50, the "Georgia Ad ministrative Procedure Act"; to provide for sanctions and penalties; to provide for termina tion of the commission and the repeal of laws relating thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding between Chapter 4 and Chapter 5 a new Chapter 4A to read as follows:
"CHAPTER 4A
43-4A-1. This chapter shall be known and may be cited as the 'Georgia Athlete Agents Regulatory Act of 1988.'
43-4A-2. As used in this chapter, the term:
(1) 'Agent contract* means any contract or agreement pursuant to which an athlete au thorizes or empowers an athlete agent to negotiate or solicit on behalf of the athlete with one or more professional sports teams for the employment of the athlete by one or more professional sports teams or to negotiate or solicit on behalf of the athlete for the employ ment of the athlete as a professional athlete.
(2) 'Athlete' means an individual who resides in this state and who:
(A) Is eligible to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education located in this state which is a member of a national association for the promotion and regulation of intercollegiate athletics; or
(B) Has participated as a member of such a sports team at an institution of higher education and who has never signed a professional sports services contract with a profes sional sports team. For purposes of this subparagraph, execution by an athlete of a personal service contract with the owner or prospective owner of a professional sports team for the purpose of future athletic services is equivalent to employment with a professional sports team.
(3) 'Athlete agent' means a person who, directly or indirectly, recruits or solicits an athlete to enter into an agent contract or professional sports services contract with that person or who for a fee procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team. The term 'athlete agent' does not include the owner, employee, or other representative of a professional sports team so long as such owner, em ployee, or representative, while an athlete is under scholarship or participates in a sport at a university, does not recruit or solicit such athlete to enter into an agent contract or profes sional sports services contract or for a fee does not procure, offer, promise, or attempt to obtain employment for such athlete with a professional sports team.
(4) 'Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3.
(5) 'Person' means any individual, company, corporation, association, partnership, or other legal entity.
(6) 'Player associations or organizations' means any association or organization which

THURSDAY, MARCH 3, 1988

1869

represents professional athletes in collective bargaining with the management or ownership of professional sports teams or organizations.
(7) 'Professional sports services contract' means any contract or agreement pursuant to which an athlete is employed or agrees to render services as a player on a professional sports team or as a professional athlete.
(8) 'Resident' means a person who is a legal resident of this state and shall also include a student enrolled in a college or university in this state.
43-4A-3. (a) There is created a commission for the regulation of athlete agents in the State of Georgia to be known as the Georgia Athlete Agent Regulatory Commission. The commission shall consist of six members with an interest in college athletics to be appointed as follows:
(1) The Governor shall appoint two commission members;
(2) The President of the Senate shall appoint two commission members; and
(3) The Speaker of the House of Representatives shall appoint two commission members.
All members of the commission shall be citizens of the United States and residents of Geor gia. The term of each commission member shall be for a period of three years and commis sion members may be eligible for reappointment, subject to the provisions of this chapter. If a vacancy occurs on the commission, the officer who originally appointed such member shall appoint a successor who shall take office immediately and serve the remainder of the unexpired term. The commission members and their successors shall have and exercise all the powers and authority vested by law in said commission.
(b) The effective date of all original appointments shall be September 1, 1988.
(c) No person who has served two successive complete terms on the commission shall be eligible for reappointment until after the lapse of one year. Appointment to fill an unexpired term is not to be considered as a complete term.
(d) The Governor shall remove from the commission any member for cause as provided in Code Section 43-1-17.
(e) The commission shall elect annually a chairman and a vice-chairman.
(f) A majority of the commission shall constitute a quorum for the transaction of business.
(g) The commission may promulgate and from time to time amend rules and standards of conduct for athlete agents appropriate for the protection of the residents of the state.
(h) Members of the commission shall be reimbursed as provided in subsection (f) of Code Section 43-1-2.
(i) The joint-secretary shall be the secretary of the commission and provide all adminis trative services.
43-4A-4. No person shall engage in or carry on the occupation of an athlete agent either within the state or with a resident of the state without first registering with the commission.
43-4A-5. (a) A written application for registration shall be made to the commission on the form prescribed by the commission and shall state the following:
(1) The name of the applicant and address of the applicant's residence;
(2) The address where the business of the athlete agent is to be conducted;
(3) The business or occupation engaged in by the applicant for at least two years imme diately preceding the date of application; and
(4) Such biographical information on the applicant as may be deemed necessary by the commission.

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(b) The application for registration shall be accompanied by affidavits or certificates of completion of any and all formal training or practical experience in any one of the following specific areas: contracts, contract negotiation, complaint resolution, arbitration, or civil reso lution of contract disputes. The commission, in evaluating the applicant's qualifications, may consider any other relevant training, education, or experience to satisfy this requirement.
43-4A-6. Upon receipt of an application for registration, the commission may evaluate and investigate the education, training, experience, and character of the applicant and may examine the premises designated in the application to verify it to be the principal place of business in which the applicant proposes to conduct business as an athlete agent.
43-4A-7. (a) The commission, by a majority of its members present and voting, may refuse to grant a registration upon proof that the applicant or his or her representative or employee:
(1) Has made false or misleading statements of a material nature in his or her applica tion for registration;
(2) Has ever misappropriated funds or engaged in other specific acts such as embezzle ment, theft, or fraud which would render him or her unfit to serve in a fiduciary capacity;
(3) Has engaged in such other conduct that has a significant adverse impact on his or her creditability, integrity, or competence to serve in a fiduciary capacity;
(4) Has engaged in conduct which violates or causes an athlete to violate any rule or regulation promulgated by the National Collegiate Athletic Association governing studentathletes and their relationship with athlete agents;
(5) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16 or has been convicted of a gambling offense in another state;
(6) Has been convicted of an offense relating to the profession of an athlete agent in another state; or
(7) Is unwilling to swear or affirm that he or she will comply with such rules and stan dards of conduct for athlete agents as may from time to time be promulgated by the commission.
(b) Notice of refusal to grant a registration is required to be sent by registered mail or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's last known address.
43-4A-8. The commission is authorized to revoke or suspend the registration of an ath lete agent for any violation of those provisions set forth in Code Section 43-4A-7 or for a violation of Code Section 43-4A-16.
43-4A-9. A registration shall be valid for a period of up to two years. Renewal of a registration shall require the filing of an application for renewal, and a renewal bond, if applicable. A renewal fee shall be paid by the athlete agent at the time of filing such application.
43-4A-10. The commission may, at its discretion, issue a temporary registration valid for a period not exceeding 90 days subject, where appropriate, to the automatic and sum mary revocation by the commission. Otherwise, the conditions for issuance or renewal shall meet the requirements of Code Section 43-4A-5.
43-4A-11. All applications for registration or renewal shall state the names and ad dresses of all persons, except bona fide employees on stated salaries, who are financially interested either as partners, associates, or profit sharers in the operation of the business of the athlete agent.
43-4A-12. (a) A filing fee to be determined by the commission shall be paid at the time the application for issuance of an athlete agent registration is filed.

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(b) In addition to the fee required for application for issuance of an athlete agent regis tration, every athlete agent shall pay biennially a renewal fee which shall accompany the application for renewal.
(c) The commission shall set the fees required by this Code section in the amount nec essary to generate sufficient revenue to cover the costs of administration and enforcement of this chapter.
43-4A-13. An athlete agent shall deposit or have deposited with the commission, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of $100,000.00. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic association of a university in this state aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 434A-16 and would be grounds for revocation of a license under Code Section 43-4A-8. If more than one athletic association suffers damages by the actions of an athlete agent, each ath letic association shall receive a pro rata share of the amount of the bond based on the enti tlement of one share of such amount of the bond for each athlete who loses college eligibility as a result of actions of the athlete agent.
43-4A-14. If any registrant fails to maintain such bond so as to comply with the provi sions of Code Section 43-4A-13, the registration issued to the athlete agent shall be sus pended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on business as an athlete agent during the period of suspension.
43-4A-15. Each registration shall contain the following:
(1) The name of the registrant;
(2) A designation of the address of the place in which the registrant is authorized to carry on[i buusiniiess aus amni atihmletle agenti; andu
(3) The registration number and date of issuance of the registration.
43-4A-16. (a) An athlete agent who intends to sign an athlete to an agent contract prior to the termination of the athlete's college eligibility in a sport in which the athlete partici pates at a university in this state shall notify the commission in writing. The athlete agent shall provide the name of the athlete and the athlete's university and the sport or sports in which the athlete competes at such university. The commission shall within three business days notify in writing the athletic director of the university attended by the athlete. Except as otherwise provided in this subsection for notification of the athletic director, the notice filed by the athlete agent with the commission shall be confidential information and not a public record. The athlete agent shall not be permitted to sign the athlete to an agent con tract until the expiration of 30 days from the date that the commission received notice from the agent of the intention to sign such contract.
(b) Prior to the signing of an agent contract, an athlete agent shall not compensate any athlete or take any other action in connection with such athlete which may jeopardize such athlete's college eligibility to participate in a sport at the university in which such athlete is under scholarship or participates in such sport.
(c) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, such athlete agent shall be liable for damages in the amount of the bond deposited pursuant to Code Section 43-4A-13 to any athletic association of a university for which an athlete participates, which athlete was the subject of the agent contract or consid eration or other action resulting in a violation of this Code section. The provisions of this subsection shall apply regardless of whether an athlete loses any college eligibility at such university.
43-4A-17. The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act,' shall be applicable to the commission and the provisions of this chapter.

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43-4A-18. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Athlete Agent Regulatory Commission shall be terminated on July 1, 1994, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. This Act shall not apply to an athlete who has participated for at least one full season as a member of a team which is part of an organized non-scholastic association whether amateur semi-professional with respect to such sport nor shall it apply to the owner or coach of such athlete's team when representing such athlete.
Section 3. Those provisions of this Act which authorize appointing the members of the commission and the promulgation of rules and standards thereby shall become effective July 1, 1988; the remaining provisions of this Act, including but not limited to those which pro hibit violations of this Act and rules and standards promulgated pursuant thereto, shall become effective January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 423.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hudgins Huggins Kennedy Kidd McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Dawkins Hine

Howard Johnson Land (excused)

Langford Scott of 2nd Shumake

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 423.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 264. By Senator Kidd of the 25th:
A resolution creating the Joint Study Committee on Area Planning and Develop ment Commissions.

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1873

The House amendment was as follows:
Amend SR 264 by striking the word "ten" on line 24, page 2, and inserting in lieu thereof "five".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SR 264.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barnes Brannon
roun BCrouvlreatomnntan Coverdell Crumbley Deal Dean Echols English Engrain

Fincher Foster Garner
Gillis Harris
Harrison H,,Huugdgg6mi. nss Johnson Kennedy Kidd McGill McKenzie Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd
Ray S,,Sctaortrt of 36th btumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Dawkins Edge

Hine Howard Land (excused)

Langford Scott of 2nd Shumake

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 264.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candi date or campaign committee or for recall of a public officer; to change the provi sions relating to the campaign committee treasurer.

The House substitute to SB 564 was as follows:

A BILL
To be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the provisions relat ing to contributions made to candidate or campaign committee or for recall of a public officer; to change the provisions relating to the campaign committee treasurer; to provide certain duties for a candidate who does not have a campaign committee; to change the pro-

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visions relating to contributions or expenditures other than through a candidate or cam paign committee; to change the provisions relating to campaign contribution disclosure re ports; to change certain provisions relating to reporting dates with respect to financial disclosure statements of public officers and candidates for public office; to change certain provisions relating to periods of time covered by such financial disclosure statements; to change the provisions relating to the filing of financial disclosure statements by candidates for public office; to provide that a person who qualifies as a candidate for a county office shall file a financial disclosure statement with the election superintendent of the county; to provide that a person who qualifies as a candidate for a municipal office shall file a financial disclosure statement with the municipal clerk or, if there is no clerk, with the chief execu tive officer of such municipality; to provide for the nonapplicability of certain financial dis closure statements to public officers who do not seek election to the same or any other public office; to provide that a filing officer shall notify the commission of the names and addresses of candidates or public officers who have failed to file financial disclosure state ments required by law; to change certain criminal penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," is amended by striking in its entirety Code Section 21-5-30, relating to contributions made to candidate, or campaign committee or for recall of a public officer, and inserting in lieu thereof a new Code Section 21-5-30 to read as follows:
"21-5-30. (a) Except as provided in Code Section 21-5-31, no contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose.
(b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a trea surer, except that the candidate may serve as the chairperson and treasurer. Before a cam paign committee accepts contributions, the name and address of the chairperson and trea surer shall be filed with the Secretary of State. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign commit tee at a time when there is a vacancy in the office of chairperson or treasurer of the cam paign committee.
(c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained by the candidate or the campaign committee for the purpose for which such campaign commit tee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned on such account shall be deemed contributions and may only be used for the purposes allowed under this chapter.
(d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of Code Section 21-5-3, shall be considered to be a common source.
(e) The making and acceptance of anonymous contributions are prohibited. Any anony mous contributions received by a candidate or campaign committee shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit

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1875

in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission.
(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign.
(g) No person or business entity or political action committee shall contribute anything of value to a member of the governing authority of any county or municipality for a period of one year before and one year after such person or business entity shall have any matter pending before such governing authority. For the purposes of this subsection, 'matter pend ing' shall include, but shall not be limited to, any zoning proposal or amendment to the zoning ordinance, sales to the governing authority, or employment by the governing author ity. Any candidate who pretends to raise money to support other candidates shall not use any monies raised under such pretense for promoting himself or his own campaign."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-5-31, relating to contributions or expenditures other than through a candi date or campaign committee, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who accepts contributions for, makes contributions to, or makes ex penditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candi date or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting."
Section 3. Said chapter is further amended by striking in its entirety Code Section 21-532, relating to duties of the campaign committee treasurer, and inserting in lieu thereof a new Code Section 21-5-32 to read as follows:
"21-5-32. (a) The candidate or treasurer of each campaign committee shall keep de tailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The candidate or treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository and of all interest earned on any such deposits.
(b) Accounts kept by the candidate or treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of compe tent jurisdiction.
(c) Records of such accounts kept by the candidate or campaign committee shall be preserved for three years from the termination date of the campaign for elective office con ducted by the candidate or of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitutional amendment, referendum, or local issue or of any recall vote."
Section 4. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The candidate or the chairperson or treasurer of each campaign committee organ ized to bring about the nomination or election of a candidate for any office except county and municipal offices and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitu tional amendment or state-wide referendum shall file with the Secretary of State the re-

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quired campaign contribution disclosure reports. In addition, a candidate for membership in the General Assembly or the chairperson or treasurer of such candidate's campaign commit tee shall file a copy of each of such candidate's reports with the election superintendent of the county of such candidate's residence."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Candidates or campaign committees which accept contributions or make expendi tures designed to bring about the nomination or election of a candidate shall file campaign contribution disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election, and all candidates shall make a final campaign contribution disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. If a run-off election is required following a primary, general, or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the excep tion that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previ ously have been required, to be reported."
Section 6. Said chapter is further amended by striking in its entirety Code Section 21-550, relating to filing of financial disclosure statements, and inserting in lieu thereof a new Code Section 21-5-50 to read as follows:
"21-5-50. (a) (1) Each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candi date for election as a public officer, as defined in subparagraphs (A) through (E) of para graph (15) of Code Section 21-5-3, shall file with the Secretary of State, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preced ing calendar year.
(2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Sec tion 21-5-3, shall file with the election superintendent of the county of election of such pub lic officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, not later than July 1 in the year in which such person qualifies, a finan cial disclosure statement for the preceding calendar year.
(3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Sec tion 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure state ment for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3,

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1877

shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year.
(4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.
(5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days.
(6) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for election as a public officer until after the first day of July, such person shall file with the appropriate filing officer no later than the fifteenth day following the date of qualifying as a candidate a financial disclosure statement for the preceding calendar year.
(b) A financial disclosure statement shall be in the form specified by the commission and shall identify:
(1) Each monetary fee of $101.00 or more which is received by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received and the person from whom it was received;
(2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity;
(3) The name, address and principal activity of any business entity and the office held by and the duties of the candidate for public office or public officer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which interest:
(A) Is more than 10 percent of the total interests in such business; or
(B) Has a net fair market value of more than $20,000.
(4) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest as of December 31 of the covered year when that interest has a net fair market value in excess of $20,000. 'Net fair market' value means the appraised value of the property for ad valorem tax purposes less any indebtedness thereon. The disclo sure shall contain the county and state and general location therein where the property is located.
(5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments.
(6) No form prescribed by the commission shall require more information or specify more than provided in the several paragraphs of this section with respect to what is re quired to be disclosed."
Section 7. Said chapter is further amended by striking in its entirety Code Section 21-553, relating to financial disclosure statements as public records, and inserting in lieu thereof a new Code Section 21-5-53 to read as follows:
"21-5-53. Financial disclosure statements filed pursuant to this article shall be public

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records and shall be subject to inspection and copying by any member of the public as provided by law for other public records. Within ten days after the date financial disclosure statements are due, the filing officer shall notify the commission in writing of the names and addresses of candidates or public officers who have not filed financial disclosure statements as required by this article."
Section 8. Said chapter is further amended by striking Code Section 21-5-9, relating to criminal penalties, and inserting in its place a new Code section to read as follows:
"21-5-9. (a) Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor."
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate disagree to the House substitute to SB 564.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 564.

The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 439. By Senator Dean of the 31st:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bryant BCoulretomnan
Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris
Harnson Hudgms HJouhgngsionns
Kennedy Kidd McGill
McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 32nd Ray Scott of 36th Shumake ,,. ,,S,tumb, augh,
late Taylor Timmons
Turner Tysinger Walker

Those not voting were Senators:

Brannon Coverdell Dawkins

Hine Howard Land (excused)

Langford Ragan of 10th Scott of 2nd

THURSDAY, MARCH 3, 1988

1879

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 442. By Senator Foster of the 50th:
A resolution urging the Commissioner of Agriculture to lease certain state owned real property located in Rabun County, Georgia, to the Board of Commissioners of Rabun County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen
BBruyrtaonnt Coleman Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Gillis Hudgins
Hup1"8 JKoehnnnseodny
Kidd
Langford McGill
McKenzie
Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd fjav Scott of 36th Shumake aSt, umb, augh,
late
Taylor Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Allgood Coverdell Dawkins Garner

Harris Harrison Hine Howard

Land (excused) Newbill Scott of 2nd Starr

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 443. By Senators Coleman of the 1st, Bryant of the 3rd and Kennedy of the 4th: A resolution creating the Senate Transportation Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker

Barnes Bowen Brannon

Broun Bryant Burton

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Crumbley Deal Dean Echols Engrain Fincher Foster Gillis Harris Hudgins

Muggins Johnson Kennedy Kidd Langford McGill McKenzie Olmstead Peevy Perry

Ragan of 10th Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood
Coleman Coverdell Dawkins Edge English

Garner
Harrison Hine Howard Land (excused) Newbill

Phillips Ragan of 32nd ,,
Scott of 2nd Timmons

On the adoption of the resolution, the yeas were 39, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 447. By Senators Barker of the 18th, Hudgins of the 15th, Newbill of the 56th and others:
A resolution urging the presidential candidates to identify and communicate their position on critical issues facing children and youth.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon
Broun BrB. uryrta. onnt Coleman Coverdell Crumbley Deal Dean
Echols

Edge English Engram Fincher Foster
Garner GTHTialrlirsis Hudgins Huggins Johnson Kennedy Kidd
McGill

Peevy Perry Phillips Ragan of 10th pjav Scott of 36th cSuhumak, e
Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen Dawkins Harrison

Hine Howard Land (excused) Langford

McKenzie Newbill Olmstead Ragan of 32nd

THURSDAY, MARCH 3, 1988

1881

Scott of 2nd

Stumbaugh

Timmons

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 448. By Senators Hudgins of the 15th and Barker of the 18th: A resolution relative to the Georgia Children and Youth Commission.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hudgins Huggins Johnson Kennedy Kidd Langford McGill McKenzie

Olmstead Peevy Perry Phillips Ragan of 10th Ray Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun Harrison Hine

Howard Land (excused) Newbill

Ragan of 32nd Scott of 2nd Scott of 36th

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SR 449. By Senators Hudgins of the 15th and Barker of the 18th: A resolution relative to a Georgia Children's Services Inventory.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen B r a nn n Broun BBuryrtaonnt
Coleman Coverdell
Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis HHianreris
Howard Hudgins
Huggins Johnson Kidd Langford McGill

McKenzie Olmstead Peevy Perry Phillips R of Ra S0h, umak, e
tarr , , Stumbaugh
Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Barker Harrison Kennedy (presiding)

Land (excused) Newbill Ragan of 32nd

Scott of 2nd Scott of 36th Tysinger

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.
The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.
Tne following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1405. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to change and revise extensively the provisions relating to actions by the admin istrator of the "Fair Business Practices Act of 1975".
Senate Sponsor: Senator Barnes of the 33rd.

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1883

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Johnson Kidd Langford McGill

McKenzie Olmstead Peevy Perry Phillips Ragan of 10th Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Bryant Garner Harrison

Kennedy (presiding) Land (excused) Newbill Ragan of 32nd

Scott of 2nd Shumake Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.
Senate Sponsor: Senator Hine of the 52nd.

The Senate Committee on Human Resources offered the following substitute to HB 1348:

A BILL
To be entitled an Act to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for the refusal to reuse kidney dialyzers; to prohibit the reuse of such dialyzers under cer tain circumstances and prohibit discrimination for refusal to reuse such dialyzers; to author ize and direct the Office of Regulatory Services of the Department of Human Resources to create a task force on kidney dialysis centers; to provide for the duties of the task force; to provide for reimbursement of expenses incurred by members; to provide for termination of the task force; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to

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care and treatment of chronic renal disease patients, is amended by adding at the end a new Code section to read as follows:
"31-16-7. The physician and that physician's patient retain the discretion to determine whether or not a kidney dialyzer should be used. No licensed kidney dialysis clinic or pro vider of kidney dialysis services which is certificated by the State Health Planning Agency may interfere with the exercise of that discretion by:
(1) Requiring the reuse of such dialyzer over the objection of that physician and pa tient; or
(2) Discriminating against a physician specializing in the practice of nephrology by prohibiting that physician from practicing in such clinic or performing dialysis services for such provider if that discrimination is based upon that physician's refusal to reuse a dia lyzer and that refusal is based on the patient's informed consent."
Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 31-16-8 to read as follows:
"31-16-8. (a) The Office of Regulatory Services of the Department of Human Resources is authorized and directed to create a task force on kidney dialysis centers to be composed of citizens of this state with at least one member of such task force to be from each congres sional district, at least two members of the task force to be members of the Senate who are appointed to the task force by the President of the Senate, and at least two members of the task force to be members of the House of Representatives who are appointed to the task force by the Speaker of the House of Representatives. The President of the Senate shall appoint one of the Senate members of the task force to call the first meeting of that task force. At the first meeting, the task force shall elect a chairman and vice chairman from among its members, and thereafter the task force shall meet at the call of the chairman.
(b) The task force shall undertake a study of the conditions, needs, issues, and problems involving kidney dialysis centers and recommend rules, regulations, any action, or legislation which the task force deems necessary or appropriate. The task force may conduct such meetings at such places within the state and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. Legislative members and citi zens members, if any, shall receive the expenses and allowances authorized by law for mem bers of interim legislative committees for their services on the task force. Members of the task force who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the task force, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the task force. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Code section shall come from the funds appropriated to or otherwise available to the legislative branch of government. The task force shall not meet for more than ten days. The task force shall make a report of its findings and recommendations, with suggestions for proposed regulation, if any, to the Office of Regulatory Services and the General Assembly on or before December 31, 1988. The task force shall stand abolished and this Code section shall stand repealed on December 31, 1988."
Section 3. Section 2 of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 1988.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

THURSDAY, MARCH 3, 1988

1885

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Echols Edge Fincher Foster Harris Hine Howard Hudgins Huggins Johnson Langford McKenzie Newbill

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger

Those voting in the negative were Senators:

Albert English Gillis

Kidd McGill Olmstead

Ray Walker

Those not voting were Senators:

Barker Dean Engram

Garner Harrison Kennedy (presiding)

Land (excused) Starr Timmons

On the passage of the bill, the yeas were 39, nays 8.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1348.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 10:55 o'clock A.M. today.

The President resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.
Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1277 and that a Conference Committee be appointed.

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On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1277.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Starr of the 44th, Allgood of the 22nd and Kennedy of the 4th.
Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1263. By Representatives Colbert of the 23rd, Jackson of the 9th, Davis of the 45th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for traffic offenses, so as to provide that the driver of a motor vehicle who leaves the scene of an accident resulting in per sonal injury to or the death of a person shall be guilty of a felony.
Senate Sponsor: Senator Edge of the 28th.
The Senate Committee on Special Judiciary offered the following substitute to HB 1263:
A BILL
To be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to change provisions relating to the duty of a driver to stop at or return to the scene of certain accidents; to provide for duties, responsibilities, and requirements of drivers; to provide for criminal penalties; to provide for payment of fines in installments; to change the provisions relating to offenses which must be charged as a state violation; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident, which reads as follows:
"40-6-270. (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Code Section 40-6-271. Every such stop shall be made without obstructing traffic more than is necessary.
(b) (1) Any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:
(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both;
(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and

THURSDAY, MARCH 3, 1988

1887

(C) Upon the third or subsequent conviction within a five-year period of time, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.
(2) For the purpose of imposing a sentence under this subsection, a plea of nolo con tendere shall constitute a conviction.
(c) If the payment of the fine required under subsection (b) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
(d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.",
and inserting in its place a new Code Section 40-6-270 to read as follows:
"40-6-270. (a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall in every event remain at the scene of the accident until fulfilling the requirements of Code Section 40-6-271. Every such stop shall be made without obstructing traffic more than is necessary.
(b) If such accident is the proximate cause of death or a serious injury as defined in Code Section 33-34-2, any person knowingly failing to stop and comply with the require ments of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(c) (1) If such accident is the proximate cause of an injury other than a serious injury as defined in Code Section 33-34-2, or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:
(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both;
(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo con tendere accepted within such five-year period shall constitute convictions; and
(C) Upon the third or subsequent conviction within a five-year period of time, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.
(2) For the purpose of imposing a sentence under this subsection, a plea of nolo con tendere shall constitute a conviction.
(3) If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay

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such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 40-6-376, relating to prosecution of provisions of the uniform rules of the road as local ordi nances, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Any offense, except a violation of Code Section 40-6-270 or Code Section 40-6-393, which is a violation of a provision of this chapter and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the state statute or of the local ordinance. A violation of Code Section 40-6-270 or Code Section 40-6-393 shall be charged as a state violation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kidd McGill McKenzie Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Deal Engram

Hine Kennedy (presiding) Land (excused)

Langford Newbill Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Time having arrived for the entertainment of the reconsideration motion, Senator Kidd

THURSDAY, MARCH 3, 1988

1889

of the 25th moved that the Senate reconsider its action in passing the following bill of the House:

HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

On the motion, Senator Hine of the 52nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Bryant Dawkins English Gillis Harris

Hudgins Kidd Langford McGill McKenzie Olmstead Ragan of 10th

Scott of 2nd Scott of 36th Shumake Tate Taylor Walker

Those voting in the negative were Senators:

Baldwin Barnes Brannon Broun Burton Coverdell Crumbley Echols Edge

Engram Fincher Foster
Hine Howard Huggins Johnson Newbill

Peevy Perry Phillips Ragan of 32nd Starr Stumbaugh Turner Tysinger

Those not voting were Senators:

Allgood Bowen Coleman Deal

Dean Garner Harrison Kennedy (presiding)

Land (excused) Ray Timmons

On the motion, the yeas were 20, nays 25; the motion was lost, and HB 1348 was not reconsidered.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1916. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to provide for the Griffin-Spalding County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem meet and proper to deter and control the unlawful use, consumption, possession, sales, transfer, delivery, dispensing,

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handling, trafficking, manufacturing, and growing of dangerous drugs or con trolled substances, as defined by the laws of Georgia.
HB 1920. By Representative Greene of the 130th:
A bill to create the Stewart County Water and Sewerage Authority; to provide for a short title; to provide for the membership of the authority and its rules, quorum, organization, meetings, and vacancies thereon; to provide for members of the authority and their appointment, terms, qualifications, and expenses; to provide for definitions.
HB 1917. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide a homestead exemption from all White County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over.
HB 1918. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide a homestead exemption from all White County ad valorem taxes other than county school district taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of White County who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1743. By Representative Twiggs of the 4th: A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles, so as to provide that all officially marked law enforcement vehicles shall not be required to have a permit for the use of a blue light.
Senate Sponsor: Senator Harris of the 27th.
The Senate Committee on Public Safety offered the following amendment:
Amend HB 1743 by striking from lines 1 through 3 of page 2 the following:
"in letters not less than four inches in height of a contrasting color from the back ground color of the motor vehicle".
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
Senator Harris of the 27th offered the following amendment:
Amend HB 1743 by inserting on line 1 of page 1 immediately following the words "To amend" the following:
"Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to specify the manner in which pulpwood or logs shall be secured when transported upon any public road or highway in this state; to amend".
By inserting on line 7 of page 1 after the word and symbol "light;" the following:
"to provide an effective date;".

THURSDAY, MARCH 3, 1988

1891

By inserting between lines 9 and 10 of page 1 the following:
"Section 1. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by adding at the end of Article 1 a new Code Section 40-8-10 to read as follows:
'40-8-10. (a) Each load of pulpwood or logs transported upon any public road or high way in this state by any vehicle with permanent, fixed, or trip standards shall be secured with binder chains of at least one-quarter inch high-tensile strength or cables, straps, or other chains of equivalent strength. All such chains, cables, or straps shall be equipped with a tightening device. All pallets or racks used to carry pulpwood or logs shall be bound to the frame or body of the truck or trailer at the bottom. The driver shall be required to examine such chains, cables, or straps and the safety of the load before departing from the point of origin.
(b) Each load of short pulpwood loaded perpendicular to the axis of the truck body shall be required to be secured by only one binder chain or cable, strap, or other chain meeting the specifications provided in subsection (a) of this Code section.
(c) Each tree length load of pulpwood or logs shall be required to be secured with no less than two binder chains or cables, straps, or other chains meeting the specifications pro vided in subsection (a) of this Code section which shall be located approximately at the center and end of the load.
(d) Each load of pulpwood or cut logs loaded on multiple racks, where each rack is individually loaded, shall be required to be secured by only one binder chain or cable, strap, or other chain meeting the specifications of subsection (a) of this Code section.'"
By inserting between lines 4 and 5 of page 2 the following:
"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By redesignating Sections 1 and 2 as Sections 2 and 4, respectively.
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the amendments and bill would be sus pended and placed on the Senate General Calendar.
The following resolution of the Senate was read and adopted:
SR 486. By Senator Barker of the 18th:
A resolution commending Sheriff William Earl Hamrick.
Senator Barker of the 18th introduced Sheriff William Earl Hamrick who briefly ad dressed the Senate.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1431. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, so as to make it a felony if the damage to certain property is greater than $500.00.
Senate Sponsor: Senator Dawkins of the 45th.

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The Senate Committee on Special Judiciary offered the following substitute to HB 1431:

A BILL
To be entitled an Act to amend Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, so as to make it a misdemeanor of a high and aggravated nature if the damage to certain property is greater than $500.00; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 16-9-51 to read as follows:
"16-9-51. (a) Except as provided in subsection (b) of this Code section, a person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest shall be guilty of a misdemeanor.
(b) A person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that secur ity interest and in so doing does damage to such property in an amount greater than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature.
(c) In a prosecution under this Code section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done or caused to be done."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bames Brannon rBBB, rruoyrutaonnn,t
Coverdell Crumbley
Dawkins Dean Echols Edge

English Engram Foster Garner Gfflis Harris HTHHTuoingwegairndjs
Johnson Kidd
Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd p SQo,,,chou.tm.t aok.ffea,,-o.t.,n
btarr Stumbaugh
Tate Taylor Turner Tysinger

Those not voting were Senators:

Bowen

Coleman

Deal

THURSDAY, MARCH 3, 1988

1893

Fincher Harrison Hudgins

Kennedy (presiding) Land (excused) McKenzie

Scott of 2nd Timmons Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 404. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to the procedure upon change of an elector's residence, so as to remove the requirement that a change of address be made under oath; to amend Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to change the procedure relat ing to change of residence of an elector by removing the requirement that a change of address be made under oath.

The House substitute to SB 404 was as follows:

A BILL
To be entitled an Act to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to the procedure upon change of an elector's residence, so as to remove the requirement that a change of address be made under oath; to amend Article 6 of Chap ter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to change the procedure relating to change of residence of an elector by removing the requirement that a change of address be made under oath; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to the procedure upon the change of an elector's residence, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In the event any elector moves to a residence within the county and has a different address from the address contained on the person's registration card, it shall be his duty to notify the board of registrars of such fact 30 days prior to the primary or election in which he wishes to vote by submitting the change of address in writing; and the board of registrars shall place such person's name on the proper list of electors at least five days prior to such primary or election."
Section 2. Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, is amended by striking in its en tirety Code Section 21-3-140, relating to the procedure upon change of residence of an elec tor, and inserting in lieu thereof a new Code Section 21-3-140 to read as follows:
"21-3-140. In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact by submitting the change of address in writing; and the board shall place such person's name on the proper list of elec tors. Any elector who moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact prior to an election or primary shall vote in the precinct of his former residence for such election or primary and for any runoffs result ing therefrom. The superintendent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence.

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Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail."
Section 3. This Act shall become effective on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 404.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Brannon Broun ryant Burton Coverdell CDreuaml bley
Dean Echols
English Engram

Fincher Foster Garner Gillis Harris oward Hudgms Huggins JKoihdndson
Langford McGill
Newbill Olmstead

Peevy Perry Phillips Ragan of loth Ragan of 32nd Scott of 36th Shumake
Starr Stumbaugh
Tate Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Bowen Coleman Dawkins

Edge Harrison Hine Kennedy (presiding) Land (excused)

McKenzie Ray Scott of 2nd Taylor Timmons

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 404.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 503. By Representatives Brown of the 88th, Martin of the 26th, White of the 132nd and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for comprehensive regula tion of the disclosure to state employees of known and suspected health hazards of hazardous chemicals and substances; to provide for a short title.
Senate Sponsor: Senator Allgood of the 22nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 3, 1988

1895

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes
Bowen Brannon BrBC.ourylreta. omnntan Coverdell
Crumbley Deal
Dean Echols Edge English

Engram Fincher Foster Garner
Gillis. Harris HTHHTouarwdrgiasirnod,sn Huggins
Johnson Kidd
Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of ioth
Ragan of 32nd D SS00 ccoo,.tt.,tt. oofftt 023,,,,n6.dtj,h Shumake
Starr Stumbaugh
Tate Turner Tysinger Walker

Those not voting were Senators:

Baldwin Broun Dawkins

Hine Kennedy (presiding) Land (excused)

McKenzie Taylor Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1851. By Representatives Coleman of the 118th, Parham of the 105th, Parrish of the 109th and Lee of the 72nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protec tion, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare; to provide a short title.
Senate Sponsor: Senator English of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen
Brannon Broun Burton Coleman Coverdell Crumbley

Deal Dean Echols Edge
English Engram Foster Garner Gillis Harris

Harrison Hine Howard Hudgins
Huggins Johnson Kidd Langford McGill Newbill

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JOURNAL OF THE SENATE

Peevy Perry Phillips Ragan of 10th

Ragan of 32nd Ray Scott of 36th Starr

Tate Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Bryant Dawkins Fincher

Kennedy (presiding) Land (excused) McKenzie Olmstead Scott of 2nd

Shumake Stumbaugh
laylor Timmons

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 443. By Representative Hamilton of the 124th:
A bill to amend Code Section 46-2-10 of the Official Code of Georgia Annotated, relating to payment of a special fee by corporations and utilities subject to juris diction of the Public Service Commission, so as to require all public service cor porations and utilities subject to the jurisdiction of the Public Service Commis sion to pay special fees in an amount sufficient to cover the operating cost of the commission.
Senate Sponsor: Senator Scott of the 2nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Broun ^Bruyrftonnt CCrouvmerbdleelyl Deal Dean Echols Edge Engram

Foster Garner Gillis Harris Harrison
" ine "Hud7girnds JHouhgngsionns Kidd Langford McGill Newbill Peevy

Perry Phillips Ragan of 10th Ragan of 32nd pay
Scott of 2nd S_ cott of 36th S^tuarmr baugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coleman Dawkins

English Fincher Kennedy (presiding) Land (excused)

McKenzie Olmstead Shumake Timmons

On the passage of the bill, the yeas were 44, nays 0.

THURSDAY, MARCH 3, 1988

1897

The bill, having received the requisite constitutional majority, was passed.

HB 1535. By Representatives Murphy of the 18th, Groover of the 99th, Walker of the 115th, Lee of the 72nd, Colwell of the 4th and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the fiscal affairs subcommittees of the Senate and House of Representatives, so as to require that certain leases of property by state au thorities must be approved by the fiscal affairs subcommittees.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Burton Coverdell Crumbley Deal Dean Echols Engram Fincher Foster Garner

Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Langford McGill McKenzie Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd Ray Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Brannon

Broun Bryant

Coleman Scott of 2nd

Those not voting were Senators:

Bowen Dawkins Edge English

Kennedy (presiding) Land (excused) Newbill

Phillips Scott of 36th Timmons

On the passage of the bill, the yeas were 39, nays 7.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 98. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, so as to provide for the mark ing of all dentures and other removable dental prostheses with the name or social

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security number of the intended wearer; to provide for the method and manner of such markings; to provide for exceptions.

The House substitute to SB 98 was as follows:

A BILL
To be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, so as to provide for the mark ing of all dentures and other removable dental prostheses with the name or social security number of the intended wearer; to provide for the method and manner of such markings; to provide for exceptions; to provide for all matters relative to the foregoing; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, is amended by adding a new Code Section to the end of said chapter to read as follows:
"31-1-7. (a) Every complete upper and lower denture and removable dental prosthesis fabricated by a dentist licensed in Georgia shall, upon the request of the patient, be marked with the name or social security number of the patient for whom it is intended. The mark ing shall be done during fabrication and shall be permanent, legible, and cosmetically ac ceptable. The exact location of the marking and the methods used to apply or implant it shall be determined by the dentist.
(b) If, in the professional judgment of the dentist, this marking is not practicable, the marking shall be as follows:
(1) The initials of the patient may be shown if the use of the full name or social security number is impossible; or
(2) The marking may be omitted entirely if none of the markings so specified are practi cal or clinically safe.
(c) Any removable dental prosthesis in existence prior to July 1, 1988, shall be marked in accordance with this Code section at the time of any subsequent rebasing."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Foster of the 50th moved that the Senate agree to the House substitute to SB 98.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harrison Hine Howard Hudgins Huggins Johnson

Kidd Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ray Shumake Starr Stumbaugh

THURSDAY, MARCH 3, 1988

1899

Tate Taylor

Turner Tysinger

Walker

Those not voting were Senators:

Barker Bowen Harris

Kennedy (presiding) Land (excused) Ragan of 32nd

Scott of 2nd Scott of 36th Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 98.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.

The Conference Committee report on HB 1035 was as follows:

The Committee of Conference on HB 1035 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1035 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Nathan Dean Senator, 31st District
/s/ W. W. Fincher, Jr. Senator, 54th District
/s/ James W. Tysinger Senator, 41st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Philip A. Foster Representative, 6th District
/s/ Jim Griffin Representative, 6th District
/s/ Lauren McDonald, Jr. Representative, 12th District

Conference Committee substitute to HB 1035:

A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority, by contract, to provide to any county, municipality, public cor poration, or public authority, or combination of the foregoing, the goods or services of the authority in connection with the operation and management of a local trade and convention center owned and operated by such county, municipality, corporation, authority, or combi nation of the foregoing, and to exercise the powers of any such county, municipality, corpo ration, authority, or combination of the foregoing, in connection with such local trade and convention center; to provide for financial liabilities and reimbursement; to provide for

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other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center, is amended by adding thereto a new Code section, to be designated Code Section 10-9-16.1, which shall read as follows:
"10-9-16.1. (a) The authority is authorized to contract with any county, municipality, public corporation, or public authority, or combination of the foregoing (any such county, municipality, corporation, authority, or combination being hereinafter referred to as the 'lo cal entity'), to exercise on behalf of the local entity such responsibility in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a local trade and convention center of such local entity, as is now or may be hereafter vested in the local entity, and to provide to the local entity goods or services of the authority in connection with the planning, design, acquisition, construction, operation, management, and maintenance of any local trade and convention center of the local entity, all as the parties may by contract determine appropriate. Any such local entity is authorized by such contract to delegate to the authority all or any of its responsibilities and powers with respect to the planning, design, acquisition, construction, operation, management, and maintenance of a local trade and convention center and to obtain from the authority such goods or services of the authority in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a local trade and convention center as the parties may by contract determine appropriate.
(b) Any such contract shall provide that the local entity shall reimburse the authority for all of the costs, liabilities, and expenses of the authority incurred by the authority in exercising such powers or providing such goods or services. The authority shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local entity in the acquisition, construction, operation, management, or maintenance of a local trade and con vention center. No funds derived by the authority from or in connection with the operation of the Georgia World Congress Center shall be used to pay any liability, cost, or expense incurred in connection with such contract, except pursuant to contract providing for reim bursement of the authority by the local entity therefor.
(c) As used in this Code section, 'local trade and convention center' means a trade and convention center owned or operated by a local entity for the purpose of housing trade shows, conventions, cultural, political, musical, educational, entertainment, recreational, athletic, and other events, for displaying exhibits of counties, municipalities, industries, and attractions, or for promoting agricultural, historic, natural, and recreational resources of the state, which includes one or more facilities suitable for such purposes, including, but not limited to, exhibition halls, meeting halls, auditoriums, theatres, stadiums, facilities for pur veying of foods, beverages, and other goods and services, parking facilities and parking areas in connection therewith, and related buildings or facilities usual and convenient to such purposes and activities."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Fincher of the 54th moved that the Senate adopt the Conference Committee report on HB 1035.
On the motion, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 3, 1988

1901

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun BnBuryrta. onnt Coleman Coverdell Crumbley
Deal Dean
Echols
Engram Fincher

Foster Garner Gillis Harris Harrison Hme HTHTouwdigairnds Hug|ins Johnson Kidd
Langford McGill
McKenzie
Newbill Olmstead

Peevy Perry Phillips Ragan of Ragan of 32nd ^ ao0c, otttt o,ff oocb+tni, fumake ^tarr , btumbaugh
Tate Taylor
Turner
Tysinger Walker

Those not voting were Senators:

Barnes Bowen Dawkins

Edge English Kennedy (presiding)

Land (excused) Scott of 2nd Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1035.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1243. By Representative Edwards of the 112th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic by allowing chiropractors to utilize nutrition.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following substitute to HB 1243:

A BILL
To be entitled an Act to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractors by allowing chiropractors to recommend the use of vitamins, min erals, or food supplements but prohibit their selling or receiving profits from the sale thereof; to clarify the right to practice chiropractic; to provide for statutory construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, is amended by striking said Code section in its en tirety and substituting in lieu thereof a new Code Section 43-9-16 to read as follows:
"43-9-16. (a) Chiropractors who have complied with this chapter shall have the right to practice chiropractic as defined in paragraph (2) of Code Section 43-9-1 and to adjust pa tients according to specific chiropractic methods. Chiropractors shall observe public health regulations.
(b) The chiropractic adjustment of the articulations of the human body may include

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manual adjustments and adjustments by means of electrical and mechanical devices which produce traction or vibration. Chiropractors who have complied with this chapter may also use in conjunction with adjustments of the spinal structures electrical therapeutic modali ties which induce heat or electrical current beneath the skin, including therapeutic ultra sound, galvanism, microwave, diathermy, and electromuscular stimulation.
(c) Chiropractors who have complied with this chapter may utilize those electric thera peutic modalities described in subsection (b) of this Code section, provided the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures in accordance with the guidelines set forth by the Council on Chiropractic Education or its successor and is qualified and so certified in that proper utilization.
(d) Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health officers the same as other practitioners.
(e) Chiropractors shall not prescribe or administer medicine to patients, perform sur gery, or practice obstetrics or osteopathy.
(f) Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or any other technique which is invasive of the human body either by penetrating the skin or through any of the orifices of the body or through the use of colonies.
(g) A person professing to practice chiropractic for compensation must bring to the exercise of that person's profession a reasonable degree of care and skill. Any injury result ing from a want of such care and skill shall be a tort for which a recovery may be had. If a chiropractor performs upon a patient any act authorized to be so performed under this chapter but which act also constitutes a standard procedure of the practice of medicine, including but not limited to the use of modalities such as those described in subsection (b) of this Code section and x-rays, under similar circumstances the chiropractor shall be held to the same standard of care as would licensed doctors of medicine who are qualified to and who actually perform those acts under similar conditions and like circumstances.
(h) A licensed practitioner of chiropractic may use only the title 'chiropractor,' or 'doc tor of chiropractic,' or 'D.C.'
(i) Chiropractors who have complied with this chapter may recommend the use of vita mins, minerals, or food supplements. Any such recommendation of vitamins, minerals, or food supplements shall not be construed to allow chiropractors to treat patients outside the scope of the practice of chiropractic as set forth in this chapter nor shall this subsection be construed to allow chiropractors to sell at a profit any such vitamins, minerals, or food sup plements nor receive any profits from the sale of any such vitamins, minerals, or food sup plements so recommended nor shall any chiropractor recommend any such vitamins, miner als, or food supplements without providing their generic name."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 3, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes

Brannon Broun Bryant Burton

Coverdell Crumbley Dawkins Deal

THURSDAY, MARCH 3, 1988

1903

Dean Echols English Engram Fincher FGoilsltiser
Harris Harrison
Hine
Howard

Hudgins Huggins Johnson Kidd Langford MMccGKielnl zie
Newbill Olmstead
Peevy
Perry

Phillips Ragan of 10th Ragan of 32nd pjay qt S*tu.m,baugh,
Taylor Turner
Tysinger
Walker

Those voting in the negative were Senators:

Edge

Garner

Shumake

Those not voting were Senators:

Barker Bowen Coleman

Kennedy (presiding) Land (excused) Scott of 2nd

Scott of 36th Tate Timmons

On the passage of the bill, the yeas were 44, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 73. By Senator Deal of the 49th:
A bill to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of con struction contracts to agreements to arbitrate generally.

The House substitute to SB 73 was as follows:

A BILL
To be entitled an Act to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of construction contracts to agreements to arbitrate generally; to provide for a short title; to provide for applicability; to provide for enforcement of agreements to arbitrate without regard to justiciability of the controversy; to change certain provisions relative to venue; to provide for orders of attach ment and preliminary injunctions under certain circumstances; to provide for court discre tion in applying bar of limitation of time; to provide for waiver of limitation of time; to provide for time for asserting limitation of time as bar; to provide procedures for applica tions to compel arbitration; to change certain requirements in the appointment of arbitra tors; to eliminate the requirement of an oath for arbitrators; to remove the authority of the court to override the arbitrators' selection of location for hearings; to provide time for as serting right to an attorney; to provide that such right to an attorney may not be waived; to provide for service on attorney for party; to provide for authority of arbitrators; to remove authority of court to deny enforcement of arbitrators' subpoenas; to provide authority for parties to obtain certain information; to provide procedures relative to the time for award;

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to change the times for applications for vacation and modification of awards; to change certain procedures and grounds for such applications; to provide that arbitrations be en forced as other judgments or decrees; to remove authority of court to reduce or disallow expenses; to provide for affect of death or incompetency of a party in arbitration; to provide for consolidation of arbitration proceedings; to provide for arbitration of international dis putes; to provide for applicability; to provide for procedures; to provide for arbitrators; to provide for authority of arbitrators; to provide for selection of law governing arbitration; to provide for experts; to provide for confirmation or vacation of awards; to provide for en forcement of awards; to provide for time limitations; to repeal specifically Article 1 and Parts 1, 2, and 3 of Article 2 of said chapter; to provide for redesignation of certain provi sions; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, is amended by striking Article 1 of said chapter, relating to common-law arbi tration in its entirety, and inserting in lieu thereof a new Part 1 of Article 1 to read as follows:
"ARTICLE 1
Part 1
9-9-1. This part shall be known and may be cited as the 'Georgia Arbitration Code.'
9-9-2. (a) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, applies to agreements specified in subsection (b) of this Code section made between July 1, 1978, and July 1, 1988. This part applies to agreements specified in subsection (b) of this Code section made on or after July 1, 1988, and to disputes arising on or after July 1, 1988, in agreements specified in subsection (c) of this Code section.
(b) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, shall apply to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto made between July 1, 1978, and July 1, 1988, and on and after July 1,1988, this part shall apply as provided in subsection (a) of this Code section and shall provide the exclusive means by which agreements to arbitrate disputes arising under such contracts can be enforced.
(c) This part shall apply to all disputes in which the parties thereto have agreed in writing to arbitrate and shall provide the exclusive means by which agreements to arbitrate disputes can be enforced, except the following, to which this part shall not apply:
(1) Agreements coming within the purview of Article 2 of this chapter, relating to arbi tration of medical malpractice claims;
(2) Any collective bargaining agreements between employers and labor unions repre senting employees of such employers;
(3) Any contract of insurance, as defined in paragraph (1) of Code Section 33-1-2;
(4) Any other subject matters currently covered by an arbitration statute;
(5) Any loan agreement or consumer financing agreement in which the amount of in debtedness is $25,000.00 or less at the time of execution;
(6) Any contract for the purchase of consumer goods, as defined in Title 11, the 'Uni form Commercial Code,' under subsection (1) of Code Section 11-2-105 and subsection (1) of Code Section 11-9-109;
(7) Any contract involving consumer acts or practices or involving consumer transac tions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the 'Fair Business Practices Act of 1975';

THURSDAY, MARCH 3, 1988

1905

(8) Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents;
(9) Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement;
(10) Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort.
9-9-3. A written agreement to submit any existing controversy to arbitration or a provi sion in a written contract to submit any controversy thereafter arising to arbitration is en forceable without regard to the justiciable character of the controversy and confers jurisdic tion on the courts of the state to enforce it and to enter judgment on an award.
9-9-4. (a) (1) Any application to the court under this part shall be made to the superior court of the county where venue lies, unless the application is made in a pending court action, in which case it shall be made to the court hearing that action. Subsequent applica tions shall be made to the court hearing the initial application unless the court otherwise directs.
(2) All applications shall be by motion and shall be heard in the manner provided by law and rule of court for the making or hearing of motions, provided that the motion shall be filed in the same manner as a complaint in a civil action.
(b) Venue for applications to the court shall lie:
(1) In the county where the agreement provides for the arbitration hearing to be held; or
(2) If the hearing has already been held, in the county where it was held; or
(3) In the county where any party resides or does business; or
(4) If there is no county as described in paragraph (1), (2), or (3) of this subsection, in any county.
(c) (1) A demand for arbitration shall be served on the other parties by registered or certified mail, return receipt requested.
(2) The initial application to the court shall be served on the other parties in the same manner as a complaint under Chapter 11 of this title.
(3) All other papers required to be served by this part shall be served in the same manner as pleadings subsequent to the original complaint and other papers are served under Chapter 11 of this title.
(d) In determining any matter arising under this part, the court shall not consider whether the claim with respect to which arbitration is sought is tenable nor otherwise pass upon the merits of the dispute.
(e) The superior court in the county in which an arbitration is pending, or, if not yet commenced, in a county specified in subsection (b) of this Code section, may entertain an application for an order of attachment or for a preliminary injunction in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief.
9-9-5. (a) If a claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court, a party may apply to the court to stay arbitration or to vacate the award, as provided in this part. The court has discretion in deciding whether to apply the bar. A party waives the right to raise limitation of time as a bar to arbitration in an application to stay arbitration by that party's participation in the arbitration.

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(b) Failure to make this application to the court shall not preclude a party from assert ing before the arbitrators limitation of time as a bar to the arbitration. The arbitrators, in their sole discretion, shall decide whether to apply the bar. This exercise of discretion shall not be subject to review of the court on an application to confirm, vacate, or modify the award except upon the grounds hereafter specified in this part for vacating or modifying an award.
9-9-6. (a) A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. If the court determines there is no substantial issue concerning the validity of the agreement to submit to arbitration or compliance therewith and the claim sought to be arbitrated is not barred by limitation of time, the court shall order the parties to arbitrate. If a substantial issue is raised or the claim is barred by limitation of time, the court shall summarily hear and determine that issue and, accordingly, grant or deny the application for an order to arbitrate. If an issue claimed to be arbitrable is involved in an action pending in a court having jurisdiction to hear a motion to compel arbitration, the application shall be made by motion in that action. If the application is granted, the order shall operate to stay a pending or subsequent action, or so much of it as is referable to arbitration.
(b) Subject to subsections (c) and (d) of this Code section, a party who has not partici pated in the arbitration and who has not made an application to compel arbitration may apply to stay arbitration on the grounds that:
(1) No valid agreement to submit to arbitration was made;
(2) The agreement to arbitrate was not complied with; or
(3) The arbitration is barred by limitation of time.
(c) A party may serve upon another party a demand for arbitration. This demand shall specify:
(1) The agreement pursuant to which arbitration is sought;
(2) The name and address of the party serving the demand;
(3) That the party served with the demand shall be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court unless he makes application to the court within 30 days for an order to stay arbitra tion; and
(4) The nature of the dispute or controversy sought to be arbitrated; provided, however, that the demand for arbitration may be amended by either party to include disputes arising under the same agreement after the original demand is served.
(d) After service of the demand, or any amendment thereof, the party served must make application within 30 days to the court for a stay of arbitration or he will thereafter be precluded from denying the validity of the agreement or compliance therewith or from as serting limitation of time as a bar in court. Notice of this application shall be served on the other parties. The right to apply for a stay of arbitration may not be waived, except as provided in this Code section.
(e) Unless otherwise provided in the arbitration agreement, a party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when:
(1) Separate arbitration agreements or proceedings exist between the same parties or one party is a party to a separate arbitration agreement or proceeding with a third party;
(2) The disputes arise from the same transactions or series of related transactions; and
(3) There is a common issue or issues of law or fact creating the possibility of conflicting rulings by more than one arbitrator or panel of arbitrators.
(f) If all the applicable arbitration agreements name the same arbitrator, arbitration

THURSDAY, MARCH 3, 1988

1907

panel, or arbitration tribunal, the court, if it orders consolidation under subsection (e) of this Code section, shall order all matters to be heard before the arbitrator, panel, or tribunal agreed to by the parties. If the applicable arbitration agreements name separate arbitrators, panels, or tribunals, the court, if it orders consolidation under subsection (e) of this Code section, shall, in the absence of an agreed method of selection by all parties to the consoli dated arbitration, appoint an arbitrator.
(g) In the event that the arbitration agreements in proceedings consolidated under sub section (e) of this Code section contain inconsistent provisions, the court shall resolve such conflicts and determine the rights and duties of various parties.
(h) If the court orders consolidation under subsection (e) of this Code section, the court may exercise its discretion to deny consolidation of separate arbitration proceedings only as to certain issues, leaving other issues to be resolved in separate proceedings.
9-9-7. (a) If the arbitration agreement provides for a method of appointment of arbitra tors, that method shall be followed. If there is only one arbitrator, the term 'arbitrators' shall apply to him.
(b) The court shall appoint one or more arbitrators on application of a party if:
(1) The agreement does not provide for a method of appointment;
(2) The agreed method fails;
(3) The agreed method is not followed for any reason; or
(4) The arbitrators fail to act and no successors have been appointed.
(c) An arbitrator appointed pursuant to subsection (b) of this Code section shall have all the powers of one specifically named in the agreement.
9-9-8. (a) The arbitrators, in their discretion, shall appoint a time and place for the hearing notwithstanding the fact that the arbitration agreement designates the county in which the arbitration hearing is to be held and shall notify the parties in writing, personally or by registered or certified mail, not less than ten days before the hearing. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(b) The parties are entitled to be heard; to present pleadings, documents, testimony, and other matters; and to cross-examine witnesses. The arbitrators may hear and determine the controversy upon the pleadings, documents, testimony, and other matters produced not withstanding the failure of a party duly notified to appear.
(c) A party has the right to be represented by an attorney and may claim such right at any time as to any part of the arbitration or hearings which have not taken place. This right may not be waived. If a party is represented by an attorney, papers to be served on the party may be served on the attorney.
(d) The hearing shall be conducted by all the arbitrators unless the parties otherwise agree; but a majority may determine any question and render and change an award, as provided in this part. If during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
(e) The arbitrators shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrators or any party to the proceeding may have the proceedings transcribed by a court reporter.
(f) Except as provided in subsection (c) of this Code section, a requirement of this Code section may be waived by written consent of the parties or by continuing with the arbitra tion without objection.
9-9-9. (a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These subpoenas shall be

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served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action.
(b) Notices to produce books, writings, and other documents or tangible things; deposi tions; and other discovery may be used in the arbitration according to procedures estab lished by the arbitrators.
(c) A party shall have the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration.
(d) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts.
9-9-10. (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement.
(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within 30 days following the close of the hearing or within such time as the court orders. The parties may extend in writing the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he notifies in writing the arbitrators of his objection prior to the delivery of the award to him.
9-9-11. (a) Pursuant to the procedure described in subsection (b) of this Code section, the arbitrators may change the award upon the following grounds:
(1) There was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award;
(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
(b) (1) An application to the arbitrators for a change in the award shall be made by a party within 20 days after delivery of the award to the applicant. Written notice of this application shall be served upon the other parties.
(2) Objection to a change in the award by the arbitrators must be made in writing to the arbitrators within ten days of service of the application to change. Written notice of this objection shall be served upon the other parties.
(3) The arbitrators shall dispose of any application made under this Code section in a written, signed order within 30 days after service upon them of objection to change or upon the expiration of the time for service of this objection. The parties may extend, in writing, the time for this disposition by the arbitrators either before or after its expiration.
(4) An award changed under this Code section shall be subject to the provisions of this part concerning the confirmation, vacation, and modification of awards by the court.
9-9-12. The court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified by the court as pro vided in this part.
9-9-13. (a) An application to vacate an award shall be made to the court within three months after delivery of a copy of the award to the applicant.
(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award;
(2) Partiality of an arbitrator appointed as a neutral;

THURSDAY, MARCH 3, 1988

1909

(3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; or
(4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection.
(c) The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration or order to compel arbitration if the court finds that:
(1) The rights of the party were prejudiced by one of the grounds specified in subsec tion (b) of this Code section;
(2) A valid agreement to arbitrate was not made;
(3) The agreement to arbitrate has not been complied with; or
(4) The arbitrated claim was barred by limitation of time, as provided by this part.
(d) The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(e) Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrators or before new arbitrators appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or award, time shall be measured from the date of such order or rehearing, whichever is appro priate, or a time may be specified by the court. The court's ruling or order under this Code section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this part.
9-9-14. (a) An application to modify the award shall be made to the court within three months after delivery of a copy of the award to the applicant.
(b) The court shall modify the award if:
(1) There was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award;
(2) The arbitrators awarded on a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a manner of form, not affecting the merits of the controversy.
(c) If the court modifies the award, it shall confirm the award as modified. If the court denies modification, it shall confirm the award made by the arbitrators.
9-9-15. (a) Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by Chapter 11 of this title and be enforced as any other judg ment or decree.
(b) The judgment roll shall consist of the following:
(1) The agreement and each written extension of time within which to make the award;
(2) The award;
(3) A copy of the order confirming, modifying, or correcting the award; and
(4) A copy of the judgment.
9-9-16. Any judgment or any order considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5.
9-9-17. Unless otherwise provided in the agreement to arbitrate, the arbitrators' ex penses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
9-9-18. Where a party dies or becomes incompetent after making a written agreement to

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arbitrate, the proceedings may be begun or continued upon the application of, or upon no tice to, his executor or administrator or trustee or guardian or, where it relates to real prop erty, his distributee or devisee who has succeeded to his interest in the real property. Upon the death or incompetency of a party, the court may extend the time within which an appli cation to confirm, vacate, or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a verdict."
Section 2. Said chapter is further amended by adding a new Part 2 of Article 1 to read as follows:
"Part 2
9-9-30. In order to encourage the use of arbitration in the resolution of conflicts arising out of international transactions effectuating the policy of the state to provide a conducive environment for international business and trade, this part supplements Part 1 of this arti cle and shall be used concurrently with the provisions of Part 1 of this article whenever an arbitration is within the scope of this part.
9-9-31. (a) This part shall apply to arbitrations within its scope notwithstanding provi sions in Part 1 of this article to the contrary.
(b) This part shall apply only to the arbitration of disputes between:
(1) Two or more persons at least one of whom is domiciled or established outside the United States; or
(2) Two or more persons all of whom are domiciled or established in the United States if the dispute bears some relation to property, contractual performance, investment, or other activity outside the United States.
(c) Notwithstanding the provisions of subsection (b) of this Code section, this part shall not apply to the arbitration of any of the exceptions set forth in Part 1 of this article.
9-9-32. For purposes of this part, in particular, an agreement is in writing if it is con tained in a document signed by the parties or in an exchange of letters, telex, telegrams, or other means of telecommunication which provide a record of the agreement, or in an ex change of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document contain ing an arbitration clause constitutes an arbitration agreement, provided that the contract is in writing and the reference is such as to make that clause part of the contract.
9-9-33. No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
9-9-34. The arbitrators may rule on their own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbi tration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrators that the contract is null and void shall not thereby invalidate the arbitration clause.
9-9-35. The arbitrators may grant such interim relief as they consider appropriate and, in so doing, may require a party to post bond or give other security. The power conferred in this Code section upon the arbitrators is without prejudice to the right of a party to request interim relief directly from any court, tribunal, or other governmental authority, inside or outside this state, and to do so without prior authorization of the arbitrators.
9-9-36. Selection of this state as the place of arbitration shall not in itself constitute selection of the procedural or substantive law of that place as the law governing the arbitration.
9-9-37. (a) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitrators shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise

THURSDAY, MARCH 3, 1988

1911

specified therein, shall apply to any written statement by a party, any hearing, and any award, decision, or other communication by the arbitrators.
(b) The arbitrators may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitrators.
9-9-38. (a) Unless otherwise agreed by the parties, the arbitrators:
(1) May appoint one or more experts to report on specific issues to be determined by the arbitrators; and
(2) May require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods, or other property for his inspection.
(b) Unless otherwise agreed by the parties, if a party so requests or if the arbitrators consider it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.
9-9-39. (a) A written statement of the reasons for an award shall be issued if the parties agree to the issuance thereof or the arbitrators determine that a failure to do so could prejudice recognition or enforcement of the award.
(b) If so agreed by the parties, a party, with notice to the other party, may request the arbitrators to give an interpretation of a specific point or part of the award. The interpreta tion shall form part of the award.
(c) The arbitrators may award reasonable fees and expenses actually incurred, includ ing, without limitation, fees and expenses of legal counsel to any party to the arbitration and shall allocate the costs of the arbitration among the parties as it determines appropriate.
9-9-40. The courts of this state shall confirm or vacate a final award, notwithstanding the fact that it grants relief in a currency other than United States dollars.
9-9-41. If a final award has been reduced to judgment or made the subject of official action by any court, tribunal, or other governmental authority outside the United States, the courts of this state shall confirm or vacate the award without regard to any term or condition of the foreign judgment or official action and without regard to whether the award may be deemed merged into judgment.
9-9-42. An arbitration award irrespective of where it was made, on the basis of reciproc ity, shall be recognized as binding and shall be enforceable in the courts of this state subject to the grounds for vacating an award under Part 1 of this article and providing that the award is not contrary to the public policy of this state with respect to international transac tions. Reciprocity in the recognition and enforcement of foreign arbitral awards shall be in accordance with applicable federal laws, international conventions, and treaties.
9-9-43. For arbitrations arising under this part, time periods set forth in the following Code sections of Part 1 of this article shall be modified as follows:
(1) The time periods referred to in subsections (c) and (d) of Code Section 9-9-6 and in Code Section 9-9-11 shall be doubled;
(2) The time period contained in subsection (b) of Code Section 9-9-10 shall not be applicable; and
(3) The ten-day time period in subsection (a) of Code Section 9-9-8 shall be 30 days."
Section 3. Said chapter is further amended by striking existing Parts 1, 2, and 3 of Article 2 and by redesignating Code Sections 9-9-110 through 9-9-133 of existing Part 4 of Article 2 as Code Sections 9-9-60 through 9-9-83, respectively, of new Article 2.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 73.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Brannon
Burton CCoruvmerbdleelyl
Deal Dean Echols Edge Engram

Fincher Foster Harris Hine Howard Kuggim
*nson Kidd LMacnGgiflol rd
McKenzie Newbill
Olmstead Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Rav gcott of 2nd Scott Qf 36th
Shumake
Stumbaugh,
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin Bowen Coleman Dawkins

English Garner Gillis Harrison

Hudgins Kennedy (presiding) Land (excused) Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 73.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 248. By Senator Hine of the 52nd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until the final disposition of any dispossessory proceeding by the landlord against such tenant; to provide for a definition; to provide for a penalty.

The House amendment was as follows:
Amend SB 248 as follows:
On page 2, lines 12 and 28, add "payable to the landlord under terms of the lease" after "tenant".

Senator Hine of the 52nd moved that the Senate agree to the House amendment to SB 248.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Barker Brannon

Broun Bryant

THURSDAY, MARCH 3, 1988

1913

Burton Crumbley
Dean English

Huggins Johnson
Kidd Langford

Ragan of 32nd Ray
Scott of 36th Shumake

Fp, iX, ? Gamer Harris Hine Howard Hudgins

MMccGKieUnzie Olmstead Peevv Perry Phillips Ragan of 10th

SSttuarmr baugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barnes BCoowleemnan Coverdell Dawkins

Deal Echols _Ed, Se Gillis Harrison

Kennedy (presiding) Land (excused) XNTewb,l1.,1, Scott of 2nd Timmons

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 248.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1538. By Representatives Pettit of the 19th, Groover of the 99th and Thomas of the 69th:
A bill to amend Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to personalty, so as to authorize the owner of personal prop erty to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft involving the owner's personal property.
Senate Sponsor: Senator Johnson of the 47th.

The Senate Committee on Judiciary offered the following substitute to HB 1538:

A BILL
To be entitled an Act to amend Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to personalty, so a to authorize the owner of personal prop erty to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft involving the owner's personal property; to provide for various damages and a limitation on the amount of damages which may be recovered; to require a property owner to provide written notice of a demand for payment prior to filing the civil action in order to recover certain damages; to provide for forms; to provide certain other conditions in order for a property owner to recover certain damages; to provide that a person who makes payment in accordance with the demand for payment shall not be subject to a civil action by the property owner; to authorize certain findings by the trier of fact in a civil action; to define a certain term; to prohibit civil actions under this Act under a certain condition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to

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injuries to personalty, is amended by adding at the end thereof a new Code Section 51-10-6 to read as follows:
"51-10-6. (a) Any owner of personal property shall be authorized to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft as defined in Article 1 of Chapter 8 of Title 16 involving the owner's personal property. The owner of the personal property may recover as follows:
(1) In any such action, the property owner may recover compensatory damages which may include, in addition to the value of the personal property, any other loss sustained as a result of the willful damage or theft offense; and
(2) In any such action in which the value of the total claim, including exemplary dam ages, is less than $3,000.00, the property owner may recover compensatory damages, as de scribed in paragraph (1) of this subsection, and additionally may recover liquidated exem plary damages equal to $150.00 or twice the amount of compensatory damages recovered in the action, whichever is greater, and the cost of maintaining the civil action if all of the following apply:
(A) The property owner, at least 30 days prior to the filing of the action, provided written notice of a demand by personal delivery or certified mail, return receipt requested, for payment of the value of that personal property and of the amount of any other loss sustained as a result of the willful damage or theft offense upon the person who willfully damaged the property or who committed the theft offense;
(B) Either the person who willfully damaged the personal property or who committed the theft offense did not make payment to the property owner of the amount specified in the demand within 30 days after the date of receipt of the written demand and did not enter into an agreement with the property owner during that 30 day period for such pay ment, or the person who willfully damaged the personal property or who committed the theft offense entered into an agreement with the property owner during that 30 day period for such payment but the person did not make such payment in accordance with the terms of the agreement; and
(C) The property owner did not file a civil complaint against the person who willfully damaged the personal property or who committed the theft offense prior to the expiration of 30 days after the date of service of the written demand upon the person, or, if the person had entered into an agreement with the property owner during that 30 day period for pay ment, prior to the day on which the person failed to make payment in accordance with the terms of the agreement, whichever is applicable.
(b) The person against whom the property owner brings a civil action pursuant to this Code section shall be entitled to recover reasonable attorney's fees and court costs upon a finding that the claimant raised a claim which was without reasonable, factual, or legal support.
(c) For purposes of paragraph (2) of subsection (a) of this Code section, written notice of demand for payment shall be substantially as follows:
'Upon reasonable cause, notice is given of (my)(our) demand for payment of damages in the amount of (state amount claimed based upon value of the personal property and any other loss sustained as a result of the willful damage or theft offense) arising out of your (willful damage, theft, or unlawful conversion) of the following personal property owned by (the undersigned or other owner):

THURSDAY, MARCH 3, 1988

1915

(List affected property) ___________________________________

Pursuant to Code Section 51-10-6 of the Official Code of Georgia Annotated, you are further notified that if the above-stated amount is not paid, or a written agreement as to its pay ment is not reached, within 30 days of the date you receive this letter, (I) (we) (other owner) intend to bring an action against you for such amount, plus exemplary damages equal to ($150.00 or twice the amount claimed, whichever is greater) plus court costs and such other relief as the law provides. Please govern yourself accordingly.
(d) If a property owner whose personal property was willfully damaged or was the sub ject of a theft offense provides written notice of demand for payment upon a person who willfully damaged the personal property or who committed the theft offense, and the person makes payment in accordance with the demand within 30 days after the date of service of the written demand upon him or the person enters into an agreement with the property owner during that 30 day period for such payment and makes payment in accordance with the agreement, the property owner shall not file a civil complaint against the person in relation to the willful property damage or theft offense.
(e) In a civil action to recover damages for willful damage to personal property or for a theft offense, the trier of fact may determine that an owner's property was willfully dam aged or that a theft offense involving the owner's personal property has been committed, whether or not any person has pleaded guilty to or has been convicted of any criminal of fense or has been adjudicated delinquent in relation to any act involving the owner's per sonal property.
(f) As used in this Code section, the term 'value' means the retail value of any personal property that is offered for sale by a mercantile establishment or the replacement value of any other personal property.
(g) If a civil action is filed pursuant to Article 4 of Chapter 12 of Title 44 to recover personal property or damages resulting from willful damage to or theft of such personal property, no civil action authorized by this Code section shall be permitted."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 47th offered the following amendment:
Amend the substitute to HB 1538 offered by the Senate Committee on Judiciary by deleting on page 4, lines 18 and 19, the following:
"Please govern yourself accordingly."
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon Broun Bryant Burton Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Hine Hudgins Huggins Johnson Kidd McGill McKenzie Newbill Olmstead Peevy Perry

Those not voting were Senators:

Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Allgood Barnes Bowen Coleman

Coverdell Harrison Howard

Kennedy (presiding) Land (excused) Langford

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 510. By Senator Allgood of the 22nd:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Anno tated, relating to property which may be exempted by debtors who are natural persons for purposes of bankruptcy, so as to provide an exemption for certain funds or property held on behalf of debtors under certain public retirement and pension plans and systems; to provide for related matters.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 649. By Senator Walker of the 43rd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the applicable limitation of actions for certain asbestos actions; to provide for statu tory construction; to except certain asbestos actions from the limitation.

THURSDAY, MARCH 3, 1988

1917

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1347. By Representatives Bishop of the 94th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend Code Section 12-3-194 of the Official Code of Georgia Annotated, relating to the powers of the Stone Mountain Memorial Association so as to change the locations and type of functions at which alcoholic beverages may be sold at Stone Mountain.

Senators Stumbaugh of the 55th, Burton of the 5th, Tysinger of the 41st and Howard of the 42nd offered the following amendment:
Amend HB 1347 by adding on line 17 of page 1 after the word "function" the following:
"closed to the general public and".

On the adoption of the amendment, the yeas were 41, nays 2, and the amendment was adopted.

Senator Phillips of the 9th offered the following amendment: Amend HB 1347 by adding on line 24 a new Section 2 to read as follows: "This Act shall be repealed on September 1, 1988." and by renumbering the sections accordingly.

On the adoption of the amendment, Senator Phillips of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Brannon Burton Crumbley

Edge Fincher Huggins Newbill Peevy

Perry Phillips Ragan of 32nd Starr Stumbaugh

Those voting in the negative were Senators:

Allgood Barker Barnes
Bwen ?roun CCoorvlveaemnrdtaenll Dawkins Deal Dean Echols English

Engram Foster Garner
Gillis Harris H,,Houwd, Sam.rds Johnson Kidd Langford McGill McKenzie

Olmstead Ragan of 10th Ray
Scott of 2nd Scott of 36th TS,,hautemake Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Harrison Hine

Kennedy (presiding)

Land (excused)

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 15, nays 37, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Broun Bryant Coleman Coverdell Dawkins Dean Echols Edge English

Engram Foster Garner Gillis Harris Harrison Howard Hudgins Johnson Kidd Langford McGill McKenzie

Newbill Olmstead Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Baldwin Brannon Burton Crumbley Deal

Fincher Huggins Peevy Phillips

Shumake Starr Stumbaugh Tysinger

Those not voting were Senators:

Hine

Kennedy (presiding)

Land (excused)

On the passage of the bill, the yeas were 40, nays 13.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 510. By Senator Allgood of the 22nd:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Anno tated, relating to property which may be exempted by debtors who are natural persons for purposes of bankruptcy, so as to provide an exemption for certain funds or property held on behalf of debtors under certain public retirement and pension plans and systems; to provide for related matters.

The House amendment was as follows:
Amend SB 510 by adding between lines 6 and 7 on page 2 the following:
"(C) To the extent permitted by the Bankruptcy Laws of the United States similar benefits from the private sector of such debtor shall be entitled to the same treatment as those specified in (A) and (B)."

THURSDAY, MARCH 3, 1988

1919

Senator Allgood of the 22nd moved that the Senate agree to the House amendment to SB 510.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols Edge English

Engrain Foster Garner Gillis Harris Howard Hudgins Huggins Johnson Kidd McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Dean Fincher

Harrison Hine Kennedy (presiding)

Land (excused) Langford Scott of 2nd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 510.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.

The House has disagreed to the Senate substitutes to the following bills of the House:

HB 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1988.

1920

JOURNAL OF THE SENATE

HB 1001. By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation".
HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd, Lawson of the 9th, Jackson of the 9th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons.
The House insists on its position in substituting the following bill of the Senate:
SB 575. By Senator Langford of the 35th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 649. By Senator Walker of the 43rd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the applicable limitation of actions for certain asbestos actions; to provide for statu tory construction; to except certain asbestos actions from the limitation.
The House substitute to SB 649 was as follows:
A BILL
To be entitled an Act to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the applicable limi tation of actions for certain asbestos actions; to provide for statutory construction; to except certain asbestos actions from the limitation; to provide for applicability; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, is amended by inserting immediately following Code Section 9-3-30 a new Code section to read as follows:
"9-3-30.1. (a) Notwithstanding the provisions of Code Section 9-3-30 or any other law, every action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of any person or entity, public or private; or brought by or on behalf of this state or any agency, department, political subdivision, authority, board, district, or commission of the state; or brought by or on behalf of any municipality, county, or any state or local school board or local school district to recover for:
(1) Removal of asbestos or materials containing asbestos from any building owned or used by such entity;

THURSDAY, MARCH 3, 1988

1921

(2) Other measures taken to correct or ameliorate any problem related to asbestos in such building;
(3) Reimbursement for such removal, correction, or amelioration related to asbestos in such building; or
(4) Any other claim for damage to real property allowed by law relating to asbestos in such building
which might otherwise be barred prior to July 1, 1990, as a result of expiration of the appli cable period of limitation, is revived or extended. Any action thereon shall be commenced no later than July 1, 1990.
(b) The enactment of this Code section shall not be construed to imply that any action against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period.
(c) Nothing in this Code section shall be construed to revive, extend, change, or other wise affect the applicable period of limitation for persons or entities not set forth and pro vided for in subsection (a) of this Code section.
(d) Nothing contained in this Code section shall be construed to have any effect on actions for personal injury or any other claim except as specifically provided in this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 43rd moved that the Senate agree to the House substitute to SB 649.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen
BBrraonunnon BBuryrtaonnt
Coleman Coverdell Crumbley
Dawkins Dean

Echols Edge English Engram Foster Gillis
HHaarmrisson HHouwdgairnds
Huggins Johnson Kidd
McKenzie Olmstead

Peevy Phillips Ragan of 10th Ragan of 32nd {^av Scott of 2nd
S,, cott of 36th S^ttuarmrb, augh,
*ate Taylor Timmons
Tysinger Walker

Voting in the negative were Senators Perry and Turner.

Those not voting were Senators:

Deal Fincher Garner Hine

Kennedy (presiding) Land (excused) Langford

McGill Newbill Shumake

1922

JOURNAL OF THE SENATE

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 649.
The following bills of the House were read the first time and referred to committee:
HB 1916. By Representatives Herbert of the 76th and Mostiler of the 75th: A bill to provide for the Griffin-Spalding County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem meet and proper to deter and control the unlawful use, consumption, possession, sales, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or con trolled substances, as defined by the laws of Georgia.
Referred to Committee on Urban and County Affairs.
HB 1917. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide a homestead exemption from all White County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.
HB 1918. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide a homestead exemption from all White County ad valorem taxes other than county school district taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of White County who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.
HB 1920. By Representative Greene of the 130th: A bill to create the Stewart County Water and Sewerage Authority; to provide for a short title; to provide for the membership of the authority and its rules, quorum, organization, meetings, and vacancies thereon; to provide for members of the authority and their appointment, terms, qualifications, and expenses; to provide for definitions.
Referred to Committee on Urban and County Affairs.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1872. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of popula tion bills.
Senate Sponsor: Senator Turner of the 8th.
The Senate Committee on Urban and County Affairs offered the following amendment to HB 1872:
Amend HB 1872 by striking on lines 17 and 33 of page 2 the following: "two",

THURSDAY, MARCH 3, 1988

1923

and inserting in lieu thereof the following:
"three".
By striking lines 23 through 30 of page 2 which read as follows:
"(3) A bill classifying political subdivisions having more than a specified population and affecting two or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect the legality of any bills classifying political subdivisions having more than a specified population enacted prior to July 1, 1988, or which become effective July 1, 1988;",
and inserting in lieu thereof the following:
"(3) A bill classifying political subdivisions having more than a specified population and affecting three or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect:
(A) The legality of any bills classifying political subdivisions having more than a speci fied population enacted prior to July 1, 1988, or which become effective July 1, 1988; or
(B) The passage or legality of any bills amending bills referred to in subparagraph (A) of this paragraph;".

Senator Turner of the 8th offered the following amendment: Amend HB 1872 by adding on line 6 of page 1 between the word and semicolon "mat ters;" and the word "to" the following: "to provide an effective date;". By redesignating Section 2 as Section 3 and inserting a new Section 2 to read as follows: "Section 2. This Act shall become effective January 1, 1989."

Senator Engram of the 34th moved that HB 1872 be committed to the Senate Commit tee on Urban and County Affairs (General).

On the motion, Senator Kennedy of the 4th, President Pro Tempore, who was presid ing, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Brannon Burton Coverdell TMTM bley
Engram Garner Harris Harrison

Howard Hudgins Huggins Johnson Kidd
Langford Newbill Olmstead Phillips

Ragan of 32nd Scott of 36th Shumake starr Stumbaugh
Tate Taylor Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Baldwin BBoawrkeenr Coleman Dawkins Deal

Echols English Foster G,,.l,l,l.ls Hme McGill McKenzie

Peevy Perry Ragan of 10th Dfy , , Scott of 2nd Timmons Turner

1924

JOURNAL OF THE SENATE

Those not voting were Senators:

Broun Bryant

Edge Fincher

Kennedy (presiding) Land (excused)

On the motion, the yeas were 28, nays 22; the motion prevailed, and HB 1872 was committed to the Senate Committee on Urban and County Affairs (General).

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:50 o'clock P.M. until 2:15 o'clock P.M.

At 2:15 o'clock P.M., the President called the Senate to order.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1220. By Representative Cheeks of the 89th:
A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of six members, two vice mayor-chairpersons, and mayor-chairperson shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city.

HB 1637. By Representative Connell of the 87th:
A bill to provide that the governing authority of Richmond County and the City of Augusta shall be a board of commissioners consisting of ten members and a mayor-chairman; to provide for a mayor-chairman pro tempore.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis lative purpose and intent; to provide a definition; to provide, under certain cir cumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.

The House has receded from its position in disagreeing to the Senate substitute and has agreed to the Senate substitute, as substituted by the House, to the following bill of the House:

HB 1873. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to meetings of the board.

THURSDAY, MARCH 3, 1988

1925

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1364. By Representatives Walker of the 85th and Brown of the 88th:
A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," so as to change the provisions re lating to liability insurance.
Senate Sponsor: Senator English of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Burton Coleman CDrauwmkbinles y
Deal
Echols Edge

English Engram Gillis Hudgins Johnson KLaenngnfeodryd
McGill
Newbill Olmstead

Ragan of 10th Ragan of 32nd Scott of 2nd Shumake ,,,
Stumbaugh Tate
Taylor Tysinger

Those not voting were Senators:

Allgood Barker Barnes Brannon Broun Bryant Coverdell Dean Fincher

Foster Garner Harris Harrison Hine Howard Huggins Kidd Land (excused)

McKenzie Peevy Perry Phillips Ray Scott of 36th Timmons Turner Walker

On the passage of the bill, the yeas were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1612. By Representative Richardson of the 52nd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations; Code Section 29-4-6; Code Section 34-9-13; Title 49; Code Section 51-4-2; and Title 53, so as to delete therefrom the words "illegitimate" and "bastard" and derivations of either and substitute words relating to being born out of wedlock.
Senate Sponsor: Senator Burton of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1926

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun Bryant Burton Coverdell Crumbley Echols

Edge Engram Foster Gillis Hudgins Huggins Johnson Kennedy Kidd Langford McGill

Olmstead Peevy Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Starr Stumbaugh Tate Taylor
Tysinger

Those not voting were Senators:

Barker Bowen Coleman Dawkins Deal Dean English Fincher

Garner Harris Harrison Hine Howard Land (excused) McKenzie Newbill

Perry Phillips Ray Scott of 36th Timmons Turner Walker

On the passage of the bill, the yeas were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1162. By Representative Pannell of the 122nd:
A bill to amend Part 4 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of trust companies, so as to change the requirements relating to fiduciary funds awaiting investment or distribution.
Senate Sponsor: Senator Hudgins of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Edge

English Engram Foster Gillis Hudgins Huggins Johnson Kennedy Kidd Langford McGill McKenzie

Peevy Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Tysinger

THURSDAY, MARCH 3, 1988

1927

Those not voting were Senators:

Barker Bowen
J? eal DEcehaonls Fincher Garner

Harris Harrison
Hine HuowardJ Land (excused) Newbill

Olmstead Perry
Phillips rR> ay Turner Walker

On the passage of the bill, the yeas were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the House were read the first time and referred to committees:

HB 1220. By Representative Cheeks of the 89th:
A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of six members, two vice mayor-chairpersons, and mayor-chairperson shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city.
Referred to Committee on Urban and County Affairs.

HB 1637. By Representative Connell of the 87th:
A bill to provide that the governing authority of Richmond County and the City of Augusta shall be a board of commissioners consisting of ten members and a mayor-chairman; to provide for a mayor-chairman pro tempore.
Referred to Committee on Urban and County Affairs.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1366. By Representatives Porter of the 119th, Robinson of the 96th, Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to regulate the sale and purchase of commodities and commodity contracts and options.
Senate Sponsor: Senator Baldwin of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant

Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis Harris Hine

1928

JOURNAL OF THE SENATE

Hudgins Huggins Johnson Kennedy Kidd Langford McGill
McKenzie

Newbill Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Scott of 2nd
Scott of 36th

Starr Stumbaugh Tate Tavlor ,ifylor limmons Tysinger
Walker

Those not voting were Senators:

Bowen English Harrison

Howard Land (excused) Perry

Ray Shumake Turner

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1567. By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide that in any county having a population of more than 150,000 in any metropolitan statistical area having a population of not less than 260,000 nor more than 360,000 public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected.
Senate Sponsor: Senator Olmstead of the 26th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
ryant 5CCor,ulemmobnalney Dawkins Dean Echols Edge Engram

Fincher Foster Garner Gillis
Harris H,,Huingegms Johnson Kennedy Kidd Langford McGill

Olmstead Peevy Phillips Ragan of loth
Ragan of 32nd SS_,choutmt aokfe2nd Stumbaugh Tate Taylor Tysinger Walker

Voting in the negative were Senators Brannon and Coverdell.

Those not voting were Senators:

Barnes Bowen Broun

Deal English Harrison

Howard Hudgins Land (excused)

THURSDAY, MARCH 3, 1988

1929

McKenzie Newbill Perry

Ray Scott of 36th Starr

Timmons Turner

On the passage of the bill, the yeas were 37, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

SB 640. By Senators Barker of the 18th, Hudgins of the 15th, Langford of the 35th and others:
A bill to amend Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee.

SB 608. By Senators Engram of the 34th, Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to provide that the resurfacing, restriping, or repainting of a parking facility shall be classified as a renovation; to provide for standards for certain handicapped parking spaces.

The House has agreed to the Senate substitute, to the House substitute, to the follow ing bill of the Senate:

SB 418. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Hart County; to provide for five members of the board; to provide for elections; to provide for qualifications, terms, and elections procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 394. By Senators Dawkins of the 45th, Kidd of the 25th, Foster of the 50th, Barnes of the 33rd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local governmental bodies; to provide for applica bility to the General Assembly as well as other governmental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.

The House substitute to SB 394 was as follows:

A BILL To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated,

1930

JOURNAL OF THE SENATE

relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local agencies; to change certain definitions; to require cer tain meetings to be open to the public; to provide for practices, procedures, and notices; to provide for exceptions; to provide for voting; to provide for minutes and records; to provide for enforcement; to provide for jurisdiction; to provide for actions and limitations thereon; to provide for attorney's fees and expenses of litigation; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by striking Chapter 14, relating to open meetings of public agencies, and inserting in lieu thereof a new Chapter 14 to read as follows:
"CHAPTER 14
50-14-1. (a) As used in this chapter, the term:
(1) 'Agency' means:
(A) Every state department, agency, board, bureau, commission, and authority;
(B) Every county, municipal corporation, school district, or other political subdivision of this state;
(C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state;
(D) Every city, county, regional, or other authority established pursuant to the laws of this state; and
(E) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 V4 percent of the funds from all sources of such organization; pro vided, however, this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made.
(2) 'Meeting' means the gathering of a quorum of the members of the governing body of an agency or of any committee of its members created by such governing body, whether standing or special, pursuant to schedule, call, or notice of or from such governing body or committee or an authorized member, at a designated time and place at which official busi ness or policy of the agency is to be discussed or at which official action is to be taken or, in the case of a committee, recommendations on official business or policy to the governing body are to be formulated or discussed. The assembling together of a quorum of the mem bers of a governing body or committee for the purpose of making inspections of physical facilities under the jurisdiction of such agency or for the purposes of meeting with the gov erning bodies, officers, agents, or employees of other agencies at places outside the geograph ical jurisdiction of an agency and at which no final official action is to be taken shall not be deemed a 'meeting'.
(b) Except as otherwise provided by law, all meetings as defined in subsection (a) of this Code section shall be open to the public. Any resolution, rule, regulation, ordinance, or other official action of an agency adopted, taken, or made at a meeting which is not open to the public as required by this chapter shall not be binding. Any action contesting a resolu tion, rule, regulation, ordinance, or other formal action of an agency based on an alleged violation of this provision must be commenced within 60 days of the date such contested action was taken, provided that any action under this chapter contesting a zoning decision of a local governing authority shall be commenced within the time allowed by law for appeal of such zoning decision.
(c) The public at all times shall be afforded access to meetings declared open to the

THURSDAY, MARCH 3, 1988

1931

public pursuant to subsection (b) of this Code section. Visual, sound, and visual and sound recording during open meetings shall be permitted.
(d) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted and maintained in a conspicuous place available to the public at the regular meeting place of the agency. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. Whenever any meeting required to be open to the public is to be held at a time or place other than at the time and place prescribed for regular meetings, the agency shall give due notice thereof. 'Due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of writ ten or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriffs sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said county at least equal to that of the legal organ. When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice as is reasonable under the circumstances including notice to said county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the notice shall be recorded in the minutes. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately make the information available upon inquiry to any member of the public. Any oral notice required or permitted by this subsec tion may be given by telephone.
(e) An agenda of the subjects acted on and those members present at a meeting of any agency shall be written and made available to the public for inspection within two business days of the adjournment of a meeting of any agency. The minutes of a meeting of any agency shall be promptly recorded and such records shall be open to public inspection once approved as official by the agency, but in no case later than immediately following the next regular meeting of the agency; provided, however, nothing contained in this chapter shall prohibit the earlier release of minutes, whether approved by the agency or not. Said minutes shall, as a minimum, include the names of the members present at the meeting, a descrip tion of each motion or other proposal made, and a record of all votes. In the case of a rollcall vote the name of each person voting for or against a proposal shall be recorded and in all other cases it shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining.
50-14-2. This chapter shall not be construed so as to repeal in any way:
(1) The attorney-client privilege recognized by state law to the extent that a meeting otherwise required to be open to the public under this chapter may be closed in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or em ployee may be directly involved; provided, however, the meeting may not be closed for ad vice or consultation on whether to close a meeting; and
(2) Those tax matters which are otherwise made confidential by state law.
50-14-3. This chapter shall not apply to the following:
(1) Staff meetings held for investigative purposes under duties or responsibilities im posed by law;
(2) The deliberations and voting of the State Board of Pardons and Paroles; and in addition said board may close a meeting held for the purpose of receiving information or evidence for or against clemency or in revocation proceedings if it determines that the re-

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ceipt of such information or evidence in open meeting would present a substantial risk of harm or injury to a witness;
(3) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state, including grand jury meetings;
(4) Meetings when any agency is discussing the future acquisition of real estate, except that such meetings shall be subject to the requirements of this chapter for the giving of the notice of such a meeting to the public and preparing the minutes of such a meeting; pro vided, however, the disclosure of such portions of the minutes as would identify real estate to be acquired may be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings with respect thereto initiated;
(5) Meetings of the governing authority of a public hospital, health care facility, or public regulatory agency, or of any committee of any of same, when conducting peer review or, in the case of a hospital or health care facility, considering the granting or restriction or revocation of hospital staff privileges or granting of abortions under state or federal law, or discussing information of a proprietary nature;
(6) Meetings when discussing or deliberating upon the appointment, employment, hir ing, disciplinary action or dismissal, or performance of one of its officers or employees but not when receiving evidence or hearing argument on charges filed to determine disciplinary action or dismissal of one of its officers or employees; and
(7) Adoptions and proceedings related thereto.
50-14-4. When any meeting of an agency is closed to the public pursuant to any provi sion of this chapter, the specific reasons for such closure shall be entered upon the official minutes, the meeting shall not be closed to the public except by a majority vote of a quorum present for the meeting, the minutes shall reflect the names of the members present and the names of those voting for closure, and that part of the minutes shall be made available to the public as any other minutes. Where a meeting of an agency is devoted in part to matters within the exceptions set forth in this chapter, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and the minutes of such portions not subject to any such exception shall be taken, recorded, and open to public inspection as provided in subsection (e) of Code Section 50-14-1.
50-14-5. (a) The superior courts of this state shall have jurisdiction to enforce compli ance with the provisions of this chapter, including the power to grant injunctions or other equitable relief.
(b) In any action brought to enforce the provisions of this chapter, if the court shall determine that the violation was willful and without substantial justification, the court shall award to the complaining party attorney's fees and expenses of litigation reasonably in curred in bringing the action. If the court shall determine that the action was completely without merit as to law or fact, then the court shall award to the agency attorney's fees and expenses of litigation reasonably incurred.
50-14-6. Any person knowingly and willfully conducting or participating in a meeting in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be pun ished by a fine not to exceed $500.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 394 as amended by the following amendment:
Amend the House substitute to SB 394 by adding after the second semicolon on line 11 of page 1 the following:
"to repeal Code Section 36-80-1 of the Official Code of Georgia Annotated, relating to requirements for meetings of certain governmental entities;".

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By striking on line 34 of page 3 the following: "60"
and inserting in place thereof the following: "90".
By striking all matter on lines 1 through 12 of page 8 and inserting in place thereof the following:
"(5) Meetings of the governing authority of a public hospital or any committee thereof when discussing the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law;".
By striking the words "of one of its officers or employees" on line 16 of page 8 and inserting in place thereof the following:
"of a public officer or employee".
By striking the words "of one of its officers or employees" on line 19 of page 8 and inserting in place thereof the following:
"of a public officer or employee".
By striking all of line 19 on page 9 and the first word of line 20 on page 19 and inserting in place thereof the following:
"that the action constituting the violation was completely without merit as to law or fact".
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. Code Section 36-80-1 of the Official Code of Georgia Annotated, relating to requirements for meetings of certain governmental entities, is repealed in its entirety; and the following is inserted in its place:
'36-80-1. Reserved.'"
Senators Coverdell of the 40th and Edge of the 28th moved that the House substitute to SB 394 be further amended by the following amendment:
Amend the House substitute to SB 394 by inserting after line 26 on page 2 the following:
"(F) The General Assembly"
and by inserting after line 7 on page 6 the following:
"(f) With respect to the General Assembly, the following provisions shall apply:
(1) No notice of sessions of the Senate or House of Representatives shall be required;
(2) Each house shall designate a place at which notices of committee, subcommittee, and conference committee meetings will be posted;
(3) Except during the last five legislative days of a session and except during any period of adjournment during the last five legislative days, notice of the date, time, and place of each committee, subcommittee, and conference committee meeting shall be posted and given in writing or orally to the legal organ of Fulton County at least 24 hours in advance of the meeting;
(4) Except on the last legislative day of a session, during the last five legislative days of a session and during any period of adjournment during the last five legislative days notice of the date, time, and place of each committee, subcommittee, and conference committee meeting shall be posted at least 12 hours in advance of the meeting; and
(5) During the last legislative day of a session notice of the time and place of each

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committee, subcommittee, and conference committee meeting shall be announced from the well of the house or houses affected at least ten minutes in advance of the meeting."

Senators Coleman of the 1st and Scott of the 2nd moved that the House substitute to SB 394 be further amended by the following amendment:

Amend the House substitute to SB 394 by adding at the end of line 15, page 3, the following:
"agency shall not mean chambers of commerce or convention bureaus."

On the adoption of the motion offered by Senator Dawkins of the 45th, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon
Broun *Bruyr*tonnt Coleman Coverdell
Crumbley Dawkins Deal Dean Edge English

Engram Fincher Foster Garner Gillis
Harris Harrison
2me ^ uHuggms Johnson Kennedy
Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th
Ragan of 32nd Scott of 2nd
Scott of 36th Shumake
btarr Stumbaugh
Tate Tavlor Timmons Turner Tysinger Walker

Those not voting were Senators:

Echols

Hudgins

Ray

On the adoption of the motion offered by Senator Dawkins of the 45th, the yeas were 53, nays 0, and the motion prevailed.

On the adoption of the motion offered by Senators Coverdell of the 40th and Edge of the 28th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon Burton Coverdell Crumbley

Echols Edge Foster Garner Harrison Howard Land

Newbill Perry Phillips Ragan of 32nd Stumbaugh Turner Tysinger

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1935

Those voting in the negative were Senators:

Allgood Barnes Bowen Broun Bryant Coleman Dawkins Deal Dean English Engram

Fincher Gillis Harris Hine Huggins Johnson Kennedy Kidd Langford McGill McKenzie

Olmstead Peevy Ragan of 10th Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Walker

Not voting were Senators Hudgins and Ray.

On the adoption of the motion offered by Senators Coverdell of the 40th and Edge of the 28th, the yeas were 21, nays 33; the motion was lost, and the House substitute to SB 394 was not further amended.

On the adoption of the motion offered by Senators Coleman of the 1st and Scott of the
2nd, Senator Taylor of the 12th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Bowen Brannon Bryant Burton Coleman Echols Edge

English Engram Gillis Harris Harrison Howard Huggins Kennedy McGill

Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Albert Barker Barnes Broun Coverdell Crumbley Dawkins Deal Dean

Fincher Foster Garner Hine Johnson Kidd Land Langford McKenzie

Newbill Olmstead Peevy Scott of 36th Shumake Starr Stumbaugh Tate Walker

Not voting were Senators Hudgins and Ray.

On the adoption of the motion offered by Senators Coleman of the 1st and Scott of the
2nd, the yeas were 27, nays 27; the motion was lost, and the House substitute to SB 394 was not further amended.

Senator Coleman of the 1st moved that the Senate reconsider its action in defeating the motion offered by Senators Coleman of the 1st and Scott of the 2nd to further amend the House substitute to SB 394.

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On the motion, the yeas were 24, nays 10; the motion prevailed, and the motion offered by Senators Coleman of the 1st and Scott of the 2nd was reconsidered.

On the adoption of the motion offered by Senators Coleman of the 1st and Scott of the 2nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon Bryant Coleman Crumbley Echols

Edge English Engram Gillis Harris Harrison Huggins Kennedy McGill

Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Albert Barnes Broun Burton Coverdell Dawkins Deal Dean Fincher

Foster Garner Hine Howard Johnson Kidd Land Langford McKenzie

Newbill Olmstead Peevy Scott of 36th Shumake Starr Stumbaugh Tate Walker

Not voting were Senators Hudgins and Ray.

On the adoption of the motion offered by Senators Coleman of the 1st and Scott of the 2nd, the yeas were 27, nays 27; the motion was lost, and the House substitute to SB 394 was not further amended.

The Senate agreed to the House substitute to SB 394 as amended by the Senate.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd and others:
A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsi bility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capac ity to appreciate the wrongfulness of the conduct.
Senate Sponsor: Senator Crumbley of the 17th.

The Senate Committee on Special Judiciary offered the following substitute to HB 878:

A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change certain provisions relating to proceedings

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upon a plea of insanity or mental incompetency; to provide for a definition; to prohibit the death penalty and provide for sentencing a defendant to imprisonment for life in certain cases where the defendant is found guilty but mentally ill or mentally retarded; to provide for applicability; to delete the provisions precluding a trial to determine the sanity of a person who has been convicted of a capital offense and establishing procedures for the Gov ernor to determine the sanity of a person convicted of a capital offense; to provide for defi nitions; to provide that certain person shall not be executed; to provide procedures for de termining mental competency to be executed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal proce dure, is amended by adding a new paragraph at the end of subsection (c) of Code Section 17-7-131, relating to proceedings upon a plea of insanity or mental incompetency, to be designated paragraph (3), to read as follows:
"(3) In the trial of any case which commences on or after the effective date of this paragraph in which the death penalty is sought, should the jury find in its verdict that the defendant is guilty of the crime charged and was mentally ill or mentally retarded at the time of the commission of the crime, the death penalty shall not be imposed and the court shall sentence the defendant to life in prison. As used in this paragraph, the term 'mentally retarded' means a state of significantly subaverage general intellectual functioning existing concurrently with defects of adaptive behavior which originate in the developmental period."
Section 2. Said title is further amended by striking Article 3 of Chapter 10, relating to disposition of mentally incompetent persons convicted of capital offenses, which reads as follows:
"ARTICLE 3
17-10-60. No person who has been convicted of a capital offense shall be entitled to any inquisition or trial to determine his sanity.
17-10-61. Upon satisfactory evidence being offered to the Governor, showing reasonable grounds to believe that a person convicted of a capital offense has become insane subse quent to his conviction, the Governor may, in his discretion, have the convicted person ex amined by such expert physicians as the Governor may choose, the cost of the examination to be paid by the Governor out of the contingent fund. It shall be the responsibility of the Governor to cause the physicians to receive written instructions which plainly set forth the legal definitions of insanity as recognized by the laws of this state. The physicians shall, after making the necessary examination of the convicted person, report in writing to the Governor whether or not reasonable grounds exist to raise an issue that the person is insane under the standards previously specified to them by the Governor. The Governor may, if he determines that the convicted person has become insane, have the power of committing him to the custody of the Department of Human Resources until his sanity has been restored or determined to be restored as provided by law.
17-10-62. When any person shall, after conviction of a capital crime, become insane, and shall be so declared in accordance with Code Section 17-10-61, the convicted person shall be received into the custody of the Department of Human Resources and safely kept and treated as other adjudged insane persons. All the provisions of the law relating to insane persons under sentence of imprisonment shall apply to the class of cases herein provided for, so far as applicable.
17-10-63. If a convicted person committed under Code Section 17-10-61 recovers his sanity, the fact shall be at once certified by the superintendent of the state hospital to the judge of the court in which the conviction occurred. Whenever it shall appear to the judge by the certificate of the superintendent, or by inquiry or otherwise, that the convicted per son has recovered, he shall have the person removed to the jail of the county in which the conviction occurred or to some other correctional institution and shall fix a new date of

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execution as provided in Code Section 17-10-40. He shall issue a new order directing the sheriff to execute the sentence at such date and place as may be named in the order. The judge shall cause the new order and other proceedings in the case to be entered on the minutes of the court.",
and inserting in lieu thereof a new Article 3 to read as follows:
"ARTICLE 3
17-10-60. As used in this article, the term 'mentally incompetent to be executed' means that because of a mental condition the person is presently unable to know why he or she is being punished and understand the nature of the punishment.
17-10-61. A person under sentence of death shall not be executed when it is determined under the provisions of this article that the person is mentally incompetent to be executed as denned in Code Section 17-10-60.
17-10-62. Notwithstanding any other provision of this Code, this article provides the exclusive procedure for challenging mental competency to be executed when such challenge is made subsequent to the time of conviction and sentence.
17-10-63. (a) An application brought under this article must be filed in the superior court of the county in which the applicant is being detained. The named respondent shall be the person having actual custody of the applicant.
(b) An application brought under this article shall identify the proceeding in which the applicant was convicted, give the date of the rendition and the final judgment complained of, set forth the fact that a time period for execution has been set, give the date of the signing of the order and the dates of the designated time period for execution, and shall clearly set forth alleged facts in support of the assertion that the applicant is presently mentally incompetent to be executed. The application shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The application shall identify any previous proceedings that the applicant may have taken challenging his mental competency to be executed or challenging his mental condition in relation to the conviction and sentence in question. Arguments and citations of authority shall be omitted from the application. The application must be verified with the oath of the applicant or of some other person in his behalf.
17-10-64. Service of an application brought under this article shall be made upon the person having custody of the applicant. If the applicant is being detained under the custody of the Department of Corrections, an additional copy of the application shall be served upon the Attorney General. If the applicant is being detained under the custody of some author ity other than the Department of Corrections, an additional copy of the petition shall be served upon the district attorney of the county in which the application is filed.
17-10-65. As soon as possible after the filing and docketing of the application under this article, the respondent shall answer the application. The court may schedule a case for a hearing prior to the filing of responsive pleadings but, in any event, shall schedule the case for a hearing as soon as possible so that the proceedings may move expeditiously.
17-10-66. (a) By filing an application under this article, the applicant specifically con sents to submit to a state examination for the purposes of assessing mental competency to be executed.
(b) Simultaneously with the filing of the application, the applicant, if he or she wishes the court to consider any request for appointment of an expert, shall file such a request and shall state specific facts in support of that request so that the court may determine if the applicant's mental competency to be executed is in fact a significant issue. The applicant shall further submit with the motion a specific statement as to the particular expert re quested, the nature of the examination to be conducted, the time period within which an examination can be conducted, and an estimate of the expenses to be incurred.
(c) If the applicant has filed a request for an examination as provided in subsection (b)

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of this Code section and the applicant makes a sufficient showing that his or her mental competency to be executed is a significant issue, the court shall appoint an expert to make an examination of the applicant, with such examination to be conducted as soon as possible. Payment for such expert shall be made by the Department of Corrections unless otherwise designated by the General Assembly.
17-10-67. An application under this article shall not be filed until completion of direct appeal and until an order has been signed by a judge of the trial court setting a time period for the execution.
17-10-68. (a) The court may receive proof by depositions, oral testimony, sworn affida vits, or other evidence.
(b) The taking of depositions shall be governed by Code Sections 9-11-26 through 9-1132 and 9-11-37.
(c) If a sworn affidavit is to be introduced into evidence by either party, the party intending to introduce such an affidavit shall cause it to be served upon the opposing party at least five days in advance of the date set for a hearing in the case or, in the event a hearing is set less than five days from the date of the filing of the application, as soon as possible so that opposing counsel has the opportunity to review the affidavit prior to the hearing. The affidavit so served shall be accompanied by notice of the party's intention to introduce it into evidence. The superior court judge considering the application may resolve disputed issues of fact upon the basis of sworn affidavits standing by themselves.
(d) After reviewing the pleadings and evidence offered at the hearing, the judge of the superior court hearing the case shall make written findings of fact and conclusions of law upon which the judgment is based. The findings of fact and conclusions of law shall be recorded as part of the record in the case.
(e) If the court finds in favor of the applicant by finding that the applicant has proven his or her mental incompetence to be executed by a preponderance of the evidence, the court shall enter an appropriate order with respect to any scheduled execution time period and shall enter such supplementary orders as necessary and proper. If the court denies the application, the court shall direct that immediate telephonic notification be given to the parties and any stay presently entered under this article shall be dissolved instanter.
17-10-69. If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to be executed, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a new hearing on the question of mental competency to be executed absent the applicant's making a prima-facie showing of a substantial change in circum stances sufficient to raise a significant question as to the applicant's mental competency to be executed at the time of filing of any subsequent applications.
17-10-70. (a) Appeals in cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the applicant no appeal shall be ordered unless the Supreme Court of this state issues a certificate of proba ble cause for the appeal.
(b) If an unsuccessful applicant desires to appeal, he or she must file a written applica tion for a certificate of probable cause to appeal with the clerk of the Supreme Court within three days of the entry of the order denying relief. The applicant shall also file within the same period a notice of appeal with the clerk of the concerned superior court. The Supreme Court shall either grant or deny the application within a reasonable time after filing. In order for the Supreme Court to consider fully the request for a certificate, the clerk of the concerned superior court shall forward, as in any other case, the record and transcript, if designated, to the clerk of the Supreme Court when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file a copy of the original record and a copy of the original transcript of proceedings. The clerk of the Supreme Court shall return the original record and transcript to the clerk of the concerned superior court upon completion of the appeal if the certificate is granted. If the

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Supreme Court denies the application for a certificate of probable cause, the clerk of the Supreme Court shall return the original record and transcript and shall notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal.
(c) If the trial court finds in favor of the applicant, no certificate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the respondent shall act as a supersedeas and shall stay the judgment of the superior court until there is a final adjudication by the Supreme Court.
17-10-71. If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or her mental competency, the fact shall be certified at once by the appropriate mental health official to the court initially mak ing the finding of mental incompetency. Upon such certification, that court shall enter an appropriate order noting receipt of certification and vacating any previously entered stay of execution. A copy of such order shall be sent to the sentencing court, at which time the sentencing court shall fix a new time period for execution as provided in Code Section 1710-40. The judge of the court which made the determination on the issue of mental compe tency shall cause the new order and other proceedings in the case to be presented on the minutes of the court."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Crumbley of the 17th, Dean of the 31st and Peevy of the 48th offered the following amendment:

Amend the substitute to HB 878 offered by the Senate Committee on Special Judiciary by striking from line 1 of page 2 the following:
"or mentally retarded", and by striking on line 4 of page 2 everything after the ".", and by striking lines 5, 6, 7, 8 and 9 of page 2, and by striking "or mentally retarded" on line 8 of page 1.

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell

Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner

Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land

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1941

Langford McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Taylor Tysinger Walker

Those not voting were Senators:

Broun Ray

Shumake Timmons

Turner

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:

SR 265. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that with respect to the transfer of any tangible real property on the National Regis ter of Historic Places, the fair market value of such property for tax purposes shall be determined at the time of transfer and such value shall remain the same until a subsequent transfer thereof; to provide a certain condition to such special valuation of property; to provide for the submission of this amendment for ratifi cation or rejection.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 651. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to possession of firearms by convicted felons and first offender probationers, so as to provide that the provisions of such Code section shall not apply to or prohibit any person who is on probation as a first offender for an offense against property or who has completed such probation from receiving, possessing, transporting, or otherwise using a rifle or shotgun solely for the pur pose of hunting.

The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are baila ble only before a judge of the superior court; to change the provisions relating to

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releasing persons on bail or their own recognizance when those persons have committed certain offenses.
The Speaker has appointed on the part of the House, Representatives Isakson of the 21st, Thomas of the 69th and Stephens of the 68th.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 1570. By Representative Crawford of the 5th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide for restricted driving permits; to provide conditions under which such per mits may be issued; to provide for revocation of such permits.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 588. By Senators Foster of the 50th, Barnes of the 33rd and Deal of the 49th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to change the provisions relating to the comprehensive evaluation of public schools and school systems; to change the provisions relating to the Quality Basic Education Pro gram task force; to provide for other matters relative to the foregoing.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 1243. By Representative Edwards of the 112th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic by allowing chiropractors to utilize nutrition.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 586. By Senator Peevy of the 48th: A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to provide that such provisions shall not apply to or affect off-duty peace officers.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 641. By Senators Newbill of the 56th, Barnes of the 33rd, Harrison of the 37th and others: A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and sub stance abuse services, so as to provide for legislative findings; to provide for a child and adolescent drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction.

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The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1001. By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation".
Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1001.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1001.
The following local bill of the House was taken up for the purpose of considering the House substitute to the Senate substitute thereto:
HB 1873. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to meetings of the board.
The House substitute to the Senate substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to change cer tain provisions relating to meetings of the board; to change certain provisions relating to the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. The board shall meet at least twice a month at 7:00 P.M. on the second and fourth Tuesday; provided, however, that if a meeting is scheduled on a holiday, such meet ing will be held on the Wednesday following such holiday. The board shall set the time for such meetings, and public notice shall be given of the time, place, and date of each such meeting. The board may hold special meetings at any time on the call of the chairman or on the call of the majority of the members of the board; provided, further, no such special or called meeting shall be held for any purpose unless notice thereof has been given in writing to all members of the board at least 48 hours prior to the time set for said meeting. Said notice may be waived by the members of the board, provided the waivers are in writing and signed by all members of the board and made a part of the record. Proceedings of any meetings not held in conformity and in compliance with the foregoing shall be null, void, and of no effect."
Section 2. Said Act is further amended by striking subsection (a) of Section 9 and in serting in its place a new subsection (a) to read as follows:
"(a) The chairman of the board of commissioners of Madison County shall receive an annual salary in an amount equal to the annual salary now or hereafter received by the sheriff of Madison County; provided, however, that the annual salary of the chairman in office on December 31, 1988, shall not be less than the annual salary received by such chair-

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man for the year 1988. The salary of the chairman shall be payable in equal monthly install ments from county funds. Other members of the board shall receive a salary of $3,000.00 per annum, payable in equal monthly installments from county funds. The vice-chairman of the board of commissioners shall receive an additional $600.00 per year payable in equal monthly installments from county funds."
Section 3. This Act shall become effective on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Johnson of the 47th moved that the Senate agree to the House substitute to the Senate substitute to HB 1873.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House substitute to the Senate substitute to HB 1873.

The following bills of the House and Senate were taken up for the purpose of consider ing the Conference Committee reports thereon:

HB 862. By Representative Colbert of the 23rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.

The Conference Committee report on HB 862 was as follows:

The Committee of Conference on HB 862 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 862 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Rooney L. Bowen Senator, 13th District
/s/ Sallie Newbill Senator, 56th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Luther S. Colbert Representative, 23rd District
/s/ Denny Dobbs Representative, 74th District
/s/ Bill Barnett Representative, 10th District

Conference Committee substitute to HB 862:

A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict for a certain period in counties having more than a certain population the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining county under certain circumstances; to provide certain exceptions; to restrict in all counties after a certain date the issuance of permits for solid waste disposal sites which will be lo cated within a certain distance of an adjoining county under certain circumstances; to pro vide for the issuance of permits with respect to the expansion of certain solid waste disposal sites; to provide certain exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

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1945

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," is amended by adding between Code Sec tions 12-8-28 and 12-8-29 a new Code Section 12-8-28.1 to read as follows:
"12-8-28.1. (a) (1) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, from the effective date of this Code section through April 1, 1990, no permit shall be issued for a solid waste disposal site in any county having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of such site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the gov erning authority of that adjoining county; provided, however, that the director may permit such a site if the requesting county provides evidence that no alternative sites or methods are available to that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending or made on or after the effective date of this Code section and to all permits issued prior to May 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
(2) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, after April 1, 1990, no permit shall be issued for a solid waste disposal site in any county if any part of such site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the gov erning authority of that adjoining county; provided, however, that the director may permit such a site if the requesting county provides evidence that no alternative sites or methods are available to that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending on or made after April 1, 1990, and to all permits issued prior to April 1, 1990, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
(b) (1) Except as otherwise provided in paragraph (2) of this subsection, the consent of an adjoining county as provided in subsection (a) of this Code section shall not be required when the expansion of an existing solid waste disposal site is granted by the director or when the ownership, direct or indirect, of an existing solid waste disposal site is transferred.
(2) With respect to the expansion of a solid waste disposal site for which a permit was initially granted after March 1, 1988, the consent of an adjoining county as provided in subsection (a) of this Code section shall be required if any part of such site as expanded will be within one-half mile of an adjoining county."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on HB 862.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins

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Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun

Garner

Ray

Phillips

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 862.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

The Conference Committee report on SB 570 was as follows:

The Committee of Conference on SB 570 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 570 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Sam P. McGill Senator, 24th District
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Bill English Senator, 21st District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Henry L. Reaves Representative, 147th District
/s/ Hanson Carter Representative, 146th District
/s/ Clinton Oliver Representative, 121st District

Conference Committee substitute to SB 570:

A BILL
To be entitled an Act to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provi sions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy; to provide definitions; to provide that certain agricultural facilities or agricultural operations shall not be nuisances under certain circum stances; to provide for exceptions; to declare certain ordinances to be void; to repeal con flicting laws; and for other purposes.

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1947

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, is amended by striking Code Section 41-1-7, relat ing to treatment of agricultural or farming operations as nuisances, which reads as follows:
"41-1-7. (a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agri cultural operations often become the subject of nuisance actions. As a result, agricultural operations are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements. It is the purpose of this Code section to reduce losses of the state's agricultural resources by limiting the circumstances under which agri cultural operations may be deemed to be a nuisance.
(b) No agricultural or farming operation, place, establishment, or facility, or any of its appurtenances or the operation thereof, shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural or farming operation, place, establishment, or facility if such agricultural or farming operation, place, establishment, or facility has been in operation for one year or more.",
and inserting in lieu thereof a new Code Section 41-1-7 to read as follows:
"41-1-7. (a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land and facilities for the production of food and other agricultural products. When nonagricultural land uses extend into agricul tural areas, agricultural operations often become the subject of nuisance actions. As a result, agricultural facilities are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements or adopting new technology or methods. It is the purpose of this Code section to reduce losses of the state's agricultural resources by limiting the circumstances under which agricultural facilities and operations may be deemed to be a nuisance.
(b) As used in this Code section, the term:
(1) 'Agricultural facility' includes, but is not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commer cial production or processing of crops, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, or products which are used in commercial aquaculture.
(2) 'Agricultural operation' means:
(A) The plowing, tilling, or preparation of soil at an agricultural facility;
(B) The planting, growing, fertilizing, or harvesting of crops;
(C) The application of pesticides, herbicides, or other chemicals, compounds, or sub stances to crops, weeds, or soil in connection with the production of crops, livestock, ani mals, or poultry;
(D) The breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for com mercial purposes;
(E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities;
(F) The production, processing, or packaging of eggs or egg products;
(G) The manufacturing of feed for poultry or livestock;
(H) The rotation of crops;
(I) Commercial aquaculture;

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(J) The application of existing, changed, or new technology, practices, processes, or pro cedures to any agricultural operation; and
(K) The operation of any roadside market.
(c) No agricultural facility or any agricultural operation at an agricultural facility shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural facility if the agricultural facility has been in operation for one year or more. The provisions of this subsection shall not apply when a nuisance results from the negligent, improper, or illegal operation of any agricultural facility.
(d) For purposes of this Code section, the established date of operation is the date on which an agricultural operation commenced operation. If the physical facilities of the agri cultural operation are subsequently expanded or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricul tural operation of a previously established date of operation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator McGill of the 24th moved that the Senate adopt the Conference Committee report on SB 570.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bwe rannon ryfnt BrCCoou,vlreteomrndaenll Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gmis
Harris Harrison Hine THHTouwdgam.rd,s Huggins Johnson Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry
Ragan of 10th Ragan of 32nd Scott of 2nd OSS_ intuummb,aaki uegh, Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun Garner Kennedy (presiding)

Phillips Ray

Scott of 36th Starr

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 570.

THURSDAY, MARCH 3, 1988

1949

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1988.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 216.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 216.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1310. By Representatives Walker of the 85th, Redding of the 50th, Thomas of the 31st and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations.
Senate Sponsor: Senator Walker of the 43rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Bchols

Edge English Engram Foster Gillis Harris Hine Huggins Johnson Kidd Land Langford McGill McKenzie Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun Fincher Garner

Harrison Howard Hudgins Kennedy (presiding)

Newbill Ray Stumbaugh

On the passage of the bill, the yeas were 45, nays 0.

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The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.
Senator Hine of the 52nd moved that the Senate insist upon the Senate substitute to HB 1348.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1348.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1781. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transpor tation to contract, so as to provide that persons, firms, or corporations submit ting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations.
Senate Sponsor: Senator Coleman of the 1st.
The Senate Committee on Transportation offered the following substitute to HB 1781:
A BILL
To be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transporta tion to contract, so as to provide that persons, firms, or corporations submitting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations; to provide that submission of a bid shall be prima-facie evidence of such examination; to provide that the department does not guarantee any sub surface conditions; to provide that the department shall not provide additional compensa tion for certain contract site conditions; to provide for exceptions; to provide for procedures; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transportation to contract, is amended by striking Code Section 32-2-60, relating to the general authority of the Depart ment of Transportation to contract, and inserting in lieu thereof a new Code Section 32-2-60 to read as follows:
"32-2-60. (a) The department shall have the authority to contract as set forth in this article and in Code Section 32-2-2. All department construction contracts shall be in writ ing. Any contract entered into by the department for the construction of a public road shall include, as a cost of the project, provisions for sowing vegetation, if appropriate, on all banks, fills, cuts, ditches, and other places where soil erosion is likely to result from the necessary incidents to road work along the right of way of the road project.

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1951

(b) Persons, firms, or corporations submitting bids on department construction con tracts are required to examine the site of the proposed work and determine for themselves the anticipated subsurface and latent physical conditions at the site prior to submitting a bid on the project. The submission of a bid shall be prima-facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work. The department does not in any way guarantee the amount or nature of subsur face materials which may be encountered and which must be excavated, graded, or driven through in performing the work on the project. The contractor shall not plead deception or misunderstanding because of variations from quantities of work to be performed or materi als to be furnished as shown on the plans or minor variations from the locations or character of the work. Payment will be made only for actual quantities of work performed in accor dance with the plans and specifications. The department shall not provide compensation above the amount bid on such project solely due to the encountering of subsurface or latent physical conditions at the site which are different from those anticipated by the bidder.
(c) (1) Notwithstanding the provisions of subsection (b) of this Code section, the de partment reserves the right to make, at any time during the progress of work, such increases or decreases in quantities and such alterations in the details of construction as necessary or desirable to satisfactorily complete the work. Such increases or decreases shall not invali date the contract nor release the surety and the contractor agrees to perform the work as altered.
(2) Whenever an alteration materially increases or decreases the scope of the work spec ified in the contract, a supplemental agreement acceptable to both parties shall be made. In the absence of a supplemental agreement acceptable to both parties the department may direct that the work be done either by force account or at existing contract prices. Any force account agreement shall be in writing, specifying the terms of payment signed by the state highway engineer, and agreed to in writing by the contractor.
(3) Changes made by the engineer will not be considered to waive any of the provisions of the contract, nor may the contractor make any claim for loss of anticipated profits be cause of the changes, or by reason of any variation between the approximate quantities and the quantities of work as done.
(d) The provisions of subsections (b) and (c) of this Code section shall be applicable only to federal-aid highway contracts."
Section 2. The provisions of this Act shall not be applicable to or affect existing con tracts in effect on the effective date of this Act.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Barnes of the 33rd, Harris of the 27th, Deal of the 49th, Peevy of the 48th and Crumbley of the 17th offered the following amendment:
Amend the substitute to HB 1781 offered by the Senate Committee on Transportation by adding a new Section 4 to read as follows:
"No provision of this Act shall prohibit any court of law or equity from reforming a contract or awarding damages based upon a mutual mistake of fact or fraud in the inception of a contract or its performance.",
and by renumbering old Section 4
"Section 5.".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Hine Howard Huggins Kidd Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Land.

Those not voting were Senators:

Bowen Broun Dawkins Fincher

Harrison Hudgins Johnson Kennedy (presiding)

Ray Shumake Tate

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 1570. By Representative Crawford of the 5th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide for restricted driving permits; to provide conditions under which such per mits may be issued; to provide for revocation of such permits.

The House amendment was as follows:

Amend the Senate substitute to HB 1570 by adding on line 8 of page 1 after the following:
"permits;",
the following:
"to provide that certain provisions relating to excess coverage in motor vehicle insur ance policies shall be void;"

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1953

By striking line 32 and line 33 of page 3 and line 1 through line 6 of page 4 and in serting in lieu thereof the following:
"Section 2. Said chapter is further amended by striking subsection (e) of Code Section 33-34-3, relating to no-fault insurance policies, generally, and inserting in lieu thereof a new subsection (e) to read as follows:
'(e) Each policy of liability insurance issued in this state providing coverage to motor vehicles owned by a person, firm, or corporation engaged in the business of selling at retail new and used motor vehicles shall provide that, when an accident involves the operation of a motor vehicle by a person who is neither the owner of the vehicle involved in the accident nor an employee of the owner and the operator of the motor vehicle is an insured under a complying policy other than the complying policy insuring the motor vehicle involved in the accident, primary coverage as to all coverages provided in the policy under which the opera tor is an insured shall be afforded by the policy insuring the said operator and any policy under which the owner is an insured shall afford excess coverages. If the policy under which the owner is an insured and which affords excess coverage contains a provision which elimi nates such excess coverage based on the existence of coverage provided in the operator's policy, such provision of the owner's policy shall be void.'"

Senator Perry of the 7th moved that the Senate agree to the House amendment to the Senate substitute to HB 1570.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English

Engram Foster Gillis Harris Harrison Hine Howard Huggins Johnson Kidd Land McGill McKenzie Newbill Olmstead

Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon

Dawkins

Peevy

Those not voting were Senators:

Bowen Broun Fincher

Garner Hudgins Kennedy (presiding)

Langford Ray Shumake

On the motion, the yeas were 44, nays 3; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1570.

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The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1660. By Representatives Porter of the 119th, Jackson of the 9th, Lawson of the 9th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law.
Senate Sponsor: Senator McKenzie of the 14th.
The Senate Committee on Judiciary offered the following substitute to HB 1660:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law; to provide for an exception; to provide for a definition; to provide for evidentiary facts and the use thereof; to provide that, notwithstanding other laws, a motion to change or modify the judgment and sentence may be made and accepted according to Code Section 40-13-32 either before or after expiration of the term at which judgment and sentence were pronounced; to state legislative intent; to provide for showing that certain persons are qualified to draw blood; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (1) of Code Section 40-1-1, relating to motor vehicle and traffic definitions, and inserting in lieu thereof new paragraphs to read as follows:
"(1) 'Alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(1.1) 'Alley' means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic."
Section 2. Said title is further amended by striking subsections (a) and (b) of Code Section 40-6-391, relating to driving under the influence of drugs or alcohol, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive; or
(4) The persons's alcohol concentration is 0.12 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended.
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating

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1955

this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use."
Section 3. Said title is further amended by striking subsections (a) and (b) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, evi dence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substance shall be admissible. Where such a chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to meth ods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the request of a law enforcement officer under Code Section 40-5-55, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the pur pose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified technician, chemist, regis tered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and
(4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section.
(b) Upon the trial of any civil or criminal action or proceeding arising out of acts al leged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.10 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsec tion (a) of Code Section 40-6-391, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohib ited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(3) If there was at that time an alcohol concentration of 0.10 grams or more, it shall be

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presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(4) If there was at that time or within three hours after driving or being in actual physi cal control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.12 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 40-6-391."
Section 4. Said title is further amended by adding at the end of Code Section 40-13-32, relating to restrictions on the ability of courts to change or modify traffic sentences or judg ments, a new subsection (f) to read as follows:
"(f) Notwithstanding other laws and specifically notwithstanding Code Section 17-7-93, a motion to change or modify a traffic law sentence or judgment may, at any time prior to the expiration of the term of court following the term at which judgment and sentence were pronounced or within 90 days of the time judgment and sentence were pronounced, which ever time period is greater, be made by the defendant and accepted by the court as provided in this Code section."
Section 5. Said title is further amended by adding at the end of Code Section 40-6-392, relating to chemical tests for alcohol or drugs, a new subsection to read as follows:
"(d) A certification by the office of the Secretary of State or by the Department of Human Resources that a person was a licensed or certified physician, physician's assistant, registered nurse, practical nurse, medical technologist, medical laboratory technician, or phlebotomist at the time the blood was drawn shall be admissible into evidence for the purpose of establishing that such person was qualified to draw blood as required by this Code section."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Burton of the 5th offered the following amendment:
Amend the substitute to HB 1660 offered by the Senate Committee on Judiciary by striking from line 3 of page 1 the following:
"provide",
and inserting in its place the following:
"provide that a habitual violator may be issued a probationary driver's license to attend meetings of organizations for persons who have addiction or abuse problems related to alco hol or other drugs; to provide".
By inserting immediately following line 28 of page 1 the following:
"Section 1A. Said title is further amended by striking subparagraph (e)(l)(E) of Code Section 40-5-58, relating to probationary licenses for habitual violators, and inserting in its place a new subparagraph (e)(l)(E) to read as follows:
'(E) Refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which orga nizations are recognized by the commissioner'."

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1957

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Gillis Harris Harrison Hine Howard Huggins Johnson Land Langford McGill

McKenzie Newbill Peevy Perry Phillips Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Kidd and Olmstead.

Those not voting were Senators:

Baldwin Broun Coleman Fincher

Garner Hudgins Kennedy (presiding) Ragan of 10th

Ray Shumake Starr Tate

On the passage of the bill, the yeas were 42, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 575. By Senator Langford of the 35th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions.

Senator Langford of the 35th moved that the Senate adhere to its disagreement to the House substitute to SB 575 and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 575.

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JOURNAL OF THE SENATE

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Dawkins of the 45th, Langford of the 35th and Scott of the 2nd.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1678. By Representative McKinney of the 35th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to authorize the Department of Transporta tion, any county, and any municipality to lease property to any state or federal agency, county, or municipality without meeting certain requirements.
Senate Sponsor: Senator Scott of the 36th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Foster Gillis Harrison
Mine Muggins Johnson Kidd Land Langford McGill
McKenzie
Newbill Olmstead

Peevy Perry Phillips Ragan of loth Ragan of 32nd
Scott of 2nd gcott Qf 36th 0, , , Stumbaugh Iate Taylor Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Broun Coleman English Fincher

Garner Harris Howard Hudgins

Kennedy (presiding) Ray Shumake Starr

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1554. By Representatives Smyre of the 92nd, Dover of the llth, Kilgore of the 42nd, Benn of the 38th, Lawson of the 9th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, so as to change the length of

THURSDAY, MARCH 3, 1988

1959

time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
Senate Sponsor: Senator Barnes of the 33rd.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 22, 1988

SUBJECT: Fiscal Note--House Bill 1554 (Substitute) (LC 18 2627S) Hotel-Motel Excise Tax

This Bill would allow counties having a population of more than 550,000 (Fulton County) and municipalities with a population greater than 400,000 (Atlanta) to levy a spe cial six percent excise tax on charges for public accommodations after the currently allowed three year period. Current law requires that an amount equal to at least 60% of the total taxes collected is spent for promoting tourism, conventions and trade shows or supporting a state or local facility used for convention and trade show purposes. Currently, qualified counties and municipalities may only levy this special excise tax at six percent instead of the normal three percent rate for one continuous three year period.

Additional taxes collected after the expired three year period would not be used for the purposes originally identified but could only be used to fund the construction of a domed stadium facility funded in part by a grant of state funds. These taxes would terminate by December 31, 2017 or upon final payment of a county's or municipality's share of the sta dium funding. If construction of the stadium has not begun by the end of the original three year period, then these provisions could not be used to provide funding for construction of the stadium. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.

This Bill would have no fiscal impact on state revenues. The fiscal impact is expected currently to apply to Atlanta and Fulton County when the original three year period of the tax expires. However, DeKalb County could qualify in the next census. Based upon Fiscal Year 1987 public accommodations tax collections for Atlanta and Fulton County, the addi tional three percent collections for the special excise tax would represent additional collec tions over the normal three percent rate of $6,165,345 and $668,042 respectively.

/a/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Banking and Finance offered the following amendment:

Amend HB 1554 by striking from line 25 of page 1 the following: "commencing July 1, 1987,".

Senators Langford of the 35th and Coverdell of the 40th offered the following amendment:

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Amend HB 1554 by inserting between "tax;" and "to" on line 8 of page 1 the following: "to provide for certain limitations on the authority of certain counties or municipalities to expend certain tax funds;". By striking from line 5 of page 3 the following: "funds.", and inserting in its place the following: "funds; provided, however, that notwithstanding any other provision of this paragraph to the contrary, no county or municipality levying a tax pursuant to this paragraph shall be authorized to expend any tax funds collected from the levy of such tax for the purpose of funding the construction of a domed stadium facility which is funded in whole or in part by any local ad valorem tax or sales tax levied by such county or municipality." By striking from line 18 of page 3 the following: "period,", and inserting in its place the following: "period or if the expenditure of tax funds collected pursuant to this paragraph for such domed stadium facility is otherwise prohibited by this paragraph,".
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that the amendment offered by Senators Langford of the 35th and Coverdell of the 40th was not germane to HB 1554.
Senator Coverdell of the 40th offered the following amendment:
Amend HB 1554 by deleting on line 1, page 3, the words "at least" and inserting in lieu thereof the words "an amount not to exceed".
Senator Coverdell of the 40th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Coverdell of the 40th was withdrawn.
Senator Olmstead of the 26th offered the following amendment:
Amend HB 1554 by adding in the title on line 8 of page 1, following the semicolon and preceding the words "to provide", the following:
"to define a certain term;". By striking the quotation marks from the end of line 24 of page 3 and adding at the end of line 24 the following: "As used in this paragraph, the term 'domed stadium facility' means a fully enclosed, climate controlled, multipurpose sports exhibition hall in which public participation in fi nancing shall be limited to 30 percent of any and all debts incurred in construction and operation of such property.' "
Senator Olmstead of the 26th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Olmstead of the 26th was withdrawn.
Senator Olmstead of the 26th offered the following amendment:
Amend HB 1554 by adding in the title on line 8 of page 1, following the semicolon and preceding the words "to provide", the following:
"to define a certain term;".

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1961

By striking the quotation marks from the end of line 24 of page 3 and adding at the end of line 24 the following:
"As used in this paragraph, the term 'domed stadium facility' means a fully enclosed, climate controlled, multipurpose sports exhibition hall in which public participation in fi nancing shall not exceed 30 percent of any and all debts incurred in construction and opera tion of such property.' "

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that the amendment offered by Senator Olmstead of the 26th was not germane to HB 1554.

Senators Crumbley of the 17th, Barker of the 18th and Howard of the 42nd offered the following amendment:

Amend HB 1554 by adding between lines 24 and 25 of page 3 the following:
"A domed stadium shall not be constructed with funds appropriated by the General Assembly without prior approval of the General Assembly. Any funds appropriated for the project in the Supplemental Budget, 1988, shall be used for the purchase of land only."

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that the amendment offered by Senators Crumbley of the 17th, Barker of the 18th and Howard of the 42nd was not germane to HB 1554.

Senator Barnes of the 33rd moved that the previous question be ordered.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the previous ques tion was ordered.

On the adoption of the amendment offered by the Senate Committee on Banking and Finance, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Langford McGill McKenzie Newbill

Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon

Kidd

Land

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Olmstead

Peevy

Those not voting were Senators:

Broun English

Fincher Hine

Kennedy (presiding) Ray

On the passage of the bill, the yeas were 45, nays 5.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 265. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that with respect to the transfer of any tangible real property on the National Regis ter of Historic Places, the fair market value of such property for tax purposes shall be determined at the time of transfer and such value shall remain the same until a subsequent transfer thereof; to provide a certain condition to such special valuation of property; to provide for the submission of this amendment for ratifi cation or rejection.

The House substitute to SR 265 was as follows:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law; to authorize the General Assembly to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage preservation of historic properties and to assist in the revitalization of historic areas; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by strik ing subparagraph (a) in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (c) and (d), all taxation shall be uni form upon the same class of subjects within the territorial limits of the authority levying the tax."
Section 2. Said Article VII, Section I, Paragraph III is further amended by striking subparagraph (d) in its entirety and inserting in lieu thereof new subparagraphs (d) and (e) to read as follows:
"(d) The General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas.
(e) The General Assembly may provide for a different method and time of returns,

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1963

assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c) or (d)."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register and to authorize the General Assembly to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage pres ervation of historic properties and assist in the revitalization of historic ar eas?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

March 2, 1988

SUBJECT: Fiscal Note--Senate Resolution 265 (Substitute) (LC 4 5192S) Ad Valorem Property Tax--Historic Places

This Resolution would provide for an amendment to the Constitution that would allow real property listed in the National Register of Historic Places (or in a state register author ized by general law) to be valued for ad valorem property tax purposes at the fair market value of the property prior to any substantial rehabilitation of the property. The Resolution would also allow the General Assembly to limit (by law) increases in such valuations for up to seven years. To become effective, this proposed amendment to the Constitution would need to be ratified at the general election of 1988.

The reduction in property tax revenue resulting from this Resolution could not be de termined since the qualifying projects (that would substantially rehabilitate historic places) could not be predicted and the limited increases in property valuations that would be al lowed by the General Assembly have not yet been established by law. This fiscal impact would primarily affect local governments since the state only receives Vi of one mill of the assessed valuation of property in the state. The Department of Revenue has indicated that there would be some administrative cost associated with this amendment but that the amount has not been determined at this time.

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/a/ G. W. Hogan State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SR 265.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

Engram Foster Gillis Harris Harrison Howard Huggins Johnson Kidd Land Langford McGill Newbill Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Broun Dawkins English

Fincher Garner Hine Hudgins

Kennedy (presiding) McKenzie Ray

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 265.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.

The House substitute to SB 573 was as follows:

A BILL
To be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relat ing to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31; to provide in appeals from final decisions of the Department of Human Resources for the right to jury and de novo trials before a superior court; to provide for a supercedeas of the decision of the Department of Human Resources pending appeal; to provide for all related matters; to provide for excep tions; to clarify an age requirement; to change certain recertification requirements; to pro-

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1965

vide that in certain counties the rules of the Department of Human Resources shall not require more than one emergency medical technician in an ambulance transporting a pa tient; to provide that portions of such rules shall affect ambulance drivers; to provide for rules on training of drivers; to provide for all matters relative to the foregoing; to amend Code Section 45-9-81, relating to definitions concerning indemnification of law enforcement and other officers, so as to substitute the term "paramedic" for "advanced emergency medi cal technician"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-2, relating to defini tions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows:
"31-11-2. As used in this chapter, the term:
(1) 'Ambulance' means a motor vehicle that is specially constructed and equipped and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this chapter.
(2) 'Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance.
(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources.
(4) 'Ambulance service' means the providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or inca pacitated human being to or from a place where medical or hospital care is furnished.
(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners.
(6) 'Composite board' means the Composite State Board of Medical Examiners.
(7) 'Emergency medical services system' means a system which provides for the ar rangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions, oc curring either as a result of the patient's condition or as a result of natural disasters or similar situations, and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system.
(8) 'Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordi nate the personnel, facilities, and equipment of an emergency medical services system and which:
(A) Utilizes emergency medical telephonic screening;
(B) Utilizes a publicized emergency telephone number; and
(C) Has direct communication connections and interconnections with the personnel, fa cilities, and equipment of an emergency medical services system.
(9) 'Emergency medical technician' means a person who has been certified by the de partment after having successfully completed an emergency medical care training program approved by the department.

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(10) 'First responded means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service.
(11) 'Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15.
(12) 'Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.
(13) 'License' when issued to an ambulance service signifies that its facilities and opera tions comply with this chapter and the rules and regulations issued by the department hereunder.
(14) 'License officer' means the commissioner of human resources or his designee.
(15) 'Local coordinating entity' means the public or nonprofit private entity designated by the Board of Human Resources or its designee to administer and coordinate the EMSC Program in a health district established in accord with Code Section 31-3-15.
(16) 'Paramedic' means any person who has been certified as an advanced emergency medical technician by the composite board before July 1, 1988, or any person who has been certified by that board on or after July 1, 1988, as having been trained in emergency care techniques in a paramedic training course approved by the department, but all such persons shall be designated on and after July 1, 1988, as paramedics.
(17) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapaci tated or helpless.
(18) 'Person' means any individual, firm, partnership, association, corporation, com pany, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.
(19) 'Provisional license' when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regula tions issued by the department under this chapter."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 31-11-5, relating to rules and regulations governing ambulance services, and inserting in its place a new subsection to read as follows:
"(a) The department is authorized to adopt and promulgate rules and regulations for the protection of the public health:
(1) Prescribing reasonable health, sanitation, and safety standards for transporting pa tients in ambulances;
(2) Prescribing reasonable conditions under which ambulance attendants or drivers are required, provided that, in any county having a population of 50,000 persons or less accord ing to the United States decennial census of 1980 or any future such census, no more than one emergency medical technician shall be required in an ambulance transporting a patient;
(3) Establishing criteria for the training of ambulance attendants or drivers and pre scribing further, that ambulance attendants prior to employment as such must have com pleted the American Red Cross advanced first-aid course and an approved cardiopulmonary resuscitation course or other courses deemed equivalent by the department. Within nine months of initial employment an attendant must complete an approved emergency medical technician course with required tests and be certified as an emergency medical technician in this state; and
(4) The emergency medical technician course is to be offered at area hospitals and area technical vocational schools in conjunction with their emergency patient care and personnel training programs."
Section 3. Said chapter is further amended by striking in its entirety Code Section 31-

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1967

11-36, relating to suspensions or revocations of licenses, and inserting in its place a new Code Section 31-11-36 to read as follows:
"31-11-36. (a) Any license issued under this article may be suspended or revoked for a failure of a licensee to comply and to maintain compliance with this article or rules and regulations issued under this article, but only after opportunity for a hearing as provided in Article 1 of Chapter 5 of this title.
(b) Any person who has exhausted all administrative remedies available within the de partment and who is substantially aggrieved by a final order or final action of the license officer is entitled to judicial review in the manner provided by Article 1 of Chapter 5 of this title and, notwithstanding Code Section 31-5-3, shall be entitled to an appeal to superior court as provided in subsection (c) of this Code section.
(c) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regula tion, or decision appealed from, and the reason it is claimed to be erroneous. The enforce ment of the order or action appealed from shall be automatically stayed upon the filing of such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health and safety will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in the manner prescribed by law for the service of process, unless such service of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from."
Section 4. Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-52 to read as follows:
"31-11-52. (a) The composite board shall establish procedures and standards for certify ing and recertifying paramedics and cardiac technicians. An applicant for initial certification as a paramedic or a cardiac technician must:
(1) Submit a completed application on a form to be prescribed by the composite board, which shall include evidence that the applicant is 18 years of age or older and is of good moral character;
(2) Submit from the department a notarized statement that the applicant has com pleted a training course approved by the department;
(3) Submit to the composite board a fee as set forth in the regulations of the composite board; and
(4) Meet such other requirements as are set forth in the rules and regulations of the composite board.
(b) The department shall also adopt procedures and standards for its approval of paramedic training courses and cardiac technician training courses. The department shall adopt such regulations after consultation with the composite board and other appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consis tent with the purposes and provisions of this chapter."
Section 5. Said chapter is further amended by striking Code Section 31-11-54, relating

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to additional services which may be rendered, and inserting in its place a new Code Section 31-11-54 to read as follows:
"31-11-54. (a) Upon certification by the composite board, paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsec tion (a) of Code Section 31-11-55, paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to:
(1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glu cose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others;
(2) Cardioversion; and
(3) Gastric suction by intubation.
(b) While in training preparatory to becoming certified, paramedic trainees may per form any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."
Section 6. Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates of advanced emergency medical technicians and cardiac techni cians, in its entirety and inserting in lieu thereof a new Code Section 31-11-57 to read as follows:
"31-11-57. Certificates issued to paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the composite board in accordance with estab lished rules and regulations, after notice to the certificate holder of the charges and an op portunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The composite board shall have the authority to conduct investigations and subpoena any documents relating to the fitness of paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the composite board."
Section 7. Said chapter is further amended by striking Code Section 31-11-58, relating to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows:
"31-11-58. (a) Standards adopted by regulation of the composite board or the depart ment for the periodic recertification of emergency medical technicians, paramedics, and car diac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued compe tency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this subsection other than those authorized by the other subsec tions of this Code section.
(b) In order to ensure the continued competency of emergency medical technicians, car diac technicians, and paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education require ments of subsection (d) of this Code section.
(c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate author ized that person to render.
(d) The continuing education requirements shall be met by annually completing onefifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for paramedics. These five-year continuing education requirements shall be divided into five

THURSDAY, MARCH 3, 1988

1969

different and discrete segments or modules of equal length. Any one module may be com pleted each year to meet the annual continuing education requirements, but all five modules shall be completed during a five-year period. This program of continuing education shall be approved by the department. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or authorized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both.
(e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to the department or the composite board which certified him under this chapter satisfactory evi dence that he has met the active practice requirements, continuing education requirements, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recer tification course, the person teaching the course, the examinations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing educa tion requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter.
(f) Any person who teaches for at least 80 hours per calendar year any emergency medi cal technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses shall not be required for that year to meet either the active practice or continuing education requirements provided for in this Code section in order to maintain such person's certificate as an emergency medical technician.
(g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regard ing the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section."
Section 8. Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its en tirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows:
"31-11-59. Emergency medical technicians, paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-1154, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac tech nicians, and paramedics in any area in which they are already authorized to render such services."
Section 9. Said chapter is further amended by striking Code Section 31-11-60, relating to obtainment and administration of drugs by certified employees of counties and munici palities, in its entirety and inserting in lieu thereof a new Code Section 31-11-60 to read as follows:
"31-11-60. (a) Any emergency medical technician, paramedic, or cardiac technician who is certified under this article and who works for a county or municipal police department, fire department, or rescue unit is authorized to obtain any substance which such person is authorized to administer by virtue of his certification. Any such unit to which the emer gency medical technician, paramedic, or cardiac technician is attached must be licensed by

1970

JOURNAL OF THE SENATE

the department as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by paramedics, emer gency medical technicians, or cardiac technicians. The first responder unit shall have a signed agreement with the hospital in order for the hospital to furnish such drugs, and a copy of this agreement must be filed with the Georgia Drugs and Narcotics Agency. The requirements for administering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital.
(b) Any substance obtained under subsection (a) of this Code section shall be used only in connection with the emergency medical technician's, paramedic's, or cardiac technician's employment with the county or municipality, as such, and only while on duty as an emer gency medical technician, paramedic, or cardiac technician.
(c) It shall not be necessary for an emergency medical technician, paramedic, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a) of this Code section."
Section 10. Said chapter is further amended by striking Code Section 31-11-61, relating to penalties, in its entirety, and inserting in lieu thereof a new Code Section 31-11-61 to read as follows:
"31-11-61. Any person who shall falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified paramedic or who shall accept or continue in employment as such and perform the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor."
Section 11. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions concerning indemnification of law enforcement and other officers, is amended by striking subparagraph (A) of paragraph (2) thereof and inserting in its place a new subparagraph to read as follows:
"(A) Are certified as emergency medical technicians, paramedics, or cardiac technicians under Chapter 11 of Title 31; and".
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th moved that the Senate agree to the House substitute to SB 573.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin
Barker CCooa.vlrenemerdsaenll Crumbley Dean Edge

English Engram
Garner G,H,iallrinsson Kidd Land Langford

McGill Olmstead
Ragan of 32nd SSc.^ctaortrt of 36th Stumbaugh Tysinger Walker

Those voting in the negative were Senators:

Albert Bowen Brannon Burton Dawkins Deal

Echols Foster Harris Hine Huggins Johnson

McKenzie Newbill Peevy Perry Phillips Ragan of 10th

THURSDAY, MARCH 3, 1988

1971

Shumake Tate

Taylor Timmons

Turner

Those not voting were Senators:

Broun Bryant Fincher

Howard Hudgins Kennedy (presiding)

Ray Scott of 2nd

On the motion, the yeas were 25, nays 23; the motion lost.

Senator Garner of the 30th moved that the Senate disagree to the House substitute to SB 573.

On the motion, the yeas were 28, nays 3; the motion prevailed, and the Senate disagreed to the House substitute to SB 573.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in substituting the following bill of the Senate:

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candi date or campaign committee or for recall of a public officer; to change the provi sions relating to the campaign committee treasurer.

The House has agreed to the Senate amendment, to the House substitute, to the follow ing bill of the Senate:

SB 394. By Senators Dawkins of the 45th, Kidd of the 25th, Foster of the 50th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local governmental bodies; to provide for applica bility to the General Assembly as well as other governmental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1576. By Representative Workman of the 51st:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to exempt pressure vessels used for storage of liquid propane gas, 2,000 gallons and below under the jurisdiction of NFPA 58, and which are inspected on a regular basis by the state fire marshal or a local fire marshal.
Senate Sponsor: Senator Baldwin of the 29th.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Harrison Hine Howard Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun Coverdell

Fincher Hudgins Kennedy (presiding)

Ray Shumake

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 1549. By Representatives Jackson of the 83rd, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Harris of the 84th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for dental students; to except acts of willful or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected.
Senator Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Judiciary offered the following substitute to HB 1549:

A BILL
To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for dental students; to provide certain tort immunity for nursing and advanced nursing students; to change provisions granting certain tort immunity for medical students; to ex cept acts of willful or wanton misconduct or gross negligence; to provide that the liability of a medical facility, academic institution, registered professional nurse, or dentist is not af fected; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 3, 1988

1973

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, is amended by adding at the end thereof new Code Sec tions 51-1-40 and 51-1-41 to read as follows:
"51-1-40. (a) No student who participates in the provision of dental care or dental treatment under the direct supervision of a licensed dentist, as a part of an academic curric ulum leading to the award of a dental degree, shall be liable for any civil damages as a result of any act or omission in such participation, except for willful or wanton misconduct or gross negligence.
(b) Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or dentist.
51-1-41. (a) No student who participates in the provision of nursing or advanced nurs ing care under the direct supervision of a registered professional nurse, as a part of an aca demic curriculum leading to the award of a nursing or advanced nursing degree, shall be liable for any civil damages as a result of any act or omission in such participation, except for willful or wanton misconduct or gross negligence.
(b) Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, registered professional nurse, or doctor of medicine."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 51-1-38, relating to tort immunity for medical students, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No student who participates in the provision of medical care or medical treatment under the direct supervision of a doctor of medicine, as a part of an academic curriculum leading to the award of a medical degree, shall be liable for any civil damages as a result of any act or omission in such participation, except for willful or wanton misconduct or gross negligence."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 1549 offered by the Senate Committee on Judiciary by adding a new section to be numbered Section 3, and renumbering "Section 3" on page 2, line 25, as "Section 4":
"Section 3. The exemptions provided for in Sections 1 and 2 of this Act shall not apply to any student who is covered by any liability insurance up to the limits of such coverage for the occurrence involved.",
and by adding on page 1, line 10, after "affected;" the following:
"to provide for exceptions where liability coverage is applicable to the student;".
On the adoption of the amendment, the yeas were 29, nays 1, and the amendment was adopted.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

1974

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen {fvant Cou.lretomnan Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engrain Foster Garner Gillis
Harris Harrison Hine H,,owa.rd ^lns Johnson Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Scott of 2nd S,-,.cott of 36th ?**" . Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun Fincher

Hudgins McKenzie

Ray Shumake

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are baila ble only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.

Senator Baldwin of the 29th moved that the Senate adhere to the Senate substitute to HB 776 and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 776.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Baldwin of the 29th, Deal of the 49th and Hine of the 52nd.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 641. By Senators Newbill of the 56th, Barnes of the 33rd, Harrison of the 37th and Ragan of the 32nd:
A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and sub stance abuse services, so as to provide for legislative findings; to provide for a

THURSDAY, MARCH 3, 1988

1975

child and adolescent drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction.
The House substitute to SB 641 was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and sub stance abuse services, so as to provide for legislative findings; to provide for a minor child drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction; to provide for immunity from liability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, is amended by adding after Code Section 37-2-11 a new Code section to read as follows:
"37-2-11.1. (a) The department may develop and establish a minor child drug screening program in each county of the state which shall be operated by each county board of health and which shall constitute disability services within the meaning of this chapter. The pro gram shall include standards and procedures whereby a parent or guardian of a child will be able to supply a urine specimen, for the purposes of laboratory screening of that specimen for the presence of drugs, of any such child whom that parent or guardian suspects of using or experimenting with drugs. The program shall also include safeguards to ensure the confi dentiality of the screening results so that only the requesting parent or guardian may obtain those results from the board of health and so that the child whose specimen is tested will not be identified by name. The program shall provide which clinical laboratories, including but not limited to any such laboratory operated by the department or a county board of health, may conduct such screening tests. The program shall also provide for appropriate referrals of such parents and guardians to public or private organizations for counseling concerning drug abuse. This may include making available a list of local or nearby referral resources. This list should include acute detoxification or psychiatric resources, outpatient resources, longer term inpatient and away-from home resources, and self-help and other resources. The department shall also establish a fee schedule, based on income, for the tests provided pursuant to this Code section, which schedule shall be designed to ensure that the total fees generated by the program reasonably approximate the direct and indirect ex penses of such program so that additional public funds will not be required to finance the program, but no person shall be denied services under this Code section because of that person's inability to pay for those services. A county board of health may elect to provide services under this Code section at no charge or at a reduced charge as long as no state funds are required therefor. Nothing in this Code section shall be construed to conflict with any federal law or regulation applicable thereto.
(b) Physicians and other health care providers in the screening program established pursuant to this Code section who provide the services under the program to nonpatient children whose identities are known only to their parents or guardians have no liability for any such services which do not involve treatment of identified children or their parents or guardians, absent a showing of gross negligence or willful or wanton misconduct by such physician or other health care provider."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 641.

1976

JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Gillis Harris Harrison Hine Howard Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Broun Fincher

Garner Hudgins Ray

Shumake Starr

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 641.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1618. By Representative Mostiler of the 75th:
A bill to amend Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definition applicable to relations with nonprofit contractors, so as to exempt cooperative education service agencies from the definition of a "nonprofit contractor".
Senate Sponsor: Senator Foster of the 50th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean Echols English Engram Foster Harris

Harrison Howard Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill

THURSDAY, MARCH 3, 1988

1977

Olmstead Peevy Perry Phillips Ragan of 10th

Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Tate

Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun Edge Fincher Garner

Gillis Hine Hudgins Huggins

Ray Shumake Starr

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1422. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-58 of the Official Code of Georgia Annotated, relating to regular monthly meetings of county boards of education, so as to re move the requirements that the meeting be held at the county seat.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Education offered the following substitute to HB 1422:

A BILL
To be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financial calculations under the "Quality Basic Education Act," so as to change the provisions relating to full-time equivalent pro gram counts; to change the provisions relating to the annual recalculation of the amount of funding; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financial calculations under the "Quality Basic Education Act," is amended by striking subsections (a) and (b) of Code Section 20-2-160, relating to the deter mination of enrollment by instructional programs, in their entirety and substituting in lieu thereof new subsections (a), (b), (c), (d), and (e) to read as follows:
"(a) The State Board of Education shall designate the specific dates upon which three counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made prior to October 1, the second enroll ment count after November 1 but prior to January 1, and the final enrollment count after February 15 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a driver education course; a course recognized under this article or by state board policy as an enrichment course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code

1978

JOURNAL OF THE SENATE

section, the term 'enrichment course' means a course which does not dedicate a major por tion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any onesixth segment of the school day for which the student is charged tuition or fees or is re quired to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is at tending the postsecondary institution; provided, however, that the student is attending the high school for at least three segments that are eligible to be counted under this subsection and that the student's postsecondary program is approved by the high school principal or the principal's designee. The state board shall adopt such regulations and criteria as neces sary to ensure objective and true counts of students in state approved instructional pro grams. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date.
(b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner:
(1) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161; and
(2) Divide the total number of segments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program.
(c) For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the third fulltime equivalent program count shall be calculated as follows:
(1) Divide the second total full-time equivalent count for the current fiscal year by the second total full-time equivalent count for the immediately preceding fiscal year;
(2) Multiply the quotient obtained in paragraph (1) of this subsection by the third total full-time equivalent count for the immediately preceding fiscal year. The result shall be the projected third total full-time equivalent count for the current fiscal year;
(3) Divide the average of the local school system's three most recent full-time equivalent program counts by the average of the three most recent total full-time equivalent counts; and
(4) Multiply the quotient obtained in paragraph (3) of this subsection by the product obtained in paragraph (2) of this subsection. The result shall be the projected third fulltime equivalent program count for the current fiscal year.
(d) The average of the first two full-time equivalent program counts and the projected third full-time equivalent program count for the current fiscal year shall be used to initially determine the funds needed to finance the program for the ensuing fiscal year.
(e) The average of the local school system's three full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the General Assembly for this purpose."
Section 2. Said part is further amended by striking subsection (a) of Code Section 20-2-

THURSDAY, MARCH 3, 1988

1979

162, relating to the annual recalculation of the amount of funding, in its entirety and substi tuting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first two full-time equivalent counts and the projected third full-time equivalent count for the current fiscal year; provided, however, that if the third full-time equivalent count for the current fiscal year is lower than the projected third count, the midterm adjustment shall be calculated using the average of the three actual fulltime equivalent counts for the current fiscal year. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recal culation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or ser vice explicitly excluded from the full-time equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment."
Section 3. This Act shall become effective on July 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Crumbley Dawkins Deal

Dean Echols Edge English Engram Foster Garner Gillis Harris Harrison Hine Howard Huggins

Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th

1980

JOURNAL OF THE SENATE

Ragan of 32nd Scott of 2nd Scott of 36th Starr

Tate Taylor Timmons

Turner Tysinger Walker

Those not voting were Senators:

Broun Coverdell Fincher

Hudgins Ray

Shumake Stumbaugh

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1336. By Representatives Patten of the 149th and Long of the 142nd:
A bill to amend Code Section 12-5-123 of the Official Code of Georgia Annotated, relating to the creation of the State Water Well Standards Advisory Council, so as to provide that the Attorney General shall provide legal services for the State Water Well Standards Advisory Council.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Gillis Harris Harrison Hine Howard Huggins Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun Fincher Garner

Hudgins McKenzie Ray

Shumake Stumbaugh

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 3, 1988

1981

HB 1691. By Representatives Smyre of the 92nd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the economic development and enhancement of employment in the state through the acquisition, construction, and operation of a stadium suitable for multipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Congress Center and to provide for the financing of such project.
Senate Sponsors: Senators McKenzie of the 14th and Barnes of the 33rd.
The Senate Committee on Appropriations offered the following substitute to HB 1691:
A BILL
To be entitled an Act to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the development of trade, commerce, industry, and employment opportunities in the state through the acquisition, construction, and operation of a stadium suitable for mul tipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Con gress Center and to provide for the financing of such project; to redefine the term "cost of the project" so as to include certain additional costs within the meaning of such term; to redefine the term "project" to include within the definition of such term coliseums and sta diums suitable for multipurpose use, including athletic events; to restate the corporate pur poses of the Geo. L. Smith II Georgia World Congress Center Authority so as to include therein the exercise of its corporate powers with respect to such project; to authorize the authority to contract with users of the project on terms convenient to the authority, includ ing the requirement that such users indemnify and hold the authority harmless in connec tion with such use; to authorize the authority to issue revenue bonds for certain of its pur poses; to provide for the form, denomination, and other terms of the revenue bonds issued by the authority; to authorize the authority to establish the manner, price, and terms of sale; to limit the use of proceeds of revenue bonds; to authorize interim revenue certificates or bonds; to authorize the replacement of revenue bonds; to authorize the authority to issue revenue bonds in a single issue or in series; to authorize the authority to lease or to convey the right of access to or use of facilities acquired by revenue bonds and to contract with any lessee or other entity for the management of such facilities; to provide that the revenue bonds shall not constitute a debt of the state or its political subdivisions and shall be en forceable against the authority only to the extent of rents, revenues, earnings, and other funds pledged as security therefor; to authorize contracts between the authority and any county, municipal corporation, political subdivision, public corporation, or public authority relating to the project; to provide for security for revenue bonds issued by the authority; to authorize payment of the proceeds of revenue bonds issued by the authority to a trustee; to establish rights and remedies of revenue bondholders; to authorize the authority to use the financial advisory and construction related services of the Georgia State Financing and In vestment Commission; to provide that the provisions of Chapter 22 of Title 50 shall be applicable to the project as redefined; to provide for refunding bonds; to authorize invest ment in and acceptance of revenue bonds of the authority by public officers and bodies and regulated institutions and industries; to provide for validation procedures; to declare the findings of the General Assembly that the activities of the authority are for public purposes; to provide for actions against the authority concerning revenue bonds issued by it; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, so as to authorize the Department of Industry and Trade with the approval of the State Properties Commission to acquire land for the purpose of constructing certain projects; to authorize the Department of Industry and Trade to lease land acquired for certain projects to the Geo. L. Smith II Georgia World Congress Center Authority; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," is amended by striking Code Section 10-9-3, relating to definitions pertaining to the Geo. L. Smith II World Congress Center, which reads as follows:
"10-9-3. As used in this chapter, the term:
(1) 'Authority' means the Geo. L. Smith II Georgia World Congress Center Authority.
(2) 'Cost of the project' means the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financ ing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and plans and specifi cations and other expenses necessary or incident to determining the feasibility or practica bility of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of general obligation bonds issued by the State of Georgia or such other bonds or obligations as may be issued by any authority or agency of the State of Georgia.
(3) 'Project' means a comprehensive international trade and convention center and meeting facility with exhibit space capable of handling large trade groups; a Georgia Hall to be a world showcase for displaying exhibits of Georgia's counties, municipalities, industries, and attractions and to promote the agricultural, historical, recreational, and natural re sources of the State of Georgia; individual meeting rooms with simultaneous translation fa cilities for several languages; and other related facilities for cultural, political, musical, edu cational, and other events, including, without limitation, refreshment stands and restaurants and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionaires, licensees, or lessees, or otherwise; and parking facilities and parking areas in connection therewith. The project shall be located in the City of Atlanta and will be known as the 'Geo. L. Smith II Georgia World Congress Center.' As used in this chapter, the proj ect described by the term 'Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and may be referred to as the 'Georgia World Congress Center.' "
and inserting in lieu thereof a new Code Section to read as follows:
"10-9-3. As used in this chapter, the term:
(1) 'Authority' means the Geo. L. Smith II Georgia World Congress Center Authority.
(2) 'Cost of the project' includes:
(A) All costs of construction, purchase, or other form of acquisition;
(B) All costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates and the security of such franchises, permits, approvals, licenses, and certificates and the prepa ration of application therefor;
(C) All machinery, equipment, furnishings, and fixtures required for such project;
(D) Financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of such project in operation;

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1983

(E) Costs of engineering, architectural, and legal services;
(F) Fees paid to fiscal agents for financial and other advice or supervision;
(G) Cost of plans and specifications and all expenses necessary or incidental to the construction, purchase, or acquisition of the completed project or to determine the feasibil ity or practicability of the project;
(H) Fees paid pursuant to the 'Georgia Allocation System' established by Article 8 of Chapter 82 of Title 36;
(I) Fees for letters of credit, bond insurance, debt service or debt service reserve insur ance, surety bonds, or similar credit enhancement instruments;
(J) Administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this chapter;
(K) The repayment of any loans made for the advance payment of any part of such cost, including the interest thereon; and
(L) A fund or funds for the creation of a debt service reserve, a renewal and replace ment reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized.
Any obligation or expense incurred for any of the purposes set forth in subparagraphs (A) through (L) of this paragraph shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under this chapter.
(3) 'Project' means a comprehensive international trade and convention center suitable for multipurpose use for housing trade shows, conventions, cultural, political, musical, edu cational, entertainment, athletic, or other events; for displaying exhibits of Georgia's coun ties, municipalities, industries, and attractions; and for promoting the agricultural, histori cal, natural, and recreational resources of the State of Georgia, including all facilities necessary or convenient to such purpose, regardless of whether such facilities are contigu ous, including, by way of illustration and not limitation, the following facilities: exhibit halls; auditoriums; theatres; stadiums or coliseums and related athletic fields, courts or other surfaces, and clubhouses and gymnasiums; restaurants and other facilities for the pur veying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionnaires, licen sees or lessees, or otherwise; parking facilities and parking areas in connection therewith; facilities deemed necessary or convenient within the structure of such stadiums or colise ums; meeting room facilities, including meeting rooms providing for simultaneous transla tion capabilities for several languages; related lands, buildings, structures, fixtures, equip ment, and personalty appurtenant or convenient to the foregoing; and extension, addition, and improvement of such facilities. The project shall be located in the City of Atlanta and shall be known as the 'Geo. L. Smith II Georgia World Congress Center,' except that any facility included within the project may be otherwise designated by the authority. As used in this chapter, the project described by the term 'Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and referred to as the 'Georgia World Congress Center' and the authority may be referred to as the 'Georgia World Con gress Center Authority.' "
Section 2. Said chapter is further amended by striking Code Section 10-9-4 which reads as follows:
"10-9-4. The authority shall have the following powers:
(1) To bring actions, complain, and implead in any judicial, administrative, arbitration, or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings;

1984

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(2) To have a seal and alter the same at its pleasure;
(3) To make and alter bylaws, rules, and regulations, not inconsistent with law, for the administration and regulation of its business and affairs;
(4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation;
(5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve and use, and to sell, convey, exchange, transfer, lease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes;
(6) To make all contracts and to execute all instruments necessary or convenient to its purposes;
(7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not incon sistent with the limitation and laws of this state and are otherwise within the power of the authority;
(8) To exercise the power of eminent domain and acquire by condemnation, in accor dance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes;
(9) To borrow money for any of its corporate purposes and to provide for the payment of the same, as may be permitted under the Constitution and laws of the State of Georgia;
(10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state;
(11) To do all things necessary or convenient to carry out the powers expressly given in this chapter; and
(12) Said authority shall comply with all applicable state budgetary processes and pro cedures as relate to compensation of employees of the authority.",
and inserting in lieu thereof a new Code Section 10-9-4 to read as follows:
"10-9-4. (a) Without limiting the generality of any provision of this chapter, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, main taining, and operating the project, in whole or in part, directly or under contract with the Department of Industry and Trade or others and engaging in such other activities as it deems appropriate to promote trade shows, conventions, political, musical, educational, en tertainment, recreational, athletic, or other events and related tourism within the state so as to promote the use of the project and the use of the industrial, agricultural, educational, historical, cultural, recreational, commercial, and natural resources of the State of Georgia by those using the project or visiting the state or who may use the project or visit the state.
(b) The authority shall have the following powers:
(1) To bring actions, complain, and implead in any judicial, administrative, arbitration, or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings;
(2) To have a seal and alter the same at its pleasure;
(3) To make and alter bylaws, rules, and regulations, not inconsistent with law, for the administration and regulation of its business and affairs;
(4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation;
(5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes;

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1985

(6) To make all contracts and to execute all instruments necessary or convenient to its purposes;
(7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitation and laws of this state and are otherwise within the power of the authority;
(8) To exercise the power of eminent domain and acquire by condemnation, in accor dance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes;
(9) To borrow money for any of its corporate purposes and to provide for the payment of same, as may be permitted under the Constitution and the laws of the State of Georgia;
(10) To issue revenue bonds as is more fully provided for in this chapter;
(11) To contract with the state and its departments or any county, municipal corpora tion, political subdivision, public corporation, or public authority with respect to activities, services, or facilities the contracting parties are authorized by law to undertake or provide;
(12) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and the laws of the State of Georgia;
(13) To do all things necessary or convenient to carry out the powers expressly given in this chapter; and
(14) Said authority shall comply with all applicable state budgetary processes and pro cedures as relate to compensation of employees of the authority."
Section 3. Said chapter is further amended by striking Code Section 10-9-14, relating to fixing rentals and fees, and inserting in lieu thereof a new Code Section 10-9-14 to read as follows:
"10-9-14. (a) The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and for the goods and services provided by the authority in connection with such use, as the authority may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the authority, if any, to pay the cost of maintaining, repairing, and oper ating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project.
(b) The authority may establish the terms and conditions upon which any lessee, sub lessee, licensee, user, exhibitor, concessionnaire, franchisee, or vendor shall be authorized to use the project as the authority may determine necessary or appropriate. The authority may by contract require any such person or entity to indemnify and hold harmless the authority and its officers, agents, or employees from the claims for personal injury or property damage or loss of such person or others employed by or admitted to the project or any of its facili ties by such person arising out of or in connection with such use of the project from any cause, including negligence of the authority, its officers, agents, or employees, notwithstand ing any other provision of law, including but not limited to subsection (b) of Code Section 13-8-2."

1986

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Section 4. Said chapter is further amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
10-9-40. The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing resolutions for the issuance of revenue bonds, but the authority shall not have the power to incur indebtedness under this article in excess of the cumulative principal sum of $200 million but excluding from such limit bonds issued for the purpose of refunding bonds which have been previously issued. The authority shall have the power to issue such revenue bonds and to use the proceeds thereof for the purpose of paying all or part of the costs of the project to the extent but only to the extent the costs are incurred for the following facilities: multipurpose stadiums or coliseums and related ath letic fields, courts, or surfaces, and clubhouses and gymnasiums; facilities for the purveying of goods and services within such stadiums or coliseums; parking facilities and parking areas in connection therewith; facilities deemed necessary or convenient within the structure of such stadiums or coliseums; and related lands, buildings, structures, fixtures, equipment, and personalty appurtenant or convenient to such facilities and the extension, addition, or improvement of such facilities, which facilities are to be operated as part of the project, as such facilities shall be designated in the resolution of the board of governors of the author ity authorizing the issuance of such bonds.
10-9-41. (a) The revenue bonds of each issue shall be dated, shall bear interest, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the author ity, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of revenue bonds.
(b) The authority shall determine the form of the revenue bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the revenue bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state.
10-9-42. In case any officer whose signature or facsimile signature appears on any reve nue bonds ceases to be an officer before the delivery of the revenue bonds, the signature or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until the delivery. All such revenue bonds shall be signed by or bear the facsimile signature of the chairman or vice chairman of the board of governors of the authority, and the official seal of the authority shall be affixed thereto and attested by or bear the facsimile signature of the secretary or assistant secretary of the authority; and any bond may be signed, sealed, and attested on behalf of the authority by any such persons as at the actual time of the execution of the revenue bonds shall be duly authorized or hold the proper office, although at the date of the issuance of the revenue bonds such person may not have been so authorized or shall not have held such office. The facsimile signature of any officer of the authority may be imprinted in lieu of manual signature if the authority so directs.
10-9-43. The revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state.
10-9-44. The authority may sell the revenue bonds in such manner at public or private sale and for such price, rate of interest, and other terms as it may determine to be in the best interest of the authority. The rate of interest may be a fixed or variable rate, but if the rate is a variable rate, a maximum per annum rate of interest shall be specified in the au thorizing resolution and in the validation proceeding.
10-9-45. The proceeds of the revenue bonds shall be used solely for the payment of the cost of the facilities designated by the resolution authorizing the issuance of such revenue bonds. The resolution authorizing the issuance of revenue bonds may provide that the pro ceeds thereof shall be disbursed upon requisition or order of the chairman of the authority

THURSDAY, MARCH 3, 1988

1987

or other designated officer of the authority under such restrictions, if any, as the resolution authorizing the issuance of the revenue bonds or the trust indenture may provide. If the proceeds of the revenue bonds, by error of calculation or otherwise, shall be less than the cost of the facility or combined facilities, unless otherwise provided in the resolution author izing the issuance of the revenue bonds or in the trust indenture, additional revenue bonds may in like manner be issued to provide the amount of the deficit which, unless otherwise provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the revenue bonds first issued for the same purpose. If the proceeds of the revenue bonds of any issue shall exceed the amount required for the purpose for which such revenue bonds are issued, the surplus shall be used for one or more of the following purposes:
(1) Payment into the fund provided in Code Section 10-9-51 for the payment of princi pal and interest of such revenue bonds; or
(2) For the purchase of such revenue bonds in the open market.
10-9-46. Prior to the preparation of definitive revenue bonds, the authority may, under like restrictions, issue interim revenue receipts, interim revenue certificates, or temporary revenue bonds exchangeable for definitive revenue bonds upon the issuance of the latter.
10-9-47. The authority may also provide for the replacement of any revenue bond which becomes mutilated or is destroyed or lost upon receipt of such indemnification as it may deem appropriate.
10-9-48. The revenue bonds may be issued without any other proceedings or the hap pening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this article and Article 1 of this chapter. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, facilities described in Code Section 109-40 and in the resolution authorizing the issuance of such bonds. Any resolution providing for the issuance of revenue bonds under this article shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the board of governors of the authority.
10-9-49. (a) The authority shall be authorized to lease the facilities financed by the issuance of revenue bonds as authorized by this article to one or more persons, firms, private corporations, authorities, counties, municipal corporations, public corporations, public au thorities, or other political subdivisions of this state under one or more leases covering all or such separately identified portions of the facilities as the authority may determine appropri ate. The term of any such lease shall be for not more than 50 years from the date on which construction of the facilities shall be substantially complete and the lease shall not provide for any extension or renewal of the term. The lease or leases shall require the lessee or lessees to pay rentals in an aggregate amount which, together with other revenues, earnings, and funds available to the authority for such purposes, are at least sufficient to pay the principal, interest, premiums, discounts, fees, costs, or expenses payable by the authority on or with respect to all of the revenue bonds and other obligations issued by the authority for the purpose of financing such facilities covered by such lease or leases as such principal, interest, premiums, discounts, fees, costs, or expenses shall become due and may otherwise require the lessee or lessees to indemnify and hold harmless the authority of and from the payment of such principal, interest, premium, discount, fees, costs, or expenses with respect to the revenue bonds. The obligation of the lessee or lessees to the authority shall be se cured in such manner as the authority shall determine appropriate. The lease or leases may provide that the authority may be subrogated to and may at its election upon such terms as may be set forth in such lease or leases enforce all contracts or rights of action of such lessee or lessees relating to or arising out of the operation of the facilities covered by such lease or leases. Any such lease or leases shall contain such other terms and conditions as the author ity may determine appropriate.

1988

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(b) Any such lease may require that the lessee shall contract with the authority for the management and operation of the facilities by the authority upon such terms as the author ity may deem reasonable and appropriate. The authority may in any event contract with the lessee or lessees for the management and operation of the facilities covered by such lease or leases. No such contract with the authority by any lessee shall operate to extinguish any lease or to merge the authority's separate rights, interests, or obligations under its separate contracts.
(c) As used in this article, 'lease' includes a lease or sublease and may, in the discretion of the authority, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy. The term 'lessee' includes lessee or subles see, tenant, licensee, concessionnaire, or other person contracting for such estate, interest, right, or privilege.
(d) In the exercise of its powers under this chapter, including the powers under this article, the authority may contract with any public entity which shall include the state or any institution, department, or other agency thereof or any county, municipality, school district, or other political subdivision of the state or with any other public agency, public corporation, or public authority, for joint services, for the provision of services, or for the joint or separate use of facilities or equipment with respect to such activities, services, or facilities which the contracting parties are authorized by law to undertake or provide.
(e) Pursuant to any such contract, in connection with any facility authorized under this article, the authority may undertake such facility or provide such services or facilities of the authority, in whole or in part, to or for the benefit of the public entity contracting with the authority with respect to those activities, services, or facilities which the contracting public entity is authorized by the Constitution and law to provide, including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution and Chapter 61 of Title 36, and any such contracting public entity is authorized to undertake to pay the au thority for such activities, services, or facilities such amounts and upon such terms as the parties may determine.
(f) The state and each institution, department, or other agency thereof or each county, municipality, school district, or other political subdivision of this state and each public agency, public corporation, or public authority is authorized to contract with the authority in connection with any activity, service, or facility which such public entity is otherwise authorized to provide to obtain the performance of such activity or provision of such ser vices or facilities through the authority.
(g) In connection with its operations, the authority may similarly obtain from, and each public entity may provide, such activities services or facilities which the authority is author ized to provide.
(h) Except as provided by Article VII, Section IV, Paragraph IV of the Constitution, any such contract authorized by this Code section or the revenues derived therefrom may be designated as security for revenue bonds issued under this article.
10-9-50. (a) (1) Revenue bonds issued under the authority of this article shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state. The bonds shall be enforceable against the authority only to the extent of, and only against funds derived from, the rents, revenues, earnings, and funds:
(A) Payable to the authority by the lessee or lessees and received by the authority from the lessee or lessees under the lease or leases by the authority of the facilities acquired with the proceeds of such revenue bonds described in the resolutions authorizing the issuance of such revenue bonds;
(B) Payable to the authority under such contracts as may be entered into in accordance with Code Section 10-9-49, relating to the facilities acquired by the proceeds of the revenue bonds or the use thereof or services provided through such facilities, which are designated as security for the revenue bonds;

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(C) Payable to the authority under such other contracts or agreements relating to the facilities acquired by the proceeds of the revenue bonds as may be designated as security for such bonds; and
(D) As may otherwise be designated as security for such bonds which are derived from or in connection with the facilities acquired by the proceeds of the revenue bonds or the use thereof or the services provided through such facilities. The bonds shall be payable solely from the rents, revenues, earnings, and funds described in this paragraph, except that the bonds may, in addition and in the discretion of the authority, be paid in part by the author ity from any other source of funds lawfully available to the authority for that purpose. The authority shall not be obligated in any way, however, to make any payments from any such other source of funds.
(2) The issuance of the revenue bonds shall not directly or indirectly or contingently obligate the state to continue or to levy or pledge any form of taxation whatsoever therefor or to continue or make any appropriation for the payment thereof. Revenue bonds issued under the authority of this article shall not be payable from or a charge upon any funds other than those pledged to the payment thereof nor shall the authority be otherwise di rectly or indirectly subject to any pecuniary liability thereon. Except as provided in this article, a holder or holders of any such revenue bonds, directly or through any trustee or receiver, shall not have the right to enforce payment thereof against the authority or any property of or any right of action of or against the authority nor shall any such revenue bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of or any right of action of or against the authority.
(b) Notice of the limitations of this Code section shall be set forth on the face of the revenue bonds which shall further provide that the obligations of the authority thereunder are limited by the provisions of this article.
10-9-51. (a) Subject to the limitations set forth in this chapter, the authority shall be authorized to provide, directly or through lessees of the project, such security for revenue bonds issued by it as it may determine appropriate.
(b) (1) Without limitation of the provisions of subsection (a) of this Code section, in the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. The trust indenture may pledge or assign rents, revenues, earnings, and funds received by the authority;
(A) Payable to the authority by the lessee or lessees and received by the authority from the lessee or lessees under the lease or leases by the authority of the facilities acquired with the proceeds of such revenue bonds described in the resolutions authorizing the issuance of such revenue bonds;
(B) Payable to the authority under such contracts as may be entered into in accordance with Code Section 10-9-49, relating to the facilities acquired by the proceeds of the revenue bonds or the use thereof or services provided through such facilities, which are designated as security for the revenue bonds;
(C) Payable to the authority under such other contracts or agreements relating to the facilities acquired by the proceeds of the revenue bonds as may be designated as security for such bonds; and
(D) As may otherwise be designated as security for such bonds which are derived from or in connection with the facilities acquired by the proceeds of the revenue bonds or the use thereof or the services provided through such facilities.
(2) Either the resolution providing for the issuance of the revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the

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project; and the custody, safeguarding, manner of disbursements, and application of all moneys and may also provide that any facility shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority. The resolution or the trust indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing reve nue bonds and debentures of corporations.
(c) The resolution or trust indenture may provide that the rents, revenues, earnings, and funds which are designated as security for the revenue bonds shall be set aside into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon the revenue bonds as the interest falls due;
(2) The principal of the bonds as the same falls due;
(3) The necessary charges of paying agents for paying principal and interest;
(4) Any premium upon bonds retired by call or purchase as provided in this article; and
(5) Any fees, costs, or expenses payable under the revenue bonds or trust indentures.
(d) The use and disposition of the sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in the resolution or trust inden ture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinc tion or priority of one over another. Subject to the resolution authorizing the issuance of the revenue bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of such revenue bonds; and any such bonds so purchased or redeemed shall immediately be canceled and shall not again be issued.
10-9-52. Any holder of revenue bonds or interest coupons thereon issued under this article, any receiver for such holders, or any indenture trustee, if there is any, except to the extent the rights given in this article may be restricted by resolution passed before the issu ance of the revenue bonds or by the trust indenture, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted under this article or under such resolution or trust indenture and may enforce and compel performance of all duties required by this article or by such resolution or trust indenture to be performed by the authority or any officer thereof. In the event of default upon the principal and interest or other obligations of any revenue bond issue, any such holder, receiver, or indenture trustee shall be subrogated to each and every right of collecting rentals, revenues, earnings, or funds by the authority which the authority may possess under contracts designated as security therefor, and, in the pursuit of its reme dies as subrogee, may proceed either at law or in equity by action, mandamus, or other proceedings to collect any sums by such proceeding due and owing to the authority and pledged or partially pledged to the benefit of the revenue bond issue. No individual, re ceiver, or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the state to pay any such revenue bond or the interest thereon or otherwise to enforce the payment thereof against the state or the authority or any property of the state or authority, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state or authority except the rents, revenues, earnings, and funds designated as security for the revenue bonds. In addition to the foregoing, the resolution or trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders subject to the limitations other wise stated in this article. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of the project affected by the indenture.
10-9-53. The authority may, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the

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1991

bonds to any officer or person who shall act as trustee or any agency, bank, or trust com pany which shall act as trustee of such funds and shall hold and apply the same to the purposes set forth in or through this article, subject to such regulations as this article and Article 1 of this chapter as the resolution or trust indenture may provide.
10-9-54. The authority shall be authorized to utilize the financial advisory and construc tion related services of the Georgia State Financing and Investment Commission with re spect to the issuance of revenue bonds and the investment and disposition of the proceeds thereof and the acquisition, design, planning, and construction of the facilities designated in the resolution authorizing the issuance of the revenue bonds. The reimbursement by the authority of the commission for services provided by the commission shall be considered as part of the costs of the project. Chapter 22 of Title 50 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof constructed in whole or in part with any proceeds from the sale of revenue bonds authorized by this article.
10-9-55. The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this article and then outstanding, together with accrued interest thereon. The issu ance of such revenue refunding bonds, and maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by this article insofar as the same may be applicable.
10-9-56. The revenue bonds authorized by this article are made securities in which all public officers and bodies of this state and all municipalities and all political subdivisions of this state; all insurance companies and associations and other persons carrying on an insur ance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment compa nies, financial institutions, and other persons carrying on a banking business; all administra tors, guardians, executors, trustees, and other fiduciaries; and all other persons who are au thorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The revenue bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions of this state for any purpose for which the deposit of the bonds or other obligations of this state may be authorized.
10-9-57. (a) Revenue bonds of the authority shall be confirmed and validated in accor dance with the procedures of Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law.' The revenue bonds and any security therefor when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and any security therefor and against the authority issuing the same and any person, firm, corporation, county, mu nicipality, authority, subdivision, instrumentality, or other agency contracting with the au thority and any and all other persons who were or could have become parties to the proceedings.
(b) Revenue bonds issued by the authority shall not be subject to the limitations of term or interest set forth in the 'Revenue Bond Law' or any other law.
(c) Notwithstanding the provisions of the 'Revenue Bond Law,' in its resolution author izing the issuance of revenue bonds, the authority, in its discretion, in lieu of specifying the rate or rates of interest which the revenue bonds are to bear, may state that the bonds when issued will bear interest at a rate or rates which may be fixed or variable, not exceeding a maximum per annum rate of interest specified in the resolution. The petition, complaint, notice to the district attorney, and notice to the public required to be filed or published under the 'Revenue Bond Law' shall conform to the resolution authorizing the issuance of the revenue bonds.
10-9-58. It is found, determined, and declared that the carrying out of the purposes of the authority as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the authority will be performing an

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essential governmental function in the exercise of the powers conferred upon it by this arti cle; and that the activities authorized in this article will develop and promote trade, com merce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state. The state covenants with the holders of the revenue bonds that the authority shall be required to pay no taxes or assessments of the state or its municipalities or political subdivisions upon any of the property acquired or leased by it, or under its jurisdiction, control, possession, or supervision or upon its activities in the acquisition, construction, operation, or maintenance of the facilities erected or ac quired by it, including the purchase of tangible personal property for such purposes, or any fees, rentals, or other charges, for the use of such facilities, or any other income received by the authority. Further, the state covenants that the revenue bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state by the state or its municipalities or political subdivisions. Any exemption from taxa tion provided by this Code section shall not include exemption from sales and use taxes on sales made by the authority in transactions or to persons not otherwise exempt therefrom.
10-9-59. Revenue bonds issued under the authority of this article shall not be a security within the meaning of, and shall not otherwise be subject to any of the provisions of, Chap ter 5 of this title, the 'Georgia Securities Act of 1973.'
10-9-60. Any action to protect or enforce any rights under this article shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any revenue bonds issued under this article shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions."
Section 5. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, is amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
50-7-40. The Department of Industry and Trade is authorized to acquire, construct, operate, maintain, expand, and improve a project as such term is defined in paragraph (3) of Code Section 10-9-3, including each of the facilities described in such paragraph, for the purpose of promoting trade, commerce, industry, and employment opportunities within this state for the public good and general welfare and, without limitation of the foregoing, with the approval of the State Properties Commission, to acquire land for such purposes.
50-7-41. In addition to its authority and duties provided under Code Section 10-9-5, the department shall have the authority with the approval of the State Properties Commission to lease any improved or unimproved land or other property acquired by it under Code Section 50-7-40 to the Geo. L. Smith II Georgia World Congress Center Authority for a term not to exceed 50 years but upon such other terms and conditions as the department may determine necessary or convenient. Any such lease shall be for and in consideration of $1.00 annually for each calendar year or portion thereof paid in kind to and receipted for by the Fiscal Division of the Department of Administrative Services and in further consideration of the reasonable compliance by the authority with the requirement that such property be held, constructed, operated, maintained, expanded, or improved for the purposes for which the department was authorized to acquire such property. It is determined that such consid eration is good and valuable and sufficient consideration for such lease and in the interest of the public welfare of the State of Georgia and its citizens."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 3, 1988

1993

Senator Phillips of the 9th offered the following amendment:

Amend the substitute to HB 1691 offered by the Senate Committee on Appropriations by adding on page 20, line 30, after the word "state" the following:
"or of any city or county of the state", and by adding on page 22, line 4, after the word "state" the following:
", or city or county of the state".

On the adoption of the amendment, Senator Scott of the 2nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Burton Coverdell Crumbley Deal Dean Edge

Foster Harris Harrison Hine Howard Huggins Johnson Kidd Land McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Stumbaugh Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Albert Bryant Coleman

Dawkins English Langford

Scott of 2nd Tate Walker

Those not voting were Senators:

Allgood
Broun Echols Engram Fincher

Garner
Gillis Hudgins Kennedy McGill

Ray Scott of 36th
Shumake Starr

On the adoption of the amendment offered by Senator Phillips of the 9th, the yeas were 33, nays 9, and the amendment was adopted.

Senators Barker of the 18th, Crumbley of the 17th, Howard of the 42nd and Stumbaugh of the 55th offered the following amendment:

Amend the substitute to HB 1691 offered by the Senate Committee on Appropriations by inserting between lines 29 and 30 on page 31 the following:
"Section 6. No state funds shall be used to construct a domed stadium or to service the debt thereon. Any funds appropriated to the project in the Supplemental Appropriations bill, 1988 Session, shall be used for the purchase of land only.",
and by renumbering Sections 6 and 7 to Sections 7 and 8 on lines 30 and 1 of pages 31 and 32.

On the adoption of the amendment, the yeas were 34, nays 2, and the amendment was adopted.

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Senator Olmstead of the 26th offered the following amendment:

Amend the substitute to HB 1691 offered by the Senate Committee on Appropriations by adding between lines 11 and 12 of page 12 the following:
"(15) The term 'stadium' means a fully enclosed, climate controlled, multipurpose sports exhibition hall in which public participation in financing shall not exceed 30 per cent of the cost of the project, including the purchase of land, construction of the stadium and the operation thereof."

On the adoption of the amendment, the yeas were 33, nays 1, and the amendment was adopted.

Senators Coverdell of the 40th and Langford of the 35th offered the following amendment:

Amend the substitute to HB 1691 offered by the Senate Committee on Appropriations by striking line 26 on page 19 in its entirety and inserting in lieu thereof the following:
"or provide, provided however, that no county or municipality with which the authority enters into contracts can increase ad valorem tax rates in order to provide the contracted services or facilities without gaining approval by the voters of the jurisdiction in a public referendum."

The President ruled that the amendment offered by Senators Coverdell of the 40th and Langford of the 35th was not germane to HB 1691.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
BryTt Coleman Dawkins Deal Dean

English Foster Harris Hine
Howard Huggins Johnson Langford McKenzie

Olmstead Ragan of 10th Stumbaugh Tate
Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Burton Coverdell Crumbley Edge

Harrison Kidd Land Newbill Peevy

Perry Phillips Ragan of 32nd Scott of 2nd Shumake

Those not voting were Senators:

Allgood Broun Echols

Engram Fincher Garner

Gillis Hudgins Kennedy

THURSDAY, MARCH 3, 1988

1995

McGill Ray

Scott of 36th

Starr

On the passage of the bill, the yeas were 28, nays 15.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1691.

The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 7:20 o'clock P.M. today.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons.

Senator Stumbaugh of the 55th moved that the Senate insist upon the Senate substi tute to HB 1268.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1268.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 588. By Senators Foster of the 50th, Barnes of the 33rd, Deal of the 49th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to change the provisions relating to the comprehensive evaluation of public schools and school systems; to change the provisions relating to the Quality Basic Education Pro gram task force; to provide for other matters relative to the foregoing.

The House substitute to SB 588 was as follows:

A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to change the provi sions relating to the comprehensive evaluation of public schools and school systems; to change the provisions relating to the Quality Basic Education Program task force; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," is amended by adding at the end of subsection (a) of Code Section 20-2-282, relating to the comprehensive evaluation of public schools and school systems, a new paragraph (3) to read as follows:
"(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School

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Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropri ated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request."
Section 2. Said article is further amended by striking subsection (d) of Code Section 202-282, relating to the comprehensive evaluation of public schools and school systems, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) Each local school system shall annually inform the citizens residing within its area and the State Superintendent of Schools concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish annual profiles of all public schools and local school systems in the state. A subcommittee of the task force estab lished pursuant to subsection (a) of Code Section 20-2-320 made up of six members, one each representing the Governor's office, the House Research Office, the Senate Research Office, the Office of Planning and Budget, local school systems, and the Department of Edu cation, shall recommend information to be included in the profiles. Such recommendations shall be submitted by the task force to the state board. Profiles shall include, but shall not be limited to, information on: student achievement, which may include information related to test results, failure rates, and achievement of special honors or awards; student outcomes, which may include dropout rates and numbers, postsecondary enrollment rates, and partici pation in developmental studies programs; demographic factors in the student body, public school, and local school system, which may include socioeconomic or other appropriate de mographic variables; financial and budget statistics, which may include costs per student, expenditures by program, and public school and local school system percentages of federal, state, and local funding, and aggregate and average salary information; faculty, administra tion, and employees, which may include faculty and administrator qualifications, assign ments, experience, and certification; and curriculum and program offerings, which may in clude information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local school systems. The first profiles shall be published no later than December 31, 1989, and annually thereafter, subject to appropria tion by the General Assembly for this purpose. Data used in the profiles shall be collected through the state-wide comprehensive educational information network established pursu ant to Code Section 20-2-320; provided, however, that prior to completion of the network the state board shall have the authority to specify data items which are to be collected by other means. The state board shall ensure that this information is as accurate as possible. The task force subcommittee shall recommend data which are, at minimum, to be included in the profiles prior to completion of the network. In no event shall the state board require data to be collected, for the sole purpose of the profiles created under this Code section, prior to the completion of the state-wide comprehensive educational information network. The State School Superintendent shall also produce a state profile which shall be a sum mary of the local school system profiles and a comparison of demographically similar public schools and local school systems. All profiles shall be kept at the Department of Education and shall be available for public inspection during regular business hours. Copies of the

THURSDAY, MARCH 3, 1988

1997

profiles or portions thereof shall be made available by the Department of Education to the public on request, subject to payment of an appropriate fee to cover the expense of publish ing and distributing the profiles. The state board shall provide free of charge to each local school system and each public school within the system a current copy of the state profile and the system's profile, including all school profiles within that system. A complete current set of the state profile and all school and system profiles shall be provided by the state board free of charge to each public library in the state, to the Office of the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall provide a copy of the profile to all news media organizations which publish or broad cast within its area. Each local school system shall also make copies of its school and system profiles available to the public on request, subject to payment of a fee similar to that charged by the Department of Education. Each public library shall make available for pub lic inspection current copies of all school and system profiles."
Section 3. Said article is further amended by striking Code Section 20-2-320, relating to the Quality Basic Education Program task force, in its entirety and substituting in lieu thereof a new Code Section 20-2-320 to read as follows:
"20-2-320. (a) The Governor shall appoint a task force composed of representatives from the Department of Education, the State Board of Postsecondary Vocational Educa tion, the Office of the Governor, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, local school systems, the Professional Standards Commission, the House Research Office, the Senate Research Office, and the Leg islative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effective ness of the various components of public education in Georgia. The task force is directed to identify any other data which will be required from local units of administration, public libraries, and postsecondary area vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network. Data shall include, at minimum, items specifically identified for profiles re quired pursuant to subsection (d) of Code Section 20-2-282. The task force shall adopt a statement recommending data which would, at minimum, be regularly collected for storage at the state network host facility and data which would be stored at local units of adminis tration or at public schools. Data which are not normally stored by the network host shall be maintained in a manner which can be readily transmitted by electronic medium upon re quest from authorized educational agencies. The task force shall adopt a statement recom mending the frequency by which each data component is transmitted. Such data shall be transmitted by electronic medium no later than the completion date of the network as pro vided in subsection (f) of this Code section.
(b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state. The Board of Postsecondary Vocational Education shall develop and maintain an individual data record for each student enrolled in the postsecondary vocational schools of the state. The task force shall adopt a statement recommending the specific data to be included and recommending those elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the task force, and the State Board of Education and the State Board of Postsecondary Vocational Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files.
(c) For the purpose of this article, authorized educational agencies shall be the Depart-

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ment of Education; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the State Board of Postsecondary Vocational Education; and the educational policy and research components of the Office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educa tional information network, including individual student record and individual personnel record information retrieved by the Department of Education or Board of Postsecondary Vocational Education shall be accessible by authorized educational agencies; provided, that any information which is planned for collection over the network but which is temporarily being collected by other means shall also be accessible by authorized educational agencies; provided, further, that adequate security provisions are employed to protect the privacy of individuals. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. The task force shall develop and adopt recommendations for procedures by which live data files resident on the network host shall be copied to other files and regularly updated for use by authorized educational agencies. The Department of Education and the State Board of Postsecondary Vocational Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education and the State Board of Postsecondary Vocational Education shall adopt monitoring, editing, and verifying mecha nisms necessary to assure the accuracy and completeness of data. Any information collected over the state-wide comprehensive educational information network which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations and Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assem bly, and agencies other than authorized educational agencies.
(d) The task force shall further develop specifications for hardware and software acqui sition for administrative uses. Such specifications shall be followed by the State Board of Education, the State Board of Postsecondary Vocational Education, local units of adminis tration, public libraries, and postsecondary area vocational-technical schools. In local school systems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network, subject to appropriation by the General Assembly for this purpose. It is declared to be the intent of this Code section that hardware and software used in the state-wide comprehensive educational information network comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network, including any funding needed for hardware and software for the Department of Education, the State Board of Postsecon dary Vocational Education, local units of administration, public schools, public libraries, and postsecondary area vocational-technical schools.
(e) The task force shall develop a timetable for implementation of the state-wide com prehensive educational information network and shall submit a report semiannually to the Governor and to the House and Senate Education and Appropriations committees detailing progress toward completion of the network. The task force shall also submit its timetable and notice of all formal actions and recommendations to the State Board of Education. The state board shall address all recommendations submitted by the task force. A separate com plete report on progress toward completion of the network shall be submitted semiannually, prior to January 1 and July 1, to the Governor and to the House and Senate Education and Appropriations committees by the Department of Education. This report shall identify any differences between state board actions or policies and corresponding task force recommen dations, shall provide an explanation for such differences, and shall explain any decision to take no action on a specific task force recommendation.
(f) The state-wide comprehensive educational information network shall be fully com-

THURSDAY, MARCH 3, 1988

1999

pleted by July 1, 1991, subject to appropriation by the General Assembly for this purpose; provided, however, that the task force shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 1992. Only during the period prior to final completion of the network, the state board shall be authorized to specify data which may be transmitted by tape or disk from local school systems which are capable of providing required data in such formats. During the phased implementation of the network, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Foster of the 50th moved that the Senate agree to the House substitute to SB 588.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Edge English Foster Harris Harrison Hine Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Broun Echols Engram Fincher

Garner Gillis Hudgins McGill

Ray Scott of 36th Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 588.

The following general bill of the House, having been read the third time on March 1 and postponed until March 3, was put upon its passage:

HB 1333. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, so as to change the jurisdiction of said court; to provide for the method by which salaries of the judges of such courts are set.
Senate Sponsor: Senator Howard of the 42nd.

Senator Howard of the 42nd moved that HB 1333 be postponed until March 4.

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JOURNAL OF THE SENATE

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1333 was post poned and placed on the Senate General Calendar.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 367. By Senators Peevy of the 48th, Allgood of the 22nd, Stumbaugh of the 55th and others:
A bill to amend Code Section 31-9-6 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.
The House substitute to SB 367 was as follows:
A BILL
To be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to require disclosure of certain information to any person who undergoes certain surgical or diagnostic procedures; to provide that when certain consent is not obtained in writing then no presumption shall arise as to the validity of such consent; to provide that certain forms of written consent shall be rebuttably presumed to be valid consent under certain circumstances; to provide for methods of disclosure; to provide that causes of action for failure to comply with this Act shall be actions for medical malpractice; to prohibit such causes of action under certain circumstances; to provide for exceptions to such required disclosure; to provide for application of such consent to certain other medical personnel; to provide for consent to courses of treatment; to provide that the Composite State Board of Medical Examiners shall adopt rules, regulations, and procedures establishing standards for physician compliance of this Act; to provide that such board shall notify certain physicians of the adoption of this Act; to provide a definition; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treatment, is amended by ad ding a new Code section immediately following Code Section 31-9-6, to be designated Code Section 31-9-6.1, to read as follows:
"31-9-6.1. (a) Except as otherwise provided in this Code section, any person who under goes any surgical procedure under general anesthesia, spinal anesthesia or major regional anesthesia or any person who undergoes a diagnostic procedure which involves the intrave nous injection of a contrast material shall be informed in general terms of the following:
(1) A diagnosis of the patient's condition requiring such proposed surgical or diagnostic procedure;
(2) The nature and purpose of such proposed surgical or diagnostic procedure;
(3) The material risks generally recognized and accepted by reasonably prudent physi cians of infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death involved in such proposed surgical or diagnostic procedure which, if disclosed to a reasonably prudent person in the patient's position, could reasonably be expected to cause such prudent person to decline such proposed surgical or diagnostic procedure on the basis of the material risk of injury that could result from such proposed surgical or diagnostic procedure;

THURSDAY, MARCH 3, 1988

2001

(4) The likelihood of success of such proposed surgical or diagnostic procedure;
(5) The practical alternatives to such proposed surgical or diagnostic procedure which are generally recognized and accepted by reasonably prudent physicians; and
(6) The prognosis of the patient's condition if such proposed surgical or diagnostic pro cedure is rejected.
(b) (1) If a consent to a surgical or diagnostic procedure is required to be obtained under this Code section and such consent is not obtained in writing in accordance with the requirements of this Code section, then no presumption shall arise as to the validity of such consent.
(2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and such consent discloses in general terms the information required in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter, then such consent shall be rebuttably presumed to be a valid consent.
(c) In situations where a consent to a surgical or diagnostic procedure is required under this Code section, it shall be the responsibility of the responsible physician to ensure that the information required by subsection (a) of this Code section is disclosed and that the consent provided for in this Code section is obtained. The information provided for in this Code section may be disclosed through the use of video tapes, audio tapes, pamphlets, book lets, or other means of communication or through conversations with nurses, physician's assistants, trained counselors, patient educators, or other similar persons known by the re sponsible physician to be knowledgeable and capable of communicating such information; provided, however, that for the purposes of this Code section only, if any employee of a hospital or ambulatory surgical treatment center participates in any such conversations at the request of the responsible physician, such employee shall be considered for such pur poses to be solely the agent of the responsible physician.
(d) A failure to comply with the requirements of this Code section shall not constitute a separate cause of action but may give rise to an action for medical malpractice as defined in Code Section 9-3-70 and as governed by other provisions of this Code relating to such ac tions; and any such action shall be brought against the responsible physician or such person or persons responsible for his or her acts, or both, upon a showing that:
(1) That the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure;
(2) That information concerning the injury suffered was not disclosed as required by this Code section; and
(3) That a reasonably prudent patient would have refused the surgical or diagnostic procedure or would have chosen a practical alternative to such proposed surgical or diagnos tic procedure if such information had been disclosed;
provided, however, that the expert's affidavit required by Code Section 9-11-9.1 shall set forth that the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure and that such injury was a material risk required to be disclosed under this Code section.
(e) The disclosure of information and the consent provided for in this Code section shall not be required if:
(1) An emergency exists as defined in Code Section 31-9-3;
(2) The surgical or diagnostic procedure is generally recognized by reasonably prudent physicians to be a procedure which does not involve a material risk to the patient involved;
(3) If a patient or other person or persons authorized to give consent pursuant to this chapter make a request in writing that the information provided for in this Code section not be disclosed;

2002

JOURNAL OF THE SENATE

(4) A prior consent, within ten (10) days of the surgical or diagnostic procedure, com plying with the requirements of this Code section to the surgical or diagnostic procedure has been obtained as a part of a course of treatment for the patient's condition; or
(5) The surgical or diagnostic procedure was unforeseen or was not known to be needed at the time consent was obtained, and the patient has consented to allow the responsible physician to make the decision concerning such procedure.
(f) A prior consent, within ten (10) days of the surgical or diagnostic procedure, to surgical or diagnostic procedures obtained pursuant to the provisions of this Code section shall be deemed to be valid consent for the responsible physician and all medical personnel under the direct supervision and control of the responsible physician in the performance of such surgical or diagnostic procedure and for all other medical personnel otherwise involved in the course of treatment of the patient's condition.
(g) The Composite State Board of Medical Examiners shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the stan dards necessary to implement this chapter specifically including but not limited to the disci plining of a physician who fails to comply with this Code section.
(h) As used in this Code section, the term 'responsible physician' means the physician who performs the procedure or the physician under whose direct orders the procedure is performed by a nonphysician."
Section 2. The Composite State Board of Medical Examiners shall be required to in form all physicians licensed in this state of the adoption of this Act within a reasonable period of time after such Act has been signed by the Governor.
Section 3. This Act shall become effective on January 1, 1989, and shall apply to all such surgical or diagnostic procedures performed on or after January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th moved that the Senate agree to the House substitute to SB 367 as amended by the following amendment:

Amend the House substitute to SB 367 by adding on line 10 of page 2 after the word "undergoes" the words "an amniocentesis diagnostic procedure or".
By striking line 15 and line 16 of page 4 and inserting in lieu thereof the following:
"against the responsible physician or any hospital, ambulatory surgical treatment center, professional corporation, or partnership of which the responsible physician is an em ployee or partner and which is responsible for such physician's acts, or both, upon a".
By adding on line 29 of page 4 after the word "that" the following:
", as to an allegation of negligence for failure to comply with the requirements of this Code section,".
By adding on line 18 of page 5 after the word "condition" the following:
", provided that such consent shall be valid for a period of 30 days from the date it is obtained or for the period of time the person is confined in a hospital after having been admitted for the performance of such procedure, whichever is greater".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes

Brannon Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal

THURSDAY, MARCH 3, 1988

2003

Dean Edge English
Harris Harrison Hine Howard Huggins Johnson

Kennedy Kidd Land
McKenzie Newbill Olmstead Peevy Perry Ragan of 10th

Ragan of 32nd Scott of 2nd Shumake
Starr Stumbaugh Tate Taylor Turner Walker

Those not voting were Senators:

Barker Bowen
g^""g Engram Fincher

Garner Gillis
Hudgins Langford McGill

Phillips Ray
Scott of 36th Timmons Tysinger

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 367 as amended by the Senate.

Time having arrived for the entertainment of the reconsideration motion, Senator Barnes of the 33rd moved that the Senate reconsider its action previously today in defeating the following bill of the House:

HB 1691. By Representatives Smyre of the 92nd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the economic development and enhancement of employment in the state through the acquisition, construction, and operation of a stadium suitable for multipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Congress Center and to provide for the financing of such project.

On the motion, the yeas were 33, nays 6; the motion prevailed, and HB 1691 was recon sidered and placed at the foot of the Senate General Calendar.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1362. By Representative Cox of the 141st:
A bill to amend Code Section 45-16-21 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Post-mortem Examination Act," so as to change the definition of the term "medical examiner".
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

2004

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coleman Crumbley Dawkins

Dean Edge English Harris Harrison Howard Huggins Johnson Kennedy Kidd Land

Langford Olmstead Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Starr Stumbaugh Taylor Tysinger Walker

Those voting in the negative were Senators:

Deal

Hine

Foster

Peevy

Those not voting were Senators:

Barker Broun Coverdell Echols Engram Fincher Garner

Gillis Hudgins McGill McKenzie Newbill Perry

Ray Scott of 36th Shumake Tate Timmons Turner

On the passage of the bill, the yeas were 33, nays 4.

The bill, having received the requisite constitutional majority, was passed.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 7:30 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, MARCH 4, 1988

2005

Senate Chamber, Atlanta, Georgia Friday, March 4, 1988
Thirty-ninth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Bllard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 616. By Senators Harrison of the 37th, Ragan of the 32nd, Barnes of the 33rd and others: A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide for an additional supplement for the chief judge; to provide an effective date.
SB 678. By Senator Brannon of the 51st: A bill to create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for commissioner districts; to provide for a chairman; to provide for powers and duties and compensation of members; to provide additional powers for the chairman; to provide for ordi nances, rules, and regulations.
SB 679. By Senator Brannon of the 51st: A bill to amend an Act providing the method of election of the members of the board of education of Gilmer County so as to provide for the election of members of the board of education in nonpartisan elections; to provide procedures relative to the nomination and qualification of candidates of said board.
SB 653. By Senator Langford of the 35th: A bill to provide for a $10,000.00 homestead exemption from all City of Hapeville ad valorem taxes for residents of that city; to provide for a definition; to provide for procedures relative thereto; to provide for effectiveness; to provide for a refer endum; to repeal a previously existing homestead exemption.
SB 594. By Senators Turner of the 8th, Gillis of the 20th and Ray of the 19th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definitions of "alliga tor product," "fur dealer," and "fur dealer's agent"; to change the season for hunting alligators; to change the provisions relating to taxidermists; to change the provisions relating to the hunting of alligators.

2006

JOURNAL OF THE SENATE

SB 556. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to specify the parties who may prose cute an action under this Code section; to provide an effective date.
SB 604. By Senator Harrison of the 37th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sick ness insurance, so as to require coverage for human heart transplants and related expenses to be offered as part of or as an optional endorsement to individual or group benefit plans, policies, or contracts of accident and sickness insurance.
SB 558. By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to authorize counties and municipalities to have registered their own service marks; to provide for liquidated damages for certain infringements of reg istered trademarks and service marks.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 1721. By Representatives Richardson of the 52nd, Williams of the 48th, Workman of the 51st, Alford of the 57th, Morton of the 47th and others:
A bill to provide that each resident of DeKalb County who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County ad valorem taxes, except county school district taxes, in the amount of $14,000.00 of the value of the homestead of such resident.
HB 1634. By Representative Holmes of the 28th:
A bill to provide for urban enterprise zones in the City of Atlanta.
HB 1866. By Representative Heard of the 43rd:
A bill to amend an Act providing a city charter for the City of Fayetteville in the County of Fayette, so as to change the corporate limits of the city.
HB 1565. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change the provisions relat ing to the sale of business opportunities; to provide for the Secretary of State to be the agent for service of process; to provide that multilevel distribution compa nies shall be regulated in the same manner as companies which sell business opportunities.
HB 1833. By Representative McDonald of the 12th:
A bill to amend an Act creating the State Court of Jackson County, so as to provide that the judge of such court shall be a full-time judge and shall not en gage in the private practice of law; to provide that the solicitor of such court shall be a full-time solicitor and shall not engage in the private practice of law.

FRIDAY, MARCH 4, 1988

2007

HB 254. By Representatives Chambless of the 133rd, Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to authorize the Health Planning Agency to establish and operate a state-wide health care data system to collect, verify, compile, analyze, and disseminate certain health care data.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1617. By Representatives Pittman of the 60th, Wall of the 61st, Goodwin of the 63rd, Bannister of the 62nd, Lawson of the 9th and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 62 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre.
HB 1894. By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County School System ad valorem taxes, including taxes to retire bonded indebtedness of the Cobb County School System, for residents of the Cobb County School Dis trict who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year; to provide for a statement of authority.
HB 1895. By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County ad valorem taxes, including taxes to retire bonded indebtedness, except ad valorem taxes for the Cobb County School System and taxes to retire bonded indebtedness of the Cobb County School System, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year.
HB 1885. By Representatives Isakson of the 21st, Thompson of the 20th, Aiken of the 21st, Atkins of the 21st, Clark of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the State Court of Cobb County.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 589. By Senator Perry of the 7th:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain corporate surety insur ers to guarantee certain consumer warranty agreements; to provide for related matters.
SB 618. By Senators Olmstead of the 26th, Kidd of the 25th, Harris of the 27th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner; to define certain terms; to provide for certain prompt payment methods.

2008

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 360. By Senator Starr of the 44th: A resolution creating the Joint Study Committee on Aging.
SR 418. By Senator Bowen of the 13th: A resolution supporting the Georgia Public Safety Memorial.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 1021. By Representatives Twiggs of the 4th, Jackson of the 9th, Colwell of the 4th, Bargeron of the 108th and Athon of the 57th: A resolution supporting the Georgia Public Safety Memorial.
The following resolutions of the Senate were introduced, read the first time and re ferred to committee:
SR 487. By Senators Hudgins of the 15th and Timmons of the llth: A resolution urging the governing authority of Chattahoochee County to desig nate the county library as the Juliette Patterson Library.
Referred to Committee on Rules.
SR 490. By Senators McGill of the 24th, Echols of the 6th, Kennedy of the 4th and others: A resolution urging Japan Tobacco, Inc., to purchase high-quality Georgia to bacco during the 1988 tobacco marketing season.
Referred to Committee on Rules.
SR 491. By Senator Barker of the 18th: A resolution urging the Georgia Peace Officer Standards and Training Council to include juvenile law and other children and youth related education in its annual mandated in-service training curriculum for law enforcement personnel.
Referred to Committee on Rules.
SR 495. By Senators Huggins of the 53rd, Fincher of the 54th, Hine of the 52nd and others: A resolution urging the Department of Transportation to designate the Forest Hays, Jr., Memorial Highway.
Referred to Committee on Rules.
SR 497. By Senators Harrison of the 37th, Newbill of the 56th, Ragan of the 32nd and Barnes of the 33rd: A resolution creating the Senate Cobb County Study Committee.
Referred to Committee on Rules.
SR 499. By Senator Barker of the 18th: A resolution urging the creation of the Houston County Commission on Children and Youth.
Referred to Committee on Rules.

FRIDAY, MARCH 4, 1988

2009

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1729. Do pass by substitute. HB 1846. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 476. Do pass.

SR 485. Do pass.

SR 481. Do pass.

HR 979. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1872. Do pass as amended.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1815. Do pass as amended.

HB 1911. Do pass.

HB 1882. Do pass.

HB 1912. Do pass.

HB 1890. Do pass.

HB 1917. Do pass.

HB 1903. Do pass.

HB 1918. Do pass.

HB 1904. Do pass.

HB 1920. Do pass.

HB 1905. Do pass.

HB 1780. Do pass.

HB 1906. Do pass.

HB 1913. Do pass by substitute.

HB 1907. Do pass.

HB 1849. Do pass as amended.

HB 1908. Do pass.

HB 1901. Do pass.

HB 1910. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

2010

JOURNAL OF THE SENATE

The following resolutions and bills of the Senate and House were read the second time:
SR 476. By Senators Taylor of the 12th, Hudgins of the 15th, Ragan of the 10th and others: A resolution requesting the Senate Committee on Economic Development and Tourism to study the feasibility of granting certain deductions for income tax purposes with respect to payments to minority subcontractors pursuant to con tracts made by counties, municipalities and local boards of education.
SR 481. By Senators Ragan of the 10th, Echols of the 6th, Ray of the 19th and others: A resolution urging the Department of Human Resources to require a farm acci dent module as part of the training for emergency medical technicians in rural

SR 485. By Senators Howard of the 42nd, Stumbaugh of the 55th, Burton of the 5th and others:
A resolution commending the DeKalb Teenage Pregnancy and Parenting Project (TAPP).
HB 1729. By Representatives Edwards of the 112th, Triplett of the 128th, Dixon of the 151st and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to make it unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the Department of Revenue and unless such activity is carried on at an established place of business.
HB 1846. By Representatives Pannell of the 122nd and Childers of the 15th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, so as to authorize the Compos ite State Board of Medical Examiners to require applicants for licensure to at tend a seminar as a condition to the issuance of a license.
HR 979. By Representative Reaves of the 147th and others:
A resolution urging Japan Tobacco, Inc., to purchase high-quality Georgia to bacco during the 1988 tobacco marketing season.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bowen rBB, urarnt,onnon Crumbley Dawkins Deal
Echols
Edge

Engram Fincher Foster Harris Huggins TJKJo-ehnnnseodniy Kidd Langford McGill
McKenzie
Newbill

Olmstead Ragan of 10th Ragan of 32nd Rav Shumake _oct. arr la1* Taylor Timmons
Tysinger
Walker

FRIDAY, MARCH 4, 1988

2011

Those not answering were Senators:

Barnes Broun Bryant Coleman Coverdell Dean English

Garner Gillis Harrison Hine Howard Hudgins Land

Peevy Perry Phillips Scott of 2nd Scott of 36th Stumbaugh Turner

Honorable Nathan Deal, Senator of the 49th District, served as chaplain of the day today.

The following resolutions of the Senate and House were read and adopted:

SR 488. By Senator Stumbaugh of the 55th: A resolution commending Mark Pope.

SR 489. By Senator Stumbaugh of the 55th: A resolution commending Scott Stavron.

SR 492. By Senator Howard of the 42nd: A resolution expressing sympathy regarding the passing of Honorable Jack Ray.

SR 493. By Senators Scott of the 2nd, Coleman of the 1st and Bryant of the 3rd:
A resolution recognizing the Brownsville Baptist Church on the occasion of its centennial anniversary.

SR 494. By Senators Scott of the 2nd, Coleman of the 1st and Bryant of the 3rd:
A resolution recognizing and commending the United Way of the Coastal Empire on the occasion of its fiftieth anniversary.

SR 496. By Senators Huggins of the 53rd, Brannon of the 51st and Garner of the 30th: A resolution commending Mr. Stacey Searles.

SR 498. By Senator Howard of the 42nd:
A resolution expressing sympathy regarding the passing of Mary Caroline Lee Mackay.

HR 1021. By Representatives Twiggs of the 4th, Jackson of the 9th, Colwell of the 4th and others:
A resolution supporting the Georgia Public Safety Memorial.

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
March 4, 1988 THIRTY-NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

*HB 1815 Peevy, 48th

2012

JOURNAL OF THE SENATE

Phillips, 9th Gwinnett County Creates new Board of Commissioners. (Amendment)
HB 1882 Garner, 30th Baldwin, 29th City of Mt. Zion Carroll County Provides for corporate limits of city.
HB 1890 Deal, 49th Newbill, 56th Forsyth County Changes compensation of chairman of Board of Commissioners.
HB 1903 Phillips, 9th Peevy, 48th Gwinnett County
Dawkins, 45th Walton County Provides for corporate limits of city of Loganville; provides for powers of city; provides for form and method of government of city; provides for administra tion of city affairs; provides for municipal court.
HB 1904 Hine, 52nd Floyd County Changes amount of exemption and income limits for qualification for such exemption.
HB 1905 Hine, 52nd City of Rome Floyd County Increases amount of exemption and income limits for qualification for such exemption.
HB 1906 Foster, 50th Towns County Changes provisions relating to compensation of judge of Probate Court.
HB 1907 Foster, 50th Rabun County Changes provisions relating to purchases by Board of Commissioners.
HB 1908 Foster, 50th Towns County Changes provisions relating to compensation of judge of Probate Court for serving as chief magistrate.
HB 1910 Ray, 19th City of Hazlehurst Jeff Davis County Provides for an advisory referendum election to be held in the city for the

FRIDAY, MARCH 4, 1988

2013

purpose of ascertaining whether or not the authorization of sales of beer and
wine within the corporate limits of the city is preferred by the electors of such city.

HB 1911 Baldwin, 29th Heard County
Changes compensation of chief magistrate; provides an effective date.

HB 1912 Barnes, 33rd Harrison, 37th Newbill, 56th Ragan, 32nd Cobb County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods.

HB 1917 Foster, 50th White County
Provides a homestead exemption from all county school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over.

HB 1918 Foster, 50th White County
Provides homestead exemption from all county ad valorem taxes other than county school district taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of county who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over.

HB 1920 Timmons, llth Stewart County
Creates Stewart County Water and Sewerage Authority; provides for a short title; provides for the membership of the authority and its rules, quorum, organization, meetings, and vacancies thereon; provides for members of the authority and their appointment, terms, qualifications, and expenses; pro vides for definitions.

HB 1780 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Newbill, 56th Fulton County
Creates a county-wide library system in county; reconstitutes the member ship of the library board of trustees.

*HB 1849

Engram, 34th Langford, 35th Scott, 36th Tate, 38th

2014

JOURNAL OF THE SENATE

Shumake, 39th Coverdell, 40th Newbill, 56th Pulton County
Creates the Atlanta Market for Georgia Farm Products Authority; provides for short title. (Amendment)

HB 1901 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Provides that designation of special districts for transit services shall not pro hibit provision of contract or charter bus service by the Chatham Area Transit Authority.

*HB 1913

Edge, 28th City of Griffin Spalding County
Further defines, prescribes, and enlarges the powers and duties of the GriffinSpalding County Development Authority and further regulates the manage ment and conduct thereof; changes the membership of the Authority; pro vides for appointment of additional members and their terms. (Substitute)

The amendments to the following bills were put upon their adoption:

*HB 1815:

The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1815 by striking on line 5 of page 7 the following: "$43,000.00", and inserting in lieu thereof the following: "50,000.00".

On the adoption of the amendment, the yeas were 38, nays 2, and the amendment was adopted.

*HB 1849:

The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1849 by striking the word "five" where it appears in line 25 on page 2 and inserting in lieu thereof the word "seven".
By adding immediately following the word and period "Council." in line 30 on page 2 the following:
"One member shall be a citizen of Fulton County elected by majority vote of the mem bers of the Georgia House of Representatives whose representative districts lie wholly or partially within Fulton County. One member shall be a citizen of Fulton County elected by a majority vote of the members of the Georgia Senate whose senatorial districts lie wholly or partially within Fulton County. The chairperson of the Fulton County delegation in the House of Representatives and the chairperson of the Fulton County Senate delegation shall each call a meeting of their respective delegations to elect such members."
By striking the word "three" where it appears in line 9 on page 3 and inserting in lieu thereof the word "five".

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2015

On the adoption of the amendment, the yeas were 38, nays 2, and the amendment was adopted.
The substitute to the following bill was put upon its adoption:
*HB 1913:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1913:
A BILL
To be entitled an Act to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the manage ment and conduct thereof, said authority having been created pursuant to an amendment to the Constitution of Georgia of 1945 (Ga. L. 1962, p. 945), which amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof and continued in effect pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia of 1983 by an Act approved March 18, 1985 (Ga. L. 1985, p. 3845), and having been previously amended particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4151); to change the membership of the authority; to provide for the appointment of additional members and their terms of office; to provide for quorums; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Pursuant to the authority granted in Paragraph N of that amendment to the Constitution of Georgia of 1945 (Ga. L. 1962, p. 945), which amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof and continued in effect pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia of 1983 by an Act approved March 18, 1985 (Ga. L. 1985, p. 3845), and having been previously amended particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4151), the management and conduct of the authority is further regulated by striking Paragraph B, which reads as follows:
"B. The Authority shall consist of nine members. The Chairman of the Board of Com missioners of the City of Griffin, the Chairman of the Board of Commissioners of Spalding County, Georgia, and the Executive Director of the Griffin-Spalding County Chamber of Commerce shall be members of the Authority, or if the Chairman of either or both Boards of Commissioners shall elect to do so, he may appoint another member of his Board of Commissioners to serve in his stead, such appointment to be during the tenure of and at the pleasure of the Chairman. In addition, the Board of Commissioners of the City of Griffin shall appoint three members for terms of three years each and the Board of Commissioners of Spalding County shall appoint three members for terms of three years each. As the terms of office of the existing four appointed Authority members expire, the Board of Commis sioners of Spalding County, Georgia, shall appoint a member to fill the term expiring De cember 31, 1978, and the Board of Commissioners of the City of Griffin shall appoint mem bers to fill the terms expiring December 31, 1979, December 31, 1980, and December 31, 1981. In addition, the Board of Commissioners of Spalding County shall appoint the two new members to three-year terms except that such terms shall initially expire on December 31, 1979, and on December 31, 1980, respectively. Thereafter, appointed members shall each be appointed for three-year terms by the respective Board of Commissioners and vacancies for each unexpired term shall be refilled by the respective Board of Commissioners. Ap pointed members shall be eligible for reappointment. Five of the nine members shall consti tute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to Act.",

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and inserting in lieu thereof a new Paragraph B to read as follows:
"B. The authority shall consist of 12 members. The chairman of the Board of Commis sioners of the City of Griffin, the chairman of the Board of Commissioners of Spalding County, and the executive director of the Griffin-Spalding County Chamber of Commerce shall be members of the authority or, if the chairman of either or both boards of commis sioners shall elect to do so, the chairman may appoint another member of his board of commissioners to serve in his stead, such appointment to be during the tenure and at the pleasure of the chairman. In addition, the Board of Commissioners of the City of Griffin shall appoint four members for terms of three years each and the Board of Commissioners of Spalding County shall appoint four members for terms of three years each, except as provided in this Paragraph. The six appointed authority members in office on March 1, 1988, shall serve for the remainder of the terms to which they were appointed, with the term of one such member appointed by the Board of Commissioners of the City of Griffin expir ing on December 31 of each year and the term of one such member appointed by the Board of Commissioners of Spalding County expiring on December 31 of each year. In addition to such six appointed members, the Board of Commissioners of the City of Griffin shall ap point one additional member, the Board of Commissioners of Spalding County shall appoint one additional member, and one additional member shall be appointed jointly by the Board of Commissioners of the City of Griffin and the Board of Commissioners of Spalding County. Such additional three members shall have initial terms of office beginning immedi ately upon their appointment and expiring December 31, 1990. Thereafter, appointed mem bers shall each be appointed for three-year terms by the respective board of commissioners and vacancies for each unexpired term shall be filled by the respective board of commission ers. Appointed members shall be eligible for reappointment. Seven of the 12 members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 2, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon
Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Fincher Foster Harris
Hudg.ins Huggms Kennedy Kidd Land Langford McGill McKenzie Olmstead

Perry Phillips Ragan of 10th Ragan of 32nd
Scott of 36th Starr ,,, ,lal* lavlor Timmons Turner Tysinger Walker

Voting in the negative were Senators Engram and Newbill.

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2017

Those not voting were Senators:

Allgood Barnes Bgorowuenn
English Garner

Gillis Harrison uHi. ne
Howard Johnson

Peevy Ray S,, cott of,. 02nd,
Shumake Stumbaugh

On the passage of all the local bills, the yeas were 38, nays 2.

All the bills on the Senate Local Consent Calendar, except HB 1815, HB 1849 and HB 1913, having received the requisite constitutional majority, were passed.

HB 1815 and HB 1849, having received the requisite constitutional majority, were passed as amended.

HB 1913, having received the requisite constitutional majority, was passed by substitute.

Senator Newbill of the 56th gave notice that, at the proper time, she would move that the Senate reconsider its action in passing HB 1849 and HB 1780 as listed on the Senate Local Consent Calendar today.

The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 9:45 o'clock A.M. today.

SENATE RULES CALENDAR
Friday, March 4, 1988
THIRTY-NINTH LEGISLATIVE DAY
SR 421 Litter Control Laws--urge Governor encourage intensification (Rules--42nd)
SR 461 Health Care Certificate of Need Study Committee--create (Rules--25th)
SR 462 Children's Trust Fund--relative to (C&Y--18th) SR 463 Young Americans Act of 1987--relative to passage (C&Y--18th) SR 469 Quality Basic Education--urge Governor's task force to review program weights
(Ed--50th) SR 470 Children and Youth Economic Development Study Committee--relative to
(C&Y--18th) HB 1701 Marriage, Family Therapy Licensure--law degree as educational requirement
(Substitute) (S Judy--26th) HB 1250 Wills--renunciations of successions to interest in property (Substitute)
(Judy--49th) HB 1748 Insurance--regulate long-term care insurance policies (Substitute) (Ins--14th) HB 1848 Alcoholic Beverage Sale on Sunday--certain entertainment districts (C
Aff--36th) HB 1415 Georgia Taxes--revise provisions (Amendment) (B&F--45th) HB 1413 Nonprofit Contractor Doing Business with State--audits (Amendment)
(I&L--15th) HB 1281 AIDS--police powers to deal with (Substitute) (Hum R--42nd) HB 1627 Prisoner Under Death Sentence--delivery as witness (Judy--49th) HB 1743 Marked Law Enforcement Vehicle--no permit for blue light (Amendments) (Pub
S--27th) (Pursuant to SENATE Rule 143, final passage of the bill was suspended.)

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HB 376 Publicly Funded Retirement, Life Insurance--spouse beneficiary, notify if changed (Substitute) (Ret--40th)
HB 1357 County Civil Service System--local constitutional amendment (U&CA G--49th)
HB 1794 Oysters and Clams--repeal mandatory but provide closed seasons (Substitute) (Nat R--3rd)
HB 1494 Insurer--report statistics through certain agencies (Substitute) (Ins--17th)
HB 1689 Corrections Department--facility construction prohibitions (Corr--36th)
HB 1691 Stadium Construction--for use in connection with World Congress Center (Sub stitute) (Amendments) (Approp--33rd)
HB 1785 County Taxes--provisions on food purchase for schools (B&F--15th)
HB 1611 American or Hickory Shad--limits (Substitute) (Nat R--20th)
HB 1308 National Guard Retired--distinctive license plate (Trans--33rd)
HB 337 Public Utilities--revise ad valorem tax provisions (B&F--15th)
HB 1539 Quality Basic Education--stipends for participation in professional development programs (Substitute) (Ed--19th)
HB 1363 Child Placing Agency Placing Special Needs Child--payments to (C&Y--5th)
HB 1284 Automatic Dialing Equipment--unlawful to solicit calls to certain numbers (Sub stitute) (Pub U--28th)
HB 1030 Motor Vehicle Insurance--Commissioner approve certificates of self-insurance (Ins--55th)
HB 1403 Education--place post-secondary vocational education in separate article (Sub stitute) (Ed--33rd)
HB 1404 Quality Basic Education--editorial changes and corrections (Substitute) (Amendment) (Ed--33rd)
HB 1543 Surface, Ground Water for Farm Use--permits (Nat R--20th)
HB 1557 Adult Declared Incapacitated--requirements on guardianship (Substitute) (Judy--29th)
HB 1189 County Boards of Family, Children Services--nominees (Hum R--26th)
HB 1629 Bus Passenger Safety Act--apply to railroad and rapid transit systems (Pub S--26th)
HB 1647 Game and Fish Violations--probate courts try certain ones (Substitute) (Judy--49th)
HB 1392 Bad Check Issuance--form of notice (S Judy--45th)
HB 1605 Consumers' Utility Counsel--no automatic repeal of Code chapter (Pub U--19th)
HB 1752 Minor Employment During Summer--law maintenance care (Substitute) (C&Y--15th)
HB 1732 Interment of Deceased Indigent--change provisions (Judy--51st)
HB 1240 Teacher Unused Sick Leave--program weights as funds for payment (Ed--50th)
HB 908 Intangible Recording Tax--no limit on maximum amount (Substitute) (B&F--15th)
HB 1619 Practice of Psychology--license requirements (Hum R--52nd)
HB 1273 Dangerous Dog--regulations (Substitute) (Judy--7th)
HB 1395 Managerial Control Over Acquisition of Professional Services--exemption (Pub U--2nd)

FRIDAY, MARCH 4, 1988

2019

HB 1714 Public School Professional Personnel--fees for certification (Ed--50th)
HB 71 Safety Belts--class required to use child passenger restraining system (Amend ment) (Trans--27th)
HB 1278 County Boards of Equalization--selection (B&F--45th)
HB 1280 Tax Execution--unlawful for tax official to pay for transfer (Substitute) (B&F--45th)
HB 1531 Grand Jury--repeal provisions on list of hinderers to sheriff (Judy--49th)
HB 1349 Board of Pharmacy--continue, later terminate (Substitute) (Gov Op--25th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 421. By Senator Howard of the 42nd:
A resolution urging the Governor to encourage the law enforcement officers and agencies of this state and its political subdivisions to intensify their enforcement of the litter control laws of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon
Broun Bryant BCoulretomnan
Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher
Foster Gilhs HHoarwriasrd
Huggins Kidd Land McGill Newbill Olmstead

Perry Phillips Ragan of 10th Ragan of 32nd
Shumake gtarr S,, tumb, aug,h
late Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Bowen Garner Harrison

Hine Hudgins Johnson Kennedy Langford

McKenzie Peevy Ray Scott of 2nd Scott of 36th

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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SR 461. By Senator Kidd of the 25th: A resolution creating the Health Care Certificate of Need Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harris Howard Hudgins Huggins Kennedy Kidd Land Langford McGill Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Bowen Garner

Harrison Hine Johnson McKenzie

Peevy Ray Scott of 2nd

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 462. By Senator Barker of the 18th: A resolution relative to the Children's Trust Fund.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon Broun Burton Coleman Coverdell Crumbley Deal

Dean Echols Edge English Engram Fincher Foster Gillis Harris Howard

Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill Newbill Olmstead

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2021

Perry Phillips Ragan of 10th Ragan of 32nd

Scott of 36th Starr
Stumbaugh Tate

Taylor Timmons Tysinger Walker

Those not voting were Senators:

Allgood Barnes Bowen Bryant Dawkins

Garner Harrison Hine McKenzie Peevy

Ray Scott of 2nd Shumake Turner

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 463. By Senator Barker of the 18th: A resolution relative to passage of the Young Americans Act of 1987.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Burton Coleman Coverdell Deal Dean Edge English Engram

Fincher Foster Gillis Harris Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Bryant Crumbley Dawkins Echols

Garner Harrison Hine Howard McKenzie

Peevy Ray Scott of 2nd Starr Timmons

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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SR 469. By Senators Foster of the 50th and Deal of the 49th:
A resolution urging the Governor's task force to review program weights under the Quality Basic Education Formula to review the need for certain essential counseling services.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barne8
Bwen rannon
Coleman Coverdell Crumbley Deal Dean Echols

Edge English Engram Fincher Gillis
Harris Howard
Huggins Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd
Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner

Those not voting were Senators:

Bryant FDoaswtekrins Garner Harrison

Hine Hudgins McKenzie Ray

Scott of 2nd Starr Tysmger Walker

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 470. By Senator Barker of the 18th:
A resolution relative to the Children and Youth Economic Development Study Committee created by the Southern Legislators Conference on Children and Youth.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon

Bryant Burton Coleman Coverdell Crumbley

Dawkins Deal Dean Echols Edge

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2023

Engram Fincher F?s!er G""8. Sins
Muggins
Johnson Kennedy Kidd

Land Langford McGill Newbill Olmstead
Peeyy
Perry Phillips Ragan of 10th

Ragan of 32nd Scott of 36th Shumake Stumbaugh Tate
Taylor
Timmons Turner Walker

Those not voting were Senators:

Barker BBorowuenn English Garner

Harrison Hine
Howard McKenzie

Ray Scott of 2nd
Starr Tysinger

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

SB 608. By Senators Engram of the 34th, Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to provide that the resurfacing, restriping, or repainting of a parking facility shall be classified as a renovation; to provide for standards for certain handicapped parking spaces.

The House substitute to SB 608 was as follows:

A BILL
To be entitled an Act to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to provide that the resurfacing, restriping, or repainting of a parking facility shall be classified as a renovation; to provide for standards for certain handicapped parking spaces; to add a provision relating to enforcement of the chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, is amended by striking the period at the end of subparagraph (B) of paragraph (7) of Code Section 30-3-2, relating to definitions, and inserting in its place a semicolon and by adding a new subpara graph (C) to read as follows:
"(C) The resurfacing, restriping, or repainting of any parking facility, whether or not such resurfacing, restriping, or repainting is required to have a permit from the appropriate political subdivision."
Section 2. Said chapter is further amended by striking Code Section 30-3-3, relating to applicable standards and specifications for making buildings and facilities accessible to

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handicapped persons, and inserting in its place a new Code Section 30-3-3 to read as follows:
"30-3-3. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, but before July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1980 or A117.1-1986 for mak ing buildings and facilities accessible to and usable by physically handicapped people except as otherwise provided in paragraph (6) of Code Section 30-3-2; and all government build ings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handi capped people except as otherwise provided in paragraph (6) or subparagraph (C) of para graph (7) of Code Section 30-3-2; provided, however, that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University Sys tem of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is imprac tical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written rec ord shall be made by the Safety Fire Commissioner or, where applicable, the board of re gents or the local governing authority having jurisdiction over the buildings in question, setting forth the reasons why it is impractical for the person subject to this chapter to com ply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be re sponsible for making a final determination as to whether or not an exemption shall be granted."
Section 3. Said chapter is further amended by striking Code Section 30-3-4, relating to specific amenities to be provided with regard to physically handicapped persons, and in serting in its place a new Code Section 30-3-4 to read as follows:
"30-3-4. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped individuals, except as otherwise provided in para graph (6) and subparagraph (C) of paragraph (7) of Code Section 30-3-2 and except that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels and, without limiting the generality of the foregoing, shall provide the following amenities for handicapped persons, as appropriate:
(1) Accessible parking spaces in a reasonable number of which not less than 30 percent of or a minimum of one, whichever is greater, shall have an aisle width in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2);
(2) Accessible entrances in a reasonable number;
(3) Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a reason able number; and
(4) Accessible seating, tables, and work surfaces in a reasonable number."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section

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2025

30-3-4.1, relating to parking lot spaces for handicapped persons, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction after July 1, 1987, shall include at least one parking space for handicapped persons accessible to a passenger van having an overall height not exceeding 108 inches, with additional side-loading mechanism clearance in com pliance with American National Standards Institute specifications A117.1-1986 (A4.6.2); and each such parking space shall be at a grade not exceeding 2 percent and shall not require the use of an unattended fare gate mechanism which blocks access to or exit from such space unless gate-opening mechanisms are provided at a height accessible to a van driver."
Section 5. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 30-3-5, relating to administration and enforcement of the chapter, and substi tuting in lieu thereof the following:
"(f) (1) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substitutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings.
(2) No person, firm, or corporation shall be subject to a complaint for not complying with the provisions of subparagraph (C) of paragraph (7) of Code Section 30-3-2 unless 90 days have passed since such person, firm, or corporation has been notified by certified mail of the alleged violation of the provisions of subparagraph (C) of paragraph (7) of Code Sec tion 30-3-2. Such notification shall include a warning of an impending complaint if the al leged violation is not corrected before the expiration of the 90 day warning period. The 90 day warning period shall not apply to any structure or facility other than parking lots nor to a2n."y part of this chapter other than subparagraph (C) of paragraph (7) of Code Section 30-3-
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Engram of the 34th moved that the Senate agree to the House substitute to SB 608.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Harris Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger Walker

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Those not voting were Senators:

Bowen
Garner Harrison

Hine
McKenzie Scott of 2nd

Starr Stumbaugh

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 608.

SB 640. By Senators Barker of the 18th, Hudgins of the 15th, Langford of the 35th and others:
A bill to amend Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee.

The House substitute to SB 640 was as follows:

A BILL
To be entitled an Act to amend Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) Each of the following agencies of the county shall designate a representative to serve on the committee:
(A) The office of the sheriff;
(B) The county department of family and children's services; (C) The office of the district attorney; (D) The juvenile court; (E) The magistrate court; (F) The county board of education; (G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county police department; and (1) The office of the chief of police of the largest municipality in the county. (2) In addition to the representatives serving on the committee as provided for in para graph (1) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Barker of the 18th moved that the Senate agree to the House substitute to SB 640.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

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2027

Brannon Bryant Burton Coleman Coverdell Crumbley
S j)ean
Edge English Engram Fincher Foster

Gillis Harris Hine Howard Hudgins Huggins
Johnson Kennedy Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 36th Shumake Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun Garner Harrison

McKenzie Scott of 2nd

Starr Tate

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 640.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1701. By Representative Randall of the 101st:
A bill to amend Code Section 43-7A-13 of the Official Code of Georgia Anno tated, relating to requirements for licensure in marriage and family therapy, so as to provide that a law degree meets the educational requirements for licensure.
Senate Sponsor: Senator Olmstead of the 26th.

The Senate Committee on Special Judiciary offered the following substitute to HB 1701:

A BILL
To be entitled an Act to amend Code Section 43-7A-13 of the Official Code of Georgia Annotated, relating to requirements for licensure in marriage and family therapy, so as to provide that a law degree and certain experience and supervision shall meet the educational requirements for licensure; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-7A-13 of the Official Code of Georgia Annotated, relating to requirements for licensure in marriage and family therapy, is amended by striking said Code section in its entirety and substituting in lieu thereof the following:
"43-7A-13. The education, experience, and training requirements for licensure in mar riage and family therapy are as follows:
(1) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution and, after July 1, 1987, shall include a course of study in the principles and practice of marriage and family therapy; four

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years' full-time post-master's experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the master's degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy;
(2) A doctorate degree in a program, which degree and program shall meet the require ments of paragraph (1) of this Code section; two years' full-time post-master's experience under direction in the practice of marriage and family therapy, one year of which may have been in an approved internship program; and 100 hours of supervision in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program; or
(3) A law degree and four years full-time post law degree experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the law degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy. This subsection will expire January 1, 1989."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Brannon

Foster Garner Gillis
Hams Hine Howard

Olmstead Peevy Perry
Ragan of 32nd j^ay oScottlt. oef 2onjd

Coleman Coverdell Echols
English Engram Fincher

Kennedy Kidd Land
Langford McGill Newbill

Shumake starr Stumbaugh
Taylor Turner Tysinger

Those voting in the negative were Senators:

Crumbley Deal Dean

Edge Johnson

Ragan of 10th Timmons

Those not voting were Senators:

Bowen Bryant Dawkins

Harrison McKenzie Phillips

Tate Walker

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2029

On the passage of the bill, the yeas were 41, nays 7.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1250. By Representatives Porter of the 119th, Thomas of the 69th, Pettit of the 19th, Robinson of the 96th and Lawson of the 9th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to change provisions relating to renunciations of successions to interests in property to clarify the breadth of the description of interests in property that may be renounced and the persons who may renounce them; to provide a definition of the term "interest in property".
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Judiciary offered the following substitute to HB 1250:
A BILL
To be entitled an Act to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to change the provisions relating to renunciations of successions to interests in property; to clarify the breadth of the descrip tion of interests in property that may be renounced and the persons who may renounce them; to provide a definition of the term "interest in property"; to extend the time in which a minor may renounce an interest in property; to provide that an attempted renunciation shall operate as a transfer of the interest in property; to clarify that Code Section 53-2-115 does not alter the duties or responsibilities of a fiduciary; to provide that precatory expres sions in a renunciation shall have no legal effect; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, is amended by striking Code Section 53-2-115, relating to renunciation of succession to interests in property, and inserting in lieu thereof a new Code Section 53-2-115 to read as follows:
"53-2-115. (a) Any person to whom an interest in property is transferred, or who suc ceeds to an interest in property by contract or by operation of law, or any fiduciary acting on behalf of such person may renounce in whole or in part the succession to any property or interest therein by filing a written instrument within the time and at the place provided in subsection (b) of this Code section. For purposes of this Code section, the term 'interest in property' includes any powers over or rights with respect to such property. The instrument shall:
(1) Describe the property or part thereof or interest therein renounced;
(2) Be signed by the person renouncing; and
(3) Declare the renunciation and the extent thereof.
(b) The writing specified in subsection (a) of this Code section must be filed within nine months after the date the interest in property is transferred or within 12 months of the transfer if the transferee is a ward and a guardian has been appointed at the time of the transfer, or, if the taker of the property is not then finally ascertained, but in no event later than nine months after the event by which the taker or the interest is finally ascertained. The writing must be filed in the court of the county in which proceedings concerning the decedent's estate are pending or in which they would be pending if commenced if the trans feror is deceased and in the county in which the real property is located if such transfer is a transfer of real property. A copy of the writing shall also be mailed to the transferor or to the personal representative of the decedent if the transferor is deceased.
(c) Unless the decedent or donee of the power has otherwise indicated by his will, the

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interest renounced and any future interest which is to take effect in possession or enjoyment at or after the termination of the interest renounced shall pass as if the person renouncing had predeceased the decedent or, if the person renouncing is one designated to take pursu ant to a power of appointment exercised by a testamentary instrument, as if the person renouncing had predeceased the donee of the power. In every case the renunciation relates back for all purposes to the date of death of the decedent or the donee, as the case may be.
(d) The following shall bar the right to renounce as to the property:
(1) Any assignment, conveyance, encumbrance, pledge, or transfer of property therein or any contract therefor;
(2) Any written waiver of the right to renounce or any acceptance of property by a transferee; or
(3) Any sale or other disposition of property pursuant to judicial process, made before the expiration of the period in which he or she is permitted to renounce.
(e) The right to renounce granted by this Code section exists irrespective of any limita tion in the nature of a spendthrift provision or similar restriction on the interest of the person renouncing.
(f) This Code section does not abridge the right of any person to assign, convey, release, or renounce any property arising under any other Code section or any other statute.
(g) A renunciation that fails to meet the requirements of this Code section shall operate as a transfer of the interest in property to those persons who would have received such interest in property if the renunciation had met the requirements of this Code section.
(h) Nothing in this Code section shall be deemed to alter the duties or responsibilities of any fiduciary.
(i) Any expression of intent or desire in a renunciation by the person renouncing as to the disposition of the renounced interest in property shall, unless specifically declared to be a condition of such renunciation, be considered merely precatory and shall have no legal effect.
(j) Any interest in property which existed on March 27, 1972, but which had not then become indefeasibly fixed both in quality and quantity, or the taker of which had not then become finally ascertained, may be renounced as provided in this Code section. An interest which arose prior to March 27, 1972, in any person other than the person renouncing is not destroyed or diminished by any action of the person renouncing taken under this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun

Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner

FRIDAY, MARCH 4, 1988

2031

Gillis Harris Hudgins
JHouh,Sn*sionn8 Kennedy Kidd Land
Langford

McGill Newbill Olmstead
lPeerervyy Ragan of 10th Ragan of 32nd Ray
Scott of 2nd

Scott of 36th Shumake Starr
Stumbaugh
late Taylor Timmons Turner

Those not voting were Senators:

Bowen Bryant Harrison

Hine Howard McKenzie

Phillips Tysinger Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Albert of the 23rd introduced the doctor of the day, Dr. Joseph P. Bailey, of Augusta, Georgia.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and Johnson of the 47th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis lative purpose and intent; to provide a definition; to provide, under certain cir cumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.

The House substitute to SB 435 was as follows:

A BILL
To be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for defi nitions; to provide, under certain circumstances, that certain records are open to the public and certain records are not open to the public; to provide for certain privileges and statu tory exceptions; to provide for copying fees and costs; to provide for civil and criminal en forcement; to provide for judicial powers and remedies and exceptions thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, is amended by striking Code Section 50-18-70, relating to inspection of records, generally, and inserting in lieu thereof a new Code section to read as follows:
"50-18-70. (a) As used in this article, the term:
(1) 'Public record' shall mean all documents, papers, letters, maps, books, tapes, photo graphs, or similar documentary material prepared and required to be maintained or received in the course of the operation of a public office or agency.

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(2) 'County' or 'municipal' records includes the public records of:
(A) The governing authority of every county, municipal corporation, school district, or other political subdivision of this state;
(B) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; and
(C) Every city, county, regional, or other authority established pursuant to the laws of this state.
(3) 'State' records includes the public records of every state department, agency, board, bureau, commission, and authority.
(b) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.
(c) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days."
Section 2. Said article is further amended by striking Code Section 50-18-71, relating to copies of public records, and inserting in lieu thereof a new Code section to read as follows:
"50-18-71. (a) In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records, documents, or instruments for the purpose of making photographs of the same while in the possession, custody, and con trol of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shall be done in the room where the records, documents, or instruments are kept by law. While the work is in pro gress, the custodian may charge the person making the photographs of the records, docu ments, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work.
(b) Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply.
(c) Where no fee is otherwise provided by law, the agency may charge and collect a uniform copying fee not to exceed 25<t per page.
(d) In addition, a reasonable charge may be collected for search, retrieval, and other direct administrative costs for complying with a request under this Code section. The hourly charge shall not exceed the salary of the lowest paid full-time employee who, in the discre tion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour.
(e) An agency shall utilize the most economical means available for providing copies of public records."
Section 3. Said article is further amended by striking Code Section 50-18-72 which reads as follows:
"50-18-72. (a) This article shall not be applicable to records that are specifically re quired by the federal government to be kept confidential or to medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become

FRIDAY, MARCH 4, 1988

2033

incorporated into any medical or public health investigation, study, or report of the Depart ment of Human Resources. The identity of such informant shall not be admissible in evi dence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise.
(b) This article shall not be applicable to any application submitted to or any perma nent records maintained by a judge of the probate court pursuant to Code Section 16-11129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not pre clude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.
(c) This article shall not be applicable to any trade secrets and commercial or financial information obtained from a person or business entity which is of a privileged or confiden tial nature or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information have not been publicly released, pub lished, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.",
and inserting in lieu thereof a new Code section to read as follows:
"50-18-72. (a) Public disclosure shall not be required for records that are:
(1) Specifically required by the federal government to be kept confidential;
(2) Personnel, medical, or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy;
(3) Except as otherwise provided by law, records compiled for law enforcement or pros ecution purposes to the extent that production of such records would disclose the identity of a confidential source, disclose confidential investigative or prosecution techniques and pro cedures, endanger the life or physical safety of any person or persons, or disclose the exis tence of a confidential surveillance or investigation;
(4) Records of law enforcement, prosecution, or regulatory agencies in any pending in vestigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, accident reports, and incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated;
(5) Records that consist of confidential evaluations submitted to a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records consisting of material obtained in investigations and final actions related to the suspension, firing, or investigation of complaints against public officers or employees; and in addition, any material deemed by the agency to be unverified, scandalous, or totally without foundation may be withheld by the agency subject only to order of court that the public right to know demands production of the material and that the public right outweighs the reasons of the agency for not producing the material;
(6) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned.
(b) This article shall not be applicable to any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary na ture, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of, study or research on commercial, scientific, technical, or

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scholarly issues, whether sponsored by the institution alone or in conjunction with a govern mental body or private concern, where such data, records, or information has not been pub licly released, published, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any ath letic association or other nonprofit entity promoting intercollegiate athletics.
(c) (1) All public records of hospital authorities shall be subject to this article except for those otherwise excepted by this article and except for data, records, or information of a proprietary nature not involving:
(A) The allocation of public funds received by such authority from a county or municipality;
(B) The sale of any hospital or health care facility owned by such authority;
(C) The termination of any services previously provided in any hospital or health care facility owned by such authority; or
(D) Salary data about authority employees.
(2) All state officers and employees shall have a privilege to refuse to disclose the iden tity of any person who has furnished medical or similar information which has or will be come incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise.
(d) This article shall not be applicable to any application submitted to or any perma nent records maintained by a judge of the probate court pursuant to Code Section 16-11129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not pre clude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.
(e) This article shall not be construed to repeal:
(1) The attorney-client privilege recognized by state law to the extent that a record pertains to the requesting or giving of legal advice or the disclosure of facts concerning or pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee;
(2) The confidentiality of attorney work product; or
(3) State laws making certain tax matters confidential.
(f) This Code section shall be interpreted narrowly so as to exclude from disclosure only that portion of a public record to which an exclusion is directly applicable. It shall be the duty of the agency having custody of a record to provide all other portions of a record for public inspection or copying."
Section 4. Said article is further amended by striking Code Section 50-18-73, relating to enforcement of open records, and inserting in lieu thereof a new Code section to read as follows:
"50-18-73. The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. Absent substantial justification by the other party, the court may award to the prevailing party reasonable attorney's fees and other litigation expenses reasonably incurred in bringing or defending the action to enforce compliance with this article, in addition to such other relief as may be granted by the court."

FRIDAY, MARCH 4, 1988

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Section 5. Said article is further amended by adding at the end thereof a new Code Section 50-18-75 to read as follows:
"50-18-75. Communications between the Office of Legislative Counsel and the following persons shall be privileged and confidential: members of the General Assembly, the Lieuten ant Governor, the Governor, and persons acting on behalf of such public officers; and such communications, and records and work product relating to such communications, shall not be subject to inspection or disclosure under this article or any other law or under judicial process; provided, however, that this privilege shall not apply where it is waived by the affected public officer or officers. The privilege established under this Code section is in addition to any other constitutional, statutory, or common law privilege."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate disagree to the House substitute to SB 435.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 435.

The following resolution of the House was taken up for the purpose of considering the House action thereon:

HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others:
A resolution relative to the acquisition of certain state property in Atlanta, Fulton County, Georgia, near the World Congress Center, to provide for expan sion and a major sports complex; to provide requirement of certain guidelines for protection of the state's interest.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate amendment to HR 746.

On the motion, the yeas were 30, nays 0, and the Senate insisted upon the Senate amendment to HR 746.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1496. By Representatives Kilgore of the 42nd, Harris of the 84th, Watson of the 114th and Watts of the 41st:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to operators of billiard rooms, so as to provide that the county governing authority, rather than the tax collector or tax commissioner, shall have the power to license the operation of billiard rooms in counties.

Senator Barnes of the 33rd moved that the Senate recede from the Senate amendment to HB 1496.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barnes

Brannon Broun

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Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster Gillis

Harris Hine Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner

Those not voting were Senators:

Barker Bowen Bryant Coleman

Garner Harrison Howard Phillips

Tate Tysinger Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1496.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1748. By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of long-term care insurance policies; to provide a statement of legislative purpose.
Senate Sponsor: Senator McKenzie of the 14th.

The Senate Committee on Insurance offered the following substitute to HB 1748:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of long-term care insurance policies; to provide a statement of legislative purpose; to provide for applica bility; to provide a short title; to define certain terms; to provide for standards and required provisions of long-term care insurance policies; to provide for the right to return such poli cies under certain conditions; to provide for the adoption of rules and regulations; to pro vide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by adding immediately following Chapter 40 a new chapter, to be designated Chapter 41, to read as follows::
"CHAPTER 41
33-41-1. The purpose of this chapter is to promote the public interest, to promote the availability of long-term care insurance policies, to protect applicants for long-term care insurance as defined from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies, and to facilitate flexibility and innovation in the develop ment of long-term care insurance coverage.

FRIDAY, MARCH 4, 1988

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33-41-2. The requirements of this chapter shall apply to policies issued, delivered, or issued for delivery in this state on or after July 1, 1988. This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other applicable provisions of this title insofar as they do not conflict with this chapter, except that laws and regulations designed and intended to apply to medicare supplement insurance policies shall not be applied to long-term care insurance. A policy which is not advertised, marketed, or offered as long-term care insurance need not meet the require ments of this chapter.
33-41-3. This chapter may be known and cited as the 'Long-term Care Insurance Act.'
33-41-4. As used in this chapter, the term:
(1) 'Applicant' means:
(A) In the case of an individual long-term care insurance policy, the person who seeks to contract for such benefits; and
(B) In the case of a group long-term care insurance policy, the proposed certificate holder.
(2) 'Certificate' means any certificate issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in this state.
(3) 'Commissioner' means the Commissioner of Insurance of this state.
(4) 'Group long-term care insurance' means a long-term care insurance policy which is issued, delivered, or issued for delivery in this state and issued to:
(A) Any eligible group as defined in Code Section 33-30-1; or
(B) A group other than as described in Code Section 33-30-1, subject to a finding by the Commissioner that:
(i) The issuance of the group policy is not contrary to the best interest of the public;
(ii) The issuance of the group policy would result in economies of acquisition or admin istration; and
(iii) The benefits are reasonable in relation to the premiums charged.
(5) 'Long-term care insurance" means any accident and sickness insurance policy or rider advertised, marketed, offered, or designed primarily to provide coverage for not less than 24 consecutive benefit months or which provides coverage for recurring confinements separated by a period not to exceed six months with a minimum aggregate period of two years for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilita tive, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. Such term includes group and individual accident and sickness policies or riders whether issued by insurers, fraternal benefit societies, nonprofit hospital service cor porations, nonprofit medical service corporations, health care plans, health maintenance or ganizations, or any other similar organizations. Long-term care insurance shall not include any accident and sickness insurance policy which is offered primarily to provide basic medi care supplement coverage, basic hospital expense coverage, basic medical-surgical expense coverage, hospital confinement indemnity coverage, major medical expense coverage, disa bility income protection coverage, catastrophic coverage, comprehensive coverage, accident only coverage, specified disease or specified accident coverage, or limited benefit health coverage.
(6) 'Policy' means any accident and sickness policy, contract, or subscriber agreement or any rider or endorsement attached thereto, issued, delivered, issued for delivery, or renewed in this state by an insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care plan, health maintenance organization, or any other similar organization.

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33-41-5. No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in subparagraph (B) of paragraph (4) of Code Section 33-41-4, unless this state or another state having statu tory and regulatory long-term care insurance requirements substantially similar to those adopted in this state has made a determination that such requirements have been met.
33-41-6. (a) The Commissioner may adopt regulations that include standards for full and fair disclosure setting forth the manner, content, and required disclosures for the sale of long-term care insurance policies and for any applicable terms of renewability, initial and subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of de pendents, preexisting conditions, termination of insurance, probationary periods, limita tions, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, and definition of terms.
(b) No long-term care insurance policy may:
(1) Be canceled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder;
(2) Contain a provision establishing a new waiting period in the event existing coverage is converted to or replaced by a new policy or other form of policy within the same com pany, except with respect to an increase in benefits voluntarily selected by the insured indi vidual or group policyholder; or
(3) Provide coverage for skilled nursing care only or provide coverage for other levels of care which is unreasonably lower than the coverage provided for skilled nursing care in a facility.
(c)(l) No long-term care insurance policy or certificate shall use a definition of 'preex isting condition' which is more restrictive than the following: Preexisting condition means the existence of symptoms which would cause an ordinarily prudent person to seek diagno sis, care, or treatment, or a condition for which medical advice or treatment was recom mended by or received from a provider of health care services, within six months preceding the effective date of coverage of an insured person.
(2) No long-term care insurance policy may exclude coverage for a loss or confinement which is the result of a preexisting condition unless such loss or confinement begins within six months following the effective date of coverage of an insured person.
(3) The Commissioner may extend the limitation periods set forth in paragraphs (1) and (2) of this subsection as to specific age group categories or specific policy forms upon findings that the extension is in the best interest of the public.
(4) The definition of 'preexisting condition' shall not prohibit an insurer from using an application form designed to elicit the complete health history of an applicant and, on the basis of the answers on that application, from underwriting in accordance with that insurer's established underwriting standards. Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether it is disclosed on the application, need not be covered until the waiting period provided in paragraph (2) of this subsection expires. No long-term care insurance policy or certificate may exclude or use waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions beyond the waiting period described in paragraph (2) of this subsection.
(d) No long-term care insurance policy which provides benefits only following institutionalization shall condition such benefits upon admission to a facility for the same or re lated condition within a period of less than 30 days after discharge from the institution.
(e) The Commissioner may adopt regulations establishing loss ratio standards for longterm care insurance policies, provided that a specific reference to long-term care insurance policies is contained in the regulation.
(f) Individual long-term care insurance policyholders shall have the right to return the

FRIDAY, MARCH 4, 1988

2039

policy within 30 days of its delivery and to have the premium refunded if, after examination of the policy, the policyholder is not satisfied for any reason. Individual long-term care in surance policies shall have a notice prominently printed on the first page of the policy or attached thereto stating in substance that the policyholder shall have the right to return the policy within 30 days of its delivery and to have the premium refunded if, after examination of the policy, the policyholder is not satisfied for any reason. Long-term care insurance poli cies or certificates issued pursuant to a direct response solicitation shall have a notice prom inently printed on the first page or attached thereto stating in substance that the insured person shall have the right to return the policy within 30 days of its delivery and to have the premium refunded if, after examination of the policy of certificate, the insured person is not satisfied for any reason.
(g) An outline of coverage shall be delivered to an applicant for an individual long-term care insurance policy at the time of application for an individual policy. In the case of direct response solicitations, the insurer shall deliver the outline of coverage upon the applicant's request, but regardless of request shall make such delivery no later than at the time of policy delivery. Such outline of coverage shall comply with the applicable provisions of Code Section 33-29-13.
(h) A certificate issued pursuant to a group long-term care insurance policy, which pol icy is issued, delivered, issued for delivery, or renewed in this state, shall include:
(1) A description of the principal benefits and coverage provided in the policy;
(2) A statement of the principal exclusions, reductions, and limitations contained in the policy;
(3) A statement that the group master policy determines governing contractual provi sions; and
(4) Such other provisions as the Commissioner may reasonably require.
(i) No policy may be advertised, marketed, or offered as long-term care insurance unless it complies with the provisions of this chapter.
33-41-7. Regulations adopted pursuant to this chapter shall be in accordance with the provisions of Chapter 2 of this title."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins

Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips

2040

JOURNAL OF THE SENATE

Ragan of 32nd Ray
Scott of 2nd Scott of 36th

Shumake Starr
Stumbaugh Tate

Taylor Turner
Tysinger Walker

Those not voting were Senators:

Barker Bowen Bryant

Coleman Harrison Johnson

Ragan of 10th Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1848. By Representatives Bishop of the 94th, Benn of the 38th, Couch of the 40th and others:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain counties and municipalities.
Senate Sponsor: Senator Scott of the 36th.

Senator Shumake of the 39th offered the following amendment:
Amend HB 1848 by striking from line 20 on page 1 the figures and symbol "12:30" and substituting in lieu thereof the figures and symbol "6:00".

On the adoption of the amendment, Senator Scott of the 36th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
BBrawnennon Burton rjeai Echols English

Fincher Foster Garner
TGTi.llis Hme Hudgins Huggins Kidd

Land Perry Phillips
Rnagan of 10th ^ay , Shumake Taylor Tysinger

Those voting in the negative were Senators:

Barker Barnes Broun Bryant Coverdell Crumbley
Dawkins
Dean

Edge Engram Harris Howard Johnson Kennedy
Olmstead
Peevy

Scott of 2nd Scott of 36th Starr TMt
Timmons Turner Walker

Those not voting were Senators:

Coleman Harrison

Langford McGill

McKenzie Newbill

FRIDAY, MARCH 4, 1988

2041

Ragan of 32nd

Stumbaugh

On the adoption of the amendment, the yeas were 25, nays 23, and the amendment was adopted.

Senator Scott of the 36th moved that the Senate reconsider its action in adopting the amendment offered by Senator Shumake of the 39th.

On the motion, the yeas were 39, nays 7; the motion prevailed, and the Senate reconsid ered the amendment offered by Senator Shumake of the 39th.

On the adoption of the amendment offered by Senator Shumake of the 39th, Senator Shumake of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Brannon Burton Deal

Echols Fincher Garner Hudgins

Huggins Perry Shumake Tysinger

Those voting in the negative were Senators:

Albert Allgood Barker Barnes
roun pCCoo^lveaemnrdtaenll Crumbley Dawkins Dean Edge Engram

Foster Harris Hine Howard
Johnson KT^^de-nJdJnedy Land McKenzie Newbill Olmstead Peevy

Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SoS^ctaortrt of 36th Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Bowen English Gillis

Harrison Langford

McGill Stumbaugh

On the adoption of the amendment, the yeas were 12, nays 37, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Broun

Bryant Coleman Coverdell Dean Echols

Edge Engram Foster Harris Hine

2042

JOURNAL OF THE SENATE

Howard Hudgins Johnson Kennedy Kidd Land
McKenzie
Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd
Ray
Scott of 2nd

Scott of 36th Stumbaugh Tate Tavlor * aylor Iimmons
Turner
Walker

Those voting in the negative were Senators:

Baldwin Brannon Burton Crumbley

Deal Fincher Garner Huggins

Shumake Starr Tysinger

Those not voting were Senators:

Bowen Dawkins English

Gillis Harrison

Langford McGill

On the passage of the bill, the yeas were 38, nays 11.

The bill, having received the requisite constitutional majority, was passed.

HB 1415. By Representative Crosby of the 150th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.
Senate Sponsor: Senator Dawkins of the 45th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G.W. Hogan, State Auditor C.T. Stevens, Director, Office of Planning and Budget

DATE:

February 9, 1988

SUBJECT: Fiscal Note--House Bill 1415 (LC 14 4939) Income Tax: Incorporate Federal Law to Georgia Law

This Bill would allow the technical corrections (to the Tax Reform Act of 1986) and revenue provisions of the Omnibus Reconciliation Act of 1987 (December 22, 1987) to apply to Georgia income tax law. The Georgia Revenue Code definition of the "Internal Revenue Code of 1986" would be revised to include changes made to the Internal Revenue Code during 1987. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval and would apply to taxable years beginning on or after January 1, 1988. Provisions of the Internal Revenue Code of 1986 which were (as of

FRIDAY, MARCH 4, 1988

2043

January 1, 1988) enacted into law but are not yet effective would become effective for state taxation on the same dates upon which they became effective for federal tax purposes.
It is estimated that this Bill would increase income tax liabilities due the State by $14.1 to $20.3 million in calendar year 1988 based upon the adoption of the revised January 1, 1988 reference date. This increase would mainly come from high-income individuals and corporations; however, it should be noted that no more than ten percent of the increase would come from individuals.

/s/ G.W. Hogan State Auditor

/s/ C.T. Stevens, Director Office of Planning and Budget

Senators Barnes of the 33rd, Dawkins of the 45th and Dean of the 31st offered the following amendment:
Amend HB 1415 by adding after the semicolon on line 8 of page 1 the following:
"to provide that for purposes of Georgia income taxation, taxable net income shall not include certain social security benefits and railroad retirement benefits;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and inserting a new Section 2 to read as follows:
"Section 2. Said title is further amended in Code Section 48-7-27, relating to taxable net income of individuals, by striking the word "and" at the end of paragraph (5) of subsec tion (a), by replacing the period at the end of paragraph (6) of subsection (a) with the symbol and word "; and", and by adding at the end of subsection (a) a new paragraph (7) to describe a deduction in the computation of taxable net income and to read as follows:
'(7) Social security benefits and tier 1 railroad retirement benefits, to the extent in cluded in federal taxable income.' "

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Roy Barnes

State Senator

FROM:

G.W. Hogan, State Auditor C.T. Stevens, Director, Office of Planning and Budget

DATE:

February 26, 1988

SUBJECT: Fiscal Note--Amendment to House Bill 1415 (LC 14 4939) Amendment (AM 14 0021) Income Tax

This Bill would allow the technical corrections (to the Tax Reform Act of 1986) and revenue provisions of the Omnibus Reconciliation Act of 1987 (December 22, 1987) to apply to Georgia income tax law. The Georgia Revenue Code definition of the "Internal Revenue Code of 1986" would be revised to include changes made to the Internal Revenue Code during 1987. The amendment made to this Bill would allow recipients of Social Security and Tier One Railroad Retirement benefits to deduct these benefits from their Georgia adjusted gross income.

If enacted, this Bill would become effective upon the Governor's approval or upon be coming law without such approval and would apply to taxable years beginning on or after January 1, 1988. Provisions of the Internal Revenue Code of 1986 which were (as of January

2044

JOURNAL OF THE SENATE

1, 1988) enacted into law but are not yet effective would become effective for state taxation on the same dates upon which they become effective for federal tax purposes.
It is estimated that the original version of this Bill (LC 14 4939) would increase income tax liabilities due the State by $14.1 to $20.3 million in calendar year 1988 based upon the adoption of the revised January 1, 1988 reference date. This increase would mainly come from high-income individuals and corporations; however, it should be noted that no more than ten percent of the increase would come from individuals.
The fiscal impact of this amendment alone (AM 14 0021) would be to lower the State's 1988 income tax revenue by approximately $9.0 to $14.0 million based upon an average tax savings of approximately $147 to an estimated 78,000 Social Security and Tier One Railroad Retirement beneficiaries.
It is estimated that net fiscal impact of this Bill as amended would be to increase in come tax liabilities due the State by $0.1 to $11.3 million in calendar year 1988.

/a/ G.W. Hogan State Auditor

/a/ C.T. Stevens, Director Office of Planning and Budget

On the adoption of the amendment offered by Senators Barnes of the 33rd, Dawkins of the 45th and Dean of the 31st, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Brannon
roun BCD,-, oruayvwr*teoknrnidtn, esl1l, Deal Dean Echols Edge English Engram

Fincher Foster Garner
Harris Hine Howard
Hudgins JH-KTo,ueh,,ng6n-gn6sieond,nsy Kidd Land Langford McGill McKenzie Olmstead

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd S0SSc^htt, uaurmmrb\a.akueghu Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Crumbley

Gillis Harrison

Newbill Scott of 36th

On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, MARCH 4, 1988

2045

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Dean Echols Edge English

Engram Fincher Foster Garner Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Deal

Gillis Harrison Newbill

Scott of 36th Shumake

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1413. By Representatives Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 50-20-3 of the Official Code of Georgia Annotated, relating to required reports and agreements by nonprofit contractors who engage in business with the state, so as to preclude duplication of audits; to require fi nancial statements to include revenues and expenditures in certain instances; to increase the reporting requirements so that the required audit must be submitted annually rather than biennially.
Senate Sponsor: Senator Hudgins of the 15th.

Senator Barnes of the 33rd offered the following amendment:
Amend HB 1413 by adding after the words "state auditor" on line 12 of page 1 the following:
"; to provide that certain nonprofit contractors shall submit a financial summary and statement in lieu of a certified audit".
By striking line 33 of page 6 and inserting in lieu thereof the following:
"reporting period. Any nonprofit contractor who receives less than $25,000.00 in con tracts or grants in any year shall not be required to submit a certified audit but shall submit a financial summary and statement with such information as required by the agency ad ministering such contract or grant.' "

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

2046

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barnes Bowen BB, rraonunnon Bryant Burton Dawkins
Dean Echols Edge Engram Fincher

Foster Garner Harris
Hine
Howard
H,,udgi. ns Huggms Johnson Kennedy Kidd Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th
Ragan of 32nd
R0 ay, . c ,, , Scott <? 2nd Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman Coverdell Crumbley

English Gillis Harrison

Langford Scott of 36th Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 657. By Senators Ragan of the 32nd, Barnes of the 33rd, Newbill of the 56th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the provisions relat ing to the compensation of the clerk of the superior court and the deputy clerk of the superior court.

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 680. By Senators Newbill of the 56th, Harrison of the 37th and Ragan of the 32nd:
A bill to amend Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide an effective date.

FRIDAY, MARCH 4, 1988

2047

The House has passed by the requisite constitutional majority the following bills of the House:
HB 1922. By Representative Aiken of the 21st: A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
HB 1923. By Representative Aiken of the 21st: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1988.
The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 1001. By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th: A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation."
The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th: A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.
The Speaker has appointed on the part of the House, Representatives Childers of the 15th, Selman of the 32nd and Richardson of the 52nd.
The House insists on its position in disagreeing to the Senate amendment, and has

2048

JOURNAL OF THE SENATE

appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following resolution of the House:
HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others:
A resolution relative to certain state property.
The Speaker has appointed on the part of the House, Representatives Groover of the 99th, Lee of the 72nd and Couch of the 40th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1281. By Representatives Hooks of the 116th Richardson of the 52nd, Childers of the 15th and others:
A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, includ ing Human Immunodeficiency Virus (HIV).
Senate Sponsor: Senator Howard of the 42nd.
The Senate Committee on Human Resources offered the following substitute to HB 1281:
A BILL
To be entitled an Act to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, including Human Immunodeficiency Virus (HIV); to provide for legislative findings and intent; to provide for definitions; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to authorize mandatory and involuntary HIV testing of certain children who have committed certain delinquent acts in certain cir cumstances; to provide for reporting, recording, and disclosure of certain HIV test results and provide for victim counseling and provide for separate confinement of those children determined to be infected with HIV; to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to redefine the crime of reckless con duct to include certain conduct by HIV infected persons and provide for penalties therefor; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to general procedures for sentencing and imposition of punishment, so as to author ize mandatory and involuntary HIV testing of certain persons who have committed certain crimes and provide for conditions of suspending or probating sentences in certain circum stances; to provide for reporting, recording, and disclosures of certain HIV test results and provide for victim counseling and separate confinement of certain criminals; to amend Arti cle 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to require the Department of Human Resources to prepare and furnish cer tain brochures, HIV test site listings, and forms and require that applicants for a marriage license receive such brochures and listings and acknowledge such receipt prior to being is sued such license; to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to provide that AIDS confidential information will be confidential and prohibit certain persons or legal entities from disclosing or being compelled to disclose AIDS confidential information and provide for exceptions to that prohibition; to require certain disclosures or reporting of AIDS confi dential information and authorize other disclosures or reporting; to authorize the Depart ment of Human Resources and county boards of health to contact HIV infected persons and other persons at risk of infection from those persons for certain purposes and to require such contacting and counseling of certain persons; to provide for immunity from civil and criminal liability for certain disclosures and the failure to make certain disclosures; to pro-

FRIDAY, MARCH 4, 1988

2049

vide that certain information retains its confidential nature; to prohibit the Department of Human Resources and county boards of health from being compelled to disclose certain information contained in their records and to provide that such information shall not be a public record; to provide for criminal penalties for certain disclosures of AIDS confidential information; to provide for statutory construction; to provide for subpoenas and testimony regarding AIDS confidential information and for certain judicial proceedings to obtain that information; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for judicial procedures to require HIV testing and public health measures for HIV infection; to provide for definitions; to limit which persons or legal entities may be utilized to perform HIV tests; to prohibit the sale or offer for sale of certain HIV tests; to provide for anonymous reporting of confirmed positive HIV tests; to provide for consent, advice, and counseling regarding HIV tests and exceptions thereto; to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of penal detention generally, so as to provide for mandatory and involuntary HIV testing of certain prisoners and provide for the separate confinement of those determined to be in fected with HIV and provide for immunity in connection therewith; to provide for statutory construction; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that the State Board of Pardons and Paroles may obtain from penal institutions, and such institu tions may provide to that board, HIV test results regarding certain persons seeking relief from a sentence and authorize the board to require that persons seeking relief from a sen tence be required to submit to an HIV test; to authorize the board to consider those test results, among other factors, in determining whether or not to grant relief and to impose conditions upon the granting of such relief; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to require that human body parts or the donors thereof be tested for HIV prior to making any such part available for use in another human being; to provide for the disposition of human body parts determined to be infected with HIV and provide for notifications of such infection to donors and persons at risk from the HIV infected person; to provide for exceptions; to pro vide for penalties; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare of the people of this state. In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it. The disease is largely transmitted through sexual contacts and intrave nous drug use, not through casual contact, and, while deadly, is therefore preventable. The key component of the fight against AIDS is education. Through public education and coun seling our citizens can learn how the disease is transmitted and, thus, how to protect them selves and prevent its spread. The Department of Human Resources is encouraged to con tinue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission. In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such measures in the exercise of its police powers in order to deal with AIDS and HIV infection.
Section 2. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding following Code Section 15-11-35 a new Code section to read as follows:
"15-11-35.1. (a) Any term used in this Code section and defined in Code Section 31-229.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and

2050

JOURNAL OF THE SENATE

upon the written recommendation of the Department of Human Resources order that child to submit to an HIV test within 45 days following the adjudication of delinquency and shall mail the Department of Human Resources a copy of such order within three days following the issuance thereof.
(c) The Department of Human Resources, within 30 days following receipt of the copy of order under subsection (b) of this Code section, shall arrange for the HIV test for the child ordered to submit thereto.
(d) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Human Resources, which shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Human Resources believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test; and
(3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of chil dren, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been deter mined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined;
(B) That child is reasonably believed to be sexually predatory either during or prior to detention; or
(C) The commissioner of the Department of Human Resources reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted."
Section 3. Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct, is amended by striking that Code section and inserting in its place a new Code Section 16-5-60 to read as follows:
"16-5-60. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) A person who causes bodily harm to or endangers the bodily safety of another per son by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.
(c) A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV:
(1) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person and the HIV infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to that intercourse or sexual act;
(2) Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the other person's body and the needle or syringe so used had been previously used by the HIV infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV infected person's body and where that infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to such use;
(3) Offers or consents to perform with another person an act of sexual intercourse for

FRIDAY, MARCH 4, 1988

2051

money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to offering or consenting to perform that act of sexual intercourse;
(4) Solicits another person to perform or submit to an act of sodomy for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to soliciting that act of sodomy; or
(5) Donates blood, blood products, other body fluids, or any body organ or body part without previously disclosing the fact of that infected person's being an HIV infected person to the person drawing the blood or blood products or the person or entity collecting or storing the other body fluids, body organ, or body part,
is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years."
Section 4. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to general procedures for sentencing and imposition of punishment, is amended by adding at the end thereof a new Code section to read as follows:
"17-10-15. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Upon a verdict or plea of guilty or a plea of nolo contenders to any AIDS transmit ting crime, the court in which that verdict is returned or plea entered may in its discretion and upon written recommendation of the Department of Human Resources require the de fendant in such case to submit to an HIV test within 45 days following the date of the verdict or plea. The clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Human Resources.
(c) The Department of Human Resources, within 30 days following receipt of the notifi cation under subsection (b) of this Code section, shall arrange for the HIV test for the person required to submit thereto.
(d) Any person required under this Code section to submit to the HIV test who fails or refuses to submit to the test arranged pursuant to subsection (c) of this Code section shall be subject to such measures deemed necessary by the court in which the verdict was re turned or plea entered to require involuntary submission to the HIV test, and submission thereto may also be made a condition of suspending or probating any part of that person's sentence for the AIDS transmitting crime.
(e) If a person is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the person shall be reported to:
(1) The Department of Human Resources, which shall provide counseling to each victim of that person's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person if the Department of Human Resources believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record and that report shall be sealed by the court; and
(3) The officer in charge of any penal institution or other facility in which the person has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV."
Section 5. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, is amended by adding after Code Section 19-3-35 a new Code section to read as follows:
"19-3-35.1. (a) Any term used in this Code section and defined in Code Section 31-229.1 shall have the meaning provided for such term in Code Section 31-22-9.1.

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(b) The Department of Human Resources shall prepare a brochure describing AIDS, HIV, and the dangers, risk behaviors, and prevention measures relating thereto. That de partment shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledg ing that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the Department of Human Resources under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988.
(c) On and after October 1, 1988, each person who makes application for a marriage license shall receive from the office of the probate judge at the time of the application the AIDS brochure and listing of HIV test sites prepared and furnished pursuant to subsection (b) of this Code section. On and after October 1, 1988, no marriage license shall be issued unless both the proposed husband and the proposed wife sign a form acknowledging that both have received the brochure and listing."
Section 6. Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, is amended by adding after Code Section 24-9-40 a new Code section to read as follows:
"24-9-40.1. AIDS confidential information as defined in Code Section 31-22-9.1 and dis closed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section 24-9-47."
and is further amended by adding at the end a new Code section to read as follows:
"24-9-47. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Except as otherwise provided in this Code section:
(1) No person or legal entity which receives AIDS confidential information pursuant to this Code section or which is responsible for recording, reporting, or maintaining AIDS con fidential information shall:
(A) Intentionally or knowingly disclose that information to another person or legal en tity; or
(B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity; and
(2) No person or legal entity which receives AIDS confidential information which that person or legal entity knows was disclosed in violation of paragraph (1) of this subsection shall:
(A) Intentionally or knowingly disclose that information to another person or legal en tity; or
(B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity.
(c) AIDS confidential information may be disclosed to the person identified by that information or, if that person is a minor or incompetent person, to that person's parent or legal guardian.
(d) AIDS confidential information may be disclosed to any person or legal entity desig nated to receive that information when that designation is made in writing by the person identified by that information or, if that person is a minor or incompetent person, by that person's parent or legal guardian.
(e) AIDS confidential information may be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if that information is authorized or required by law to be reported to that agency or department.

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(f) The results of an HIV test may be disclosed to the person, or that person's desig nated representative, who ordered such tests of the body fluids or tissue of another person.
(g) When the patient of a physician has been determined to be infected with HIV and that patient's physician reasonably believes that the spouse or sexual partner or any child of the patient, spouse, or sexual partner is a person at risk of being infected with HIV by that patient, the physician may disclose to that spouse, sexual partner, or child that the patient has been determined to be infected with HIV, after first attempting to notify the patient that such disclosure is going to be made.
(h) (1) A physician having a patient who has been determined to be infected with HIV may disclose to the Department of Human Resources:
(A) The name and address of that patient;
(B) That such patient has been determined to be infected with HIV; and
(C) The name and address of any other person whom the disclosing physician reasona bly believes to be a person at risk of being infected with HIV by that patient.
(2) When mandatory and nonanonymous reporting of confirmed positive HIV tests to the Department of Human Resources is determined by that department to be reasonably necessary, that department shall establish by regulation a date on and after which such reporting shall be required. On and after the date so established, each health care provider, health care facility, or any other person or legal entity which orders an HIV test for another person shall report to the Department of Human Resources the name and address of any person thereby determined to be infected with HIV. No such report shall be made regarding any confirmed positive HIV test provided at any anonymous HIV test site operated by or on behalf of the Department of Human Resources.
(3) The Department of Human Resources may disclose that a person has been reported, under paragraph (1) or (2) of this subsection, to have been determined to be infected with HIV to the board of health of the county in which that person resides or is located if reason ably necessary to protect the health and safety of that person or other persons who may have come in contact with the body fluids of the HIV infected person. The Department of Human Resources or county board of health to which information is disclosed pursuant to this paragraph or paragraph (1) or (2) of this subsection:
(A) May contact any person named in such disclosure as having been determined to be an HIV infected person for the purpose of counseling that person and requesting therefrom the name of any other person who may be a person at risk of being infected with HIV by that HIV infected person;
(B) May contact any other person reasonably believed to be a person at risk of being infected with HIV by that HIV infected person for the purposes of disclosing that such infected person has been determined to be infected with HIV and counseling such person to submit to an HIV test; and
(C) Shall contact and provide counseling to the spouse of any HIV infected person whose name is thus disclosed if both persons are reasonably likely to have engaged in sexual intercourse or any other act determined by the department likely to have resulted in the transmission of HIV between such persons within the preceding seven years and if that spouse may be located and contacted without undue difficulty.
(i) Any health care provider authorized to order an HIV test may disclose AIDS confi dential information regarding a patient thereof if that disclosure is made to a health care provider or health care facility which has provided, is providing, or will provide any health care service to that patient and as a result of such provision of service that health care provider or facility:
(1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or

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(2) Has a legitimate need for that information in order to provide that health care ser vice to that patient.
(j) A physician or any other person or legal entity authorized but not required to dis close AIDS confidential information pursuant to this Code section shall have no duty to make such disclosure and shall not be liable to the patient or any other person or legal entity for failing to make such disclosure. A physician or any other person or legal entity which discloses information as authorized or required by this Code section or as authorized or required by law or rules or regulations made pursuant thereto shall have no civil or crimi nal liability therefor.
(k) When any person or legal entity is authorized or required by this Code section or any other law to disclose AIDS confidential information to a person at risk of being infected with HIV and that person at risk is a minor or incompetent person, such disclosure may be made to any parent or legal guardian of the minor or incompetent person, to the minor or incompetent person, or to both the minor or incompetent person and any parent or legal guardian thereof.
(1) When an institutional care facility is the site at which a person is at risk of being infected with HIV and as a result of that risk a disclosure of AIDS confidential information to any person at risk at that site is authorized or required under this Code section or any other law, such disclosure may be made to the person at risk or to that institutional care facility's chief administrative or executive officer, or such officer's designee, in which case that officer or designee is authorized to make such disclosure to the person at risk.
(m) When a disclosure of AIDS confidential information is authorized or required by this Code section to be made to a physician, health care provider, or legal entity, that disclo sure may be made to employees of that physician, health care provider, or legal entity who have been designated thereby to receive such information on behalf thereof. Those desig nated employees may thereafter disclose to and provide for the disclosure of that informa tion among such other employees of that physician, health care provider, or legal entity, but such disclosures among those employees are only authorized when reasonably necessary in the ordinary course of business to carry out the purposes for which that disclosure is author ized or required to be made to that physician, health care provider, or legal entity.
(n) Any disclosure of AIDS confidential information authorized or required by this Code section or any other law and any unauthorized disclosure of such information shall in no way destroy the confidential nature of that information except for the purpose for which the authorized or required disclosure is made.
(o) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor.
(p) Nothing in this Code section or any other law shall be construed to authorize the disclosure of AIDS confidential information if that disclosure is prohibited by federal law, or regulations promulgated thereunder, nor shall anything in this Code section or any other law be construed to prohibit the disclosure of information which would be AIDS confiden tial information except that such information does not permit the identification of any person.
(q) A public safety agency or district attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-11-35.1, 1710-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record.
(r) Any person or legal entity required by an order of a court to disclose AIDS confiden tial information in the custody or control of such person or legal entity shall disclose that information as required by that order.
(s) In connection with any prosecution for the alleged commission of reckless conduct under subsection (c) of Code Section 16-5-60, the prosecutor may subpoena any person to authenticate test results obtained pursuant to subsection (q) of this Code section, establish

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a chain of custody, or otherwise testify regarding the results of any notifications given re garding those results. The provisions of this subsection shall apply as to records, personnel, or both of the Department of Human Resources or a county board of health notwithstand ing Code Section 50-18-72.
(t) (1) A superior court of this state may order a person or legal entity to disclose AIDS confidential information in its custody or control to a public safety agency or the Depart ment of Human Resources if that agency or department has an employee thereof who has, in the course of that employment, come in contact with the body fluids of the person identi fied by the AIDS confidential information sought in such a manner reasonably likely to cause that employee to become an HIV infected person and provided the disclosure is neces sary for the health and safety of employee.
(2) An order may be issued against a person or legal entity responsible for recording, reporting, or maintaining AIDS confidential information to compel the disclosure of that information if the public safety agency or the Department of Human Resources petitioning the court for such order demonstrates by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests.
(3) A petition seeking disclosure of AIDS confidential information under this subsection shall substitute a pseudonym for the true name of the person concerning whom the informa tion is sought. The disclosure to the parties of that person's true name shall be communi cated confidentially, in documents not filed with the court.
(4) Before granting any order under this subsection, the court shall provide the person concerning whom the information is sought with notice and a reasonable opportunity to participate in the proceedings if that person is not already a party.
(5) Court proceedings as to disclosure of AIDS confidential information under this sub section ahall be conducted in camera unless the person concerning whom the information is sought agrees to a hearing in open court.
(6) Upon the issuance of an order that a person or legal entity be required to disclose AIDS confidential information regarding a person named in that order, that person or entity so ordered shall disclose to the ordering court any such information which is in the control or custody of that person or entity and which relates to the person named in the order for the court to make an in camera inspection thereof. If the court determines from that inspec tion that the person named in the order is an HIV infected person, the court shall disclose to the petitioner that determination and shall impose appropriate safeguards against unau thorized disclosure which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on fu ture disclosure.
(7) The record of the proceedings under this subsection shall be sealed by the court.
(8) An order may not be issued under this subsection against the Department of Human Resources, any county board of health, or any anonymous HIV test site operated by or on behalf of that department.
(9) AIDS confidential information obtained pursuant to this subsection may not be used in any criminal or civil proceeding against the person identified by that information.
(u) A physician, health care provider, health care facility, or other person or legal entity who, in violation of this Code section, unintentionally discloses AIDS confidential informa tion, notwithstanding the maintenance of procedures thereby which are reasonably adopted to avoid risk of such disclosure, shall not be civilly or criminally liable, unless such disclo sure was due to gross negligence or wanton and willful misconduct.
(v) AIDS confidential information may be disclosed when that disclosure is otherwise

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authorized or required by Code Section 42-1-6, if AIDS or HIV infection is the communica ble disease at issue, or when that disclosure is otherwise authorized or required by any law which specifically refers to 'AIDS confidential information,' 'HIV test results,' or any similar language indicating a legislative intent to disclose information specifically relating to AIDS or HIV.
(w) A health care provider who has received AIDS confidential information regarding a patient from the patient's health care provider directly or indirectly under the provisions of subsection (i) of this Code section may disclose that information to a health care provider which has provided, is providing, or will provide any health care service to that patient and as a result of that provision of service that health care provider:
(1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or
(2) Has a legitimate need for that information in order to provide that health care ser vice to that patient.
(x) Neither the Department of Human Resources nor any county board of health shall disclose AIDS confidential information contained in its records unless such disclosure is au thorized or required by this Code section or any other law, except that such information in those records shall not be a public record and shall not be subject to disclosure through subpoena, court order, or other judicial process.
(y) The protection against disclosure provided by Code Section 24-9-40.1 shall be waived and AIDS confidential information may be disclosed to the extent that the patient, his heirs, successors, assigns, or a beneficiary of the patient, including but not limited to an executor, administrator, or personal representative of the deceased patient's estate:
(1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is involved in any civil proceeding regarding such claim; or
(2) Places the patient's care and treatment, the nature and extent of his injuries, his medical condition, or the reasons for his death at issue in any civil or criminal proceeding.
(z) AIDS confidential information may be disclosed by an insurer in accordance with the provisions of Chapter 39 of Title 33, relating to the collection, use, and disclosure of information gathered by insurance institutions.
(aa) In any action brought under Title 19, AIDS confidential information shall be sub ject to subpoena; provided, however, that no such information shall be released or admitted into evidence in any case unless such information is first submitted to the trial court under seal and until an in camera inspection is made by the court and the court determines that the information is admissible into evidence at trial and cannot be obtained from other sources."
Section 7. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding after Chapter 17 thereof a new Chapter 17A to read as follows:
"CHAPTER 17A
31-17A-1. (a) Any term used in this chapter and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) HIV and the degenerative diseases associated with it are declared to be contagious, infectious, communicable, and extremely dangerous to the public health.
31-17A-2. The authorized agent or agents of the Department of Human Resources are directed and empowered, when in their judgment it is necessary to protect the public health, to make examinations of persons infected or suspected of being infected with HIV and to administer an HIV test with the consent of the person being tested. In the event the person infected or suspected of being infected with HIV refuses to consent to the administration of an HIV test, the authorized agent or agents of the Department of Human Resources are

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authorized to petition the court for an order authorizing the administration of an HIV test pursuant to the procedure set forth in Code Section 31-17A-3.
31-17A-3. (a) If a person refuses to consent to an HIV test, as provided in Code Section 31-17A-2, the Department of Human Resources may file a civil complaint with the superior court of the county of the residence of the person refusing the test. The complaint shall allege with specificity the basis for the allegations which the department believes support the conclusion that the person is infected with HIV, as well as the scope, nature, and threat to the public health created thereby, and the proposed plan to be adopted to protect the public health in the event the court orders the administration of the HIV test and the per son is found to be an HIV infected person. The person against whom the complaint is filed shall be represented by counsel, and, in the event the person against whom the complaint is filed cannot afford counsel, counsel shall be appointed by the court.
(b) The superior court shall hear the complaint on an expedited basis without a jury. All proceedings before the court shall be sealed.
(c) If after consideration of the evidence, the court finds clear and convincing evidence that the person is reasonably likely to be infected with HIV and that there is a compelling need to protect the public health, the court may order the person to submit to an HIV test, shall retain jurisdiction to render such orders as are appropriate to effectuate that order, and, in the event the person so tested is determined to be infected with HIV, to require such procedures to protect the public health consistent with the least restrictive alternative which is available within the limits of state funds specifically appropriated therefor."
Section 8. Said Title 31 is further amended by adding after Code Section 31-22-9 two new Code sections to read as follows:
"31-22-9.1. (a) As used in this Code section, the term:
(1) 'AIDS' means Acquired Immunodeficiency Syndrome or AIDS Related Complex within the reporting criteria of the department.
(2) 'AIDS confidential information' means information which discloses that a person:
(A) Has been diagnosed as having AIDS;
(B) Has been or is being treated for AIDS;
(C) Has been determined to be infected with HIV;
(D) Has submitted to an HIV test;
(E) Has had a positive or negative result from an HIV test;
(F) Has sought and received counseling regarding AIDS; or
(G) Has been determined to be a person at risk of being infected with AIDS,
and which permits the identification of that person.
(3) 'AIDS transmitting crime' means any of the following offenses specified in Title 16:
(A) Rape;
(B) Sodomy;
(C) Aggravated sodomy;
(D) Child molestation;
(E) Aggravated child molestation;
(F) Prostitution;
(G) Solicitation of sodomy;
(H) Incest;
(I) Statutory rape;

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(J) Battery;
(K) Aggravated battery; or
(L) Any offense involving a violation of Article 2 of Chapter 13 of Title 16, regarding controlled substances, if that offense involves heroin, cocaine, derivatives of either, or any other controlled substance in Schedule I, II, III, IV, or V.
(4) 'Body fluids' means blood, semen, or vaginal secretions.
(5) 'Confirmed positive HIV test' means the results of at least two separate types of HIV tests, both of which indicate the presence of HIV in the substance tested thereby.
(6) 'Consent' means informing a person prior to administering an HIV test and explain ing the testing procedure and the interpretation of the tests; informing the person regarding AIDS and HIV, the confidentiality of information relating to AIDS diagnoses and HIV tests, social and medical implications of the HIV tests, behaviors which may enhance or reduce the risk of transmitting AIDS and HIV; and obtaining the person's consent to the HIV test. The Department of Human Resources shall develop a brochure which meets the require ments of this paragraph, and, upon delivery of that brochure to the person to be tested and after an opportunity for review, the person shall be deemed to have given consent to the testing procedure. This brochure shall not be the exclusive means of obtaining consent. The consent of the person shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-35.1, 17-10-15, 31-17A-3, 42-5-52.1, or 42-9-42.1. No consent shall be required if the person is a minor or incompetent and the parent or guardian of the minor or guardian of the incompetent consents. No consent shall be required if the person to be tested is, in the opinion of the physician administering the test, in such a medical or emotional state that disclosure of the test would, in the physician's opinion, be injurious to the person's health. No consent shall be required in an emergency, life-threaten ing situation. When the person to be tested is comatose or temporarily incompetent to give consent to an HIV test, any adult next of kin of that person may give such consent.
(7) 'Counseling' means providing the person after administration of an HIV test with information and explanations appropriate for that person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information re garding both social and medical implications of HIV tests; and disclosure of commonly rec ognized treatment or treatments for AIDS and HIV. The Department of Human Resources shall develop a brochure which meets the requirements of this paragraph and, upon delivery of that brochure to the person at the time the HIV test results are disclosed to that person and referral of that person to the Department of Human Resources for further information and explanations, counseling shall be deemed to have been provided within the meaning of this paragraph.
(8) 'Determined to be infected with HIV means having a confirmed positive HIV test or having been clinically diagnosed as having AIDS.
(9) 'Health care facility' means any:
(A) Institution or medical facility, as defined in Code Section 31-7-1;
(B) Facility for the mentally ill, mentally retarded, or alcoholic or drug dependent per sons, as defined in Code Sections 37-3-1, 37-4-1, and 37-7-1, respectively;
(C) Medical, dental, osteopathic, or podiatric clinic;
(D) Hospice, as defined in Code Section 31-7-172;
(E) Clinical laboratory, as defined in Code Section 31-22-1; or
(F) Administrative, clerical, or support personnel of any legal entity specified in subparagraphs (A) through (E) of this paragraph.

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(10) 'Health care provider' means any of the following persons licensed or regulated by the state:
(A) Physician or physician's assistant;
(B) Osteopath;
(C) Podiatrist;
(D) Midwife;
(E) Dentist, dental technician, or dental hygienist;
(F) Respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist;
(G) Registered nurse;
(H) Licensed practical nurse;
(I) Emergency medical technician, advanced emergency medical technician, paramedic, or cardiac technician;
(J) Clinical laboratory director, supervisor, technician, or technologist;
(K) Funeral director or embalmer;
(L) Member of a hospice team, as defined in Code Section 31-7-172;
(M) Nursing home administrator;
(N) Professional counselors, social workers, or marriage and family therapists;
(0) Psychologist;
(P) Administrative, clerical, or support personnel, whether or not they are licensed or regulated by the state, of any person specified in subparagraphs (A) through (O) of this paragraph;
(Q) Trainees, students, or interns, whether or not they are licensed or regulated by the state, of any persons listed in subparagraphs (A) through (O) of this paragraph; or
(R) First responder, as defined in Chapter 11 of this title, although such person is not licensed or regulated by the state.
(11) 'HIV means any type of Human Immunodeficiency Virus, Human T-Cell Lymphotropic Virus Types III or IV, Lymphadenopathy Associated Virus Types I or II, AIDS Re lated Virus, or any other identified causative agent of AIDS.
(12) 'HIV infected person' means a person who has been determined to be infected with HIV, whether or not that person has AIDS, or who has been clinically diagnosed as having AIDS.
(13) 'HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, which test has been approved for such purposes by the regulations of the department.
(14) 'Institutional care facility' means any:
(A) Health care facility;
(B) Child welfare agency, as defined in Code Section 49-5-12;
(C) Group care facility, as defined in Code Section 49-5-3;
(D) Penal institution; or
(E) Military unit.
(15) 'Knowledge of being infected with HIV means actual knowledge of:
(A) A confirmed positive HIV test; or

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(B) A clinical diagnosis of AIDS.
(16) 'Law' means federal or state law.
(17) 'Legal entity' means a partnership, association, joint venture, trust, governmental entity, public or private corporation, health care facility, institutional care facility, or any other similar entity.
(18) 'Military unit' means the smallest organizational unit of the organized militia of the state, as defined in Code Section 38-2-2, or of any branch of the armed forces of the United States, which unit is commanded by a commissioned officer.
(19) 'Penal institution' means any jail, correctional institution, or similar facility for the detention of violators of state laws or local ordinances.
(20) 'Person' means a natural person.
(21) 'Person at risk of being infected with HIV means any person whose body fluids may have already come in contact with or may in the future reasonably be expected to come in contact with the body fluids of an HIV infected person in such manner as is reasonably likely to result in the transmission of HIV to said person.
(22) 'Physician' means any person licensed to practice medicine under Chapter 34 of Title 43.
(23) 'Public safety agency' means that governmental unit which directly employs a pub lic safety employee.
(24) 'Public safety employee' means an emergency medical technician, fireman, law en forcement officer, or prison guard, as such terms are defined in Code Section 45-9-81, relat ing to indemnification of such personnel for death or disability.
(b) Notwithstanding the provisions of Code Section 31-21-10 and Code Section 31-2211, no person or legal entity shall submit for an HIV test any human body fluid or tissue to any person or legal entity except to:
(1) A clinical laboratory licensed under this chapter;
(2) A clinical laboratory exempt from licensure under Code Section 31-22-9; or
(3) A clinical laboratory licensed as such pursuant to the laws of any other state.
(c) No person or legal entity may sell or offer for sale any HIV test that permits any person or legal entity, including the person whose body fluids are to be tested, to perform that test other than a person or legal entity specified in paragraphs (1) through (3) of sub section (b) of this Code section.
31-22-9.2. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1.
(b) Each health care provider, health care facility, or any other person or legal entity which orders an HIV test for any person shall report each confirmed positive HIV test to the department along with the age, sex, race, and county of residence of the person having the confirmed positive HIV test but shall include in that report no other identifying charac teristics regarding the HIV infected person unless otherwise authorized or required by law. The provisions of this subsection shall be automatically repealed on the beginning date specified by the department, pursuant to paragraph (2) of subsection (h) of Code Section 24-9-47, for the mandatory reporting by name of persons determined to be infected with HIV.
(c) Each health care provider, health care facility, or any other person or legal entity which orders an HIV test for any person shall obtain consent thereto, unless exempted under paragraph (6) of subsection (a) of Code Section 31-22-9.1, and shall provide counsel ing to that person with regard to that test. The criminal penalty provided in Code Section 31-22-13 shall not apply to a violation of this subsection. For purposes of this subsection, consent shall only be required prior to drawing the body fluid required for the HIV test and

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shall not be required for each test performed upon that fluid sample, and counseling shall only be required when the last confirmatory HIV test upon that fluid sample has been com pleted. The statute of limitations for any action alleging a violation of this subsection shall be two years from the date of the alleged violation."
Section 9. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of penal dentention generally, is amended by adding following Code Section 42-5-52 a new Code section to read as follows:
"42-5-52.1. (a) Any term used in this Code section and defined in Code Section 31-229.1 shall have the meaning provided for that term in Code Section 31-22-9.1.
(b) Where any person is committed to the custody of the commissioner to serve time in any penal institution of this state on and after July 1, 1988, the department shall require that person to submit to an HIV test within 30 days after the person is so committed unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15.
(c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Department of Human Resources under Code Section 42-5-52, if that person has not submitted to an HIV test following the person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15.
(d) Upon failure of an inmate to cooperate in HIV test procedures under this Code section, the commissioner may apply to the superior court for an order authorizing the use of such measures as are reasonably necessary to require submission to the HIV test. Nothing in this Code section shall be construed to limit the authority of the department to require inmates to submit to an HIV test.
(e) Any person determined by the department to be an HIV infected person, whether or not by the test required by this Code section, should be housed separately at existing insti tutions from any other persons not infected with HIV if:
(1) That person is reasonably believed to be sexually active while incarcerated;
(2) That person is reasonably believed to be sexually predatory either during or prior to incarceration; or
(3) The commissioner determines that other conditions or circumstances exist indicat ing that separate confinement would be in the best interest of the department and the in mate population,
but neither the department nor any officials, employees, or agents thereof shall be civilly or criminally liable for failing or refusing to house HIV infected persons separately from any other persons who are not HIV infected persons."
Section 10. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding following Code Section 42-9-42.1 a new Code section to read as follows:
"42-9-42.1. (a) Any term used in this Code section and defined in Code Section 31-229.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) The board is authorized to obtain from any penal institution, with at least 60 days prior notice to that institution, and any such penal institution is authorized to provide the board with HIV test results regarding any person who applies or is eligible for clemency, a pardon, a parole, or other relief from a sentence or to require such person to submit to an HIV test and to consider the results of any such test in determining whether to grant clem ency, a pardon, a parole, or other relief to such person. Test results obtained pursuant to the authority of this Code section may not be the sole basis for determining whether to grant or

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deny any such relief to such person, however. The board is further authorized to impose conditions upon any person to whom the board grants clemency, a pardon, a parole, or other relief and who is determined by an HIV test to be infected with HIV, which conditions may include without being limited to those designed to prevent the spread of HIV by that person."
Section 11. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, is amended by adding at the end thereof a new Code section to read as follows:
"44-5-151. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1.
(b) Each health care facility, health care provider, blood bank, tissue bank, sperm bank, or other similar legal entity which procures, processes, distributes, or uses any human body part determined by the Department of Human Resources to have a reasonable probability of transmitting HIV shall subject or have subjected such part, or the donor of such part, to an HIV test prior to making that body part available for use in the body of another human being. Any such body part thus determined to be infected with HIV and any body part the donor of which has thus been determined to be infected with HIV shall not be used in the body of another human being but shall be safely and promptly disposed of or made availa ble for medical research, as provided in the regulations of the Department of Human Resources.
(c) When any body part or the donor thereof has been determined to be infected with HIV pursuant to subsection (b) of this Code section, the person or legal entity which or dered the HIV test of the body part or donor thereof shall:
(1) If the donor is alive and the records of that person or legal entity reflect where the donor can be located, provide personal and confidential notification of such determination to the donor; or
(2) If the donor is deceased, provide confidential notification of such determination to any known physician of the donor, which physician shall have the sole discretion whether the person who executed the gift of the body part or any person at risk of being infected with HIV by the donor should be notified by that physician of such determination.
(d) In a medical emergency constituting a serious threat to the life of a potential recipi ent of blood, if blood that has been subjected to the HIV test required under subsection (b) of this Code section is not available, the testing otherwise required under subsection (b) shall not be required regarding such blood.
(e) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor."
Section 12. All laws and parts of laws in conflict with this Act are repealed.
Senator Scott of the 2nd offered the following amendment:
Amend the substitute to HB 1281 offered by the Senate Committee on Human Re sources by striking from line 4 of page 2 the following:
"acknowledge such receipt prior to being issued such license;",
and inserting in its place the following:
"present a certificate signed by a physician stating that both applicants have been ad ministered an HIV test;",
By striking from lines 17 through 19 of page 10 the following:
"sign a form acknowledging that both have received the brochure and listing.",
and inserting in its place the following:
"present to the judge of the probate court a certificate signed by a physician licensed

FRIDAY, MARCH 4, 1988

2063

pursuant to Chapter 34 of Title 43 or licensed in any state or United States territory to practice medicine and surgery which certificate shall state that each such applicant has been administered an HIV test."
On the adoption of the amendment offered by Senator Scott of the 2nd, the yeas were 12, nays 30, and the amendment was lost.
Senators Hine of the 52nd and Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 1281 offered by the Senate Committee on Human Re source by striking lines 7 through 34 of page 25 and lines 1 through 6 of page 26 and appro priately renumbering the remaining paragraphs (7) through (24) on pages 25 through 30.
By adding between lines 11 and 12 of page 30 the following:
"(24) 'Testing brochure' means a brochure or other document to be developed or ap proved by the Department of Human Resources which meets the requirements of this para graph and that department shall make such testing brochure available to the public upon request. The testing brochure shall contain an explanation of the testing procedure includ ing the right to refuse such test, the confidentiality of AIDS related information, the social and medical implications of HIV tests and results, and of behaviors which may enhance or reduce the risk of transmitting AIDS and HIV."
By striking lines 12 through 28 of page 31 and inserting in their place the following:
"(c) Unless exempted under this subsection, each health care provider who orders an HIV test for any person shall do so only after delivering a testing brochure or medically appropriate information to the person to be tested and providing a reasonable opportunity for review and consultation. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-1135.1, 17-10-15, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kind permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall not apply to situations in which an HIV test is ordered or required in connection with an application for insurance coverage. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample.
(d) The health care provider ordering an HIV test shall provide counseling to the per son tested with regard to the test results. Such counseling shall only be required when the last confirmatory test has been completed.
(e) The criminal penalty provided in Code Section 31-22-13 shall not apply to a viola tion of subsection (c) or (d) of this Code section. The statute of limitations for any action alleging a violation of this subsection shall be two years from the date of the alleged violation.' "
On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.

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Senator Garner of the 30th offered the following amendment:
Amend the substitute to HB 1281 offered by the Senate Committee on Human Re sources by adding on line 27, page 32, after "17-10-15." the following:
"The provisions of this section shall apply subject to funds being made available by the Georgia General Assembly."
On the adoption of the amendment, the yeas were 17, nays 32, and the amendment was lost.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun
so,BDryJ a, nt
Coverdell Crumbley
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Harris Harrison Hine
sscHITowj ard
Johnson Kennedy
Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd ^
rt of36th S0co.t.t off 02nd,
bta" Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Shumake. Those not voting were Senators Brannon and Gillis.
On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. The following bills of the House were read the first time and referred to committee: HB 1922. By Representative Aiken of the 21st:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.

FRIDAY, MARCH 4, 1988

2065

HB 1923. By Representative Aiken of the 21st:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

The President announced that the Senate would stand in recess from 12:25 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1627. By Representatives Barnett of the 10th and Yeargin of the 14th:
A bill to amend Code Section 24-10-60 of the Official Code of Georgia Annotated, relating to issuance of an order requiring a prisoner's delivery to serve as a wit ness or criminal defendant, so as to provide procedures for the delivery of a pris oner under a sentence of death as a witness.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Brannon Burton Coleman
CCDreuvamlerbdlfeUy Dean Echols Edge Fincher

Foster Garner Harris Howard Hudgins
JH Koeh-nnPnseo"dn8y Kidd McGill Newbill Olmstead

Perry Phillips Ragan of 10th Ragan of 32nd Rav
Scott of 36th
btarr Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Allgood Baldwin Barnes Bowen Broun Bryant Dawkins

English Engram Gillis Harrison Hine Land Langford

McKenzie Peevy Scott of 2nd Shumake Tate Timmons Walker

On the passage of the bill, the yeas were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been read the third time and final ac-

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tion suspended on March 3, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 1743. By Representative Twiggs of the 4th:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles, so as to provide that all officially marked law enforcement vehicles shall not be required to have a permit for the use of a blue light.
Senate Sponsor: Senator Harris of the 27th.

The amendment offered by the Senate Committee on Public Safety was adopted as it appears in the Journal of March 3.

The amendment offered by Senator Harris of the 27th on March 3, as it appears in the Journal of March 3, was automatically reconsidered and put upon its adoption.

Senator Harris of the 27th asked unanimous consent to withdraw the amendment of fered by him to HB 1743; the consent was granted, and the amendment was withdrawn.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon B^CC, oou,lvreteomrndaenll Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Garner Harris Howard Hudgms JHKTouIehTngnngsieondnsy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of loth Ragan of 32nd p> SSa,, ccoo^tttt oofcf. 32o6ntdjh, Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun Bryant Dawkins

Gillis Harrison Hine

Shumake Tate Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

FRIDAY, MARCH 4, 1988

2067

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st and others:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.

The Conference Committee report on HB 1472 was as follows:

The Committee of Conference on HB 1472 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1472 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Floyd Hudgins Senator, 15th District
/s/ Roy E. Barnes Senator, 33rd District
/s/ Paul C. Broun Senator, 46th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Joe Mack Wilson Representative, 20th District
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Tom Crosby, Jr. Representative, 150th District

Conference Committee substitute to HB 1472:

A BILL
To be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize an increase in the rate of joint county and municipal sales and use taxation under certain circumstances; to change certain provisions relating to the repeal of Article 3 of said chapter, relating to special pur pose county sales and use taxation, upon the effective date of an increase in the rate of state sales and use taxation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by adding after Code Section 48-8-82 a new Code Section 48-8-82.1 to read as follows:
"48-8-82.1. Notwithstanding any other contrary provision of this chapter, if the tax au thorized by this article is in effect in the special district coterminous with a county and if no other local sales or sales and use tax is in effect in such county, then the rate of tax imposed under this article may be increased one time from 1 percent to 2 percent for a period of one year if such increase is approved by the concurrent action of the governing authority of the county and the governing authorities of all qualified municipalities in the county, provided that the resolution or ordinance of each such governing authority must be adopted within a period of 30 days beginning on the date of adoption of the first such resolution or ordinance. Such increased tax rate shall become effective on the first day of the next succeeding calen dar quarter which begins more than 80 days after the adoption of the necessary resolution or ordinance by all such governing authorities. The proceeds of the increased tax shall be

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JOURNAL OF THE SENATE

divided in the same proportions as the original tax. Upon the termination of the one-year period the tax rate shall revert to 1 percent."
Section 2. Said chapter is further amended by striking Code Section 48-8-122 which reads as follows:
"48-8-122. This article shall be repealed upon the date on which an Act or constitu tional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article.",
and inserting in its place a new Code section to read as follows:
"48-8-122. This article shall be repealed upon the first day of July of the calendar year following the calendar year during which an Act increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent is approved by the Governor or becomes law without such approval. Likewise, this article shall be repealed upon the first day of July of the calendar year following the calendar year during which any proposed amendment to the Constitution increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent is adopted by the General Assembly for submission to the voters. On and after the effective date of any such automatic repeal no county shall adopt any resolution or ordi nance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date of repeal, and with respect to proceedings for the imposition of taxes under this article which proceedings are commenced prior to such date of repeal, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgins of the 15th moved that the Senate adopt the Conference Committee report on HB 1472.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Edge English

Engram Fincher Foster Garner Harris Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

FRIDAY, MARCH 4, 1988

2069

Those not voting were Senators:

Albert Allgood Baldwin Echols

Gillis Harrison Kennedy (presiding) Scott of 2nd

Shumake Tate Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1472.
The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 680. By Senators Newbill of the 56th, Harrison of the 37th and Ragan of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide an effective date.
The House amendment was as follows: Amend SB 680 by striking from line 16 of page 1 the following: "$52,800.00", and inserting in lieu thereof the following: "$50,400.00".
Senator Newbill of the 56th moved that the Senate agree to the House amendment to SB 680.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 680.
The following bills of the House were taken up for the purpose of considering the Con ference Committee reports thereon:

HB 107. By Representative Richardson of the 52nd:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatments, so as to provide for con sent to the drawing and testing of fluid samples and the consequences thereof; to provide for the disclosure of information obtained as a result of consented to health care treatment, care, testing, or examination.
The Conference Committee report on HB 107 was as follows:
The Committee of Conference on HB 107 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 107 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Culver Kidd Senator, 25th District
M Frank A. Albert Senator, 23rd District

FOR THE HOUSE OF REPRESENTATIVES:
Eleanor L. Richardson Representative, 52nd District
E. M. Childers Representative, 15th District

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kl Floyd Hudgins Senator, 15th District

/s/ J. E. McKinny Representative, 35th District

Conference Committee substitute to HB 107:

A BILL
To be entitled an Act to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to provide for appeals from orders issued pursuant to Code Section 31-17-4; to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical treatment, so as to provide for the disclosure of information obtained as a result of consented-to health care treatment, care, testing, procedures, or examination; to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to the control of venereal disease, so as to revise substantially that chapter in order to provide for the applicability of several provi sions thereof to sexually transmissible diseases; to provide for definitions; to provide for legislative declarations and findings; to require persons who undergo blood tests to be tested for acquired immune deficiency syndrome (AIDS); to provide exceptions; to prohibit the disclosure of the results of such tests for acquired immune deficiency syndrome (AIDS); to provide exceptions; to require reports of sexually transmissible disease cases; to require cer tain afflicted persons to submit to certain measures and provide for judicial proceedings and jurisdiction to require such submission; to provide that certain orders may be subject to review; to provide for testing of pregnant women for sexually transmissible diseases; to pro vide for prophylactic treatment of newborn children regarding sexually transmissible dis ease; to provide for certain laboratory tests and results; to provide for treatment of minors having sexually transmissible diseases; to provide for the confidential and privileged nature of certain information regarding sexually transmissible diseases and afflicted persons and restrict the disclosure of that information and provide for exceptions thereto; to provide for departmental designation of sexually transmissible diseases and high-risk groups for such diseases; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, is amended by adding immediately follow ing paragraph (7) of subsection (a) thereof a new paragraph to read as follows:
"(7.1) Appeals from orders under Code Section 31-17-5 requiring persons afflicted with sexually transmissible diseases to submit to certain measures;".
Section 2. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatments, is amended by adding at the end thereof a new Code section to read as follows:
"31-9-8. (a) For purposes of this Code section, the term 'health care provider' means any person or entity furnishing health care to persons, including but not limited to any physician, osteopath, podiatrist, dentist, nurse, hospital, clinic, pathology laboratory, nurs ing home, medical research institution or project, governmental epidemiologic agency, or blood, organ, tissue, or semen bank.

(b) Subject to federal regulations concerning confidentiality of patient information, con sent validly obtained under this chapter to treatment, care, testing, procedures, or examina tion furnished by a health care provider shall be deemed to authorize the disclosure of infor mation obtained as a result of that treatment, care, testing, procedures, or examination where that disclosure is:
(1) Made to another health care provider or agent or employee thereof; and
(2) Reasonably medically necessary and appropriate for:
(A) Diagnosis, care, or treatment of the person about whom information is to be dis closed; or

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(B) Protection of the health and safety of the patient, the patient's spouse, other pa tients, or the health care provider or the provider's agents or employees.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof. Any person making a disclosure authorized by and in compliance with this Code section shall not be liable to the patient or any other person notwithstanding any contrary provision of Code Section 24-9-21 or 24-9-40."
Section 3. Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to the control of venereal disease, is amended by striking that chapter in its entirety and in serting in its place a new chapter to read as follows:
"CHAPTER 17
31-17-1. As used in this chapter, the term:
(1) 'Afflicted person' means any person who, based on reasonable information or belief, is likely to be or is actually afflicted with a sexually transmissible disease.
(2) 'Sexually transmissible disease' means any of the following:
(A) Syphilis caused by Treponema pallidum;
(B) Gonorrhea caused by Neisseria gonorrhoeae;
(C) Acquired immune deficiency syndrome (AIDS) caused by human immune deficiency virus; and
(D) Such other diseases as determined by the Department of Human Resources under Code Section 31-17-11 to be sexually transmissible.
31-17-2. (a) Sexually transmissible diseases are declared to be dangerous to the public health, safety, and welfare.
(b) In order to ensure that sexually transmissible diseases will be reported as required by this chapter, and to protect the constitutional and common law right of privacy of af flicted persons and their contacts, the General Assembly finds that certain information re garding these diseases and afflicted persons should be made privileged and confidential and certain proceedings relating thereto shall be closed to the public.
31-17-3. (a) Except as provided in subsection (b) of this Code section, any person who undergoes a blood test in a physician's office, hospital, dispensary, clinic, blood bank, or other medical facility, or at the direction of any physician, nurse, or other medical techni cian, shall be tested for acquired immune deficiency syndrome (AIDS) unless such person can provide evidence that he or she has undergone a blood test in this state within the immediately preceding 12 months. When a test given under this Code section has been de termined to be or confirmed positive for acquired immune deficiency syndrome (AIDS), the results of that test shall be privileged and confidential and shall not be disclosed, except that the following shall be notified:
(1) The department;
(2) The person to whom the test was given or a person designated in writing by the person to whom the test was given;
(3) Any physician attending or giving care to the person to whom the test was given; and
(4) Any health care provider or persons as authorized in Code Section 31-9-8.
(b) A test for acquired immune deficiency syndrome (AIDS) shall not be required of persons whose blood tests consist only of a WIC or finger-stick blood test.
(c) The provisions of subsections (a) and (b) of this Code section shall apply to blood

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tests administered in state facilities and blood tests the cost of which will be paid from state funds.
31-17-4. Any physician or other person who makes a diagnosis of or treats a case of sexually transmissible disease and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is discovered a case of sexually transmissi ble disease shall make a report of such case to the department in such form and manner as the department shall direct.
31-17-5. (a) Any authorized agent of the department or of a county board of health is authorized, when in that person's judgment it is necessary to protect the public health, safety, and welfare, to require any afflicted person to submit to examination, testing, treat ment, counseling, or any combination thereof, and, upon the afflicted person's refusal to submit thereto, may seek a court order under this Code section requiring such submission. For purposes of this Code section, the term 'court' means the superior court, which court shall have exclusive original jurisdiction over actions under this Code section.
(b) An application for a court order under this Code section shall be filed in the supe rior court of the county of residence of the afflicted person or the county where that person is found and shall be filed with the clerk of that superior court. That clerk shall file and handle any such application and related papers in the same fashion and with the same confidentiality as required for adoption proceedings.
(c) An application for a court order under this Code section shall set out with specificity the following:
(1) Each reason for believing the afflicted person is reasonably likely to be afflicted with a sexually transmissible disease and the afflicted person's inclusion in any known high-risk group for such disease may be among the reasons but not the sole reason for such belief;
(2) The sexually transmissible disease with which the afflicted person is believed to be afflicted; and
(3) Any examination or testing required and the general terms of any required treat ment or counseling.
(d) An application or hearing under this Code section shall not require the disclosure of the identity of any alleged sexual or other contact who served as an informant regarding an afflicted person. The evidence of such informant, however, shall be received by an affidavit for in camera review by the court. Such affidavit shall specify:
(1) Whether such informant has had intimate sexual contact with the afflicted person;
(2) The nature of any such sexual contact; and
(3) Whether the informant has a sexually transmissible disease.
A copy of such affidavit, with the deletion of the informant's name and identity, shall be given at or prior to the hearing to the afflicted person or that person's counsel.
(e) Upon an application being filed under this Code section, the court shall have served on the afflicted person named in the application a copy of the application and shall require that person to show cause, at a hearing held by that court, why the application for the court order should not be granted.
(f) An afflicted person for whom an order is sought under this Code section shall have a right to counsel in any judicial proceeding under this Code section and if that person cannot afford counsel, the court shall appoint counsel for that person. The governmental entity on behalf of which the application is made for a hearing under this Code section shall pay the expenses for any appointed counsel therefor from any funds available to that entity. Coun sel shall be paid in the same manner in which attorneys are paid for hearings under Chapter 3 of Title 37, relating to mental health.
(g) Any hearing or proceeding by the court under this Code section shall be a nonjury hearing or proceeding held in camera and only court personnel, parties to the proceeding

FRIDAY, MARCH 4, 1988

2073

and their witnesses, and any counsel for the parties may be present. Information obtained at such hearing or proceeding shall be privileged and confidential.
(h) Upon a showing of probable cause by an applicant for an order at a hearing under subsection (g) of this Code section, which probable cause must include more evidence than the afflicted person's inclusion in a high-risk group for a sexually transmissible disease, the court may order and require appropriate examination, testing, treatment, counseling, or any combination thereof for an afflicted person.
(i) When reasonably necessary to carry out an order under subsection (h) of this Code section, the court may command any law enforcement agency to locate, restrain, and arrest the afflicted person subject to that order.
(j) Orders issued under subsection (h) of this Code section shall be reviewable on appeal pursuant to Code Section 5-6-35, except that any notice of appeal shall not act as a supersedeas for any order requiring testing, examination, treatment, counseling, or any combination thereof.
31-17-6. (a) The department may require every pregnant woman, or any special risk group of pregnant women as determined by the department under its rules and regulations, to submit to a standard serologic test or other appropriate tests to determine sexually trans missible diseases and may require any person attending or giving prenatal care to such wo man to take or cause to be taken a blood specimen for use in such test. Such specimens shall be submitted for laboratory testing in the manner prescribed by the department; and all laboratories conducting such tests shall comply with the rules, regulations, and reporting requirements prescribed therefor by the department.
(b) When a test given to a pregnant woman under subsection (a) of this Code section has been determined to be or confirmed positive for a sexually transmissible disease, the results of that test shall be privileged and confidential and may not be disclosed except to:
(1) The department;
(2) The pregnant woman to whom the test was given or a person designated in writing by the pregnant woman to whom the test was given;
(3) Any physician attending or giving prenatal care to the pregnant woman to whom the test was given; and
(4) Any adoption or child placement agency, foster parents, or adoptive parents who have or seek to have legal custody of the child who was delivered or is to be delivered by the woman to whom the test was given, except that the identity of neither natural parent of the child may be disclosed, and the department by rule and regulation may specify additional conditions for any disclosure under this paragraph.
31-17-7. It shall be the duty of any person who shall be in attendance on any childbirth to apply to the child such prophylactic treatment as may be prescribed by the department to prevent blindness from gonococcus disease; to comply otherwise with such rules, regula tions, and reporting requirements as shall be prescribed by the department; and to employ such reasonable medical practices and procedures as are established by rules of the depart ment as being necessary to prevent or minimize the risk of disease from sexually transmissi ble disease.
31-17-8. All laboratories conducting any test for sexually transmissible diseases shall comply with the rules, regulations, and reporting requirements prescribed therefor by the department, but such laboratories shall not be authorized or required to perform any test for acquired immune deficiency syndrome as a part of or in connection with any test re quired for the issuance of a marriage license under Code Section 19-3-40. Such test results and records thereof shall be privileged and confidential and shall not be disclosed except to:
(1) The department;
(2) Any physician ordering such tests; and

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(3) Any person on whom the test was performed or any person designated in writing by the person on whom the test was performed.
31-17-9. (a) The consent to the provision of medical or surgical care or services by a hospital or public clinic or to the performance of medical or surgical care by a physician licensed to practice medicine, when such consent is given by a minor who is or professes to be afflicted with a sexually transmissible disease, shall be as valid and binding as if the minor had achieved the minor's majority, except that any such treatment shall involve pro cedures and therapy related to conditions or illnesses arising out of the sexually transmissi ble disease which gave rise to the consent authorized under this Code section. Any such consent shall not be subject to later disaffirmation by reason of minority. The consent of no other person or persons, including but not limited to a spouse, parent, custodian, or guard ian shall be necessary in order to authorize the provision to such minor of such medical or surgical care or services as are described in this subsection.
(b) The fact of a minor's having a sexually transmissible disease or consenting to or obtaining treatment therefor, if such fact arises out of actions by that minor pursuant to subsection (a) of this Code section, shall be privileged and confidential and may not be disclosed except to:
(1) Any physician or other member of the medical staff of a hospital or public health clinic, which physician or staff member is involved in providing that treatment;
(2) The parents, guardian, or custodian of a minor under 13 years of age or a person designated in writing by the parents, guardian, or custodian of such a minor;
(3) The minor who is the afflicted person or a person designated in writing by the minor who is the afflicted person; and
(4) The parents, guardian, or custodian of a minor between the ages of 13 and 18, or a person designated in writing by the parents, guardian, or custodian of such a minor, if the treating physician determines such disclosure is necessary.
31-17-10. (a) Except as provided in subsection (b) of this Code section, the following information relating to an afflicted persons's sexually transmissible disease shall be privi leged and confidential:
(1) Test results;
(2) Records of treatment;
(3) History;
(4) Reports;
(5) Research data;
(6) The identity of the afflicted person;
(7) The identity of alleged sexual contacts of the afflicted person; and
(8) Information which would reveal the identity of either person specified in paragraphs (6) and (7) of this subsection.
(b) Information otherwise privileged and confidential under this chapter may be dis closed if:
(1) That disclosure is authorized pursuant to any other provisions of this chapter;
(2) That disclosure is required by federal law, but only to the extent so required;
(3) That disclosure is substantially related to and necessary for the testing or treatment of the afflicted person;
(4) That disclosure is made by a physician or health care facility pursuant to Code Section 24-9-40 or any other law authorizing a physician or health care facility to disclose otherwise privileged information;

FRIDAY, MARCH 4, 1988

2075

(5) That disclosure is made pursuant to Code Section 31-9-8;
(6) That disclosure is for research purposes and does not reveal:
(A) The identity of the afflicted person;
(B) The identity of alleged sexual contacts of the afflicted person; or
(C) Information which would reveal the identity of either person specified in subparagraphs (A) and (B) of this paragraph;
(7) That disclosure is made to the afflicted person or a person designated in writing by the afflicted person to receive such information;
(8) That disclosure involves information regarding sexual assault or sexual exploitation of a child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported;
(9) That disclosure is made to the parent or guardian of a minor child unless the infor mation is discovered pursuant to and is privileged under Code Section 31-17-9; or
(10) That disclosure is made in the ordinary course of business to any employee or agent of the department, county board of health, hospital, laboratory, clinic, or other entity authorized or required under this chapter to receive or report that information.
31-17-11. (a) The department by rule and regulation may designate as a sexually trans missible disease any disease other than one specified in paragraphs (1) through (4) of sub section (a) of Code Section 31-17-1 only upon a finding by the department that the disease:
(1) Is principally transmitted by sexual contact;
(2) Causes significant morbidity or mortality for individuals or for the health of new born children; and
(3) (A) Can be cost effectively screened, diagnosed, counseled, and treated in a public health control program; or
(B) Is of major public health concern such that surveillance of the disease occurrence is in the public interest.
(b) The department by rule and regulation shall designate, based on appropriate epidemiological data, known high-risk groups for any sexually transmissible disease for purposes of this Code section.
31-17-12. Notwithstanding any other provisions of this chapter, this chapter shall not apply to any person who is 65 years of age or older."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that subsection (c) of Code Sec tion 31-17-3 in Section 3 of this Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 107.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Bowen Burton Deal

English Garner Hudgins Kidd

McGill Olmstead Perry Scott of 2nd

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Those voting in the negative were Senators:

Allgood Barker Barnes Brannon Bryant Coleman Coverdell Crumbley Dawkins Dean Echols Edge

Engram Foster Harris Hine Howard Huggins Johnson Langford McKenzie Newbill Peevy Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Broun Fincher

Gillis Harrison Kennedy (presiding)

Land Tate

On the motion, the yeas were 12, nays 36; the motion was lost, and the Senate rejected the Conference Committee report on HB 107.

HB 1505. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others:
A bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to re tire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead.

The Conference Committee report on HB 1505 was as follows:
The Committee of Conference on HB 1505 recommends that the Senate recede from its position and that HB 1505 as passed by the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
Isl R. T. Phillips Senator, 9th District
/s/ Donn M. Peevy Senator, 48th District
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles Bannister Representative, 62nd District
/s/ Vinson Wall Representative, 61st District
/s/ Ron Pittman Representative, 60th District

Senator Phillips of the 9th moved that the Senate adopt the Conference Committee report on HB 1505.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1505.

FRIDAY, MARCH 4, 1988

2077

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 575. By Senator Langford of the 35th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions.
The Speaker has appointed on the part of the House, Representatives Snow of the 1st, Watson of the 114th and Dunn of the 73rd.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1549. By Representatives Jackson of the 83rd, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Harris of the 84th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for dental students; to except acts of willful or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected.
The House insists on its position in substituting the following bill of the Senate:
SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis lative purpose and intent; to provide a definition; to provide, under certain cir cumstances, that certain records are not open to the public, to continue certain privileges and statutory exceptions.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd, Lawson of the 9th, Jackson of the 9th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons.
The Speaker has appointed on the part of the House, Representatives Ware of the 77th, Workman of the 51st and Groover of the 99th.

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JOURNAL OF THE SENATE

The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd, Simpson of the 70th and Williams of the 48th: A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsi bility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capac ity to appreciate the wrongfulness of the conduct.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 1370. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th: A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, so as to provide that certain representations or implications in connection with certain promotional schemes designed to make contact with prospective customers shall be declared unfair or deceptive acts or practices and shall be unlawful.
The House insists on its position in substituting the following bill of the Senate:
SB 573. By Senators Barnes of the 33rd and Harrison of the 37th: A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 647. By Senator Walker of the 43rd: A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to prohibit fraudulent purchasing or attempting to purchase residential property; to prohibit certain false statements, failure to disclose certain information, impersonation, and other fraudulent schemes or devices; to provide for penalties.
SB 511. By Senator Burton of the 5th: A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful to possess, manufacture, sell, or distribute false identification documents; to provide definitions; to provide penalties.
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 924. By Representatives Chambless of the 133rd, Thomas of the 69th and Robinson of the 96th: A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to limited partnerships, so as to revise, modernize, and supersede the laws of Georgia relating to limited partnerships.

FRIDAY, MARCH 4, 1988

2079

The House has agreed to the Senate amendment to the House substitute to the follow ing bill of the Senate:

SB 100. By Senators Crumbley of the 17th, Starr of the 44th and Howard of the 42nd:
A bill to provide a pretrial review of proceedings by the Supreme Court in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that the judgments, rulings, and orders in pretrial proceedings of a case in which the death penalty is sought shall be directly appealable as part of the pretrial review.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

SB 462. By Senators English of the 21st, McKenzie of the 14th, Hine of the 52nd and others:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the certification of emergency medical technicians to utilize automatic defibrillators and provide for the certification of such defibrillators; to provide conditions and procedures relat ing to such certifications; to provide for certificate revocation.

SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 376. By Representative Richardson of the 52nd:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, regarding general provisions relating to retirement and pensions, so as to require that spouses who are designated as beneficiaries of certain publicly funded retirement, pension, and life insurance benefits be notified prior to changes in such designation.

Senate Sponsor: Senator Coverdell of the 40th.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson

State Representative

FROM: DATE: SUBJECT:

G. W. Hogan, State Auditor
February 25, 1987
House Bill 376 Substitute (LC 7 6675S) Retirement and Pensions General Provisions

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JOURNAL OF THE SENATE

This Bill would require employers to provide written notification to spouses (who are designated as beneficiaries of any publicly funded retirement, pension, or life insurance ben efits) prior to enacting any proposed changes which would alter the spouse's designation. Proposed changes in beneficiary designation could not become effective until thirty days after the employer mails the written notification to the spouse beneficiary. Should a spouse die within the 30 day notification period, the new beneficiary designation would become effective immediately.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
M G.W. Hogan State Auditor
The Senate Committee on Retirement offered the following substitute to HB 376:
A BILL
To be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, regarding general provisions relating to retirement and pensions, so as to require that persons who designate their spouses as beneficiaries of certain publicly funded retirement, pension, and life insurance benefits comply with certain requirements prior to requesting or obtaining changes in such designation; to provide for damages and attorney's fees; to provide for forms; to provide for immunity from liability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, regarding general provisions relating to retirement and pensions, is amended by adding at the end thereof a new Code section to read as follows:
"47-1-13. (a) A person who has designated that person's spouse as a beneficiary of any retirement, pension, or life insurance benefits made available to that person by the employer thereof, which benefits are funded by that employer wholly or partially from public funds, may only change that spouse's designation as such beneficiary if the request for that change is accompanied by:
(1) A written consent to that change which is signed by the designated beneficiary spouse and witnessed by a notary public; or
(2) An affidavit executed by the person requesting that change and stating that such designated beneficiary spouse:
(A) Is no longer the requesting person's spouse because of death or divorce; or
(B) (i) Has been sent, postpaid to the designated beneficiary's last known address, writ ten notification of the requesting person's plan to change the designation from the desig nated beneficiary spouse; or
(ii) Has no address known to the affiant.
(b) Any person required to comply with subsection (a) of this Code section who obtains a change in beneficiary without complying with that subsection (a) or who obtains such change by knowingly falsifying or having falsified any written consent or affidavit required for such compliance shall, in addition to any other civil remedy or criminal penalty provided by law, be liable to the spouse whose designation was so changed for liquidated damages in the amount of $5,000.00, plus reasonable attorney's fees.
(c) Benefits subject to subsection (a) of this Code section include benefits payable before or after retirement. An employer making such benefits available shall provide consent and affidavit forms for the purpose of changes in beneficiary under subsection (a) of this

FRIDAY, MARCH 4, 1988

2081

Code section. An employer who makes a change in a beneficiary designation in reliance upon a consent or affidavit submitted by a person requesting a change, as provided in subsection (a) of this Code section, shall not be liable for such change unless the employer knows such consent or affidavit has been fraudulently made."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 9, 1988

SUBJECT: House Bill 376 (Substitute) (LC 11 6365S) Retirement and Pensions General Provisions

This revised Bill would require employees to notify spouses (who are designated as ben eficiaries of any publicly funded retirement, pension, or life insurance benefits) prior to en acting any proposed changes which would alter the spouse's designation. Requests for changes would be required to be accompanied by written consent by the spouse (notarized), or an affidavit by the employee. This Bill also provides for forms to be supplied by the employer and that employers would not be liable for improper changes (unless aware of fraud). In addition, the Bill provides for the payment of damages and attorney fees when falsified records are involved. If enacted, this Bill would become effective upon the approval of the Governor or upon becoming law without such approval.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/a/ G. W. Hogan State Auditor

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram Fincher Foster

Garner Gillis Harris Hine Huggins Johnson Kidd Langford McGill McKenzie

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JOURNAL OF THE SENATE

Newbill Olmstead
Peevy Perry Phillips Ragan of 10th

Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Stumbaugh

Tate Taylor
Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker English Harrison

Howard Hudgins Kennedy (presiding)

Land Starr

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candi date or campaign committee or for recall of a public officer; to change the provi sions relating to the campaign committee treasurer.

Senator Kidd of the 25th moved that the Senate recede from its disagreement to the House substitute to SB 564, and agree to the House substitute to SB 564 as amended by the following amendment:
Amend the House substitute to SB 564 by adding quotation marks at the end of line 4 of page 4.
By striking in their entirety lines 5 through 18 on page 4, which read as follows:
"(g) No person or business entity or political action committee shall contribute any thing of value to a member of the governing authority of any county or municipality for a period of one year before and one year after such person or business entity shall have any matter pending before such governing authority. For the purposes of this subsection, 'mat ter pending' shall include, but shall not be limited to, any zoning proposal or amendment to the zoning ordinance, sales to the governing authority, or employment by the governing authority. Any candidate who pretends to raise money to support other candidates shall not use any monies raised under such pretense for promoting himself or his own campaign."

Senator Howard of the 42nd moved that the motion offered by Senator Kidd of the 25th be amended by further amending the House substitute to SB 564 as follows:
Amend the House substitute to SB 564 by striking from page 11, line 8, the word "net",

and by striking from line 13 the word "net",

and from lines 14 through 17 the word "net" through the word "thereon" on line 17.

FRIDAY, MARCH 4, 1988

2083

On the adoption of the motion offered by Senator Howard of the 42nd, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon
Coverdell

Crumbley Edge Hine Howard
Newbill

Phillips Ragan of 32nd
Stumbaugh Tysinger

Those voting in the negative were Senators:

Allgood Barnes Broun Bryant Burton Coleman Dawkins Deal Dean Echols English Fincher

Foster Garner Gillis Harris Hudgins Huggins Johnson Kidd Langford McGill McKenzie Olmstead

Peevy Perry Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Turner Walker

Those not voting were Senators:

Bowen Engram

Harrison Kennedy (presiding)

Land Timmons

On the adoption of the motion offered by Senator Howard of the 42nd amending the motion offered by Senator Kidd of the 25th, the yeas were 14, nays 36, and the motion was lost.

On the adoption of the motion offered by Senator Kidd of the 25th, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bowen Bryant Coleman
Dean Echols English Engram Fincher Garner

Gillis Harris Hudgins Huggins Kidd
Langford McGi11 McKenzie Olmstead Peevy Perry

Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake
Starr Tate Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Albert Baldwin

Barker Barnes

Brannon Broun

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JOURNAL OF THE SENATE

Burton Coverdell Crumbley E<jge Foster

Mine Howard Johnson Newbill

Phillips Ragan of 32nd Stumbaugh Tysinger

Those not voting were Senators:

Harrison

Kennedy (presiding)

Land

On the adoption of the motion offered by Senator Kidd of the 25th, the yeas were 34, nays 19; the motion prevailed, and the Senate receded from its disagreement to the House substitute to SB 564, and agreed to the House substitute to SB 564 as amended by the Senate.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1357. By Representative Barnett of the 10th:
A bill to amend Code Section 36-1-21 of the Official Code of Georgia Annotated, relating to civil service systems for county employees, so as to change the provi sions describing the relationship of such law to certain constitutional amend ments and laws adopted pursuant to the authority of such constitutional amendments.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harrison Hine Howard Hudgins Huggins Johnson Kidd Land McGill McKenzie

Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Coverdell Garner Harris

Kennedy (presiding) Langford Olmstead

Scott of 2nd Shumake Stumbaugh

On the passage of the bill, the yeas were 46, nays 0.

FRIDAY, MARCH 4, 1988

2085

The bill, having received the requisite constitutional majority, was passed.
HB 1794. By Representatives Johnson of the 123rd, Holcomb of the 72nd, Long of the 142nd and others:
A bill to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to repeal mandatory closed seasons on oysters and clams; to provide for closed seasons.
Senate Sponsor: Senator Bryant of the 3rd.
The Senate Committee on Natural Resources offered the following substitute to HB 1794:
A BILL
To be entitled an Act to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to repeal mandatory closed seasons on oysters and clams; to provide for closed seasons; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, is amended by striking Code Section 27-4-195, relating to times and places for taking oysters and clams generally, in its entirety and sub stituting in lieu thereof a new Code Section 27-4-195 to read as follows:
"27-4-195. (a) It shall be unlawful to take oysters from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open or to close for the purpose of taking oysters all or any portion of the salt waters of this state at any time from January 1 to December 31, provided that the commissioner has determined that the opening or closing is in accordance with current, sound wildlife management principles as provided in Code Section 27-4-130.
(b) It shall be unlawful to take clams from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open and close, for the purpose of taking clams, any or a portion of the salt waters of this state at any time from January 1 through December 31, provided that the commissioner has determined that the taking of clams is in accordance with current, sound wildlife manage ment principles as provided in Code Section 27-4-130.
(c) It shall be unlawful to give permission to take oysters, clams, or both from any area not opened pursuant to this Code section.
(d) It shall be lawful for any person to take not in excess of two bushels of oysters or one bushel of clams per person per day for noncommercial purposes with a maximum of six bushels of oysters or two bushels of clams per boat per day, provided the person has on his person, while so taking, written permission from the landowner authorizing the taking."
Section 2. This Act shall become effective on May 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Allgood Coleman Deal

Howard Hudgins Kennedy (presiding) Shumake

Starr Stumbaugh Taylor

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1494. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics by in surers and rating and advisory organizations generally, so as to require an insurer to report its statistics through a recognized statistical agency or advisory organization.
Senate Sponsor: Senator Crumbley of the 17th.

The Senate Committee on Insurance offered the following substitute to HB 1494:

A BILL
To be entitled an Act to amend Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics by insurers and rating and advisory organizations generally, so as to require an insurer to re port its statistics through a recognized statistical agency or advisory organization; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics by insurers and rating and advisory organizations generally, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) Each insurer shall maintain statistics under statistical plans compatible with the rating plans used. An insurer shall report its statistics through a recognized statistical agency or advisory organization. No insurer shall be required to report its statistics through such agencies or organizations with respect to any unique or unusual risks or with respect to any risks rated in accordance with Code Section 33-9-32 or any lines or sublines of insurance

FRIDAY, MARCH 4, 1988

2087

for which such agencies or organizations do not promulgate rates or rating systems. More over, the Commissioner shall withhold from public inspection any proprietary information of any insurer, agency, or organization."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson McGill McKenzie Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Echols Kennedy (presiding)

Kidd Land Langford

Peevy Shumake

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.

Senator Garner of the 30th moved that the Senate recede from its disagreement to the House substitute to SB 573, and agree to the House substitute as amended by the following amendment:

2088

JOURNAL OF THE SENATE

Amend the House substitute to SB 573 by striking on page 5, lines 29 through 33 and on page 6, lines 1 through 3, and renumbering remaining sections accordingly.
Senator Ragan of the 10th moved that the amendment be printed.
On the adoption of the motion offered by Senator Ragan of the 10th, the yeas were 37, nays 3; the motion prevailed, and the amendment was ordered printed, and the action on the motion offered by Senator Garner of the 30th was postponed subject to the printing.
The following resolution of the Senate was read and put upon its adoption:
SR 501. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution amending SR 406 to adjourn the General Assembly at 12:00 o'clock Midnight on Friday, March 4, 1988.
On the adoption of the resolution, the yeas were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons.
Senator Stumbaugh of the 55th moved that the Senate adhere to the Senate substitute to HB 1268 and that a Conference Committee be appointed.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1268.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Stumbaugh of the 55th, Dawkins of the 45th and Deal of the 49th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1689. By Representatives Sinkfield of the 37th, Orrock of the 30th, Greene of the 130th and others: A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide a defini tion; to prohibit the Department of Corrections from entering into certain con tracts or making certain expenditures for the construction or use of certain addi tional confinement facilities unless notice thereof is provided to certain members of the General Assembly. Senate Sponsor: Senator Scott of the 36th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 4, 1988

2089

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Howard Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell Dawkins Hine

Hudgins Kennedy (presiding) Shumake

Starr Tate

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate, having been taken up previously today and action postponed subject to the printing of an amendment offered in a motion by Senator Garner of the 30th, was continued upon its consideration:

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.

On the adoption of the motion offered by Senator Garner of the 30th, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun Bryant Burton Coverdell Dawkins Echols

English Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins

Huggins Johnson Kidd Land Langford McGill McKenzie Newbill Olmstead Perry

2090

JOURNAL OF THE SENATE

Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd

Scott of 36th
Starr Stumbaugh Tate
Taylor

Timmons Turner
Tysmger Walker

Voting in the negative were Senators Brannon and Fincher.

Those not voting were Senators:

Allgood Baldwin Coleman
Crumbley

Deal Dean
Edge

Kennedy (presiding) Peevy
Shumake

On the adoption of the motion offered by Senator Garner of the 30th, the yeas were 44, nays 2; the motion prevailed, and the Senate receded from its disagreement to the House substitute to SB 573, and agreed to the House substitute to SB 573 as amended by the Senate.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1988.

Senator Barnes of the 33rd moved that the Senate adhere to the Senate substitute to HB 216 and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 216.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Barnes of the 33rd, Allgood of the 22nd and Starr of the 44th.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 1370. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, so as to provide that certain representations or implications in connection with certain promotional schemes designed to make contact with prospective customers shall be declared unfair or deceptive acts or practices and shall be unlawful.

The House amendment was as follows:
Amend the Senate substitute to HB 1370 by striking lines 15 through 17 of page 1 in their entirety and inserting in lieu thereof the following:
"subsection (b) and inserting in its place ';', and by adding two new paragraphs immedi-

FRIDAY, MARCH 4, 1988

2091

ately following paragraph (20) of subsection (b), to be designated paragraphs (21) and (22), to read".
By striking the period and the quotation mark at the end of line 20 of page 2 and inserting between lines 20 and 21 of page 2 the following:
"; or
(22) Except as provided in paragraph (16) of this subsection, no participant shall be required to purchase any additional goods or services in order to qualify for the prize offered in the promotional giveaway or contest. Any promotion which requires a participant to purchase additional goods or services to claim a prize which is purported to have been awarded to such person shall be unlawful.'"

Senator Dawkins of the 45th moved that the Senate agree to the House amendment to the Senate substitute to HB 1370.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Deal

Engram Kennedy (presiding)

Scott of 2nd Shumake

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1370.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 578. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide that each policy of motor vehicle liability insurance issued in this

2092

JOURNAL OF THE SENATE

state shall provide that a person who suffers personal injury or property damage in a motor vehicle accident shall be authorized to file a claim with the insurer of the party at fault in the accident.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health.
The House substitute to SB 532 was as follows:
A BILL
To be entitled an Act to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to repeal the provisions relating to health insurance benefits for employees of such county boards or departments of health; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, is amended by repealing subsection (d), which reads as follows:
"(d) Effective July 1, 1987, the employees of a county board and county department of health subject to the provisions of this Code section shall be eligible to and shall participate in the State Employees' Health Insurance Plan provided for by Article 1 of Chapter 18 of Title 45, and each such employee shall be an 'employee,' as defined by paragraph (2) of Code Section 45-18-1, for all purposes under said State Employees' Health Insurance Plan. Employee and employer contributions required for participation in the State Employees' Health Insurance Plan by such employees shall be based on state salaries paid to such em ployees or paid from state funds to the county for the purpose of paying the compensation of such employees, and salary supplements paid from county funds, as authorized by sub section (e) of this Code section, shall not be considered in the determination of such em ployee and employer contributions. Employer contributions required for the participation of such employees in the State Employees' Health Insurance Plan shall be paid from state funds in the same manner and to the same extent as employer contributions are paid from state funds for participation in such plan by employees of other county boards and depart ments of health. Employee contributions for such participation shall be withheld and paid as provided by regulations adopted for such purpose by the State Personnel Board.",
in its entirety and by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
Section 2. This Act shall become effective on April 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Coverdell of the 40th moved that the Senate disagree to the House substitute to SB 532.

FRIDAY, MARCH 4, 1988

2093

On the motion, the yeas were 35, nays 2; the motion prevailed, and the Senate disagreed to the House substitute to SB 532.

The President resumed the Chair.

The following general bill of the House, having been read the third time and lost on March 3, and reconsidered and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 1691. By Representatives Smyre of the 92nd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the economic development and enhancement of employment in the state through the acquisition, construction, and operation of a stadium suitable for multipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Congress Center and to provide for the financing of such project.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd Langford McGill

McKenzie Newbill Olmstead Peevy Perry Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Burton Land

Phillips

Ragan of 32nd

Not voting was Senator Stumbaugh.

On the passage of the bill, the yeas were 51, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

2094

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 501. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution amending SR 406.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.
Senate Sponsor: Senator Hudgins of the 15th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 23, 1988

SUBJECT: Fiscal Note--House Bill 1785 (LC 7 6816) County Ad Valorem Taxes--School Lunch Food

This Bill would allow county ad valorem taxes to be levied and collected for the purchase of food used for school lunch purposes. Existing provisions allow county taxes to be used for the other aspects of school lunch programs (lunchroom equipment, supplies, transportation, storage and preparation) but specifically exclude the use of county taxes for the purchase of food. If enacted, this Bill would become effective upon the approval of the Governor or upon becoming law without such approval.

This Bill would have no fiscal impact upon State revenues or expenditures. The fiscal impact of this Bill upon county revenues and expenditures cannot be determined since the counties that might elect to subsidize the purchase of school lunch food with tax dollars and any tax increase that might be necessary to fund these expenditures cannot be predicted.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senators Hudgins of the 15th and Baldwin of the 29th offered the following amendment:

FRIDAY, MARCH 4, 1988

2095

Amend HB 1785 by adding immediately after the numeral "VIII" on line 14 of page 1 the following:
", Section VI, Paragraph I".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon
Burton CCoolveemrdaenll
Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Garner
Harris Harrison
Mine 5oward Hudgms MJouhgngsionns
Kennedy Kidd Land McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th
Ragan of 32nd ^
Scott of 36th Shumake ,, ^Stuarmr b, augh,
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Dawkins

Gillis Langford

McKenzie Scott of 2nd

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1611. By Representatives Moody of the 153rd and Rainey of the 135th:
A bill to amend Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, so as to change certain provisions regard ing limits applicable to American shad or Hickory shad.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources offered the following substitute to HB 1611:

A BILL
To be entitled an Act to amend Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, so as to change certain provisions regard ing limits applicable to American shad or Hickory shad; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.

2096

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, is amended by adding a new paragraph immediately following paragraph (11), to be designated paragraph (11.1), to read as follows:
"(11.1) (A) Notwithstanding the provisions of paragraph (11) of this Code section to the contrary, two of any one or a combination of the following species if taken from the Ogeechee River:
(i) American shad;
(ii) Hickory shad;
(B) This paragraph shall stand repealed in its entirety on July 1, 1993;".
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bwen Brannon
roun BoCoruylreatomnntan CoVerdell Crumbley Dawkins Deal Dean Echols

Edge English Engrain Fincher Foster
Garner Gillis
Harris Hine Howard Hudgms Huggins Johnson Kidd Land Langford

McGill McKenzie Olmstead Perry Phillips
Ragan of 10th Ray
Scott of 2nd SS_ htaurmr ake Stumbaugh Tate Taylor Turner Tysinger Walker

Voting in the negative was Senator Kennedy.

Those not voting were Senators:

Harrison Newbill

Peevy Ragan of 32nd

Scott of 36th Timmons

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

FRIDAY, MARCH 4, 1988

2097

HB 1308. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to Georgia National Guard license plates, so as to authorize a distinctive license plate for retired members of the Georgia National Guard.
Senate Sponsor: Senator Barnes of the 33rd.
Senator Kidd of the 25th offered the following amendment:
Amend HB 1308 by adding in the title on line 1 of page 1, between the word "To" and the word "amend", the following:
"amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the founding of Georgia College; to".
By adding between lines 6 and 7 on page 1 the following:
"Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding immediately following Code Section 40-2-29.21 a new Code section to read as follows:
'40-2-29.22. (a) Georgia College having been chartered by the state in 1889, there shall be issued beginning in 1989 special license plates to commemorate the establishment of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appro priate to commemorate the founding of Georgia College. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.
(c) In calendar year 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehi cles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. In the event of the re newal or revalidation of special license plates after December 31, 1989, pursuant to Code Section 40-2-29.21, special license plates issued on or after January 1, 1989, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.
(d) In the event of the renewal or revalidation of special license plates after December 31, 1989, pursuant to Code Section 40-2-29.21, special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 402-29. Special license plates issued under this Code section may be transferred between vehi cles as provided in Code Section 40-2-76. Except as otherwise provided in Code Section 402-29.21, special license plates issued under this Code section shall expire and shall not be renewed or revalidated after December 31, 1989.'"
By striking from line 7 of page 1 the following:
"Section 1",
and inserting in lieu thereof the following:
"Section 2".
By striking from line 26 of page 4 the following:
"Section 2",
and inserting in lieu thereof the following:
"Section 3".
On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 37, nays 1, and the amendment was adopted.

2098

JOURNAL OF THE SENATE

Senator Barnes of the 33rd offered the following amendment: Amend HB 1308 by adding on line 4 of page 1 after the semicolon the following: "to provide for related matters;".

On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Engram Howard

Kennedy 1 ding) Perry

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

HB 337. By Representative Groover of the 99th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to abolish the State Board of Equalization; to repeal certain provisions for the return and assessment of public utility property for ad valorem school tax purposes, thereby providing for the return and assessment of such property in the same manner as other tangible property.
Senate Sponsor: Senator Hudgins of the 15th.

FRIDAY, MARCH 4, 1988

2099

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 16, 1988

SUBJECT: Fiscal Note--House Bill 337 (Substitute) (LC 14 5021S) Ad Valorem Property Taxes

This Bill provides that ad valorem taxation assessments on the property of utilities, airlines and special franchises would be assessed by local taxing jurisdictions (cities, coun ties and school districts) instead of the Department of Revenue. An exception would be Railroad Equipment Companies which would continue to be assessed by the Department. The Department would still be involved in developing proposed assessments; however, the final assessments and collection of the tax would be the responsibility of the local tax juris dictions. The Bill would also eliminate provisions requiring the State Board of Equalization to hear appeals involving certain tax assessment disputes. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval and would apply to all tax years beginning on or after January 1, 1989.

This Bill should have no impact on state or local tax revenues, since it primarily shifts the taxing responsibility from the state to local taxing officials. The state currently receives '/< of 1 mill on all utility, airline and special franchise property (approximately $1.5 million), with the remainder, about $150 million going to the local jurisdictions. Since the State Board of Equalization would no longer be responsible for hearing appeals involving certain tax assessment disputes, an administrative cost savings (of an amount that has not been determined at this time) would result from this Bill.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Hudgins of the 15th offered the following amendment: Amend HB 337 by striking from line 2 on page 3 the following: "At the same time, the". By striking lines 3 through 24 on page 3 in their entirety.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Hudgins Kidd

Land Peevy

Timmons Walker

Those voting in the negative were Senators:

Albert Allgood

Baldwin Barnes

Bowen Brannon

2100

JOURNAL OF THE SENATE

Broun Bryant Burton Coleman Coverdell Crumbley eal DEcehaonls
Edge
English Engram Fincher
Foster

Garner Gillis Harris Harrison Hine Howard Huvfgms JKoehnnnseodny
Langford
McGill McKenzie Newbill
Olmstead

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th :S;,humake
Starr
Tate Taylor Turner
Tysinger

Not voting were Senators Dawkins and Stumbaugh.

On the adoption of the amendment, the yeas were 7, nays 47, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun
f^/uy,rtofn* CCoovleemrdaenll
Dawkins Deal Dean
Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine
H"uwdgamrds JHouhgngsmons
Kennedy Kidd Land
Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray
SSccootttt ooff 23n6dth S_,humak. e
btarr Stumbaugh Tate
Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Barnes

Crumbley

Tysinger

On the passage of the bill, the yeas were 53, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1539. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide limita-

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tions and procedures relating to payment of stipends for participation in profes sional development programs.
Senate Sponsor: Senator Ray of the 19th.
The Senate Committee on Education offered the following substitute to HB 1539:
A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide limita tions and procedures relating to the payment of stipends for participation in professional development programs; to change provisions relative to staff development plans; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," is amended by striking paragraph (3) of sub section (a) of Code Section 20-2-167 in its entirety and inserting in lieu thereof the following:
"(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for staff development programs for certificated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to continue in currently assigned positions. If a local school system expends any portion of its professional development stipends for staff development programs pursuant to subsec tion (g) of Code Section 20-2-182, the 90 percent amount calculated under this subsection shall be increased by 90 percent of that amount of professional development stipends funds expended for this purpose. For each local school system which is granted an additional allot ment for the midterm adjustment pursuant to Code Section 20-2-162, these 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to re turn a portion of its allocation for staff development costs to the state, the 90 percent amount for staff development shall be reduced by that returned amount. Quality Basic Edu cation Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and oper ation of the staff development and professional development programs authorized pursuant to subsection (g) of Code Section 20-2-182."
Section 2. Said article is further amended by striking subsection (g) of Code Section 202-182, relating to program weights reflecting funds for salaries, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when mul tiplied by the base amount, shall also reflect an amount of funds for the purpose of provid ing professional development stipends which shall be sufficient to allow eligible certificated

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personnel to participate in such activities at least once every five years, subject to appropri ation by the General Assembly. Such stipends shall be provided to the individual on a reim bursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participa tion. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for staff development purposes may be used throughout the fiscal year to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional devel opment stipends may not be used for activities occurring during the period of the fiscal year that an employee is under contract. A local school system shall be authorized to expend up to 15 percent of its initial allotment of funds for providing professional development sti pends for staff development programs as specified under this subsection. If any portion of professional development funds are not expended by a local school system for these pur poses, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232."
Section 3. Said article is further amended by striking Code Section 20-2-232, relating to staff development plans, and inserting in lieu thereof a new Code Section 20-2-232 to read as follows:
"20-2-232. Each local school system shall develop a three-year projected comprehensive staff development plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. This plan shall be reviewed and updated annually. The annual projected comprehensive staff develop ment plan shall provide for programs designed to address needs of school and system per sonnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or prescribed by the state board. Each system is encouraged to collaborate with institutions of higher education, the Georgia Education Leadership Academy, regional educational service agencies, the State Department of Education, and other school systems to develop more effective and efficient programs to meet the needs of the system and individuals within the system."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman

Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Howard Huggins Johnson

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Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th

Shumake Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Bryant Mine

Hudgins Kennedy Ragan of 10th

Starr Stumbaugh

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd and others:
A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsi bility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capac ity to appreciate the wrongfulness of the conduct.

The House amendment was as follows: Amend the Senate substitute to HB 878 by striking from lines 4 and 5 of page 1 the following: "a definition", and inserting in lieu thereof the following: "definitions". By striking from line 13 of page 1 the following: "person", and inserting in lieu thereof the following: "persons". By striking lines 23 and 24 of page 1 and inserting in lieu thereof the following: "paragraph (3), to read as follows: '(3) (A) As used in this paragraph, the term "mentally retarded" means having signifi cantly sub-average general intellectual functioning resulting in or associated with impair ments in adaptive behavior and manifested during the developmental period. (B) In the trial of any case which commences on'". By striking from line 1 of page 2 the following: "mentally ill",

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and inserting in lieu thereof the following: "mentally retarded".

Senator Crumbley of the 17th moved that the Senate disagree to the House amendment to the Senate substitute to HB 878.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 878.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1363. By Representatives Thurmond of the 67th, Lee of the 72nd, Walker of the 85th and Bishop of the 94th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide pay ments to licensed child placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense.
Senate Sponsor: Senator Burton of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker
Barnes Bowen Brannon
rTM Coverdell Dawkins jjeal Dean Echols Edge English Fincher

Foster Garner Gillis
Harris Harrison Hine
Howard "uuggins Johnson Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd fumake ^tarr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Bryant
Coleman Crumbley

Engram Hudgins
McKenzie

Phillips Scott of 36th
Tate

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th: A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.
Senator Hine of the 52nd moved that the Senate adhere to the Senate substitute to HB 1348 and that a Conference Committee be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1348.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hine of the 52nd, Kidd of the 25th and Deal of the 49th.
Senator Gillis of the 20th assumed the Chair at the direction of the President.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1284. By Representative Steinberg of the 46th: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, so as to prohibit ac cess to the use of certain telephone numbers when solicitations to call such num bers are made with certain automated dialing equipment; to make it unlawful to solicit calls to certain telephone numbers through the use of certain automated dialing equipment.
Senate Sponsor: Senator Edge of the 28th.
The Senate Committee on Public Utilities offered the following substitute to HB 1284:
A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, so as to pro hibit access to the use of certain telephone numbers when solicitations to call such numbers are made with certain automated dialing equipment or are made through the United States mail; to make it unlawful for users of certain telephone numbers to solicit calls to such telephone numbers through the use of certain automated dialing equipment or through the use of the United States mail; to provide for enforcement; to provide for penalties; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, is amended by adding at the end thereof a new Code Section 46-5-24 to read as follows:
"46-5-24. (a) As used in this Code section, the term:
(1) 'ADAD equipment' means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages to the number so se lected or dialed.

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(2) '976 number' means any seven-digit telephone number the first three digits of which are 976 or any other combination of numbers and for which a per-call fee is charged for calling such telephone number.
(b) (1) It shall be unlawful for any person making use of a 976 number for the receipt of incoming calls to use, to employ or direct another person to use, or to contract for the use of ADAD equipment for the purpose of soliciting any person to call such 976 number.
(2) It shall be unlawful for any person making use of a 976 number for the receipt of incoming calls to use, to employ or direct another person to use, or to contract for the use of the United States mail for the purpose of soliciting any person to call such 976 number.
(c) No telephone exchange company shall provide access to a 976 number or numbers to any person who solicits calls to such number or numbers through the use of ADAD equip ment or through the use of the United States mail. The telephone exchange companies shall, upon the order of the commission, withdraw access to a 976 number or numbers from any person if calls to such number or numbers are solicited by ADAD equipment or are solicited through the use of the United States mail.
(d) The provisions of this Code section shall supersede any rule, regulation, or order governing the use of 976 numbers if such is in conflict with this Code section. Except for criminal sanctions, the commission is charged with the responsibility of enforcing this Code section. Any person who violates any provision of this Code section shall be subject to dis connection of 976 number telephone service if the commission determines that any violation has occurred and upon the commission's, thereafter, issuing an order directing such disconnection.
(e) Any person who violates any provision of subsection (b) of this Code section shall be guilty of a misdemeanor."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon
BCouvrteorndell
Crumbley Dawkins Deal Dean Echols Edge

Fincher Foster Garner Harrison Mine Howard
Huggins JKoihdndson
Land Langford McGill McKemie Newbill Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd Rav Scott of 2nd
Scott of 36th ^,,h, umak, e
late Taylor Timmons Turner Tysinger Walker

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2107

Those not voting were Senators:

Allgood Barker Coleman
English

Engram Gillis (presiding) Harris
Hudgins

Kennedy Phillips Starr
Stumbaugh

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1030. By Representative Workman of the 51st:
A bill to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans of motor vehicle liability insurance, self-insurers, and "spot" insurance, so as to authorize the Commissioner of Insur ance to approve certificates of self-insurance for motor vehicle insurance purposes.
Senate Sponsors: Senators Howard of the 42nd and Stumbaugh of the 55th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Harrison Howard Huggins Johnson Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Broun Coleman Gillis (presiding)

Harris Hine Hudgins Kennedy Phillips

Scott of 2nd Shumake Starr Tate

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1403. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to redesignate the provisions relating to post-secondary voca tional education and place them in a separate article.
Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Education offered the following substitute to HB 1403:
A BILL
To be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the name of the State Board of Postsecondary Voca tional Education to the State Board of Technical and Adult Education; to create the office of adult literacy within the State Board of Technical and Adult Education; to provide for the powers, duties, and responsibilities of the State Board of Technical and Adult Educa tion in providing technical education, adult education, and general educational development programs; to change the name of the executive director of postsecondary and vocational education to the commissioner of technical and adult education; to create the Adult Liter acy Advisory Committee; to establish the Department of Technical and Adult Education and to provide for its powers, duties, and responsibilities; to empower the Department of Technical and Adult Education to buy and sell real and personal property in connection with its postsecondary technical education program; to transfer from the Department of Education to the State Board of Technical and Adult Education such authority, provisions, and personnel positions presently used by the Department of Education to administer adult literacy and general educational development programs; to redesignate the provisions relat ing to postsecondary technical education; to make certain editorial corrections by changing references in the provisions relating to the quick start program from the State Board of Education to the State Board of Technical and Adult Education; to amend Code Section 4520-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Administration, so as to change a reference to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education; to amend Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to ac quisitions of real property by the State Properties Commission, so as to change certain ex ceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking in their entirety Code Sections 20-2-304, 20-2-311, 20-2-1140, 20-21141, and 20-4-100, which read as follows:
"20-2-304. (a) The State Board of Education shall maintain an adult general education program. This program shall provide instruction in basic skills and subjects to individuals 18 years of age and older who have left school and who have less than an eighth-grade education or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth-grade education or its equivalent. Priority shall be given to elimination of illiteracy in the state and to the attainment of general edu cational development (GED) equivalency diplomas. Programs of general education for adults should serve to improve the ability of the individual to profit from occupational training and meet adult responsibilities more effectively. Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll in adult education programs if they receive written ap proval from the superintendent of the local school system or the superintendent's designee. However, the language contained in this subsection shall in no way prohibit a student who withdrew from school prior to graduation due to marriage, pregnancy, childbirth, or compli-

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cations thereof from reenrolling in the regular general education program pursuant to Code Section 20-2-150.
(b) Except where prohibited by federal law, rules, or regulations, local units of adminis tration shall be authorized to utilize personnel funded under this Code section to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult education.
(c) The State Board of Education is authorized to receive federal funds allotted to Georgia for adult education. The state board shall establish policies, regulations, and stan dards relating to implementation and operation of general education programs for adults. To be eligible for state and federal funds, all programs shall be operated in accordance with state board policies, regulations, and standards. Any other Code section of this article to the contrary notwithstanding, the state board shall annually request of the General Assembly funds for adult general education and is authorized to utilize such state and federal funds to contract with local units of administration and other public agencies to finance adult general education for eligible individuals.
20-2-311. (a) (1) There is established a State Board of Postsecondary Vocational Educa tion consisting of not less than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large appointments. Members shall represent business, industry, or economic develop ment. The board shall elect from its members a chairman, vice chairman, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such va cancy and the person so appointed shall serve for the unexpired term of office.
(2) The State Board of Postsecondary Vocational Education shall be empowered to:
(A) Approve occupational programs of two-year duration or less; provided, however, any courses to be transferable to units of the University System of Georgia shall be approved by the Board of Regents of the University System of Georgia;
(B) Receive and hold title to property, equipment, money, and materials;
(C) Solicit and receive funds from the general public, corporate underwriters, and foundations;
(D) Contract with other state, federal, or local schools and organizations, individuals, or other legal entities;
(E) Select and employ an executive director and staff and prescribe the duties and com pensation thereof;
(F) Establish and promulgate standards, policies, and procedures for the orderly and efficient operation of postsecondary area vocational-technical schools, programs, and institu tions, to include but not be limited to, developing criteria for employment and retention of faculty and staff, student admissions, program approval, salaries, tuition, and fees; long and short-term planning to include facilities, program standards, length and outcome competen cies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector, industry-education partner ships, data collection, representing postsecondary vocational-technical education in all fo rums, and such other functions necessary to assure a state-wide system of schools with cen tralized and specialized leadership at the state level; and
(G) Establish local boards of directors for postsecondary vocational-technical schools which it operates to assist the state board in carrying out its mission. The purpose of such boards shall be to facilitate the delivery of programs, services, and activities as directed by the state board. The state board shall be empowered to contract with local boards for such services as the state board deems necessary. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all members of

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any board shall represent the geographic area which the institution serves as defined by the state board; provided, further, that all members shall represent business, industry, or eco nomic development. The state board shall be empowered to establish and approve all by laws and actions of all local boards of directors. Each local board of directors shall meet at least eight times per year. Each member of such local board of directors shall be reimbursed for expenses incurred in performing his or her duties as provided in paragraph (4) of this subsection for state board members.
(3) The State Board of Postsecondary Vocational Education shall exercise state-level leadership, management, and operational control over postsecondary area vocational-techni cal schools, programs, and services including such postsecondary vocational schools now op erated by the state and shall provide for a comprehensive program of career, occupational, and vocational-technical education for adults and out-of-school youths. The purpose of this program shall be to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and ac tivities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and to provide a sys tem of schools which is a full partner in economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and indus try to the state and the expansion of existing business and industry in the state.
(4) The members of the State Board of Postsecondary Vocational Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Depart ment of Audits and Accounts in the same manner that employees of the State Merit System are reimbursed. For those State Board of Postsecondary Vocational Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Postsecondary Vocational Education.
(5) The State Board of Postsecondary Vocational Education shall meet monthly. Addi tional meetings may be called by the chairperson or at the request of three or more of the members.
(6) The State Board of Postsecondary Vocational Education shall adopt procedures for the conduct of its activities.
(7) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education shall annually determine the amount of funds needed to provide postsecondary and adult vocational-technical education programs for bus iness and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Educa tion is designated as the 'sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocationaltechnical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; fur ther, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the operation and management of the postsecondary area vocationaltechnical schools and adult centers, as well as a proportionate share of those positions au thorized for fiscal year 1986 for planning, evaluation, program improvement, and other ad ministrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the State Merit System.

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(8) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration and to other state and local agencies to be used for career, occupational, and vocational education.
(9) Any other Code section of this article to the contrary notwithstanding, and subject to appropriation by the General Assembly, the State Board of Postsecondary Vocational Education may adopt such salary and salary supplement schedules deemed necessary to carry out paragraph (8) of this subsection and shall establish policies, regulations, and stan dards relating to and necessary for the implementation of this Code section.
(10) Any other Code section of this article to the contrary notwithstanding, all decisions regarding the delivery of postsecondary and adult vocational-technical education programs and service to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecon dary Vocational Education. Commensurate with this authority the board shall exercise state-level management and operational control over the postsecondary area vocationaltechnical schools and adult vocational centers.
(11) Nothing in this Code section shall abridge the authority of the Board of Regents of the University System of Georgia to establish or operate colleges or of local boards of educa tion to operate schools.
(12) The State Board of Postsecondary Vocational Education shall establish those poli cies, standards, operating procedures, and control measures necessary to provide a modern system of postsecondary vocational-technical schools which is highly responsive to the occu pational education and training needs of business, industry, and students and which en hances the state's competitive position for economic development.
(13) The State Board of Postsecondary Vocational Education shall appoint an executive director and shall fix his compensation, duties, and responsibilities consistent with the pro visions of this article. The executive director shall exercise the overall supervision and direc tion of the staff of the State Board of Postsecondary Vocational Education and shall serve at the pleasure of the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education may assign and delegate to the executive director such responsibilities, powers, and duties as the State Board of Postsecondary Vocational Education may deem proper and appropriate, including the authority to execute in behalf of the State Board of Postsecondary Vocational Education legal documents and other filings.
(14) The executive director shall be responsible for implementing the policies of the State Board of Postsecondary Vocational Education and for the day-to-day operations of the State Board of Postsecondary Vocational Education. The executive director shall de velop job descriptions for the necessary administration, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the operation of the State Board of Postsecondary Vocational Education.
(15) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on or after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocationaltechnical schools governed by the state board shall become members of the Teachers Retire ment System of Georgia as a condition of employment, if otherwise eligible under laws, rules, and regulations, unless such personnel select membership in the Employees' Retire ment System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecon dary vocational-technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall become members of the Public School Employees Retirement Sys tem as a condition of employment if eligible. The State Board of Postsecondary Vocational Education shall provide by regulation for informing prospective employees of the option

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provided for by this paragraph so that such personnel may choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their employment.
(16) All full-time employees of a postsecondary vocational-technical school formerly op erated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date which the state board assumes governance of the postsecondary vocational-technical school shall elect either to continue membership in the Teachers Re tirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational school governed thereby. All employees who are members of the Public School Employees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retire ment System of Georgia or the Employees' Retirement System of Georgia if otherwise eligi ble under laws, rules, or regulations.
(17) Employees of postsecondary vocational-technical schools governed by the state board shall serve in the unclassified service of the State Merit System as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the State Merit System as defined by Code Section 45-20-6 may elect to remain in the classified ser vice and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different posi tions or locations shall become members of the unclassified service.
(18) Employees of postsecondary vocational-technical schools governed by the state board who are appointed after July 1, 1987, or after the date on which the state board assumes governance of the postsecondary vocational-technical schools shall have their com pensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of employment. Such employees shall receive benefits in effect at the time of employment available to state employees employed by the state board. The benefits and compensation for any employee may be amended, increased, or decreased at any time as the state board deems appropriate.
(19) Employees of postsecondary vocational-technical schools formerly operated by a local board of education or area postsecondary vocational education board shall as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary voca tional-technical school make a choice as follows as to which salary and which benefit plan shall govern their employment:
(A) The salary earned as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefit plan in effect as of the same date, provided that such benefits can be obtained for comparable or less cost by the state board. If such benefits cannot be obtained for compara ble or less cost, such employees shall receive the benefits available to state employees em ployed by the state board. The future salaries of employees making this choice shall be governed by policies established by the state board. Employees making this choice shall have no rights to salary increases accruing from past or future conditions or changes to their former compensation plans administered by local boards of education or area postsecondary vocational education boards;
(B) The salary earned as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefits available to state employees employed by the state board as of the same date, pro vided that the state board may increase the salaries of employees to conform with the state board compensation plan in effect as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school. Employees making this choice shall have their compensation administered in conformity with state board pol icy in accordance with the state board compensation plan; or

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(C) Employees of postsecondary vocational-technical schools formerly operated by local boards of education or area postsecondary vocational-technical boards who choose to be pro moted or who request to transfer to different positions or locations shall be placed under the state board compensation plan and shall receive benefits as provided by subparagraph (B) of this paragraph.
(20) Employees in the classified service of the State Merit System who are employed by postsecondary vocational-technical schools governed by the state board who elect to become members of the unclassified service shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of such election.
(21) An employee of a postsecondary vocational-technical school governed by the state board may be granted an amount of initial accrued sick and annual leave; provided, how ever, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have been accrued in the employment of the state board; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, any leave granted under this paragraph shall be subject to the same limitations as leave accrued while employed by the state board, including forfeiture.
(22) Employees of postsecondary vocational-technical schools governed by the state board shall accrue sick leave as provided for by the rules and regulations of the State Per sonnel Board.
(23) Employees of postsecondary vocational-technical schools governed by the state board shall receive days off with pay, the total of which in any year shall not exceed the total of the number of state holidays provided by Code Section 1-4-1 and the number of annual leave days authorized by the rules and regulations of the State Personnel Board. The state board may by policy establish conditions regulating such days off with pay. Such em ployees shall accrue annual leave as provided for by the rules and regulations of the State Personnel Board. For the purposes of determining the number of annual leave days author ized to be accrued by the rules and regulations of the State Personnel Board, years of expe rience in the employment of local boards of education or area postsecondary vocational edu cation boards shall be counted as years of experience in the employment of the vocationaltechnical schools governed by the state board.
(b) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education shall assume the management, operation, and control of the Quick Start Program. The State Board of Education shall transfer to the State Board of Postsecondary Vocational Education all existing staff, equipment, funds, property, and support functions and facilities currently under its control to accomplish this requirement, as set forth in this Code section.
(c) Upon a postsecondary vocational-technical school's conversion to state management, any unexpended nonstate funds that have been collected by, appropriated for, or otherwise earmarked for use by said postsecondary vocational-technical school operated by a local board of education or an area board shall remain with that school until expended for the intended purpose.
20-2-1140. (a) It shall be the duty of the State Board of Education and it shall have the power:
(1) To perform research, collect data and statistics, and procure surveys of any and all communities, districts, or vicinities of the state looking to the obtaining of a more detailed, definite, and particular knowledge as to the true conditions of the state with regard to its adult illiteracy;

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(2) To encourage and promote the establishment of schools for adult illiterates and to cooperate with other state, county, or federal agencies in the elimination of adult illiteracy;
(3) To report regularly the results of its labors to the General Assembly;
(4) To interest persons and institutions in the dispensation of any and all funds and endowments of whatsoever kind which will or may aid in the elimination of the adult illiter acy of the state; and
(5) To do or perform any other act which in their discretion will contribute to the elimi nation of the state's adult illiteracy by means of education, instruction, and enlightenment.
(b) The state board may receive, accept, hold, own, distribute, and expend any and all funds or other things of value with which it may be endowed or may otherwise receive for the purpose of educating, instructing, or enlightening illiterate persons in this state. The board shall be controlled by such regulations as it may adopt for the expenditure or dis bursement of such funds; provided, however, that any and all such funds which may come to the hands of the state board shall be expended in keeping with the general purposes of this Code section and Code Section 20-2-1141.
20-2-1141. The State Board of Education shall adopt such rules and regulations as may seem expedient to it for the carrying on of its business in regard to adult illiteracy in the manner which shall seem to it most systematic and satisfactory.
20-4-100. (a) The State Board of Postsecondary Vocational Education is authorized and directed to promulgate rules and regulations for the charging of tuition fees by vocationaltechnical schools operated by local boards of education, independent boards of trustees, and the State Board of Postsecondary Vocational Education.
(b) Any vocational-technical school operated by a local board of education, an indepen dent board of trustees, or the State Board of Postsecondary Vocational Education shall be authorized to charge tuition fees in conformity with the rules and regulations promulgated by the State Board of Postsecondary Vocational Education.
(c) The State Board of Postsecondary Vocational Education may from time to time amend its rules and regulations concerning charging of tuition fees.
(d) Tuition fees charged by vocational-technical schools operated by local boards of education, independent boards of trustees, and the State Board of Postsecondary Vocational Education shall not be used to supplant existing state or local funding but shall be used for budgeted improvements not funded from existing state and local sources.
(e) The State Board of Postsecondary Vocational Education shall not withhold from any vocational-technical school which charges tuition fees as authorized by this Code section any funds which would otherwise be payable by the State Board of Postsecondary Voca tional Education to such school by contract, grant, or otherwise."
Section 2. Said title is further amended by striking Article 2 of Chapter 4 which reads as follows:
"ARTICLE 2
20-4-20. The State Board of Education is authorized to locate, set up, establish, operate, maintain, and carry on state area trade, vocational, and industrial schools for teaching voca tional, industrial, and trade subjects.
20-4-21. To better enable the State Board of Education to locate properly and carry on the state area schools as provided in Code Section 20-4-20, the state board is authorized to contract for and purchase real estate and building sites; to build, construct, and properly equip and maintain for teaching and boarding students all necessary buildings and houses; and to contract for, purchase, maintain, repair, and supply all necessary machinery, equip ment, instructional supplies, and maintenance equipment.

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20-4-22. The State Board of Education is authorized:
(1) To accept and receive donations and gifts of both real and personal property, in cluding machinery and equipment, from either public or private sources if offered uncondi tionally or under conditions related to the teaching of vocational, industrial, or trade courses;
(2) To accept, receive, use, distribute, and administer any and all appropriations that may be made by Congress to assist the state in the maintenance and operation of state area trade, industrial, or vocational schools;
(3) To administer all funds allocated or appropriated by the state for setting up, main taining, and operating such state area schools;
(4) To manage, administer, and use all funds that may be given or donated by individu als or other public or private agencies for setting up, maintaining, and operating such state area schools; and
(5) To allocate and distribute to the different state area schools established by virtue of this article in such proportions as may in its discretion be most advantageous to the state as a whole any and all machinery and equipment which is owned or held by the state board or which may hereafter be obtained or acquired.
20-4-23. The State Board of Education is authorized to adopt, promulgate, and estab lish rules and regulations for the operation of state area trade, vocational, and industrial schools; to provide for the entrance and enrollment of students for courses; to fix and pre scribe courses of study to be taught; to prescribe the ages, requirements, and conditions under which students may be received for instructions in such schools; and to prescribe and arrange for classes and courses in the different vocations and trades.
20-4-24. The State Board of Education is authorized to employ necessary teachers, su pervisors, and directors of vocational training for carrying on and operating area trade schools set up, established, and operated by virtue of the authority invested in the state board by this article; and the state board is authorized to fix and pay the salaries and ex penses of such employees out of funds made available by appropriations of Congress, the state, and gifts or donations for such purposes. The state board is also authorized where funds are made available therefor to provide for transportation of trainees to and from state area schools established under authority of this article, this power to be exercised in the discretion of the state board.
20-4-25. (a) Each person employed on a full-time basis by a state area trade, vocational, or industrial school shall be entitled to sick leave with full pay computed on the basis of 1 Yt working days for each completed school month of service, such leave to be cumulative over each school year; provided, however, unused sick leave may be accumulated under rules and regulations adopted by the State Board of Education. Such an employee may utilize sick leave upon the approval of the director of the school in which such employee is em ployed for absence due to illness or injury or necessitated by exposure to contagious disease in which the health of others would be endangered by his attendance on duty or due to illness or death in the employee's immediate family. Employees shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other nonwork days. No employee utilizing sick leave under this Code section shall be required to pay the cost of employing a substitute to serve in his absence on such sick leave.
(b) During any school year, an employee covered by subsection (a) of this Code section may utilize up to a maximum of three days of any accumulated sick leave for the purpose of absenting himself from his duties for personal or professional reasons if prior approval of his absence is given by the director or his authorized representative.
20-4-26. Nothing in this article shall be construed as repealing, changing, or modifying any of the laws now in force relative to vocational training in the public schools of the state or as repealing, changing, or modifying the laws relative thereto or the method of distribu-

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tion of funds to public schools for teaching vocational subjects; but this article shall be construed as giving and granting additional and supplemental powers relative to the teach ing of vocational subjects and courses.",
and inserting in lieu thereof a new Article 2 to read as follows:
"ARTICLE 2
20-4-10. (a) There is established a State Board of Technical and Adult Education con sisting of not fewer than 15 members who shall be appointed by the Governor and con firmed by the Senate for five-year terms, one from each congressional district and five atlarge members. Members shall represent business, industry, or economic development. The board shall elect from its members a chairperson, vice chairperson, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy in the same manner as the original appointment and the person so appointed shall serve for the unexpired term of office.
(b) As used in this article, the term 'state board' means the State Board of Technical and Adult Education.
20-4-11. The State Board of Technical and Adult Education shall be empowered to:
(1) Provide for a comprehensive program of literacy, career, occupational, and technical education for adults and out-of-school youths. Such program shall promote the economic well-being of Georgia citizens by providing high quality postsecondary technical and adult literacy education programs, services, and activities which are easily accessible by all seg ments of the adult population who need and can benefit from training, retraining, or up grade training for employment and which is highly responsive to individuals needing to achieve basic, general and specialized literacy. Such program shall also provide a system of schools which is a full partner in the economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and indus try to the state and the expansion of existing business and industry in the state;
(2) Establish and promulgate standards, rules, regulations, and policies for the orderly and efficient operation of the Department of Technical and Adult Education and of postsecondary technical schools, programs, and institutions, including those which it operates and those operated by local and area boards of education, and for the orderly and efficient provision of adult literacy education programs:
(A) Such standards, rules, regulations, and policies may include but not be limited to developing criteria for the recruitment, employment and retention of faculty and staff; re cruitment of students and student admissions; program approval, salaries and salary supple ments, tuition, and fees; eligibility of public and private providers of adult literacy educa tion programs for state and federal funds, levels of funding for such providers and associated levels of required provider matching funds; long and short-term planning to in clude facilities, program standards, and outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting re sources from the private sector; industry and education partnerships; research and data col lection; representing postsecondary technical and adult literacy education in all forums; and such other functions necessary to assure an effective and efficient state-wide system of postsecondary technical schools and adult literacy education with leadership at the state level; and
(B) For adult literacy programs, the state board shall establish:
(i) One set of standards for public adult literacy providers and another set of standards for private adult literacy providers. The public standards shall be more comprehensive and detailed than the private standards; and
(ii) Standards and requirements for the attainment of a high school equivalency certifi-

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cate which shall be comparable to the high school graduation requirements set by the State Board of Education for public school programs and which shall also be at least equal to the requirements established for a general educational development equivalency diploma. The State Board of Technical and Adult Education shall also adopt and administer an instru ment to measure the level of achievement required to obtain a high school equivalency certificate;
(3) Select and employ a commissioner of technical and adult education and fix his com pensation, duties, and responsibilities consistent with the provisions of this article. The commissioner shall:
(A) Exercise the overall supervision and direction of the Department of Technical and Adult Education and shall serve at the pleasure of the State Board of Technical and Adult Education. The State Board of Technical and Adult Education may assign and delegate to the commissioner such responsibilities, powers, and duties as the State Board of Technical and Adult Education may deem proper and appropriate, including the authority to execute on behalf of the State Board of Technical and Adult Education legal documents and other filings; and
(B) Be responsible for implementing the policies of the State Board of Technical and Adult Education and for the day-to-day operations of the Department of Technical and Adult Education. The commissioner shall develop job descriptions for the necessary admin istrative, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the operation of the Department of Technical and Adult Education;
(4) Establish an Adult Literacy Advisory Committee to advise and assist the state board in developing goals, objectives, policies, methods, and standards for the delivery of adult literacy programs. This committee will further assist the state board by communicat ing and facilitating the adoption of such goals, objectives, policies, methods, and standards by the organizations and groups which its members represent. Each member of this commit tee shall be reimbursed for actual expenses incurred in performing his or her duties as pro vided in Code Section 20-4-12 for state board members;
(5) Establish local boards of directors for postsecondary technical schools which the state board operates to assist the state board in carrying out its mission. The purpose of such boards shall be to facilitate the delivery of programs, services, and activities as directed by the state board. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all members of any board shall re present the geographic area which the institution serves as defined by the state board; pro vided, further, that all members shall represent business, industry, or economic develop ment. The state board shall be empowered to establish and approve all bylaws and actions of all local boards of directors. Each local board of directors shall meet at least eight times per year. Each member of such local boards of directors shall be reimbursed for expenses incurred in performing his or her duties as provided in Code Section 20-4-12 for state board members;
(6) Establish service delivery areas as required to carry out the state board's mission in delivering, supervising, funding, administering, coordinating, and monitoring adult literacy education; and
(7) Establish a local adult literacy advisory committee for each service delivery area which it establishes. The purpose of each such committee shall be to identify and recom mend goals, objectives, target groups, programs, curricula, and delivery methods for adult literacy programs; to develop and recommend associated short and long-range plans; to rec ommend a fiscal agent; and to perform other activities as may be directed by the state board to provide for the most effective and efficient delivery of adult literacy programs in the local committee's service delivery area. The state board shall establish the number of members of each local committee and the terms of office thereof, provided that all members of any local committee shall represent the area defined by the state board to be the adult literacy service delivery area; provided, further, that the membership of each local committee shall include

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local civic leaders and representatives of adult literacy providers, business, and industry. The state board shall be empowered to establish and approve all bylaws and actions of all local committees. Each local committee shall meet at least four times per year. Each mem ber of such local committee shall be reimbursed for expenses incurred in performing his or her duties as provided in Code Section 20-4-12 for state board members.
20-4-12. The members of the State Board of Technical and Adult Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Depart ment of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those State Board of Technical and Adult Education members who are not in state employment, the expense and mileage allowance shall be the same as that au thorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Technical and Adult Education.
20-4-13. The State Board of Technical and Adult Education shall meet monthly. Addi tional meetings may be called by the chairperson or at the request of three or more of the members. The State Board of Technical and Adult Education shall adopt procedures for the conduct of its activities.
20-4-14. (a) There is established a Department of Technical and Adult Education.
(b) The department shall exercise state level leadership, management, and operational control over schools, programs, and services authorized in this article and Article 3 of this chapter.
(c) The Department of Technical and Adult Education shall be empowered to:
(1) Approve occupational programs below the baccalaureate level; provided, however, any courses to be transferable to units of the University System of Georgia shall be ap proved by the Board of Regents of the University System of Georgia;
(2) Receive and hold title to property, equipment, money, and materials;
(3) Acquire, improve, and sell real or personal property in connection with student live work projects and to receive, retain, and utilize for such purposes donations, student supply fees, and moneys generated as a result of the sale of such projects, provided that all acquisi tions and sales of real property in connection with student live work projects shall be ap proved by the state board;
(4) Solicit and receive funds from the general public, corporate underwriters, and foundations;
(5) Contract with other state, federal, or local public or private schools and other enti ties, individuals, or other legal entities for the provision of programmatic or administrative services or activities the department deems necessary; and
(6) Administer and supervise programs in accordance with standards, rules, regulations, and policies of the State Board of Technical and Adult Education.
20-4-15. (a) For the purposes of this article, literacy means a degree of proficiency in reading, writing and other communication skills; in computation; and in reasoning that en ables an individual to adapt to technological and other changes in society, compete in the job market, develop a sense of self-worth, and participate in the democratic process.
(b) The State Board of Technical and Adult Education shall establish adult literacy programs which provide for the attainment of reading, writing, and computational skills at the basic, general, and specialized levels of literacy. The state board shall determine the specific competencies concerning the skills and knowledge needed for each of the three levels of literacy; provided, however, that competencies at the specialized level contain the skills needed to qualify for a high school equivalency certificate.

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(c) There is established an office of adult literacy which shall report directly to the commissioner. The office of adult literacy shall provide programs for the effective and effi cient education of all Georgia adults eligible under the provisions of this Code section, in cluding the handicapped and those for whom English is a second language. Subject to the availability of funding, all levels of literacy programs defined by this article shall be pro vided in each service delivery area to any eligible individual who requests them. With the ultimate goal of the elimination of illiteracy in the state, priority shall be given to providing all eligible adults with the opportunity to attain a general level of literacy.
(d) Individuals shall be eligible for adult literacy services who comply with other eligi bility and attendance requirements as adopted by the state board and who:
(1) Are high school graduates or have high school equivalency certificates and who are deficient in one or more areas of competency offered by adult literacy programs; provided, however, that no person shall be eligible for a high school equivalency certificate who has a high school diploma; or
(2) Are at least 16 years of age and are not high school graduates but who are capable of attaining basic literacy skills as determined by policies established by the state board; pro vided, however, that an individual who is 16 or 17 years of age who has not graduated from high school shall present documented evidence that his or her school system has been noti fied that he or she has withdrawn from school.
20-4-16. (a) Any other Code section of this article to the contrary notwithstanding, the State Board of Technical and Adult Education shall annually determine the amount of funds needed to provide adult literacy and postsecondary technical education programs for businesses, industries, adults, and out-of-school youths and shall annually request that the Governor recommend that the General Assembly make such appropriations as are needed.
(b) Any other Code section of this article to the contrary notwithstanding, the Depart ment of Technical and Adult Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration, as defined in Code Sec tion 20-2-242, and to other state, regional, local, and private agencies to be used for adult literacy, career, occupational, and technical education programs.
(c) Adult literacy providers eligible to receive funds from the state board shall consist of those public and private entities which meet applicable public or private standards as deter mined by the state board. Such providers may include, but are not limited to, public and private schools, postsecondary technical schools, public and private colleges and universities, public libraries, community education programs, or businesses and industries. All public providers must meet public standards pursuant to Code Section 20-4-11 to be eligible to receive funds from the state board. Private providers may choose to meet either private or public standards pursuant to Code Section 20-4-11 and shall be eligible to receive funds from the state board in accordance with the standards which they meet.
20-4-17. (a) The Department of Education is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or technical education; provided, however, those funds appropri ated for the operation and management of postsecondary technical, adult, and industrial programs shall be placed under the jurisdiction and control of the Department of Technical and Adult Education; provided, further, a proportionate share of those federal funds appro priated for planning, evaluation, program improvement, and other administrative and dis cretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the operation and management of postsecondary technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the Department of Technical and Adult Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the state merit system.

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(b) The Department of Technical and Adult Education is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for adult literacy education programs. Those personnel positions authorized for fiscal year 1988 solely for the management, coordination, planning, evaluation, adminis tration, and program improvement of adult literacy education programs, and associated of fice equipment and furniture, shall be transferred to the Department of Technical and Adult Education. All officials and employees in such positions are also transferred to the Department of Technical and Adult Education and shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the state merit system.
20-4-18. Subject to the provisions of Code Section 20-4-20, any other Code section of this article to the contrary notwithstanding, all decisions regarding the delivery of adult literacy and postsecondary technical education programs and services to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools, to include the awarding of high school equivalency certificates, shall be made by the Department of Technical and Adult Education. Commensurate with this authority, the de partment shall exercise state level management and operational control over adult literacy education programs, postsecondary technical schools, and adult vocational centers.
20-4-19. The adult literacy education programs operated by the Department of Correc tions shall conform to the standards, regulations, policies, and procedures of the State Board of Technical and Adult Education; provided, however, that the Department of Cor rections shall give priority to complying with the standards, regulations, policies, and proce dures promulgated by the American Correctional Association and the Correctional Educa tion Association where any conflicts shall arise.
20-4-20. Nothing in this article shall abridge the authority of the Board of Regents of the University System of Georgia to establish or operate colleges or of local boards of educa tion to operate schools.
20-4-21. (a) Any postsecondary technical school operated by a local board of education, an area postsecondary technical education board, or the Department of Technical and Adult Education shall be authorized to charge tuition fees in conformity with the rules and regula tions promulgated by the State Board of Technical and Adult Education.
(b) Tuition fees charged by postsecondary technical schools operated by local boards of education, area postsecondary technical education boards, and the Department of Technical and Adult Education shall not be used to supplant existing state or local funding but shall be used for budgeted improvements not funded from existing state and local sources.
(c) The Department of Technical and Adult Education shall not withhold from any postsecondary technical school which charges tuition fees as authorized by this Code section any funds which would otherwise be payable by the Department of Technical and Adult Education to such school by contract, grant, or otherwise.
20-4-22. Any other Code section of this article to the contrary notwithstanding, the Department of Technical and Adult Education shall assume the management, operation, and control of the quick start program. The Department of Education shall transfer to the Department of Technical and Adult Education all existing staff, equipment, funds, prop erty, and support functions and facilities currently under its control to accomplish this re quirement, as set forth in this article.
20-4-23. Upon a postsecondary technical school's conversion to state management, any unexpended nonstate funds that have been collected by, appropriated for, or otherwise earmarked for use by said postsecondary technical school operated by a local board of edu cation or an area board shall remain with that school until expended for the intended purpose.
20-4-24. Except where prohibited by federal law, rules, or regulations or rules, regula tions, or policies of the State Board of Technical and Adult Education, local units of admin istration shall be authorized to utilize personnel funded under this article to administer and

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coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult literacy education.
20-4-25. Newly hired professional personnel employed for the first time by the Depart ment of Technical and Adult Education on or after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary technical schools governed by the department shall become members of the Teachers Retirement Sys tem of Georgia as a condition of employment, if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Education or any postsecondary technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Re tirement System of Georgia or the Employees' Retirement System of Georgia shall become members of the Public School Employees Retirement System as a condition of employment, if otherwise eligible. The State Board of Technical and Adult Education shall provide by regulation for informing prospective employees of the option provided for by this Code sec tion so that such personnel may choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their employment.
20-4-26. All full-time employees of a postsecondary technical school formerly operated by a local board of education or area postsecondary technical education board as of July 1, 1987, or the date which the department assumes governance of the postsecondary technical school shall elect either to continue membership in the Teachers Retirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employ ment with the Department of Technical and Adult Education or any postsecondary techni cal school governed thereby. All employees who are members of the Public School Employ ees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia, if otherwise eligible under laws, rules, or regulations.
20-4-27. Employees of postsecondary technical schools governed by the department shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the state merit sys tem as defined by Code Section 45-20-6 may elect to remain in the classified service, and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different positions or loca tions shall become members of the unclassified service.
20-4-28. Employees of postsecondary technical schools governed by the department who are appointed after July 1, 1987, or after the date on which the department assumes govern ance of the postsecondary technical schools shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of employment. Such employees shall receive benefits in effect at the time of employment available to state employees employed by the department. The benefits and compensation for any employee may be amended, increased, or decreased at any time as the department deems appropriate.
20-4-29. Employees of postsecondary technical schools formerly operated by a local board of education, or area postsecondary technical education board, shall as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school make a choice as follows as to which salary and which benefit plan shall govern their employment:
(1) The salary earned as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later, and the benefit plan in effect as of the same date, provided that such benefits can be obtained for comparable or

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less cost by the department. If such benefits cannot be obtained for comparable or less cost, such employees shall receive the benefits available to state employees employed by the de partment. The future salaries of employees making this choice shall be governed by policies established by the state board. Employees making this choice shall have no rights to salary increases accruing from past or future conditions or changes to their former compensation plans administered by local boards of education or area postsecondary technical education boards;
(2) The salary earned as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later, and the benefits availa ble to state employees employed by the department as of the same date, provided that the department may increase the salaries of employees to conform with the state board compen sation plan in effect as of July 1, 1987, or the date on which the department assumes gov ernance of the postsecondary technical school. Employees making this choice shall have their compensation administered in conformity with state board policy in accordance with the state board compensation plan; or
(3) Employees of postsecondary technical schools formerly operated by local boards of education or area postsecondary technical education boards who choose to be promoted or who request to transfer to different positions or locations shall be placed under the state board compensation plan and shall receive benefits as provided by paragraph (2) of this Code section.
20-4-30. Employees in the classified service of the state merit system who are employed by postsecondary technical schools governed by the department who elect to become mem bers of the unclassified service shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of such election.
20-4-31. An employee of a postsecondary technical school governed by the department may be granted an amount of initial accrued sick and annual leave; provided, however, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have been accrued in the employment of the department; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, any leave granted under this Code section shall be subject to the same limitations as leave accrued while em ployed by the department, including forfeiture.
20-4-32. Employees of postsecondary technical schools governed by the department shall accrue sick leave as provided for by the rules and regulations of the State Personnel Board.
20-4-33. Employees of postsecondary technical schools governed by the department shall receive days off with pay, the total of which in any year shall not exceed the total of the number of state holidays provided by Code Section 1-4-1 and the number of annual leave days authorized by the rules and regulations of the State Personnel Board. The state board may, by policy, establish conditions regulating such days off with pay. Such employ ees shall accrue annual leave as provided for by the rules and regulations of the State Per sonnel Board. For the purpose of determining the number of annual leave days authorized to be accrued by the rules and regulations of the State Personnel Board, years of experience in the employment of local boards of education or area postsecondary technical education boards shall be counted as years of experience in the employment of postsecondary techni cal schools governed by the department.
20-4-34. All employees who were formerly employed by the State Board of Postsecon dary Vocational Education and who have become employees of the Department of Technical

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and Adult Education under this article shall continue to have all rights and benefits of employment, including retirement benefits, that they had when employed by the State Board of Postsecondary Vocational Education."
Section 3. Said title is further amended by striking Article 3 of Chapter 4 and inserting in lieu thereof a new Article 3 to read as follows:
"ARTICLE 3
20-4-40. There is established a supplemental program to provide special quick start training to meet the employment needs of new and expanding industry. The program shall be governed by the State Board of Technical and Adult Education.
20-4-41. The programs of technical training under this article shall be supplementary to those offered by postsecondary technical schools and shall be operated on a state-wide basis to assist any area to become more competitive in industrial and economic development; provided, however, no program may be made available to any area except as prescribed by the State Board of Technical and Adult Education. The program prescribed in this article shall be concerned only with training for skilled and semiskilled operations, including super visory personnel associated with such operations, and shall terminate when training needs have been met; provided, however, that basic academic education may be included as a part of the training program when such is necessary to ensure success of trainees in the occupa tional training program.
20-4-42. The Department of Technical and Adult Education shall administer the pro gram under this article and shall provide for technical and engineering services, publicity for the program, instructional services, in-plant training analysis, rental of instructional facili ties with necessary utilities, central warehousing and transportation of equipment and sup plies, other necessary services, overall program direction, and an adequate staff to carry out an effective training program.
20-4-43. (a) Training programs under this article may be carried out on the basis of training agreements between local boards of education having postsecondary technical schools and the State Board of Technical and Adult Education. Under such agreements, the local board of education may make available its postsecondary technical school facilities or temporary rented facilities and shall pay all instructional salaries in accordance with the salary schedule established by the state board in agreement with the local board of educa tion without consideration of the salary schedule adopted for regular instructional person nel, provided that teachers and others employed in such training programs shall be classi fied as temporary employees and shall not be eligible for participation in the Teachers Retirement System. All expenses incurred by a local board of education under such agree ment in providing the services prescribed by this article shall be reimbursed by the state from funds provided for this purpose.
(b) Training programs under this article may also be carried out pursuant to annual contracts or agreements between the State Board of Technical and Adult Education and private industrial or business firms under rules and regulations adopted by the State Board of Technical and Adult Education for such purpose. Any such training program carried out pursuant to any such contract shall be assigned to a state postsecondary technical school, an area postsecondary technical school, or the technical or vocational education division of a junior college operated in accordance with a joint agreement between the State Board of Technical and Adult Education and the board of regents at the time a site is selected for such training program.
(c) Each training program under this article shall be based on a specific training needs analysis and included in a training plan which defines training and services to be provided.
20-4-44. The State Board of Technical and Adult Education may prescribe qualifica tions for persons employed in the program under this article without consideration of quali fications prescribed for personnel employed in regular instructional programs.
20-4-45. The Department of Technical and Adult Education shall be authorized to pro-

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cure equipment necessary to carry out an adequate training program under this article. Such equipment shall be maintained in a warehouse reserve and shall become available to any area of the state where a training program creates a need but shall be returned to the warehouse reserve when no longer needed in a training program. In furtherance of this pro vision, equipment having long delivery dates may be purchased in advance of an actual need upon the determination by the Department of Technical and Adult Education that a need for such equipment could reasonably be expected in the program. The department is au thorized to provide for the transportation of instructional equipment and to employ equip ment riggers, warehousemen, and other personnel needed to carry out this provision. Title to all equipment purchased under this article shall be vested in the State Board of Techni cal and Adult Education.
20-4-46. The State Board of Technical and Adult Education shall have the authority to promulgate any and all standards, rules, and regulations necessary to carry out the objec tives and purposes of this article.
20-4-47. To assist in carrying out this article, the State Board of Technical and Adult Education is authorized to accept grants of money, materials, services, or property of any kind from a federal agency, private agency, corporation, or individual."
Section 4. Said title is further amended by adding at the end of Part 4 of Article 6 of Chapter 2 a new Code Section 20-2-169 to read as follows:
"20-2-169. The Department of Education is designated as the sole state agency to re ceive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or technical education; provided, however, those funds appropri ated for the operation and management of postsecondary technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Technical and Adult Education; provided, further, a proportionate share of those federal funds appro priated for planning, evaluation, program improvement, and other administrative and dis cretionary purposes shall be placed under the jurisdiction and control of such board."
Section 5. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Administration, is amended by striking subparagraph (BB) of paragraph (15) in its entirety and substituting in lieu thereof a new subparagraph (BB) to read as follows:
"(BB) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order."
Section 6. Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisitions of real property by the State Properties Commission, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) Except for all acquisitions of real property by the Department of Transportation and the Board of Regents of the University System of Georgia, and except for the Depart ment of Natural Resources acquiring by gift parcels of real property, not exceeding three acres each, to be used for the construction and operation thereon of boat-launching ramps, and except for acquisitions of real property by the Department of Technical and Adult Edu cation in connection with student live work projects funded through moneys generated as a result of the sale of such projects, donations, or student supply fees, and except for acquisi tions of real property by the commission resulting from transfers of custody and control of real property to the commission by executive order of the Governor or by Act or resolution of the General Assembly, all state agencies shall acquire real property through the commission."
Section 7. This Act shall become effective July 1, 1988.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Harrison Hine Howard Huggins Johnson Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Garner Gillis (presiding)

Harris Hudgins Kennedy Land

Perry Phillips Starr

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:

SB 408. By Senator Kidd of the 25th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to provide that municipali ties may by charter provide for lesser residency requirements to hold nonjudicial municipal offices.

SB 667. By Senator English of the 21st:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to provide addi tional legislative intent; to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to solid waste; to revise

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the powers and duties of the director of the Environmental Protection Division as to solid waste generally.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 109. By Senator Deal of the 49th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the manufacture of controlled substances without a license or registration; to provide a definition; to provide punishments.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1281. By Representatives Hooks of the 116th, Richardson of the 52nd, Childers of the 15th, McKinney of the 35th, Smyre of the 92nd and others: A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, includ ing Human Immunodeficiency Virus (HIV).
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 458. By Senator Barnes of the 33rd: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide, free of charge, special license plates for for mer members of the Georgia National Guard with 20 or more years' service in the National Guard; to provide procedures; to provide for form of license plate.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1404. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th: A bill to amend Article 6 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to make certain editorial changes and corrections; to authorize handicapped children to use certain types of funds.
Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Education offered the following substitute to HB 1404:
A BILL
To be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to make certain editorial changes and corrections; to provide for the powers of the State Board of Education with regard to certain asbestos management plans; to provide for local board meetings; to change the provisions relating to local school superintendents; to provide that certain children in the custody of the Department of Human Resources or placed in facilities by that department will be eligible for a free public education and provide conditions, procedures, and funding relating thereto; to authorize handicapped children to use certain types of funds; to change certain internal cross-refer ences; to change certain definitions relating to program counting; to provide for evaluations; to provide for training programs; to provide for certain lists and reports; to provide for

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substitute teachers; to change certain dates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by inserting at the end of Article 1 of Chapter 2 a new Code section to read as follows:
"20-2-19. (a) The Governor may designate the State Board of Education to receive and review asbestos management plans of local boards of education and of owners of private, nonprofit elementary and secondary school buildings, as provided in the federal Asbestos Hazard Emergency Response Act of 1986, 100 Stat. 2970, P.L. 99-519, amending P.L. 99469, hereinafter referred to as 'AHERA.' Any such designation by the Governor prior to the effective date of this Code section is ratified and affirmed and shall have effect from the date thereof.
(b) The State Board of Education may receive and disapprove such plans upon the grounds stated in and as provided in AHERA.
(c) The State Board of Education may apply for, accept, and disburse federal funds to local boards of education and to owners of private, nonprofit elementary and secondary school buildings for activities involving the preparation and implementation of asbestos management plans. The State Board of Education may apply for, accept, and utilize federal funds for its activities under this Code section, including the training and accreditation of staff.
(d) The State Board of Education shall prescribe such policies, rules, regulations, and standards as it deems appropriate to carry out purposes of AHERA.
(e) The State Board of Education shall have the authority to adopt an accreditation program and accredit persons who inspect and prepare management plans and conduct re sponse activities for local units of administration, as defined by AHERA.
(f) The powers bestowed by this Code section shall be cumulative of other powers of the State Board of Education and shall not diminish them in any way. This Code section shall not be construed to diminish the powers of any other state agency or instrumentality."
Section 2. Said title is further amended by striking Code Section 20-2-58, relating to meetings of local boards, and inserting in lieu thereof a new Code section to read as follows:
"20-2-58. It shall be the duty of each local board of education to hold a regular meeting during each calendar month for the transaction of business pertaining to the public schools. Any such meeting may be adjourned from time to time, and, in the absence of the president or secretary, the members of the local board may appoint one of their own number to serve temporarily. The local board shall annually determine the date of its meeting and shall publish it in the official county organ for two consecutive weeks following the setting of the date; provided, however, that the date shall not be changed more often than once in 12 months and, if changed, the new date shall also be published as provided in this Code section."
Section 3. Said title is further amended by striking Code Section 20-2-109, relating to local school superintendents, and inserting in lieu thereof a new Code section to read as follows:
"20-2-109. The local school superintendent shall constitute the medium of communica tion between the State School Superintendent and subordinate local school officers. The local school superintendent shall be the executive officer of the local board of education; shall be the agent of the local board in procuring such school equipment and materials as it may order; shall ensure that the prescribed textbooks are used by students; shall verify all accounts before an application is made to the local board for an order for payment; and shall keep a record of all official acts, which, together with all the books, papers, and prop erty appertaining to the office, shall be turned over to the successor. It shall be the local

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school superintendent's duty to enforce all regulations and rules of the State School Super intendent and of the local board according to the laws of the state and the rules and regula tions made by the local board that are not in conflict with state laws; and to visit every school within the local school system to become familiar with the studies taught in the schools, observe what advancement is being made by the students, counsel with the faculty, and otherwise aid and assist in the advancement of public education."
Section 4. Said title is further amended by striking Code Section 20-2-133, relating to free public instruction, and inserting in lieu thereof a new Code section to read as follows:
"20-2-133. (a) Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code sec tion. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local fair share funds required pursuant to Code Section 20-2-164; provided, further, that no child placed by the Department of Human Resources or any of its divisions in a facility by or under contract with the Department of Human Resources who remains in that facility for more than 60 continuous days as described in paragraph (1) of subsection (b) of this Code section and no child who is in the physical custody of the Department of Human Resources or any of its divisions pursuant to a court order granting temporary or permanent custody as described in paragraph (2) of subsection (b) of this Code section shall be charged tuition, fees, or a combination thereof. A local school system is further author ized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide text books or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students.
(b) (1) Except for a child who is in the physical custody of the Department of Human Resources or any of its divisions and who receives services from a local unit of administra tion pursuant to paragraph (2) of this subsection, any child placed by the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Human Resources who remains in that facility for more than 60 continuous days shall be treated by the local unit of administration of the school district in which the facility is located as eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements es tablished by this article. The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, in cluding special education and related services, free of charge to these children as long as the children remain in such facilities. However, placement in such a facility by the parent or by another local unit of administration shall not create such responsibility.
(2) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical custody of the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educa tional programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the Department of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his custody status, shall be

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eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located.
(3) (A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Human Resources for more than 30 continuous days and is anticipated to remain in the facility for more than a total of 60 continuous days.
(B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of administration to another.
(4) When the custodian of any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Programs (lEP's) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records.
(5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. These grants will be determined and made pursuant to regulations adopted by the State Board of Education."
Section 5. Said title is further amended by striking subsection (a) of Code Section 20-2152, relating to special education services, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose handi capping condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handi capped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the General Assembly for this purpose. Eligible children and youth are defined as those who have emotional, physical, communica tive, or intellectual deviations, or a combination thereof, to the degree that there is interfer ence with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. Special educa tion shall include children who are classified as intellectually gifted, mentally handicapped, behavior disordered, specific learning disabled, orthopedically handicapped, other health impaired, hearing impaired, speech-language disordered, visually impaired, severely emo tionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education pro grams. The state board shall adopt maximum class sizes by classification of special educa tion pursuant to subsection (h) of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161."
Section 6. Said title is further amended by striking paragraph (4) of subsection (a) of

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Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pur suant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order."
Section 7. Said title is further amended by striking subsection (h) of Code Section 20-2182, relating to program weights and salaries and benefits, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) The State Board of Education shall adopt for each instructional program author ized pursuant to Part 3 of this article the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the class sizes used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such num ber unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authori zation of the General Assembly, if this reduction necessitates added costs for facilities, per sonnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education."
Section 8. Said title is further amended by striking Code Section 20-2-210, relating to annual evaluations, and inserting in lieu thereof a new Code section to read as follows:
"20-2-210. All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superin tendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional devel opment plans designed to mitigate such deficiencies and other needs as may have been iden tified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objec tive, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the state board; provided, however, that evaluation instruments for service personnel shall be field tested beginning July 1, 1989, and shall be fully implemented by July 1, 1990. All such instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability."
Section 9. Said title is further amended by striking Code Section 20-2-212, relating to salary schedules, and inserting in lieu thereof a new Code section to read as follows:
"20-2-212. The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local

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units of administration to the various classifications of professional personnel required to be certificated by the state board. The minimum salary schedule shall provide a minimum sal ary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bach elor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia begin ning salaries by degree field used to calculate the minimum salary base shall be presented annually to each member of the General Assembly with the Governor's budget recommen dations. The House of Representatives and Senate Education and Appropriations Commit tees shall also be provided upon request with a report which includes data and calculations used to determine the minimum base salary. The state minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a sal ary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the Gen eral Assembly. A local unit of administration shall not pay to any full-time certificated pro fessional employee a salary less than that prescribed by the schedule of minimum salaries; nor shall a local unit of administration pay to any part-time certificated professional em ployee less than a pro-rata portion of the respective salary prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented."
Section 10. Said title is further amended by striking Code Section 20-2-216, relating to substitute teachers, and inserting in lieu thereof a new Code section to read as follows:
"20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who pos sess valid teaching certificates issued by the State Board of Education. If no person holding a valid teaching certificate is available for this purpose, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute, provided such person is closely supervised by the school principal or principal's designee. It shall be the duty of the state board to promulgate and adopt rules, regulations, and policies establishing classes or catego ries of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local governing board or its executive officer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. For purposes of this Code section, certificated substitute teach ers shall not be considered part-time personnel pursuant to Code Section 20-2-212. Salaries for substitute teachers shall be set by the local boards of education."
Section 11. Said title is further amended by striking subsection (b) of Code Section 202-230, relating to a program for career development, and inserting in lieu thereof a new subsection to read as follows:
"(b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on

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the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual performance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary. All members of boards of local units of administration are required to participate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Edu cation Leadership Academy is authorized, in cooperation with the Georgia School Boards Association, to conduct workshops annually to provide such instruction and to present to each board member completing such annual workshop for the first time an appropriate cer tificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attend ance at regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office."
Section 12. Said title is further amended by striking subsection (a) of Code Section 202-274, relating to financing agency expenses, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For fiscal year 1989, the State Board of Education shall grant, subject to appropri ation by the General Assembly, the funds to continue the operations of regional educational service agencies in a manner similar to the preceding fiscal year, adjusted only to reflect changes in the salaries and operational costs similar to those made for local school systems under this article; further, in those instances that regional educational service agencies are designated as fiscal agents, the state board shall grant additional funds needed to provide instructional and support services to students eligible for the Psychoeducational Network and to provide services under the Georgia Learning Resources System to all local school systems contained in the respective service areas. Beginning fiscal year 1990 and thereafter, the state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs program grant and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform state-wide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the num ber of schools, the number of students, and the number of square miles contained collec tively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to one-fourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in subsection (a) of Code Section 20-2-270. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these re spective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school systems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. Each board of control shall be authorized to adopt the manner by which each member local school system shall be as sessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. In the event a regional educational service agency is designated as the fiscal agent for the Georgia Learning Re sources System or for the Psychoeducational Network for severely emotionally disturbed students, the state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System or Psychoeducational Network as respectively designated as the

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fiscal agent as well as the grants authorized previously by this subsection. All other financ ing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources."
Section 13. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 20-2-292, relating to sparsity grants, and inserting in lieu thereof a new para graph (2) to read as follows:
"(2) The inability to offer students comparable programs and services is attributable, at least in part, to the fact that the local school system has full-time equivalent counts less than base sizes specified pursuant to Code Section 20-2-181 or the affected school or schools have full-time equivalent counts less than the base sizes referenced pursuant to Code Sec tion 20-2-181; and".
Section 14. Said title is further amended by striking Code Section 20-2-962, relating to quarterly reports, and inserting in lieu thereof a new Code section to read as follows:
"20-2-962. The principal of each public school shall make a quarterly report to the local board of education immediately upon the end of each quarter of the fiscal year, and such report shall contain an account of all receipts and expenditures of such funds during the past quarter. The principal shall also make an annual report of the complete property in ventory of the school. The local board may at any time during the school year inspect all receipts, expenditures, and property of each public school."
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 1404 offered by the Senate Committee on Education by striking from lines 17 and 18 of page 1 the following:
"an effective date",
and inserting in lieu thereof the following:
"effective dates".
By redesignating Sections 6 through 16 as Sections 7 through 17, respectively.
By adding, following Section 5, a new Section 6 to read as follows:
"Section 6. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 20-2-154, relating to remedial education programs, and inserting in lieu thereof a new paragraph (4) to read as follows:
'(4) Students in grades two through five and nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (lEP's) specify that, due to their achievement levels in reading or mathematics in grades two through five and nine through 12, or writing in grades nine through 12, they need to receive services under the remedial education program as well as other students receiving special education services who meet the eligibility requirements specified in paragraph (1) or (2) of this subsection.'"
By striking lines 16 through 18 of page 19 and inserting in lieu thereof the following:
"Section 16. Section 4 of this Act shall become effective July 1, 1988. The remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval."
On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 33, nays 0, and the amendment was adopted.

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Senator Taylor of the 12th offered the following amendment:
Amend the substitute to HB 1404 offered by the Senate Committee on Education by adding between lines 16 and 17 of page 1 the following:
"to provide that in certain counties certain school security personnel may be authorized by a local board of education to carry certain firearms or weapons for the purpose of carry ing out law enforcement duties;".
By renumbering Sections 15 and 16 as Sections 16 and 17 and inserting a new Section 15 to read as follows:
"Section 15. Said title is further amended by striking subsection (d) of Code Section 208-5, relating to law enforcement powers of school security personnel in each public school system of the state, and inserting in lieu thereof a new subsection (d) to read as follows:
'(d) In every county having a population of 100,000 or more according to the United States decennial census of 1980 or any future such census, school security personnel who are certified by the Georgia Peace Officer Standards and Training Council may be authorized by a local board of education to carry a standard issue firearm or weapon generally used for law enforcement purposes for the purpose of carrying out law enforcement duties.'"

On the adoption of the amendment offered by Senator Taylor of the 12th, Senator Edge of the 28th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes
Bowen Bryant CCroulemmbaleny Dean Echols English Fincher

Foster Hudgins
Muggins Kidd LT and, McKenzie Olmstead Phillips Ragan of 10th

Ray Scott of 2nd
Scott of 36th Stumbaugh T~ate Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Albert Baldwin Burton Coverdell Dawkins Edge

Engram Garner Harris Harrison Hine Howard

Johnson Langford Newbill Peevy Ragan of 32nd Walker

Those not voting were Senators:

Allgood Brannon Broun Deal

Gillis (presiding) Kennedy McGill

Perry Shumake Starr

On the adoption of the amendment offered by Senator Taylor of the 12th, the yeas were 28, nays 18, and the amendment was adopted.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.

FRIDAY, MARCH 4, 1988

2135

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Bryant Burton Crumbley Deal Dean Echols Edge English Engram Fincher

Foster Garner Harris Harrison Hine Howard Hudgins Huggins Johnson Land McGill McKenzie Newbill Olmstead

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins Kidd

Langford Peevy

Those not voting were Senators:

Allgood Brannon Broun

Coleman Coverdell Gillis (presiding)

Kennedy Shumake Starr

On the passage of the bill, the yeas were 43, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1281. By Representatives Hooks of the 116th, Richardson of the 52nd, Childers of the 15th and others:
A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, includ ing Human Immunodeficiency Virus (HIV).

Senator Hine of the 52nd moved that the Senate insist upon the Senate substitute to HB 1281.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1281.

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The following bills of the Senate were taken up for the purpose of considering the House amendments thereto:
SB 408. By Senator Kidd of the 25th: A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to provide that municipali ties may by charter provide for lesser residency requirements to hold nonjudicial municipal offices.
The House amendment was as follows:
Amend SB 408 by striking from line 25 of page 1 the following: "12",
and inserting in its place the following: "24".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 408.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker
Bowen BB, /Uyratn"t ,, CnCDoreuavmlerb,d,leelyl Echols Edge English Fincher Foster

Harris Harrison Hine
Howard HHuugdggiinnss J,K,,o.ih,d,nd,son Land Langford McGill Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th RRaaygan of 32nd oSSr, tcuom^ttb, oarfug3oh6^tuh Tavlor Timmons Turner Tysinger Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Allgood Barnes Brannon Broun Coleman

Dean Engram Garner Gillis (presiding) Kennedy

McKenzie Scott of 2nd Shumake Starr Tate

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 408.

SB 586. By Senator Peevy of the 48th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to provide that such provisions shall not apply to or affect off-duty peace officers.

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The House amendment was as follows:
Amend SB 586 on page 1, line 17, by removing the comma after the word "or" and on page 1, line 18, by removing the comma after the word "employees".

Senator Peevy of the 48th moved that the Senate agree to the House amendment to SB 586.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker gowen Bryant
^Cou,lretomnan Coverdell Crumbley Dawkins Deal Echols Edge Engram

Fincher Foster Harris Harrison Hine Howard
SHuugdig!m.inss Johnson Kennedy Kidd Land McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd ^
S,,,cott o,f 36th fumake btarr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Barnes Brannon Broun Dean English

Garner Gillis (presiding) Langford McKenzie

Scott of 2nd Timmons Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 586.

The President resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 651. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to possession of firearms by convicted felons and first offender probationers, so as to provide that the provisions of such Code section shall not apply to or prohibit any person who is on probation as a first offender for an offense against property or who has completed such probation from receiving, possessing, transporting, or otherwise using a rifle or shotgun solely for the pur pose of hunting.

The House substitute to SB 651 was as follows:

A BILL To be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia

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Annotated, relating to probation and suspension of sentences, generally, so as to provide for transferring certain probationers from one judicial circuit to another; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation and suspension of sentences, generally, is amended by adding at the end thereof a new subsection (h) to read as follows:
"(h) Notwithstanding any provision of this Code or any rule or regulation to the con trary, if a defendant is placed on probation in a county of a judicial circuit other than the one in which he resides for committing any misdemeanor offense, such defendant may, when specifically ordered by the court, have his probation supervision transferred to the judicial circuit of the county in which he resides."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th moved that the Senate agree to the House substitute to SB 651.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols Edge English

Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Land McGill McKenzie

Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Barnes Brannon Broun Dean

Engram Harrison Kidd Langford Newbill

Olmstead Perry
Scott of 36th Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 651.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1543. By Representatives Walker of the 115th, Reaves of the 147th, Coleman of the 118th, Crawford of the 5th and Ramsey of the 155th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that the director or his designee shall issue permits for withdrawal and diversion of surface waters and ground waters

FRIDAY, MARCH 4, 1988

2139

for farm uses; to provide that such permits must be issued for farm uses occur ring prior to the effective date of this Act when applications relating thereto are submitted prior to July 1, 1991.
Senate Sponsors: Senators English of the 21st and Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Brannon Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kennedy Land McGill

Newbill Olmstead Perry Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins Hine

Peevy Ragan of 10th

Timmons

Those not voting were Senators:

Albert Allgood Bowen

Broun Kidd Langford

McKenzie Phillips Scott of 36th

On the passage of the bill, the yeas were 42, nays 5.

The bill, having received the requisite constitutional majority, was passed.

Senator Gillis of the 20th resumed the Chair at the direction of the President.

HB 1557. By Representative Smith of the 78th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to require the judge of the probate court to issue certain certificates stating the date, time, and place where an adult has been declared incapacitated and guardianship created; to provide for certain certificates in cases where guardianships have been terminated.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Judiciary offered the following substitute to HB 1557:

A BILL To be entitled an Act to amend Code Section 29-5-6 of the Official Code of Georgia

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Annotated, relating to procedures for the appointment of a guardian, so as to provide that in certain cases involving the creation or termination of a guardianship over property, a certified copy of the order of creation and the order of termination of such guardianship shall be filed in the county in which the real property is located; to provide for time limits; to change certain provisions with respect to the contents of certain petitions and orders; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to procedures for the appointment of a guardian, is amended by striking subparagraph (a)(2)(H) and inserting in its place a new subparagraph (a)(2)(H) to read as follows:
"(H) All known income and assets of the proposed ward and, in any case involving the creation or termination of a guardianship over property where the proposed ward has an interest in real property, the name of the county in which such property is located; and".
Section 2. Said Code section is further amended by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
"(f) (1) In its order the court shall set forth the findings of fact and conclusions of law which support the grant or denial of the petition. If a guardianship is granted, the order shall specify:
(A) The type of guardianship established, whether of the person or property, or both;
(B) The names of the guardian or guardians and the reason for their selection;
(C) The nature and extent of the ward's incapacity;
(D) Any rights or powers retained by the ward pursuant to subsection (d) or (e) of Code Section 29-5-7;
(E) The duration of the guardianship, whether limited or permanent;
(F) If separate guardians for the person and the property of the ward are appointed or if only a personal guardian is appointed, the reasonable sums or property to be provided the guardian of the person to provide adequately for the ward's support, care, education, and well-being, subject to modification by subsequent order of the court;
(G) The type and frequency of physical, mental, and social evaluations of the ward's condition which the court requires to supplement the reports submitted pursuant to para graph (10) of subsection (b) of Code Section 29-5-3;
(H) Any reporting requirements in addition to those required by law;
(1) Any bonding requirements in addition to those required by law;
(J) In any case involving the creation or termination of a guardianship over property where the proposed ward has an interest in real property, the name of the county in which such property is located; and
(K) Such other and further provisions of the guardianship as the court may deem proper.
(2) Service of the court's order shall be made by mail upon the ward; his attorney; his representatives; his guardian ad litem, if any; the guardian, if appointed; and the petitioner.
(3) After service of the court's order, the ward's counsel shall make reasonable efforts to explain the order and the ward's rights to him. If the ward desires to appeal the court's order, the attorney shall file such notice in the ward's behalf; and, if counsel was appointed by the probate court, the appointment shall continue on appeal to the superior court.
(4) In any case involving the creation of a guardianship over property where the pro posed ward has an interest in real property, a certified copy of the court's order granting such petition and, upon the termination of such guardianship, a certified copy of the order of termination of such guardianship shall be filed in the real property grantor index of each

FRIDAY, MARCH 4, 1988

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county of this state in which the real property is located within 30 days of the date of such order."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker
Bowen Brannon
Brvant ^u,rton CCoolveemrdaenll Crumbley Dawkins Deal Dean Echols Edge

English Engram
Fincher Foster
Garner Harris uHarnson Howard Hudgins Huggins Johnson Land Langford

McGill Newbill
Olmstead Perry
Ragan of 32nd Ray aScoit4t. ocf o2ndj Shumake Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Albert Allgood BBarornuens
Gillis (presiding) Hine

Kennedy Kidd .M, c.K, enzie
Peevv Phillips

Ragan of 10th Scott of 36th S_ tarr
Taylor Timmons

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 511. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful to possess, manufacture, sell, or distribute false identification documents; to provide definitions; to provide penalties.

The House substitute to SB 511 was as follows:

A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful to

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knowingly manufacture, sell, or distribute false identification documents; to define a certain term; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, is amended by adding at the end thereof a new Code Section 16-9-4 to read as follows:
"16-9-4. (a) As used in this Code section, the term 'identification document' means any document issued by a government agency containing a description of the person or such person's photograph, or both, and giving such person's date of birth, and includes without being limited to a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104.
(b) (1) It shall be unlawful for any person to knowingly manufacture, sell, or distribute a false identification document.
(2) Any person who violates paragraph (1) of this subsection on the first offense shall be guilty of a misdemeanor. Any person who violates paragraph (1) of this subsection for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three years, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Burton of the 5th moved that the Senate agree to the House substitute to SB 511.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker
Bowen Brannon
Bryant u,rton CCrCrooulvememrbda,lenel,,yl j)eal Dean Echols Edge English

Engram Fincher
Foster Garner
Harris Harrison H,,.me Howard Huggins Johnson Land Langford McGill

McKenzie Newbill
Olmstead Perry
Ragan of 32nd Ray S0S0hc1outm.t1aokf,.e2n nd, Stumbaugh Tate Turner Tysinger Walker

Voting in the negative were Senators Dawkins and Peevy.

Those not voting were Senators:

Albert
Allgood Barnes Broun Gillis (presiding)

Hudgins
Kennedy Kidd Phillips Ragan of 10th

Scott of 36th Stan
Taylor Timmons

On the motion, the yeas were 40, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 511.

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The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1189. By Representative Barnett of the 10th:
A bill to amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to provide that nominees for appointment to a board shall certify their willingness to serve if appointed.
Senate Sponsors: Senators Deal of the 49th and Olmstead of the 26th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bowen Broun Bryant Burton CCC,-, oorulvememrbda,lenel,,yl
Dawkins Deal
Dean
Echols Edge

Engram Fincher Foster Harris Harrison HHIHTouingwegairndis
Johnson Land
McGill
Newbill Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd j^ Sa,,ac,hnonuntmt- a0k1,ee2on^dj
Stumbaugh Tavlor
Turner
Tysinger Walker

Those not voting were Senators:

Albert Allgood Baldwin Barnes Brannon English

Garner Gillis (presiding) Hudgins Kennedy Kidd Langford

McKenzie Phillips Scott of 36th Starr Tate Timmons

On the passage of the bill, the yeas were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

SB 462. By Senators English of the 21st, McKenzie of the 14th, Hine of the 52nd and Albert of the 23rd:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the certification of emergency medical technicians to utilize automatic defibrillators and provide for the certification of such defibrillators; to provide conditions and procedures relat ing to such certifications; to provide for certificate revocation.

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The House substitute to SB 462 was as follows:
A BILL
To be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for definitions; to pro vide for automatic defibrillator programs; to require that emergency medical technicians and designated first responders meet certain requirements in order to use automatic defibrillators and provide sanctions for violations of those requirements; to provide for con ditions and limitations regarding such requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by adding after Code Section 31-11-53 a new Code section to read as follows:
"31-11-53.1. (a) As used in this Code section, the term:
(1) 'Automatic defibrillator' means a defibrillator which:
(A) Is capable of cardiac rhythm analysis;
(B) Will charge and deliver a countershock after electrically detecting the presence of cardiac dysrhythmia;
(C) Is capable of continuous recording of the cardiac dysrhythmia at the scene; and
(D) Is capable of producing a hard copy of the electrocardiogram.
(2) 'Defibrillation' means to terminate atrial or ventricular fibrillation.
(3) 'Designated first responder' means an individual who has successfully completed an appropriate first responder course approved by the department and otherwise meets the eligibility requirements set forth in this chapter.
(b) The department shall establish an automatic defibrillator program for use by emer gency medical technicians and designated first responders. Such program shall be subject to the direct supervision of a medical advisor approved under Code Section 31-11-50. No emer gency medical technician or designated first responder shall be authorized to use an auto matic defibrillator to defibrillate a person unless that defibrillator is a properly maintained automatic defibrillator and that emergency medical technician or designated first responder:
(1) Submits to and has approved by the department an application for such use, and in considering that application the department may obtain and use the recommendation of the local coordinating entity for the health district in which the applicant will use such defibrillator;
(2) Successfully completes an automatic defibrillator training program established by the department;
(3) Is subject to protocols requiring that both the emergency physician which receives a patient defibrillated by that emergency medical technician or designated first responder and the medical advisor for the defibrillator program review the defibrillation of any person by that emergency medical technician or designated first responder and send a written report of such review to the district EMS medical director of the health district in which the defibrillation occurred; and
(4) Obtains a passing score on an annual automatic defibrillator proficiency exam given in connection with that program.
(c) Any emergency medical technician or designated first responder who violates the provisions of this Code section shall be subject to having revoked by the department that person's authority to use an automatic defibrillator. Such a violation shall also be grounds for any entity which issues a license or certificate authorizing such emergency medical tech-

FRIDAY, MARCH 4, 1988

2145

nician or designated first responder to perform emergency medical services to take discipli nary action against such person, including but not limited to suspension or revocation of that license or certificate. Such a violation shall also be grounds for the employer of such emergency medical technician or designated first responder to impose any sanction available thereto, including but not limited to dismissal."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator English of the 21st moved that the Senate agree to the House substitute to SB 462.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Harris Harrison Howard Hudgins Huggins Johnson Land

McGill McKenzie Newbill Peevy Perry Ragan of 10th Ragan of 32nd Scott of 2nd Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Albert Allgood BGaarrnneesr
Gillis (presiding) Hine

Kennedy Kidd LOalmngsftoeradd
Phillips Ray

Scott of 36th Shumake f,,t,tarr
Taylor Timmons

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 462.

SB 647. By Senator Walker of the 43rd:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as tc prohibit fraudulent purchasing or attempting to purchase residential property; to prohibit certain false statements, failure to disclose certain information, impersonation, and other fradulent schemes or devices; to provide for penalties.

The House substitute to SB 647 was as follows:

A BILL
To be entitled an Act to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to provide a definition and prohibit foreclosure fraud; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, is amended by adding at the end thereof a new Code section to read as follows:

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JOURNAL OF THE SENATE

"16-9-60. (a) For purposes of this Code section, the term 'foreclosure fraud' shall in clude any of the following: knowingly or willfully representing that moneys provided to or on behalf of a debtor, as denned in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property or such debtor's interest therein; or knowingly or willfully making fraudulent rep resentation to a debtor about assisting the debtor in connection with said property.
(b) Any person who by foreclosure fraud purchases or attempts to purchase residential property by means of such fraudulent scheme shall be guilty of a felony.
(c) A person who violates subsection (a) of this Code section shall be punished by im prisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 43rd moved that the Senate agree to the House substitute to SB 647.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Brannon
u.rton CCoovleemrdaenll Crumbley Dawkins Deal Dean Echols

Edge English Engram
Fincher FHoasrtreisr HTIoward. Hudgins Huggins Johnson McGill McKenzie

Newbill Olmstead Perry
Ragan of 10th RRaagyan of 32nd S0 cott of 2nd, Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Albert Allgood ^GBoaarwrnneeensr Gillis (presiding) Harrison

Hine Kennedy Kidd Land Langford Peevy

Phillips Scott of 36th Shumake Starr Taylor Timmons

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 647.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1549. By Representatives Jackson of the 83rd, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Harris of the 84th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for dental students; to except acts of willful or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected.

FRIDAY, MARCH 4, 1988

2147

Senator Baldwin of the 29th moved that the Senate insist upon the Senate substitute to HB 1549.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1549.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 578. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide that each policy of motor vehicle liability insurance issued in this state shall provide that a person who suffers personal injury or property damage in a motor vehicle accident shall be authorized to file a claim with the insurer of the party at fault in the accident.

The House substitute to SB 578 was as follows:

A BILL
To be entitled an Act to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide that each policy of motor vehicle liability insurance issued in this state shall provide that the requirement for giving notice of a claim may be satisfied under certain conditions by a third party injured in an accident involving the insured and having a claim against the insured; to provide the method of notice; to provide for compliance and con struction of policy; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Each policy of motor vehicle liability insurance issued in this state on or after July 1, 1990, shall provide that the requirement for giving notice of a claim, if not satisfied by the insured within 45 days of the date of the accident, may be satisfied by an injured third party who, as the result of such accident, has a claim against the insured; provided, however, notice of a claim given by an injured third party to an insurer under this subsection shall be accomplished by registered mail. Each policy of motor vehicle liability insurance issued or renewed in this state on and after July 1, 1988, shall be deemed to include and construed as including the provision regarding the notice requirements provided in this subsection until such time as the provision is approved by the Commissioner of Insurance in conjunction with the approval of a new policy form of the insurer and is actually stated in the policy."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgins of the 15th moved that the Senate agree to the House substitute to SB 578.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Bowen Brannon Broun

Bryant Burton Coverdell Dawkins Deal

Dean Echols Edge Engram Fincher

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JOURNAL OF THE SENATE

Foster Harris Hine "ud&.ins
Joson Land Langford McGill

McKenzie Olmstead Peevy Perry
<*an of 10th Ragan of 32nd Ray Scott of 2nd

Scott of 36th Stumbaugh Tate Taylor
Tiffimons Turner Tysinger Walker

Those not voting were Senators:

Albert Allgood BCaorlenmesan Crumbley English

Garner Gillis (presiding) THT arn.son Howard Kennedy

Kidd Newbill mPh-inll*ips Shumake Starr

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 578.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1629. By Representatives Coleman of the 118th, Twiggs of the 4th, Hanner of the 131st and Couch of the 40th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, known as the "Bus Passenger Safety Act," so as to provide for legislative findings; to change the provisions relating to definitions; to provide that certain provisions will apply to railroad and rapid transit systems as well as to bus transportation.
Senate Sponsor: Senator Olmstead of the 26th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brannon Broun Bryant CBoulretomnan Coverdell
Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner HHaarrrriisson Howard
Huggins Johnson Land Langford McGill

Newbill Olmstead Peevy Perry R of 32nd P S.,cott of, 2,,nd, Stumbaugh
a*e Timmons Turner Tysinger Walker

FRIDAY, MARCH 4, 1988

2149

Those not voting were Senators:

Albert AUgood
^presiding) Hine Hudgins

Kennedy Kidd
^cKenzie Phillips Ragan of 10th

Scott of 36th Shumake
Starr Taylor

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 1647. By Representatives Twiggs of the 4th, Peters of the 2nd, Rainey of the 135th and others:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misdemeanor violations under the "Game and Fish Code" when the defendant waives a jury trial; to provide for other matters relative thereto.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 1647:

A BILL
To be entitled an Act to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misdemeanor violations under the "Game and Fish Code" when the defendant waives a jury trial; to provide for other matters relative thereto; to provide for application and for an effective date in connection therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, is amended by adding immediately following Code Section 15-9-30.2 a new Code Section 15-9-30.3 to read as follows:
"15-9-30.3. (a) Subject to the provisions of subsection (b) of this Code section, in addi tion to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any law specified in Title 27 which is punishable for its violation as a misde meanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.
(b) A probate court shall not have the power to dispose of misdemeanor cases as pro vided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled."
Section 2. This Act shall apply to violations of misdemeanors under the "Game and Fish Code" which take place on or after July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Howard of the 42nd offered the following amendment:
Amend the substitute to HB 1647 offered by the Senate Committee on Judiciary by inserting on page 1, line 6, following the word "trial;" and preceding the word "to", the following:
"to place certain limitations upon said jurisdiction;", and
By inserting on page 1, line 24, following the word "violations.", the following:
"Provided, however, that such courts shall not have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants who are charged with:
(1) Violations of any such laws which are specified as being of a high and aggravated nature; or
(2) A first violation of hunting deer at night with the aid of a light under Code Section 27-3-2."

On the adoption of the amendment, the yeas were 36, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon
Burton
CCruvmerbdleelyl Dawkins Deal Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison
"ine , Howard
HSuugdggi.innss Johnson Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Ragan of loth
Ragan of 32nd ^
S<c-o"ntt- of 36th . btumbaugh Tate Timmons Turner Tysinger Walker

Voting in the negative were Senators Albert and Scott of 2nd.

Those not voting were Senators:

Allgood Broun Coleman

Dean Phillips

Shumake Taylor

On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute.

FRIDAY, MARCH 4, 1988

2151

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the House substitute to the follow ing bill of the Senate:
SB 564. By Senator Kidd of the 25th: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition of a certain term; to change the provisions relating to contributions made to candi date or campaign committee or for recall of a public officer; to change the provi sions relating to the campaign committee treasurer.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 1660. By Representatives Porter of the 119th, Jackson of the 9th, Lawson of the 9th, Benefield of the 72nd and Smyre of the 92nd: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law.
The House has agreed to the Senate amendment to the House substitute, as amended by the House, to the following bill of the Senate:
SB 367. By Senators Peevy of the 48th, Allgood of the 22nd and Stumbaugh of the 55th: A bill to amend Code Section 31-9-6 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.
The House has rejected the Conference Committee report on the following bill of the Senate:
SB 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of five grams or more of pure cocaine, commonly known as "crack," shall constitute a crime; to provide for penalties.
The House insists on its position in substituting the following bill of the Senate:
SB 532. By Senator Coverdell of the 40th: A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health.

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JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 667. By Senator English of the 21st:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to provide addi tional legislative intent; to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to solid waste; to revise the powers and duties of the director of the Environmental Protection Division as to solid waste generally.

The House amendment was as follows: Amend SB 667 by inserting on page 4, line 8, after the word "waste", the words, "and materials destined for recycling".

Senator English of the 21st moved that the Senate agree to the House amendment to SB 667.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen
roun JBrCC.foouyivlre?teomnrndta_en_ll Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner
Gillis H,H.aarrrnisson Hlne Howard Huggins Johnson Kennedy Kidd Land

Langford
McGill Olmstead Peevy Perry

Ragan of 10th

R,,RS,, aagyJ an

of .

32nd .

Scott of 36th

Starr

Tate

Turner

Tysinger

Walker

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Allgood Brannon McKenzie

Newbill Phillips Shumake

Stumbaugh Taylor Timmons

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 667.

FRIDAY, MARCH 4, 1988

2153

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1392. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to change the form of notice.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes |?roun ^Br ruy,r?tonnt CoveTll Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Garner Gillis HTHTaarrrnisson Hine Hudgins Huggins Johnson Kennedy Kidd Land

Langford Newbill Peevy Perry
Ragan of 10th Ragan of 32nd RS,, caoy.t.t of,. 02nd, Scott of 36th Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Howard McGill

McKenzie Olmstead Phillips

Shumake Tate Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1605. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to eliminate and repeal the provi sions relative to the automatic repeal of the chapter.
Senate Sponsor: Senator Ray of the 19th.

Senator Crumbley of the 17th offered the following amendment: Amend HB 1605 by adding after "attached" on line 21 of page 1 the words, "for administrative purposes only;".

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 38, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Johnson Kennedy Kidd Land

Langford McKenzie Newbill Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Hine McGill

Olmstead Phillips Shumake

Taylor Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1752. By Representatives Foster of the 6th, Griffin of the 6th, Oliver of the 121st and others:
A bill to amend Code Section 39-2-8 of the Official Code of Georgia Annotated, relating to the employment of certain minors during school vacation months, so as to authorize the employment of certain minors during school vacation months in the care and maintenance of lawns, gardens, and shrubbery under certain conditions.
Senate Sponsor: Senator Hudgins of the 15th.

The Senate Committee on Children and Youth offered the following substitute to HB 1752:

A BILL
To be entitled an Act to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to authorize the employment of certain minors during school vacation months in the care and maintenance of lawns, gar dens, and shrubbery under certain conditions; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 4, 1988

2155

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, is amended by adding immediately following Code Section 392-11 a new Code Section 39-2-11.1 to read as follows:
"39-2-11.1. Notwithstanding any other provision of this chapter or any rule or regula tion of the Commissioner of Labor adopted pursuant to the provisions of Code Section 39-22 to the contrary, a minor 14 years of age or over may be employed during the months of vacation from school in the care and maintenance of lawns, gardens, and shrubbery owned or leased by the employer of such minor, including the operation of equipment in connec tion therewith, provided the minor is covered by an accident and sickness insurance plan provided by the employer, the minor presents the employer with the certificate required by Code Section 39-2-11, and the minor is permitted by the employer to care for and maintain only those lawns, gardens, and shrubbery owned or leased by the employer. The work au thorized by this Code section includes the care and maintenance of lawns, gardens, and shrubbery on the grounds of mills or factories described in Code Section 39-2-1 and on the grounds of any other factory, mill, or business where employment of the minor within the factory, mill, or business might be prohibited by this chapter or by rules and regulations of the Commissioner of Labor."
Section 2. This Act shall become effective on June 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis
"arris arnson Hlne Howard Hudgins Huggins Johnson Kennedy Kidd

Land Langford Newbill Peevy Perry Ragan of 10th
*agan of 32nd ** , _, Scott of 2nd Scott of 36th Shumake Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Bowen Bryant McGill McKenzie

Olmstead Phillips Starr

Tate Taylor Timmons

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of five grams or more of pure cocaine, commonly known as "crack," shall constitute a crime; to provide for penalties.
Senator Perry of the 7th moved that, since the House had rejected the First Conference Committee report on SB 209, a Second Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the President ap pointed as a Second Conference Committee the following:
Senators Perry of the 7th, Turner of the 8th and Kidd of the 25th.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd, Simpson of the 70th and Williams of the 48th: A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsi bility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capac ity to appreciate the wrongfulness of the conduct.
The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Groover of the 99th and Alien of the 127th.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 1281. By Representatives Hooks of the 116th, Richardson of the 52nd, Childers of the 15th, McKinney of the 35th, Smyre of the 92nd and others: A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, includ ing Human Immunodeficiency Virus (HIV).
The Speaker has appointed on the part of the House, Representatives Childers of the 15th, Hooks of the 116th and Pannell of the 122nd.

FRIDAY, MARCH 4, 1988

2157

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

SB 561. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to authorize a district attorney to petition the court for authority to deposit seized currency in an interest-bearing account in a financial institution; to provide for the payment of accrued interest on seized currency deposited in a financial institution.

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.

The following general bills and resolutions of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1732. By Representative Groover of the 99th:
A bill to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to supervision, support, and interment of indigent persons, so as to change provisions relating to interment of deceased indigents and payment therefor.
Senate Sponsor: Senator Brannon of the 51st.

Senator Brannon of the 51st moved that HB 1732 be committed to the Senate Commit tee on Judiciary.

On the motion, the yeas were 38, nays 2; the motion prevailed, and HB 1732 was com mitted to the Senate Committee on Judiciary.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

HB 1240. By Representatives Lawler of the 20th, Cummings of the 17th and Hensley of the 20th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights for funding under the "Quality Basic Education Act," so as to provide that program weights shall be sufficient funds to make payments to teachers for unused sick leave; to amend Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick and other leave for teachers and other personnel, so as to provide for certain payments to teachers for unused sick leave.
Senate Sponsor: Senator Foster of the 50th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker

Broun Bryant Burton

Coleman Coverdell Crumbley

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Dawkins Deal Dean Echols Edge Engram Fincher Foster Garner Gillis Harris Harrison

Hine Howard Hudgins Huggins Johnson Kidd Land Newbill Olmstead Peevy Perry Phillips

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake
Stumb, aug,h Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Bowen Brannon

English Kennedy (presiding) Langford McGill

McKenzie Scott of 36th Tate Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 573. By Representative Harris of the 84th: A resolution compensating Mr. Greg Harden in the sum of $1,720.00. Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood
Baldwin Barker Barnes Brannon Broun
Bryant Burton Coleman
Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram
Fincher Foster Garner Gillis Harris
Harrison Hine Howard
Hudgins Huggins Johnson Kidd Land Langford McKenzie

Newbill Olmstead
Peevy Perry Phillips Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Shumake
Starr Stumbaugh Tate Taylor Turner Tysinger Walker

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Those not voting were Senators:

Bowen Kennedy (presiding)

McGill Scott of 36th

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 588. By Representative Isakson of the 21st: A resolution compensating Ms. Angie Callaway in the sum of $383.95. Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Kennedy (presiding)

McGill Scott of 36th

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 749. By Representative Lawler of the 20th:
A resolution compensating Mr. Jack Prince, Delta Y Corporation, Inc. in the sum of $1,007.57.
Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun
Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris
Harrison Hine Howard Hudgins Huggins Johnson Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Kennedy (presiding)

McGill Scott of 36th

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Garner of the 30th moved that the following resolution of the House, involving a compensation, be put upon its adoption and voted on separately:

HR 547. By Representative Beck of the 148th: A resolution compensating Mr. Roger L. Underwood in the sum of $1,034.95. Senate Sponsor: Senator Dean of the 31st.

The motion prevailed, and HR 547 was put upon its adoption.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Broun Bryant Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins

Huggins Johnson Land Langford McGill McKenzie Newbill Peevy Perry Phillips Ragan of 10th

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Ragan of 32nd Ray Scott of 2nd Shumake

Starr Stumbaugh Tate Taylor

Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Barnes

Brannon Garner

Kidd Olmstead

Those not voting were Senators:

Bowen Burton

Kennedy (presiding) Scott of 36th

Timmons

On the adoption of the resolution, the yeas were 44, nays 7.

The resolution, having received the requisite constitutional majority, was adopted.

HB 908. By Representative Ramsey of the 3rd:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to remove the limit on the maximum amount of intangible recording tax payable; to convert the intangible recording tax to a documentary tax.
Senate Sponsor: Senator Hudgins of the 15th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 25, 1987

SUBJECT: Fiscal Note--House Bill 908 (LC 14 4796ER) Intangible Recording Tax

This Bill changes the intangible recording tax (tax on long-term indebtedness) to a documentary tax (tax on the instrument securing long-term indebtedness) and defines "in struments or security instruments". In addition, the Bill also removes the maximum amount of intangible recording tax payable on a single note which is currently set at $25,000. The Bill's effective date was not stated; consequently, it would become effective upon the Gover nor's approval or upon becoming law without such approval.

The fiscal impact of this Bill could not be determined since the number of transactions that would generate taxes in excess of the current $25,000 maximum tax could not be pre dicted. It should be noted that transactions over $8,333,333 (which pay only the $25,000 maximum tax under current law) would generate additional tax revenue at the normal rate of $1.50 per $500 of the face amount of the note under this Bill's provisions.

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/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Banking and Finance offered the following substitute to HB 908:

A BILL
To be entitled an Act to amend Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the real estate transfer tax, so as to provide for a state hous ing surcharge to the real estate transfer tax; to provide for distribution of the state housing surcharge to the real estate transfer tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the real estate transfer tax, is amended by striking Code Section 48-6-1, relating to the real estate transfer tax, generally, in its entirety and inserting in lieu thereof a new Code Section 48-6-1 to read as follows:
"48-6-1. There is imposed a tax at the rate of $1.00 for the first $1,000.00 or fractional part of $1,000.00 and at the rate of lOc for each additional $100.00 or fractional part of $100.00 on each deed, instrument, or other writing by which any lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to or vested in the pur chaser or purchasers, or any other person or persons by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance existing prior to the sale and not removed by the sale) exceeds $100.00. Whenever the tax imposed by this Code section is collected, there is further imposed a state housing surcharge at a rate of 30<f on the first $1,000.00 or fractional part of $1,000.00 and at the rate of 3(t for each additional $100.00 or fractional part of $100.00. The state housing surcharge shall be administered and collected and treated in the same manner as the real estate transfer tax collected pursuant to this article, except with regard to distribution of the tax and housing surcharge as specifically provided in Code Section 48-6-8."
Section 2. Said article is further amended by striking Code Section 48-6-8, relating to distribution of the tax, in its entirety and inserting in lieu thereof a new Code Section 48-6-8 to read as follows:
"48-6-8. (a) Except as provided in subsection (b) of this Code section, all revenues de rived from the tax imposed by this article shall be distributed among the state and munici palities in which the real property is situated and the county in which the real property is situated in the same proportion that revenues derived from the taxes imposed by Article 2 of this chapter, relating to taxation of intangible personal property, are divided. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner.
(b) The state housing surcharge which is imposed by Code Section 48-6-1 and all inter est earned on the state housing surcharge shall be paid directly into the state treasury."
Section 3. This Act shall become effective on January 1, 1989; provided, however, that the provisions of this Act shall become effective on such date only upon the ratification of a certain constitutional amendment at the November, 1988, general election, which amend ment authorizes the General Assembly to provide for a State Housing Trust Fund and for all matters relative thereto.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 1, and the substitute was adopted.

FRIDAY, MARCH 4, 1988

2163

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker
Barnes Brannon B roun .

Foster Garner Gillis
Harris Hine Howard

CuCooruileemmmbaalneny Dean Echols English Engram Fincher

Hudgins Huggms Johnson Kidd Langford McGill McKenzie

Olmstead Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Sm Shcoutmt iaokfe2nd Stumbaugh Tate Taylor Turner Walker

Those voting in the negative were Senators:

Albert Burton Coverdell Dawkins

Deal Edge Harrison

Newbill Peevy Tysinger

Those not voting were Senators:

Bowen Kennedy (presiding)

Land Scott of 36th

Starr Timmons

On the passage of the bill, the yeas were 40, nays 10.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:

HB 924. By Representatives Chambless of the 133rd, Thomas of the 69th and Robinson of the 96th:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to limited partnerships, so as to revise, modernize, and supersede the laws of Georgia relating to limited partnerships.

The House amendment was as follows:
Amend the Senate amendment to HB 924 by adding following the word "appropriated" on line 10 of page 2, line 12 of page 2, and line 17 of page 2 the following:
"or authorized".

Senator Hine of the 52nd moved that the Senate agree to the House amendment to the Senate amendment to HB 924.

On the motion, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun
Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harrison Hine Howard Huggins Johnson Kidd Land Langford McGill

Those not voting were Senators:

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

Bowen Harris Hudgins

Kennedy (presiding) Ragan of 10th Scott of 36th

Starr Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 924.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health.

Senator Coverdell of the 40th moved that the Senate adhere to its disagreement to the House substitute to SB 532 and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 1; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 532.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Coverdell of the 40th, Engram of the 34th and Langford of the 35th.

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2165

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1619. By Representatives Orrock of the 30th and Childers of the 15th:
A bill to amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, so as to change certain license requirements.
Senate Sponsor: Senator Hine of the 52nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Harris Harrison Hine Howard Huggins Johnson Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Gillis Hudgins

Kennedy (presiding) McKenzie Ray

Scott of 36th Tate Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 458. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide, free of charge, special license plates for for mer members of the Georgia National Guard with 20 or more years' service in the National Guard; to provide procedures; to provide for form of license plate.

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The House substitute to SB 458 was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to make it unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the Department of Revenue and unless such activity is carried on at an established place of business or at a temporary site; to provide procedures for and exceptions to the foregoing; to provide for civil and criminal penalties; to authorize a dis tinctive license plate for retired members of the Georgia National Guard; to provide for matters related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding between Code Section 402-36 and Code Section 40-2-37 a new Code Section 40-2-36.1 to read as follows:
"40-2-36.1. (a) As used in this Code section, the term:
(1) 'Dealer' means any person engaged in the business of selling or offering to sell new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term 'dealer' shall not mean any person engaged solely in the business of selling used motor vehicles and shall not mean any person engaged in the solicitation, advertising, or financing of the sale of new motor vehicles and shall not mean any person engaged solely in activities as a manufacturer or distributor of new motor vehicles.
(2) 'Distributor' means any person who, pursuant to a contract with a manufacturer, sells or offers to sell new motor vehicles to new motor vehicle dealers.
(3) 'Established place of business' means a permanent salesroom or sales office of a new motor vehicle dealer, which permanent salesroom or sales office is located in a permanent building on an open lot and which is marked by an appropriate sign and at which a perma nent business of bartering, trading, or selling of new motor vehicles is carried on in good faith.
(4) 'Manufacturer' means any person who makes or assembles new motor vehicles.
(5) 'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products and except construction equipment.
(6) 'New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued.
(7) 'Person' means every natural person, partnership, corporation, association, trust, es tate, or any other legal entity.
(8) 'Temporary site' means a location at which new motor vehicles are sold or offered for sale which location is:
(A) Used for a period not to exceed 96 hours in any one-month period of time;
(B) Used not more than three times in any calendar year; and
(C) Located in the county which is within two counties of the county in which the established place of business of the new motor vehicle dealer using the temporary site is located.
(9) 'Trade shows' means the display or solicitation for sale of new motor vehicles at a location other than the established place of business at which the sales transaction is accom plished or at which delivery of the new motor vehicle is completed.

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(b) (1) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the commissioner and ob tained a dealer's number license plate under Code Section 40-2-36 for each established place of business at which the person engages in such activity. The commissioner shall not accept such application for registration and shall not issue a dealer's number license plate unless and until the applicant establishes to the satisfaction of the commissioner, under criteria established by rules or regulations promulgated by the commissioner, that the applicant shall not engage in any activity of a new motor vehicle dealer except at an established place of business or at a temporary site.
(2) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer except at an established place of business which has been registered as such under this Code section and Code Section 40-2-36 or at a temporary site.
(3) This subsection shall not be construed to prohibit new motor vehicle trade shows.
(c) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, when ever the commissioner, after a hearing, determines that any person has violated any provi sions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is ag grieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corpo ration, in the county wherein the corporation maintains its established place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties pro vided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor."
Section 2. Said chapter is further amended by striking Code Section 40-2-65, relating to Georgia National Guard license plates, and inserting in lieu thereof a new Code section to read as follows:
"40-2-65. (a) (1) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for pri vate passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such plate at a time. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the members of the Georgia National Guard.
(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating

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to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment of the basic registration fee, shall be issued a license plate as pre scribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such plate at a time. The license plates issued pursuant to this paragraph, shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to para graph (1) of this subsection. The adjutant general of Georgia shall furnish to the commis sioner each year, prior to the date that license plates are issued, a list of the retired mem bers of the Georgia National Guard.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard,' such plate shall be removed and the au thority to use the same shall thereby be canceled; however, after such a transfer of owner ship occurs, should the said member or retired member of the National Guard acquire an other motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $1.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's Na tional Guard license plate at the time of the discharge and shall forward same to the com missioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has pur chased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall reissue a National Guard li cense plate, at no extra charge, to such new member to replace the regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropri ate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall, on or before March 1 in each year, furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep current such lists for public information and inquiry.
(d) The commissioner shall make such rules and regulations as necessary to enforce compliance with all state license laws relating to the use and operation of a private passen ger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to make all rules and regulations necessary to make adequate provi sion for instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
Section 3. This Act shall become effective on July 1, 1988.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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2169

Senator Barnes of the 33rd moved that the Senate disagree to the House substitute to SB 458.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 458.
Senator Barnes of the 33rd moved that the Senate reconsider its action in disagreeing to the House substitute to SB 458.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate reconsid ered its disagreement to the House substitute to SB 458.
The President resumed the Chair.
The following resolution of the House was taken up for the purpose of considering the House action thereon:
HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A resolution relative to the acquisition of certain state property in Atlanta, Fulton County, Georgia, near the World Congress Center, to provide for expan sion and a major sports complex; to provide requirement of certain guidelines for protection of the state's interest.
Senator Barnes of the 33rd moved that the Senate adhere to the Senate amendment to HR 746 and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HR 746.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Barnes of the 33rd, McKenzie of the 14th and Broun of the 46th.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House disagrees to the Senate amendment to the House substitute and adheres to its position in substituting the following bill of the Senate:
SB 573. By Senators Barnes of the 33rd and Harrison of the 37th: A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and Johnson of the 47th: A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis-

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lative purpose and intent; to provide a definition; to provide, under certain cir cumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.
Senator Barnes of the 33rd moved that the Senate adhere to its disagreement to the House substitute to SB 435 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 435.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th.
The President announced that the Senate would stand in recess from 7:25 o'clock P.M. until 8:00 o'clock P.M.
At 8:00 o'clock P.M., the President called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 597. By Senators Barnes of the 33rd and Ray of the 19th: A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, so as to expand the defini tion of "project"; to provide for certain powers and authorities of the Depart ment of Natural Resources relative to the Georgia Hazardous Waste Manage ment Authority; to limit certain liability of the members and officers and employees of the authority.
The following general bill of the House, having been read the third time on February 11, 1988, and committed to the Senate Committee on Public Safety, withdrawn from the Senate Committee on Public Safety and committed to the Senate Committee on Judiciary on February 12, and favorably reported by the committee, was put upon its passage:
HB 1273. By Representatives Rainey of the 135th, Moody of the 153rd, Twiggs of the 4th and others: A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for the regulation of dangerous dogs. Senate Sponsor: Senator Perry of the 7th.
The Senate Committee on Judiciary offered the following substitute to HB 1273:
A BILL To be entitled an Act to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to change a reference in the provision relating to penalties for the violation of certain laws regulating and controlling dogs; to provide for the regulation of dangerous and potentially dangerous dogs; to provide for a short title; to provide for definitions; to provide for exceptions; to provide for the jurisdiction and duties of local gov-

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ernments in the regulation of dangerous dogs and potentially dangerous dogs; to provide for certain contracts and agreements among local governments; to provide procedures for the classification of dangerous and potentially dangerous dogs and for certain notices and hear ings in connection therewith; to provide for the registration of dangerous and potentially dangerous dogs; to provide for unlawful activities in connection with registering, owning, possessing, and maintaining a dangerous or potentially dangerous dog; to provide for the confiscation of dangerous and potentially dangerous dogs; to provide for the destruction of dangerous and potentially dangerous dogs under certain circumstances; to provide for penal ties; to provide for construction relative to other laws and local ordinances or resolutions; to provide for other matters relative to the foregoing; to provide effective dates; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, is amended by striking Code Section 4-8-7, relating to penalties for the violation of certain laws regulating and controlling dogs, in its entirety and substituting in lieu thereof a new Code Section 4-8-7 to read as follows:
"4-8-7. Any person who violates any provision of this article shall be guilty of a misdemeanor."
Section 2. Said chapter is further amended by designating the present provisions of said chapter, Code Sections 4-8-1 through 4-8-7, as Article 1 thereof and by adding at the end thereof a new Article 2 to read as follows:
"ARTICLE 2
4-8-20. This article shall be known and may be cited as the 'Dangerous Dog Control Law.'
4-8-21. (a) As used in this article, the term:
(1) 'Dangerous dog' means any dog that, according to the records of an appropriate authority:
(A) Has without provocation inflicted severe injury on a human being on public or pri vate property; or
(B) Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification.
(2) 'Dog control officer' means an individual selected by a local government pursuant to the provisions of subsection (c) of Code Section 4-8-22 to aid in the administration and enforcement of the provisions of this article.
(3) 'Governing authority' means the governing body or official in which the legislative powers of a local government are vested.
(4) 'Local government' means any county or municipality of this state.
(5) 'Owner' means any natural person or any legal entity, including but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dangerous dog or potentially dangerous dog within this state.
(6) 'Potentially dangerous dog' means any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or any dog that when unprovoked:
(A) Inflicts bites on a human being on public or private property; or
(B) Chases or approaches a human being upon the street, sidewalks, or any public grounds in a vicious or terrorizing manner in an apparent attitude of attack.
(7) 'Proper enclosure' means an enclosure for keeping a dangerous dog or potentially dangerous dog while on the owner's property securely confined indoors or in a securely en closed and locked pen, fence, or structure suitable to prevent the entry of young children

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and designed to prevent the dog from escaping. Any such pen or structure shall have secure sides and a secure top, and, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog.
(8) 'Records of an appropriate authority' means records of any state, county, or munici pal law enforcement agency; records of any county or municipal animal control agency; records of any county board of health; records of any federal, state, or local court; or records of a dog control officer provided for in this article.
(9) 'Severe injury' means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death.
(b) A dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties shall not be a dangerous dog or potentially dangerous dog within the meaning of this article. A dog shall not be a dangerous dog or a potentially dangerous dog within the meaning of this article if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
4-8-22. (a) Except as otherwise provided by subsection (b) of this Code section, a county's jurisdiction for the enforcement of this article shall be the unincorporated area of the county and a municipality's jurisdiction for such enforcement shall be the territory within the corporate limits of the municipality.
(b) Any county or municipality or any combination of such local governments may con tract or enter into agreements with each other for joint dog control services or for the provi sion of dog control services required by this article and for the separate or joint use of personnel, facilities, and equipment used in the provision of such services.
(c) The governing authority of each local government shall designate an individual to carry out the duties of a dog control officer as provided in this article. One individual may carry out the duties of a dog control officer for more than one local government pursuant to a contract or agreement under subsection (b) of this Code section. The governing authority of a local government may assign the additional duties of dog control officer to any officer or employee of the local government who is subject to the jurisdiction of the governing author ity. With the consent of the sheriff, the governing authority of a local government may as sign the additional duties of dog control officer to a county sheriff or to a sheriffs deputy. With the consent of the county board of health and the rabies control officer, the governing authority of a local government may assign the additional duties of dog control officer to a rabies control officer appointed under Code Section 31-19-7. A person carrying out the du ties of a dog control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest.
(d) The governing authority of a local government may provide by ordinance or resolu tion for the creation of an animal control board to hold hearings provided for in Code Sec tion 4-8-24. If such an animal control board is created, such board may hear and determine matters provided for in Code Section 4-8-24. No member of the animal control board may participate in a hearing on any matter in which such member previously participated in the classification of the dog at issue. An animal control board may be created jointly by two or more local governments under the provisions of subsection (b) of this Code section.
(e) In lieu of conducting the hearings required by Code Section 4-8-24 or creating an animal control board for such purpose as provided in subsection (d) of this Code section, the governing authority of each local government is authorized to designate the local board of health within the jurisdiction of such local government to conduct such hearings. Any board

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so designated is authorized and shall have jurisdiction to conduct such hearings and deter mine matters provided for in Code Section 4-8-24.
4-8-23. (a) Each dog control officer shall make such investigations and inquiries as may be necessary to identify dangerous dogs and dangerous dog owners within the dog control officer's jurisdiction.
(b) When a dog control officer classifies a dog as a dangerous dog or reclassifies a poten tially dangerous dog as a dangerous dog, the dog control officer shall notify the dog's owner in writing by certified mail to the owner's last known address of such classification or reclassification. Such notice shall be complete upon its mailing.
4-8-24. (a) As applied to the owners of potentially dangerous dogs, the procedures pro vided for in this Code section must be carried out as a necessary condition for the enforce ment of the provisions of this article against such owners. As applied to the owners of dan gerous dogs, the procedures provided for in this Code section shall not be an essential element of any crime provided for in this article.
(b) When a dangerous dog or a potentially dangerous dog is classified as such, the dog control officer shall notify the dog's owner of such classification.
(c) The notice to the owner shall meet the following requirements:
(1) The notice shall be in writing and mailed by certified mail to the owner's last known address;
(2) The notice shall include a summary of the dog control officer's findings that formed the basis for the dog's classification as a dangerous or potentially dangerous dog;
(3) The notice shall be dated and shall state that the owner, within 15 days after the date shown on the notice, has a right to request a hearing on the dog control officer's deter mination that the dog is a dangerous dog or potentially dangerous dog;
(4) The notice shall state that the hearing, if requested, shall be before the governing authority, the board of health, or the animal control board of the respective local govern ment and shall specify the name of the applicable agency which will conduct the hearing;
(5) The notice shall state that if a hearing is not requested, the dog control officer's determination that the dog is a dangerous dog or a potentially dangerous dog will become effective for all purposes under this article on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and
(6) The notice shall include a form to request a hearing before the applicable agency and shall provide specific instructions on mailing or delivering such request to the agency.
(d) When the governing authority, animal control board, or local board of health, whichever is applicable, receives a request for a hearing as provided in subsection (c) of this Code section, it shall schedule such hearing within 30 days after receiving the request. The governing authority or board shall notify the dog owner in writing by certified mail of the date, time, and place of the hearing, and such notice shall be mailed to the dog owner at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence and in addition thereto the governing authority or board shall receive such other evidence and hear such other testimony as the governing authority or board may find reasonably necessary to make a determination either to sustain, modify, or overrule the dog control officer's classification of the dog.
(e) Within ten days after the date of the hearing, the governing authority or board shall notify the dog owner in writing by certified mail of its determination on the matter. If such determination is that the dog is a dangerous dog or a potentially dangerous dog, the notice shall specify the date upon which that determination is effective.
4-8-25. (a) It is unlawful for an owner to have or possess within this state a dangerous dog or potentially dangerous dog without a certificate of registration issued in accordance with the provisions of this Code section.

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(b) Subject to the additional requirements of subsection (c) of this Code section for dangerous dogs, the dog control officer of a local government in which an owner possesses a dangerous dog or potentially dangerous dog shall issue a certificate of registration to the owner of such dog if the owner presents to the dog control officer or the dog control officer otherwise finds sufficient evidence of:
(1) A proper enclosure to confine the dangerous dog or potentially dangerous dog; and
(2) The posting of the premises where the dangerous dog or potentially dangerous dog is located with a clearly visible sign warning that there is a dangerous dog on the property and containing a symbol designed to inform children of the presence of a dangerous dog.
(c) In addition to the requirements of subsection (b) of this Code section, the owner of a dangerous dog shall present to the dog control officer evidence of:
(1) A policy of insurance in the amount of at least $15,000.00 issued by an insurer au thorized to transact business in this state insuring the owner of the dangerous dog against liability for any personal injuries inflicted by the dangerous dog; or
(2) A surety bond in the amount of $15,000.00 or more issued by a surety company authorized to transact business in this state payable to any person or persons injured by the dangerous dog.
(d) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall also provide the dog control officer with the name, address, and telephone num ber of the new owner of the dog.
(e) A dog control officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article. Law enforcement agencies of local governments and the sheriffs of counties shall cooperate with dog control officers in enforc ing the provisions of this article.
(f) A local government may charge an annual fee, in addition to regular dog-licensing fees, to register dangerous dogs and potentially dangerous dogs as required in this Code section.
4-8-26. (a) It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and is under the physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respira tion but will prevent it from biting any person.
(b) It is unlawful for the owner of a potentially dangerous dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a substantial chain or leash and is under the restraint of a responsible person.
4-8-27. (a) A dangerous dog shall be immediately confiscated by the dog control officer or by a law enforcement officer or by another person authorized by the dog control officer if the:
(1) Owner of the dog does not secure the liability insurance or bond required by subsec tion (c) of Code Section 4-8-25;
(2) Dog is not validly registered as required by Code Section 4-8-25;
(3) Dog is not maintained in a proper enclosure; or
(4) Dog is outside a proper enclosure in violation of subsection (a) of Code Section 4-826.
(b) A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is:
(1) Not validly registered as required by Code Section 4-8-25;

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(2) Not maintained in a proper enclosure; or
(3) Outside a proper enclosure in violation of subsection (b) of Code Section 4-8-26.
(c) Any dog that has been confiscated under the provisions of subsection (a) or (b) of this Code section shall be returned to its owner upon the owner's compliance with the provi sions of this article and upon the payment of reasonable confiscation costs. In the event the owner has not complied with the provisions of this article within 20 days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner.
4-8-28. (a) The owner of a dangerous dog who violates the applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or whose dangerous dog is subject to confiscation under subsection (a) of Code Section 4-8-27 shall be guilty of a misdemeanor of high and aggravated nature. In addition to any confinement that might be imposed for a conviction under this subsection, for the second conviction a fine of not less than $500.00 shall be imposed and for a third or subsequent conviction a fine of not less than $750.00 shall be imposed.
(b) The owner of a potentially dangerous dog who violates the applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or whose potentially dangerous dog is subject to confiscation under subsection (b) of Code Section 4-8-27 shall be guilty of a misdemeanor. In addition to any confinement that might be imposed for a conviction under this subsec tion, for a second conviction a fine of not less than $150.00 shall be imposed and for a third or subsequent conviction a fine of not less than $300.00 shall be imposed.
(c) If an owner who has a previous conviction for a violation of this article knowingly and willfully fails to comply with the provisions of this article, such owner shall be guilty of a felony if the owner's dangerous dog attacks or bites a human being under circumstances constituting another violation of this article. The owner of a dangerous dog who is convicted for a violation of this subsection shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than five years or by both such fine and imprisonment.
(d) An owner who knowingly and willfully fails to comply with the provisions of this article shall be guilty of a felony if the owner's dangerous dog aggressively attacks and causes severe injury or death of a human being under circumstances constituting a violation of this article. The owner of a dangerous dog who is convicted for a violation of this subsec tion shall be punished by a fine of not less than $5,000.00 nor more than $10,000.00 or by imprisonment for not less than one nor more than ten years or by both such fine and imprisonment.
(e) In addition to the penalties for violations under subsection (c) or (d) of this Code section, the dangerous dog involved shall be immediately confiscated by the dog control officer or by a law enforcement officer or another person authorized by the dog control of ficer and placed in quarantine for the proper length of time as determined by the county board of health, and, thereafter, the dangerous dog shall be destroyed in an expeditious and humane manner.
(f) No owner of a dangerous dog shall be held criminally liable under this article for injuries inflicted by said owner's dog to any human being while on the owner's property.
4-8-29. The provisions of this article are in addition to and supplementary of any previ ously existing laws of this state and shall not be construed to repeal or supersede such previously existing laws. The provisions of this article shall not be construed to repeal or supersede any previously existing ordinances or resolutions of local governments, except to the extent that such previously existing ordinances or resolutions are in conflict or are in consistent with the provisions of this article."
Section 3. This Act shall be effective on July 1, 1988, only for administrative purposes to allow county and municipal governments to adopt ordinances or resolutions or take such other action as may be necessary to prepare for the enforcement of the provisions of this

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Act on and after January 1, 1989. This Act shall be effective for all purposes on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Barker English

Johnson Scott of 2nd

Those not voting were Senators:

Harris Harrison

Phillips Starr

Tate Timmons

On the passage of the bill, the yeas were 46, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.

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The House substitute to SB 197 was as follows:

A BILL

To be entitled an Act to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, is amended by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b) and by adding at the end of such Code section new subsections (f) and (g) to read as follows:

"(a) Unless otherwise provided by local law, the chief magistrate of each county other than those counties where the probate judge serves as chief magistrate shall receive a mini mum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999 ......................................................$ 5,925.00 6,000 -- 11,999 ...................................................... 8,827.50 12,000 -- 19,999 ...................................................... 10,065.00 20,000 -- 29,999 ...................................................... 11,250.00 30,000 -- 39,999 ...................................................... 13,365.00 40,000 -- 49,999 ...................................................... 14,580.00 50,000 -- 99,999 ...................................................... 15,480.00 100,000 -- 199,999 ...................................................... 20,212.50 200,000 -- 299,999 ...................................................... 26,550.00 300,000 or more ......................................................... 28,750.00
The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as deter mined by the United States decennial census of 1980 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office.

(b) Unless otherwise provided by local law, each magistrate other than the chief magis trate shall receive a minimum monthly salary of $150.00 per month. The salary of each magistrate other than the chief magistrate may be supplemented by the county governing authority in such amount as it may fix from time to time; but no such magistrate's compen sation or supplement shall be decreased during any term of office.
(f) During the term of office of any chief magistrate or magistrate whose salary is sup plemented by the county governing authority, the chief magistrate or magistrate shall be entitled to the greater of the current salary, including any supplement by the county gov erning authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both.
(g) This Code section shall not apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magis trate shall be as provided by the local governing authority of the county."
Section 2. This Act shall become effective on January 1, 1989.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Deal of the 49th moved that the Senate disagree to the House substitute to SB 197.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 197.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd and others:
A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsi bility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capac ity to appreciate the wrongfulness of the conduct.

Senator Crumbley of the 17th moved that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 878 and that a Conference Committee be appointed.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate substitute to HB 878.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Crumbley of the 17th, Garner of the 30th and Dean of the 31st.

The following general bill of the House, having been read the third time and lost on February 29, 1988, reconsidered on March 1 and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 1395. By Representatives Colwell of the 4th, Greene of the 130th, Foster of the 6th, Cox of the 141st and Johnson of the 72nd:
A bill to amend Code Section 50-22-7 of the Official Code of Georgia Annotated, relating to exemptions from the requirements of Chapter 22 of Title 50 concern ing managerial control over acquisition of professional services, so as to exempt the State Properties Commission from the provisions of such chapter.
Senate Sponsor: Senator Scott of the 2nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bryant Coleman Dean English

Fincher Gillis Howard Kennedy Kidd Langford McGill

McKenzie Olmstead Ray Scott of 2nd Scott of 36th Starr Walker

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Those voting in the negative were Senators:

Albert Barker Bowen Brannon
BCouvrteorndell
Crumbley Dawkins Deal Echols Edge

Engram Foster Garner Harris
garrison HHumdegins
Huggins Johnson Land Newbill Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Shumake S_,.tumb, augh,
1 ate Taylor Timmons Turner Tysinger

On the passage of the bill, the yeas were 21, nays 35.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1714. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification by the State Board of Education of professional per sonnel employed in the public schools of Georgia, so as to provide for fees to be paid by applicants for certification or renewal.
Senate Sponsor: Senator Foster of the 50th.

Senators Tate of the 38th, Timmons of the llth, Ray of the 19th, Newbill of the 56th and Walker of the 43rd offered the following amendment:

Amend HB 1714 by adding a new section (B) on line 25, page 1, to read as follows:
"(B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university . . . $20.00.";
and change present sections (B), (C), (D), (E), and (F) to (C), (D), (E), (F), and (G).

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun

Bryant Burton Coleman Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison

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Mine Howard Hudgins
Johnson Kennedy
Land Langford McGill

McKenzie Newbill Olmstead
,, *^ Phillips Ragan of 32nd Ray Scott of 2nd

Scott of 36th Shumake Starr S,,,tu.mbaugh Tate Timmons Turner Tysinger Walker

Voting in the negative were Senators Ragan of the 10th and Taylor.

Not voting were Senators Coverdell and Crumbley.

On the passage of the bill, the yeas were 52, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 71. By Representatives Jackson of the 9th, Crosby of the 150th, Barnett of the 10th, Porter of the 119th, Lane of the 27th and Barnett of the 59th:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts and safety restraints for children in motor vehicles, so as to change the class of individuals who are covered by the requirement to use child passenger restraining systems; to provide an expanded definition of compli ance with the requirement to use such systems.
Senate Sponsor: Senator Harris of the 27th.

The Senate Committee on Transportation offered the following amendment:
Amend HB 71 by inserting on line 3 of page 3 immediately following the word "Re sources" the following:
"and unless such children are being transported to said church or public or private school in a van operated by the church or public or private school".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster

Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Kidd

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Land Langford

Phillips Ragan of 10th Ragan of 32nd

Starr Stumbaugh Tate

Olmstead Peevy Perry

Scott of 2nd Scott of 36th Shumake

Turner Tysinger Walker

Not voting was Senator Timmons.

On the passage of the bill, the yeas were 55, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1280. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of tax executions, so as to provide that it shall be unlawful for certain tax officials and their employees to pay tax executions in order to obtain transfer of such executions; to provide that executions transferred in violation of the foregoing shall be void and unenforceable.
Senate Sponsor: Senator Dawkins of the 45th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

January 26, 1988

SUBJECT: Fiscal Note--House Bill 1280 (LC 14 4920) Transfer Tax Executions--Prohibit Payment by Certain Officials

This Bill would make it unlawful for certain tax officials and employees to obtain trans fer of tax executions by paying the tax execution. Transactions in violation of these provi sions would be void, and the tax officials or employees involved would be guilty of a misde meanor if convicted. If enacted, this Bill would become effective July 1, 1988.

This Bill would not have a fiscal impact on state revenues. The Bill only prohibits a small group of individuals from obtaining transfers of tax executions.

/a/ G. W. Hogan State Auditor

/a/ C. T. Stevens, Director Office of Planning and Budget

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The Senate Committee on Banking and Finance offered the following substitute to HB 1280:
A BILL
To be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to require the tax official to give the taxpayer certain notice prior to issuing a tax execution; to provide that it shall be unlawful for certain tax officials and their employees to pay tax executions in order to obtain transfer of such executions; to provide that executions transferred in violation of the foregoing shall be void and unenforceable; to provide for criminal penalties for violations; to provide for the maxi mum amount which the transferee of a tax execution may charge for the release or satisfac tion of such execution; to require the would-be transferee of a tax execution to give certain notice prior to obtaining the transfer of a tax execution; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-3, relating to issuing tax execu tions, and inserting in lieu thereof a new Code Section 48-3-3 to read as follows:
"48-3-3. (a) Except as otherwise provided in Code Section 48-5-512, the tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by him at any time after 30 days have elapsed since giving notice as provided in subsection (b) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the state.
(b) As soon as the last day for the payment of taxes has arrived, the tax collector or tax commissioner shall notify in writing the taxpayer of the fact that the taxes have not been paid and that, unless paid, an execution shall be issued."
Section 2. Said chapter is further amended by striking Code Section 48-3-19, relating to transfer of tax executions, and inserting in lieu thereof a new Code Section 48-3-19 to read as follows:
"48-3-19. (a) (1) Whenever any person other than the person against whom an execu tion has been issued pays an execution issued for state, county, or municipal taxes and proves compliance with subsection (c) of this Code section, the officer whose duty it is to enforce the execution, upon the request of the party paying the execution, shall transfer the execution to the party so paying. The person to whom the execution is transferred shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, if, within 30 days of the transfer, the person to whom the execution is transferred has the execution entered on the general execution docket of the superior court of the county in which the execution was issued and, if the person against whom the execution was issued resides in a different county, has the execu tion entered on the general execution docket of the superior court in the county of such person's residence. In default of the required entry, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution.
(2) (A) It shall be unlawful for any tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this paragraph are:
(i) County tax receivers, tax collectors, and tax commissioners;
(ii) Members of county boards of tax assessors;
(iii) Members of county boards of equalization; and
(iv) County tax appraisers.
(B) Any execution transferred in violation of subparagraph (A) of this paragraph shall

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be void and unenforceable by the person obtaining the execution and his successors in interest.
(C) Any tax official or employee of a tax official violating subparagraph (A) of this para graph shall upon conviction be guilty of a misdemeanor.
(b) (1) The county governing authority of each county having a population of 600,000 or more, according to the United States decennial census of 1970 or any future such census, and the governing authority of each municipality within each such county may sell and transfer, in lot blocks of the aggregate principal amount of not less than $10,000.00, execu tions issued for delinquent ad valorem taxes at a discount or discounts not to exceed 10 percent of the principal amount and for interest then due on the executions. The transferee of executions sold and transferred shall have the same rights, powers, liens, and priorities as do the transferees of tax executions transferred in accordance with law under which no dis count is allowed. When a discount is allowed on the sale and transfer of any executions which include taxes due the state, no part of the discount shall be deducted from the por tion of the taxes payable to the state and the portion of the discount applicable to the taxes due the state shall be absorbed by the county or municipality. There shall not be included in any lot or block of tax executions sold and transferred at a discount any executions which exceed, or in any number of executions against the same person or corporation which ex ceed, in principal amount, 20 percent of the total principal amount of the executions in the lot or block of executions.
(2) Whenever the official authorized to sell and transfer executions at a discount deter mines to do so, a schedule of the executions to be so transferred, together with the name of the person or corporation to whom or to which the executions are to be transferred and the discount to be allowed, shall be furnished in writing to the officer charged by law with the duty of enforcing the executions to be transferred. Upon receipt from the purchaser so des ignated of the amount of the principal, interest, and costs then due on the executions less the discount specified in the written notice, the officer charged by law with the duty of enforcing the executions shall transfer and deliver the executions to the person or corpora tion making the payment. The transfers shall recite as the consideration for the transfer the receipt of the full amount of the executions as though no discount had been allowed. The transfers shall vest in the transferee and his or its successors and assigns the full priority of the lien and all of the rights and powers for enforcing the executions and collecting the full amount of the executions including principal, interest, and costs which were at the time of the transfer possessed or held by the state, county, city, or municipality by, for, or in the name of which the executions were issued. The transferee and its successors and assigns shall be subrogated to all of the rights and powers with respect to the executions possessed by, or which would thereafter accrue to, the state, county, municipality, or city by, for, or in the name of which the executions were issued, had no transfer been made. The lien of the executions shall not be divested by any sale under any other process, judicial or otherwise, or by any sale to satisfy any prior or any subsequent tax lien, if the transferee has the executions entered on the general execution docket of the superior court of the county in which the executions were issued and, if the person against whom the same were issued resides in a different county, then also in the county of such person's residence within 30 days of the date of the transfers. In default of the required entry, the executions shall lose their lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the executions.
(3) Nothing done or omitted to be done by any officer or employee of the state, county, city, or municipality by, for, or in the name of which the executions so sold and transferred were issued shall prevent or in any way interfere with the collection of the full amount of the principal, interest, and costs due on, and in accordance with the terms of, the execu tions. No person liable for the payment of the taxes represented by the executions or desir ing for any reason to pay such taxes shall be entitled to any credit or benefit from or on account of the discount allowed to the transferee of the executions. The collection of the executions shall not be defeated for any reason except upon proof that the tax has been paid

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or that the property on which the tax was assessed is exempt from taxation under the laws of this state.
(4) Tax executions sold and transferred at a discount in accordance with this subsection shall not be enforced by levy within three months of the date of the transfer. Nothing in this Code section shall be held or construed to affect or impair the lien or priority of lien of the executions or to interfere with the collection of the executions in any manner other than by levy of the executions.
(c) No person may pay a tax execution and thereby become the transferee of such exe cution as provided in subsection (a) of this Code section unless and until such person has notified the individual against whom the execution has issued by certified mail of his inten tion to pay such execution and unless and until 30 days have elapsed since the giving of such notice.
(d) The person to whom a tax execution is transferred as provided in this Code section or his successor or assigns shall not charge the person against whom such execution was issued for the release or satisfaction of such execution more than the amount paid on the tax execution plus interest from the date of such transfer on such amount calculated at a rate not exceeding 12 percent per annum."
Section 3. This Act shall become effective July 1, 1988, and shall apply with respect to executions transferred on or after said effective date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bo roun. BuC Coleman
Coverdell
Crumbley Dawkins Deal Echols Edge

English Fincher Foster Garner Gillis Harris Harnson HTIinje 3S Johnson
Kennedy
Kidd Land Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of loth Ragan of 32nd ^ cSco.t,t ocf 02ndj Scott of 36th Shumake
btumbaugh
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Dean Engram

Howard McGill

Starr Timmons

On the passage of the bill, the yeas were 50, nays 0.

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The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1531. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to repeal the provisions relating to investigation and presentment of a list of per sons who hinder, obstruct, or interfere with a sheriff, constable, or other officer to the grand jury of the county and the penalty for failure of an officer to make such report.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes owen rannon
ffoun oBCoruylreftomnan Coverdell Crumbley Dawkins Deal Dean Edge English

Engram Fincher Foster Garner
Gillis Harris Harrison
Hine HHouwdgai.rnds Huggins Johnson Kennedy Kidd Land Langford McGill

Newbill Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SShcoutmt aok.fe36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Echols McKenzie

Olmstead Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1349. By Representatives Childers of the 15th, Pannell of the 122nd, Hooks of the 116th, Richardson of the 52nd and others:
A bill to exercise the authority of the General Assembly under Chapter 2 of Title 43 of the Official Code of Georgia Annotated, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," so as to amend Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, so as to provide for the continuation of the board but provide for the later termination of that board and the repeal of the laws relating thereto.
Senate Sponsor: Senator Kidd of the 25th.

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The Senate Committee on Governmental Operations offered the following substitute to HB 1349:
A BILL
To be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change the State Board of Pharmacy's authority regarding certain rules relating to the advertising of drug prices; to change the date of termination of the State Board of Pharmacy; to provide that no person other than a licensed pharmacist or a licensed veterinarian shall be authorized to dispense prescription medication for remuneration; to provide an exception; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change the definition of the term "chiropractic"; to change the provisions relating to the scope of practice of chiropractors; to provide for ancillary procedures; to provide for a chiropractic standard of care and skill and authorize recovery for injuries resulting from a want of such care and skill; to change the provisions relating to the authority of the Georgia Board of Chiropractic Examiners; to change the provisions relating to reciprocity involving the Geor gia Board of Chiropractic Examiners; to require chiropractors to post an itemized list of fees and costs for services provided patients; to change the provisions relating to continuing edu cation required of chiropractors; to change the date of termination of the Georgia Board of Chiropractic Examiners; to change the date of termination of the Georgia Board of Den tistry; to require the Georgia Board of Dentistry to establish categories of licensure for den tists who specialize in orthodontics and other specialty classes of dentistry; to change the provisions relating to reciprocity involving the Georgia Board of Dentistry; to provide for certain notification to any person who registers a complaint against a dentist; to change the composition of the State Board of Hearing Aid Dealers and Dispensers; to change the date of termination of the Georgia Board of Nursing; to provide for reciprocity involving the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certain notification to any person who registers a complaint against a licensed practical nurse; to change the date of termination of the Georgia Board of Examiners of Licensed Practical Nurses; to require the State Board of Examiners in Optometry to administer examinations not less than twice annually; to provide for certain notification to any person who registers a com plaint against an optometrist; to require the State Board of Examiners in Optometry to establish comity agreements with certain other states; to change the date of termination of the State Board of Examiners in Optometry; to change the definition of the term "physical therapy"; to change the authority of the State Board of Physical Therapy to refuse to grant or restore a license to an applicant or to discipline a physical therapist assistant; to provide for a code of ethics and standards of practice for physical therapists; to prescribe certain standards of care and skill for persons practicing physical therapy; to provide for liability for failure to exercise certain care and skill involving the practice of physical therapy; to change the date of termination of the State Board of Physical Therapy; to change the date of termination of the Composite State Board of Medical Examiners; to change the composi tion of the Composite State Board of Medical Examiners; to delete certain provisions relat ing to denial of voting privileges of the members on the Composite State Board of Medical Examiners who are not practicing physicians; to provide for the compensation, allowances, and expenses of the Physician's Assistants Advisory Committee; to delete certain provisions relating to a physician's assistant serving in an advisory capacity to the Composite State Board of Medical Examiners; to authorize a physician's assistant to perform services in a Health Manpower Shortage Area or an area eligible for designation as a Health Manpower Shortage Area under certain conditions; to delete certain provisions relating to termination of approval and revocation of certificate of a physician's assistant; to provide for a procedure for the review of impaired physicians and for periodic reports concerning impaired physi cians; to require the Composite State Board of Medical Examiners to designate specialty fields of medicine which require special education or training for practitioners to provide competent medical service to the general public; to require a practitioner to have certain residency or education qualifications in order to practice in a particular specialty field of medicine; to provide for verification of qualifications of medical practitioners who intend to

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practice in a specialty field of medicine; to authorize certain medical practitioners to prac tice in a specialty field of medicine; to prohibit certain persons licensed to practice medicine from practicing in a specialty field of medicine; to change the provisions relating to the authority of the Composite State Board of Medical Examiners to refuse a license to or disci pline a physician; to provide for continuing education for medical practitioners and biennial renewal of licenses to practice medicine; to provide for certain notification to any person who registers a complaint against a medical practitioner; to provide for review of the prac tice of a medical practitioner where a medical practitioner has been the subject of a success ful malpractice claim or where the medical practitioner has settled a malpractice claim; to repeal the"Respiratory Care Practices Act"; to change the definition of the term "podiatry"; to provide for continuing education for podiatrists; to change the provisions relating to reci procity involving the State Board of Podiatry; to provide for certain notification to any person who registers a complaint against a podiatrist; to change the date of termination of the State Board of Podiatry Examiners; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking in its entirety paragraph (10) of Code Section 26-4-37, relating to powers and duties of the State Board of Pharmacy, and in serting in lieu thereof a new paragraph (10) to read as follows:
"(10) Adopt rules of professional conduct for pharmacists but not including rules relat ing to price determination. The rules adopted pursuant to this paragraph shall be appropri ate to the establishment and maintenance of a high standard of integrity and dignity in the profession. The board shall not adopt or enforce any rule regarding the advertising of drug prices, and any existing such rule is null and void except that the board may adopt and enforce any rule which prohibits advertising of drug prices when that advertising is false, deceptive, or misleading and any existing such rule is not null or void; and".
Section 2. Said chapter is further amended by striking in its entirety Code Section 26-441, which provides for the termination of the State Board of Pharmacy, and inserting in lieu thereof a new Code Section 26-4-41 to read as follows:
"26-4-41. For the purposes of Chapter 2 of Title 43, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Pharmacy shall be terminated on July 1, 1990, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 3. Said chapter is further amended by adding at the end of Code Section 26-485, relating to prohibited acts in connection with the practice of pharmacy, a new subsection (e) to read as follows:
"(e) No person other than a pharmacist licensed under this part or a veterinarian li censed under Chapter 50 of Title 43 shall be authorized to dispense prescription medication for remuneration, other than administered doses and medication mixed by the practitioner."
Section 4. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety paragraph (2) of Code Section 43-9-1, relating to definitions under Chapter 9 of Title 43 concerning the practice of chiropractic, which reads as follows:
"(2) 'Chiropractic' means the adjustment of the articulation of the human body, includ ing ilium, sacrum, and coccyx, and the use of electric x-ray photography, provided that the x-ray shall not be used for therapeutical purposes. The term 'chiropractic' shall also mean that separate and distinct branch of the healing arts whose science and art utilize the inher ent recuperative powers of the body and the relationship between the musculoskeletal struc tures and functions of the body, particularly of the spinal column and the nervous system, in the restoration and maintenance of health. Chiropractic is a learned profession which teaches that the relationship between structure and function in the human body is a signifi-

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cant health factor and that such relationships between the spinal column and the nervous system are most significant, since the normal transmission and expression of nerve energy are essential to the restoration and maintenance of health. However, the term 'chiropractic' shall not include the use of drugs or surgery.",
and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Chiropractic' means the science which concerns itself with the relationship be tween structure, primarily the spine, and function, primarily coordinated by the nervous system, of the human body as the relationship may affect the restoration and preservation of health. 'Chiropractic' also means that learned profession which is a separate and distinct branch of the healing arts whose science and art utilize the inherent recuperative powers of the body and the relationship between the musculoskeletal structures and the functions of the body. It also means the detection of structural disrelationships, primarily spinal subluxations, and the adjustment of the articulations of the human body, primarily of the spine."
Section 5. Said title is further amended by striking in their entirety paragraphs (5) and (6) of Code Section 43-9-6.1, relating to authorization of actions by the Georgia Board of Chiropractic Examiners, and inserting in lieu thereof new paragraphs (5), (6), and (7) to read as follows:
"(5) Conduct hearings upon charges calling for the discipline of a licensee or on viola tions of this chapter;
(6) Issue to chiropractors, licensed under this chapter, certificates under the seal of the board evidencing such licensure and signed, either by hand or facsimile signature, by the president of the board and the joint-secretary; and
(7) Conduct a program to identify persons practicing chiropractic without a license."
Section 6. Said title is further amended by striking in its entirety Code Section 43-9-9, relating to reciprocity involving the Georgia Board of Chiropractic Examiners, and inserting in lieu thereof a new Code Section 43-9-9 to read as follows:
"43-9-9. Persons licensed to practice chiropractic under the laws of any other state hav ing requirements equal to or greater than those of this chapter shall be issued a license to practice chiropractic in this state without written examination upon the payment of a fee in an amount established by the board if such states extend the same reciprocal privilege to persons licensed to practice chiropractic in this state."
Section 7. Said title is further amended by striking in its entirety Code Section 43-910.1, relating to the requirement that chiropractors display their licenses, and inserting in lieu thereof a new Code Section 43-9-10.1 to read as follows:
"43-9-10.1. Every person licensed under this chapter shall:
(1) Display such license in a conspicuous place in such person's principal place of business;
(2) Notify the board of any change of business or residence address;
(3) Post with the board and in the practitioner's office an itemized list of fees and costs for services provided patients."
Section 8. Said title is further amended by striking in its entirety Code Section 43-9-11, relating to the biennial renewal of licenses of chiropractors, and inserting in lieu thereof a new Code Section 43-9-11 to read as follows:
"43-9-11. Every person who receives or has received a license to practice chiropractic from the board shall pay the board on or before the renewal date a fee in an amount estab lished by the board, payment of which shall renew his license to practice chiropractic for the ensuing two years, provided that the board has satisfactory evidence that the applicant for renewal has completed within the immediately preceding two years a minimum of 50 hours of continuing education as approved by the board. All chiropractic colleges teaching an ap proved course of instruction shall be classified as approved."

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Section 9. Said title is further amended by striking in its entirety Code Section 43-9-16, relating to scope of practice of chiropractors, and inserting in lieu thereof a new Code Sec tion 43-9-16 to read as follows:
"43-9-16. (a) Chiropractors who have complied with this chapter shall have the right to practice chiropractic and to adjust patients by hand or mechanical devices according to spe cific chiropractic methods and may use ancillary procedures under the conditions set forth in Code Section 43-9-16.1. Chiropractors shall observe public health regulations.
(b) Chiropractors who have complied with this chapter may utilize analytical and diag nostic examination procedures and instruments including the right to receive services from licensed clinical laboratories for the purpose of determining the need for chiropractic care or to monitor the clinical responses of the patient. The examination may include the use of xray, provided that the x-ray shall not be used for therapeutic purposes.
(c) Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health officers the same as other practitioners.
(d) Chiropractors shall not prescribe or administer medicine to patients, perform sur gery, or practice obstetrics or osteopathy, nor use procedures which puncture the skin, such as venipuncture, capillary puncture, or acupuncture, and shall not use the procedures of colon lavage, barium enema, or colonic irrigation.
(e) A licensed practitioner of chiropractic may use only the title 'chiropractor,' or 'doc tor of chiropractic,' or 'D.C.' "
Section 10. Said title is further amended by adding between Code Sections 43-9-16 and 43-9-17 a new Code Section 43-9-16.1 to read as follows:
"43-9-16.1. (a) Chiropractors who have complied with this chapter may utilize electrical or mechanical devices which produce traction or vibration as an ancillary procedure.
(b) Chiropractors who have complied with this chapter may utilize therapeutic ultra sound, galvanism, diathermy, or electrical muscle stimulation as an ancillary procedure, pro vided the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures in accordance with the guidelines set forth by the Council on Chiropractic Education, or its successor, and is quali fied and so certified in that proper utilization.
(c) Chiropractors who have complied with this chapter may utilize heat, cold, light, exercise, structural supports, or nutritional substances for the restoration and maintenance of a person's health regimen as an ancillary procedure in the rehabilitation of the patient."
Section 11. Said title is further amended by adding between Code Sections 43-9-17 and 43-9-18 a new Code Section 43-9-17.1 to read as follows:
"43-9-17.1. A person who practices or offers to practice chiropractic for compensation must bring to the exercise of that person's profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had."
Section 12. Said title is further amended by striking in its entirety Code Section 43-920, providing for the termination of the Georgia Board of Chiropractic Examiners, and in serting in lieu thereof a new Code Section 43-9-20 to read as follows:
"43-9-20. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Chiropractic Examiners shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 13. Said title is further amended by striking in its entirety Code Section 43-11-

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23, providing for the termination of the Georgia Board of Dentistry, and inserting in lieu thereof a new Code Section 43-11-23 to read as follows:
"43-11-23. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Dentistry shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 14. Said title is further amended by adding at the end of Code Section 43-11-40, relating to qualification of applicants for a license to practice dentistry, a new subsection (d) to read as follows:
"(d) The board shall within two years from the effective date of this subsection estab lish categories of licensure for dentists who specialize in orthodontics and other specialty classes of dentistry."
Section 15. Said title is further amended by striking in its entirety subsection (d) of Code Section 43-11-42, relating to reciprocity involving the Georgia Board of Dentistry, which reads as follows:
"(d) The board may also, in its discretion, enter into an agreement with any similar board of any other state to the effect that each party to such agreement, under the condi tions therein stipulated, will grant licenses to practicing dentists on the basis of a license having been granted by the other party to the agreement.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Persons licensed to practice dentistry under the laws of any other state having requirements equal to or greater than those of this chapter shall be issued a license to prac tice dentistry in this state without written examination upon the payment of a fee in an amount established by the board if such states extend the same reciprocal privilege to per sons licensed to practice dentistry in this state."
Section 16. Said title is further amended by striking in its entirety subsection (b) of Code Section 43-20-4, relating to the creation and composition of the State Board of Hear ing Aid Dealers and Dispensers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Members of the board shall be residents of the state. The board shall consist of seven members, three of whom shall possess the qualifications specified in this chapter for holders of dispensers' licenses and not hold a license from any other licensing board in this state and shall have no less than three years' experience as a hearing aid dispenser; one of whom shall be a diplomate or eligible for certification by the American Board of Otolaryngology and licensed to practice medicine in this state; two of whom shall be audiologists licensed by this state who also hold a dispenser's license as provided in this chapter; and one of whom shall be appointed from the public at large."
Section 17. Said title is further amended by adding at the end of paragraph (6) of sub section (a) of Code Section 43-26-4, relating to general powers of the Georgia Board of Nurs ing, a new subparagraph (C) to read as follows:
"(C) The board shall notify any person registering a complaint with the board that said complaint was received by the board and that the board shall notify the complainant of the disposition of the complaint."
Section 18. Said title is further amended by striking in its entirety Code Section 43-2613, providing for the termination of the Georgia Board of Nursing, and inserting in lieu thereof a new Code Section 43-26-13 to read as follows:
"43-26-13. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Nursing shall be terminated on July 1, 1990, and this article and any other laws

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relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 19. Said title is further amended by striking in its entirety Code Section 43-2634, relating to waiver of examination for persons licensed or registered by another state or territory to practice practical nursing, which reads as follows:
"43-26-34. Any other provision of this article to the contrary notwithstanding, the board, in its discretion, may issue a license to practice as a licensed practical nurse, without examination, to any person who has been duly licensed or registered as a practical nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if, in the opinion of the board, the person is qualified to be a licensed practical nurse in this state and meets the requirements for licensure of Georgia licensed practical nurses in existence at the time of application and if such person makes application for a license by endorsement through the joint-secretary. The ap proval or denial of a license by endorsement under this Code section shall be in the sole discretion of the board; and a denial thereof shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but the applicant shall be allowed to appear before the board if he so desires. Nothing in this Code section shall be construed to prevent an applicant who is denied a license by endorsement from taking the examination for licensure, provided that such applicant is oth erwise eligible to take the examination and has met the requirements therefor.",
and inserting in lieu thereof a new Code Section 43-26-34 to read as follows:
"43-26-34. Persons licensed to practice as a licensed practical nurse or to perform simi lar service under a different designation under the laws of any other state having require ments equal to or greater than those of this chapter shall be issued a license to practice as a licensed practical nurse in this state without written examination upon the payment of a fee in an amount established by the board if such states extend the same reciprocal privilege to persons licensed to practice as a licensed practical nurse in this state."
Section 20. Said title is further amended by adding at the end of Code Section 43-26-36, relating to denial or sanction of licenses for practical nursing, a new subsection (j) to read as follows:
"(j) The board shall notify any person registering a complaint with the board that said complaint was received by the board and that the board shall notify the complainant of the disposition of the complaint."
Section 21. Said title is further amended by striking in its entirety Code Section 43-2639, providing for the termination of the Georgia Board of Examiners of Licensed Practical Nurses, and inserting in lieu thereof a new Code Section 43-26-39 to read as follows:
"43-26-39. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Examiners of Licensed Practical Nurses shall be terminated on July 1, 1990, and this article and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 22. Said title is further amended by striking in its entirety Code Section 43-307, relating to the certification requirements applicable to optometrists, and inserting in lieu thereof a new Code Section 43-30-7 to read as follows:
"43-30-7. (a) All persons engaged in the practice of optometry or who wish to begin the practice of optometry shall make application through the joint-secretary to the board to be registered and to obtain a certificate of registration. Such registration and certificates shall be granted to such applicants upon compliance with the conditions contained in subsections (b) and (c) of this Code section.
(b) Persons licensed to practice optometry under the laws of any other state having requirements equal to or greater than those of this chapter shall be issued a license to prac tice optometry in this state without written examination upon the payment of a fee in an

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amount established by the board if such states extend the same comity privilege to persons licensed to practice optometry in this state.
(c) Any other applicant for registration under this chapter shall be required to pass an examination. Such applicant shall be 21 years of age, of good moral character, possessed of a high school education of not less than 16 Carnegie units, or the equivalent thereof to be determined by the board, have completed not less than two years of preoptometry college work in a college of arts and sciences approved by the board, or the equivalent thereof to be determined by the board, and hold a certificate of graduation from an accredited college or university teaching optometry, acceptable to the board, requiring a course of study therein of at least three school years. Applicants who pass the examination shall be given a certifi cate of registration, which certificate, and any other certificate provided for in this Code section, shall operate as a license to practice optometry when it shall have been recorded in the office of the clerk of the superior court of each county in which said person practices. Failure to pass a satisfactory examination shall not debar the applicant from participating in subsequent examinations before the board upon his complying with this chapter and upon payment of a reexamination fee as established by the board.
(d) The board shall administer examinations not less than twice annually."
Section 23. Said title is further amended by adding at the end of Code Section 43-30-9, relating to refusal or revocation of certificates, a new subsection (c) to read as follows:
"(c) The board shall notify any person who registers a complaint with the board that said complaint was received by the board and that the board shall notify the complainant of any disposition of the complaint."
Section 24. Said title is further amended by striking in its entirety Code Section 43-3015, providing for the termination of the State Board of Examiners in Optometry, and in serting in lieu thereof a new Code Section 43-30-15 to read as follows:
"43-30-15. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Examiners in Optometry shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 25. Said title is further amended by striking in its entirety paragraph (7) of Code Section 43-33-3, relating to definitions with respect to the State Board of Physical Therapy and the regulation of physical therapists, which reads as follows:
"(7) 'Physical therapy' means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily mal function and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activ ities, and devices, for preventative and therapeutic purposes; and the provision of consulta tive, educational, and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain.",
and inserting in lieu thereof the following:
"(7) 'Physical therapy' or 'physiotherapy' means the examination of human beings to detect and assess clinical symptoms of bodily injury and disease. It also encompasses the treatment and instruction to prevent, correct, alleviate, and limit physical disability, bodily malfunction, and pain from injury or disease and includes the administration, interpreta tion, and evaluation of tests and measurements of bodily functions and structures; the plan ning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic pur poses; and the provision of consultative, educational, and other advisory services for the purposes of reducing the incidence and severity of physical disability, bodily malfunction,

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and pain. The term 'physical therapy' or 'physiotherapy' does not include diagnosis of dis ease, the use of roentgen rays and radioactive material for diagnosis and therapeutic pur poses, the use of electricity for surgical purposes, the prescription of drugs, the administra tion of drugs orally or by injection, or testing involving blood samples."
Section 26. Said title is further amended by striking in its entirety subsection (a) of Code Section 43-33-18, relating to refusal to grant or restore licenses to practice physical therapy, discipline of licensees, and suspension and revocation of licenses, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board shall have authority to refuse to grant or restore a license to an appli cant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(1) In the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist;
(2) Become unable to practice physical therapy or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition;
(3) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sen tence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute;
(4) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physical ther apy or in any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant, or made a false or deceptive biennial registra tion with the board;
(5) Practiced physical therapy contrary to this Code section or to the rules and regula tions of the board; or knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encour ages any unlicensed person to practice physical therapy;
(6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or prac tice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice;
(7) Failed to report to the board any act or omission of a licensee or applicant which violates the provisions of this subsection;
(8) Divided fees or agreed to divide fees received for professional services with any per son, firm, association, corporation, or other entity for bringing or referring a patient;
(9) Failed to provide ongoing communication with the licensed referring practitioner regarding changes in plans of care, treatment programs, and termination of services when a licensed practitioner referral relationship exists; or
(10) Failed to refer patients to a licensed practitioner of the healing arts if symptoms are present for which physical therapy is contraindicated or which are indicative of condi tions for which treatment is outside the scope of his knowledge when no licensed practi tioner referral relationship exists."
Section 27. Said title is further amended by redesignating Code Sections 43-33-20 and

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43-33-21 as Code Sections 43-33-21 and 43-33-22, respectively, and by adding a new Code Section 43-33-20 to read as follows:
"43-33-20. The Code of Ethics and Standards of Practice for persons holding a license to practice physical therapy in this state shall be the same as the Code of Ethics and Stan dards of Practice adopted by the American Physical Therapy Association until a code of ethics and standards of practice are adopted by the State Board of Physical Therapy at which time the code of ethics and standards of practice adopted by the board shall apply to all persons holding a license to practice physical therapy in this state."
Section 28. Said title is further amended by adding between Code Sections 43-33-20 and 43-33-21 a new Code Section 43-33-20.1 to read as follows:
"43-33-20.1. A person professing to practice physical therapy for compensation must bring to the exercise of that person's profession a reasonable degree of care and skill. Any injury resulting from a failure to exercise such care and skill shall be a tort for which recov ery may be had. If a physical therapist performs upon an individual or group of individuals any act authorized to be performed under this chapter but which act also constitutes a standard procedure of the practice of medicine, under similar circumstances, the physical therapist shall be held to the same standard of care as would licensed doctors of medicine who are qualified to and who actually perform those acts under similar and like conditions."
Section 29. Said title is further amended by striking in its entirety Code Section 43-3322, formerly Code Section 43-33-21, relating to termination of the State Board of Physical Therapy, and inserting in lieu thereof a new Code Section 43-33-22 to read as follows:
"43-33-22. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Physical Therapy shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 30. Said title is further amended by striking in its entirety Code Section 43-342, providing for the termination of the Composite State Board of Medical Examiners, and inserting in lieu thereof a new Code Section 43-34-2 to read as follows:
"43-34-2. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Composite State Board of Medical Examiners shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 31. Said title is further amended by striking in its entirety Code Section 43-3421, relating to the creation of the Composite State Board of Medical Examiners, and in serting in lieu thereof a new Code Section 43-34-21 to read as follows:
"43-34-21. (a) A board is established to be known as the Composite State Board of Medical Examiners. The board shall be composed of 14 members, all of whom shall be citi zens of the United States and residents of this state. All appointments to the board shall be made by the Governor and confirmed by the Senate.
(b) Twelve of the members shall be practicing physicians of integrity and ability and shall be duly licensed to practice in this state. Ten of the 12 physician members shall be graduates of reputable medical schools conferring the M. D. degree; the other two physician members shall be graduates of reputable osteopathic schools conferring the D. 0. degree. All of the physician members shall have been engaged in the active practice of their profession within this state for a period of at least five years. Any vacancy occurring in a post held by a holder of the D. 0. degree shall be filled by a D. 0. from the state at large.
(c) The thirteenth member of the board shall be appointed from the state at large and shall have no connection whatsoever with the practice of medicine.
(d) The fourteenth member of the board shall be a certified physician assistant.

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(e) The board shall perform such duties and possess and exercise such powers relative to the protection of the public health and the control of regulation of the practice of medicine and osteopathy as this chapter prescribes and confers upon it and shall have the power to carry out investigations, either through the joint-secretary or independently.
(f) The board shall appoint a Physician's Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four certified physician's assistants, who shall each serve for terms of office of two years and until their successors are appointed and qualified. The committee shall review matters to come before the board which relate to physician's assistants, including but not limited to applicants for physician's assistant certification and recertification and education requirements therefor, and proposed board regulations concerning physician's assistants. The committee shall peri odically make recommendations to the board regarding matters reviewed. The members of the advisory committee, except for the physicians who are members of the board, shall re ceive no compensation, allowances, or expenses.
(g) The board shall examine applicants to test their qualifications to practice medicine.
(h) When funds are specifically appropriated for such purpose, the board shall publish an informational booklet on breast cancer and the treatment of breast cancer. The booklet shall contain a summary of the latest information on breast cancer and, in brief form, shall discuss the generally accepted and widely prevailing medical and surgical treatments for breast cancer. The booklet shall include a valid assessment of the relative risks and benefits of the accepted and widely prevailing methods of treatment. A copy of the booklet shall be made available by the board to every appropriate physician in the state. A letter by the board shall accompany this booklet stating that the board urges the physician to distribute a copy of the booklet to each and every patient whose suspected disease, or course of treat ment is covered by the material in the booklet. Copies shall also be available to any person upon request at a fee prescribed by the joint-secretary sufficient to cover the cost of printing and distribution. The booklet shall be updated and redistributed at such times as the board shall deem necessary."
Section 32. Said title is further amended by striking in its entirety Code Section 43-3425, relating to the authority of the Composite State Board of Medical Examiners to admin ister oaths, and inserting in lieu thereof a new Code Section 43-34-25 to read as follows:
"43-34-25. The board shall have authority to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties. The board shall also have the authority to establish a procedure to review impaired physicians and to require periodic reports from the supervising physician of an impaired physician."
Section 33. Said title is further amended by adding between Code Sections 43-34-27 and 43-34-28 a new Code Section 43-34-27.1 to read as follows:
"43-34-27.1. (a) The board shall designate specialty fields of medicine which require special education or training for practitioners to provide competent medical services to the general public. A person licensed under this chapter shall be required to have residency training or 500 hours of documented education in a specialty field of medicine in order to be qualified to practice in such specialty field of medicine.
(b) At the time of renewal of licenses to practice medicine in 1989, any licensee who qualifies to practice in a specialty field of medicine shall notify the board of such qualifica tions on forms provided by the joint-secretary. The board may require certain proof to ver ify that a licensee is qualified to practice in a certain specialty field of medicine.
(c) (1) Any person licensed under this chapter who is qualified to practice in a specialty field of medicine and who presents proof satisfactory to the board of such qualifications pursuant to subsection (b) of this Code section shall be authorized to practice in such spe cialty field of medicine on and after January 1, 1990, provided that such licensee is other wise in compliance with the provisions of this chapter.
(2) Except as otherwise provided in paragraph (1) and paragraph (3) of this subsection,

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no person licensed under this chapter shall be permitted to practice in a specialty field of medicine on or after January 1, 1990, unless such licensee satisfies the requirements of sub section (a) of this Code section for the particular specialty field of medicine in which such licensee desires to practice. Upon any licensee's satisfying the requirements of subsection (a) of this Code section for a particular specialty field of medicine, the board shall grant author ity to such licensee to practice in the specialty field of medicine.
(3) A person licensed under this chapter shall be authorized to perform medical proce dures which involve a specialty field of medicine at the scene of an accident or emergency."
Section 34. Said title is further amended by adding between Code Sections 43-34-35 and 43-34-36 a new Code Section 43-34-35.1 to read as follows:
"43-34-35.1. (a) All licenses shall be renewable biennially. The board shall require the holder of a license to have completed within the immediately preceding two years not less than 50 hours of continuing medical education, 40 hours of which shall be in the specialty field in which such license holder practices, as determined by the rules and regulations of the board in order for such license holder to be eligible to have the license renewed.
(b) Continuing medical education courses shall be approved by the board from courses offered by the appropriate specialty field society or courses approved by the American Med ical Association.
(c) The board may waive the requirements of subsection (a) of this Code section for health reasons applicable to a licensee, but no practitioner shall be entitled to more than one waiver."
Section 35. Said title is further amended by striking in their entirety paragraphs (12) and (13) of subsection (a) of Code Section 43-34-37, relating to the authority of the board to refuse a license to or discipline a physician, and inserting in lieu thereof new paragraphs (12), (13), and (14) to read as follows:
"(12) Been adjudged mentally incompetent by a court of competent jurisdiction, within or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect unless the board, upon a finding that the licensee is mentally competent, orders otherwise. Any applicant who has been so ad judged to be mentally incompetent shall not receive a license unless the board, upon a find ing that the applicant is mentally competent, orders otherwise;
(13) Committed a violation of Code Section 43-34-27.1; or
(14) Become unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition.
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a li censee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, includ ing, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine in this state or who shall file an application for a license to practice medicine in this state shall be deemed to have given his consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged com munication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing medicine under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he can resume or begin the practice of medicine with reasonable skill and safety to patients.

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(B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practic ing medicine in this state or who shall file an application to practice medicine in this state shall be deemed to have given his consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitute a privileged communication.
(C) If any licensee or applicant could, in the absence of this paragraph, invoke a privi lege to prevent the disclosure of the results of the examination or the records provided for in subparagraphs (A) and (B) of this paragraph relating to the mental or physical condition of such licensee or applicant, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such infor mation be used against any licensee or applicant in any other type of proceeding."
Section 36. Said title is further amended by adding at the end of Code Section 43-34-37, relating to the authority of the Composite State Board of Medical Examiners to refuse a license to or to discipline a physician, two new subsections (i) and (j) to read as follows:
"(i) The board shall notify any person registering a complaint with the board that said complaint was received by the board and that the board shall notify the complainant of the disposition of the complaint.
(j) The board shall assign any case where a licensee has been the subject of a successful malpractice claim or where the licensee has settled a malpractice claim filed against him to a peer review committee which shall review the past performance of the physician in similar types of medical cases and make recommendations to the board concerning the competency of the physician. A licensee who does not cooperate with the board and make medical records available for review shall not be entitled to have his license renewed until the re quirements of the board are satisfied."
Section 37. Said title is further amended by striking in its entirety subsection (d) of Code Section 43-34-103, relating to applications to utilize persons as physician's assistants, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) (1) A physician's assistant shall be allowed to perform his duties only in the princi pal offices of the applying physicians, which shall be those public or private places or health facilities where the applying physician regularly sees patients, provided that nothing in this article shall preclude a physician's assistant from making house calls and hospital rounds, serving as an ambulance attendant, or performing any functions performed by the applying physician which the physician's assistant is qualified to perform.
(2) A physician's assistant shall be authorized to perform services in a clinic located in an area designated or eligible for designation by the Secretary of Health and Human Ser vices as a 'Health Manpower Shortage Area' pursuant to 42 U.S.C. 254(e). No application for utilization of a physician's assistant in a clinic in such a designated area shall be denied if:
(A) The physician's assistant has a minimum of one year of clinical experience or one year of postgraduate residency training;
(B) Immediate contact and consultation through telecommunications between the phy sician's assistant and his supervising physician is readily available;
(C) Emergency referral and transportation of patients from the clinic to appropriate back-up medical facilities is available; and
(D) On-site availability and review by the responsible supervising physician is provided on a weekly basis."
Section 38. Said title is further amended by striking in its entirety Code Section 43-34-

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107, relating to termination of approval for and revocation of certificate of a physician's assistant, which reads as follows:
"43-34-107. (a) The approval of a physician's utilization of a physician's assistant may be terminated and the certificate revoked by the board when, after due notice and a hearing, in accordance with this Code section, it shall find that the assistant is incompetent or has committed unethical or immoral acts, including, but not limited to, holding himself out or permitting another to represent him as a licensed physician; performing otherwise than at the direction of a physician approved by the board to utilize the assistant's services; habitu ally using intoxicants or drugs to such an extent that he is unable safely to perform as an assistant to the physician; or being convicted in any court, state or federal, of any felony or other criminal offense involving moral turpitude.
(b) Before the board shall give written notice to the physician's assistant of termination of approval granted by it to an assistant, it will give to the assistant a timely and reasonable written notice indicating the general nature of the charges, accusation, or complaint pre ferred against him and stating that the assistant will be given an opportunity to be heard concerning such charges or complaints; and it shall hold a public hearing within a reasona ble time. Following such hearing, the board shall determine, on the basis of its regulations, whether the approval of the assistant shall be terminated.
(c) In hearings held pursuant to this Code section, the board shall apply the rules of Aevcidt.e'"n,ce as prescribed in Chapter 13 of Title 50, the 'Georgia Administrative Procedure
and inserting in lieu thereof the following:
"43-34-107. Reserved."
Section 39. Said title is further amended by striking and repealing in its entirety Article 6 of Chapter 34, known as the "Respiratory Care Practices Act."
Section 40. Said title is further amended by striking in its entirety paragraph (2) of Code Section 43-35-1, relating to definitions under Chapter 35 of Title 43 concerning podia trists, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Podiatry' (chiropody) means performing, for a fee or other compensation received directly or indirectly, any examination, diagnosis, or medical, surgical, mechanical, manipu lative, or electrical treatment of diseases, ailments, injuries, or abnormal conditions of the human foot or leg, except that podiatry shall not include the performing of and a podiatrist shall not perform any surgical procedure under general anesthesia, unless administered by or under the direction of a qualified anesthesiologist licensed to practice medicine under Chapter 34."
Section 41. Said title is further amended by striking in its entirety subsection (b) of Code Section 43-35-5, relating to examination fees and recording licenses in superior court with respect to podiatrists, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All licenses shall be renewable biennially. The board shall require the holder of a license to have completed within the immediately preceding two years not less than 50 hours of continuing medical education as determined by rules and regulations of the board in order for such license holder to be eligible to have the license renewed."
Section 42. Said title is further amended by striking in its entirety Code Section 43-356, relating to reciprocity involving the State Board of Podiatry Examiners, and inserting in lieu thereof a new Code Section 43-35-6 to read as follows:
"43-35-6. Persons licensed to practice podiatry in other states having statutory require ments equal to or greater than those of this chapter shall be issued a license to practice in this state without examination upon the payment to the joint-secretary of a fee in an amount established by the board, for the benefit of the board, if such states extend the same reciprocal privilege to persons licensed to practice podiatry in this state."

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Section 43. Said title is further amended by adding at the end of subsection (g) of Code Section 43-35-7, relating to the denial or sanction of licenses for the practice of podiatry, a new paragraph (5) to read as follows:
"(5) The board shall notify any person registering a complaint with the board that said complaint was received by the board and that the board shall notify the complainant of the disposition of the complaint."
Section 44. Said title is further amended by striking in its entirety Code Section 43-3514, providing for the termination of the State Board of Podiatry Examiners, and inserting in lieu thereof a new Code Section 43-35-14 to read as follows:
"43-35-14. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Podiatry Examiners shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 45. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 46. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th offered the following amendment:
Amend HB 1349 by adding in the title on line 19 of page 1, following the semicolon and preceding the word "to", the following:
"to provide for continuing education for medical practitioners and biennial renewal of licenses to practice medicine;".
By adding between lines 21 and 22 on page 4 the following:
"Section 7A. Said title is further amended by adding between Code Sections 43-34-35 and 43-34-36 a new Code Section 43-34-35.1 to read as follows:
'43-34-35.1. (a) All licenses shall be renewable biennially. The board shall require the holder of a license to have completed within the immediately preceding two years not less than 50 hours of continuing medical education, 40 hours of which shall be in the specialty field in which such license holder practices, as determined by the rules and regulations of the board in order for such license holder to be eligible to have the license renewed.
(b) Continuing medical education courses shall be approved by the board from courses offered by the appropriate specialty field society or courses approved by the American Med ical Association.
(c) The board may waive the requirements of subsection (a) of this Code section for health reasons applicable to a licensee, but no practitioner shall be entitled to more than one waiver.' "

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker
Burton gj English Engram

Garner Harris
Howard Hudgins Johnson Kennedy

Kidd Langford
Peevy Ragan of 10th Scott of 36th Taylor

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Those voting in the negative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun Coleman Coverdell Dawkins Deal Dean Echols

Fincher Foster Gillis Harrison Mine Huggins Land McGill McKenzie Newbill Olmstead Perry

Phillips Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Not voting was Senator Crumbley.

On the adoption of the amendment, the yeas were 19, nays 36, and the amendment was lost.

Senator Kidd of the 25th offered the following amendment:
Amend HB 1349 by adding on line 19 of page 1, following the semicolon and preceding the word "to", the following:
"to change the composition of the State Board of Hearing Aid Dealers and Dispensers;".
By adding below line 33 on page 2 the following:
"Section 3A. Said title is further amended by striking in its entirety subsection (b) of Code Section 43-20-4, relating to the creation and composition of the State Board of Hear ing Aid Dealers and Dispensers, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Members of the board shall be residents of the state. The board shall consist of seven members, three of whom shall possess the qualifications specified in this chapter for holders of dispensers' licenses and not hold a license from any other licensing board in this state and shall have no less than three years' experience as a hearing aid dispenser; one of whom shall be a diplomate or eligible for certification by the American Board of Otolaryngology and licensed to practice medicine in this state; two of whom shall be audiologists licensed by this state who also hold a dispenser's license as provided in this chapter; and one of whom shall be appointed from the public at large.'"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bowen Bryant Burton English

Engram Garner Gillis Hudgins Kennedy

Kidd Langford Ragan of 10th Scott of 2nd Scott of 36th

Those voting in the negative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun

Coleman Coverdell Dawkins Deal Dean Echols

Edge Fincher Foster Harris Harrison Hine

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Howard Huggins Johnson Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 32nd Ray Shumake

Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Not voting were Senators Crumbley and Timmons.

On the adoption of the amendment, the yeas were 15, nays 39, and the amendment was lost.

Senator Kidd of the 25th offered the following amendment:
Amend HB 1349 by adding in the title on line 19 of page 1, following the semicolon and preceding the word "to", the following:
"to authorize a physician's assistant to perform services in a Health Manpower Shortage Area or an area eligible for designation as a Health Manpower Shortage Area under certain conditions;".
By adding between lines 21 and 22 on page 4 the following:
"Section 8. Said title is further amended by striking in its entirety subsection (d) of Code Section 43-34-103, relating to applications to utilize persons as physician's assistants, and inserting in lieu thereof a new subsection (d) to read as follows:
'(d) (1) A physician's assistant shall be allowed to perform his duties only in the princi pal offices of the applying physicians, which shall be those public or private places or health facilities where the applying physician regularly sees patients, provided that nothing in this article shall preclude a physician's assistant from making house calls and hospital rounds, serving as an ambulance attendant, or performing any functions performed by the applying physician which the physician's assistant is qualified to perform.
(2) A physician's assistant shall be authorized to perform services in a clinic located in any county designated or eligible for designation by the Secretary of Health and Human Services as a "Health Manpower Shortage Area" pursuant to 42 U.S.C. 254(e), but only if that entire county is included within an area so designated or eligible for designation as a "Health Manpower Shortage Area." The board shall promulgate rules no later than Septem ber 1, 1988, establishing the qualifications of physician's assistants who may perform ser vices pursuant to this paragraph, regulating applications for the establishment of clinics wherein the services are to be performed, and prescribing requirements for the availability of supervising physicians at those clinics for supervision, consultation, and case review re garding those services.' "
By redesignating Sections 8 through 10 as Sections 9 through 11, respectively.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bowen Bryant Burton Coverdell Dean Echols Edge

English Engram Garner Gillis Harris Hine Howard Hudgins

Johnson Kennedy Kidd Land Langford Perry Ragan of 10th Scott of 36th

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JOURNAL OF THE SENATE

Shumake Tate

Taylor Timmons

Turner

Those voting in the negative were Senators:

Albert AUgood Baldwin

Fincher Foster Harrison

Brannon
Broun Coleman
Dawkins
Deal

McGill
McKenzie Newbill
Olmstead
Peevy

Phillips Ragan of 32nd jjav
gcott Qf 2nd
btarr Stumbaugh Tysinger Walker

Not voting was Senator Crumbley.

On the adoption of the amendment, the yeas were 29, nays 26, and the amendment was adopted.

Senator Kidd of the 25th offered the following amendment:
Amend HB 1349 by adding on line 19 of page 1, preceding the word "to", the following:
"to change the composition of the Composite State Board of Medical Examiners;"
By adding before line 22 on page 4 the following:
"Section 7A. Said title is further amended by striking subsections (a) and (c) of Code Section 43-34-21, relating to the creation of the Composite State Board of Medical Examin ers, and inserting in lieu thereof new subsections to read as follows:
'(a) A board is established to be known as the Composite State Board of Medical Exam iners. The board shall be composed of 14 members, all of whom shall be citizens of the United States and residents of this state. All appointments to the board shall be made by the Governor and confirmed by the Senate.
(c) The thirteenth member of the board shall be appointed from the state at large and shall have no connection whatsoever with the practice of medicine. The fourteenth member of the board shall be a certified physician assistant.' "

Senator Kidd of the 25th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn.

Senator Kidd of the 25th offered the following amendment:
Amend HB 1349 by adding in the title on line 19 of page 1, following the semicolon and preceding the word "to", the following:
"to provide for continuing education for podiatrists;".
By adding between lines 21 and 22 on page 4 the following:
"Section 7A. Said title is further amended by striking in its entirety subsection (b) of Code Section 43-35-5, relating to examination fees and recording licenses in superior court with respect to podiatrists, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) All licenses shall be renewable biennially. The board shall require the holder of a license to have completed within the immediately preceding two years not less than 50 hours of continuing medical education as determined by rules and regulations of the board in order for such license holder to be eligible to have the license renewed.' "

FRIDAY, MARCH 4, 1988

2203

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bowen Burton Edge English Engram

Garner Harris Howard Hudgins Johnson Kennedy

Kidd Langford Peevy Ragan of 10th Scott of 36th Taylor

Those voting in the negative were Senators:

Albert Baldwin Barnes Brannon Broun CCoovleemrdaenll
Dawkins Deal Dean Echols Fincher

Foster Gillis Harrison Hine Huggins LMacnGdill
McKenzie Newbill Olmstead Perry Phillips

Ragan of 32nd Ray Scott of 2nd Shumake Starr SQ t. umb, augh,
X ate Timmons Turner Tysinger Walker

Not voting were Senators Barker and Crumbley.

On the adoption of the amendment, the yeas were 19, nays 35, and the amendment was lost.

Senator Kidd of the 25th offered the following amendment: Amend HB 1349 by striking "1994" wherever it appears, and insert "1990".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Bryant
Engram Hine

Hudgins Johnson Kennedy Kidd Langford

Olmstead Peevy Ragan of 10th Scott of 36th Walker

Those voting in the negative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun

Burton Coleman Coverdell Dawkins Dean Echols Edge

Fincher Foster Garner Gillis Harris Harrison Howard

2204

JOURNAL OF THE SENATE

Huggins Land McGill McKenzie Newbill Perry

Phillips Ragan of 32nd Ray Scott of 2nd Shumake Starr

Stumbaugh Tate Taylor Timmons Turner Tysinger

Not voting was Senator Crumbley.

On the adoption of the amendment, the yeas were 16, nays 39, and the amendment was lost.

Senator Mine of the 52nd offered the following amendment:
Amend the substitute to HB 1349 offered by the Senate Committee on Governmental Operations, by striking line 1 through line 29 of page 1 and page 2 through page 37 and inserting in lieu thereof the following:
"To amend Code Section 26-4-37 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Pharmacy, so as to change that board's authority regarding certain rules relating to the advertising of drug prices; to exercise the authority of the General Assembly under Chapter 2 of Title 43 of the Official Code of Georgia Anno tated, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' so as to amend Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the continuation of the Georgia Board of Chiropractic Examiners, the Georgia Board of Dentistry, the Georgia Board of Nursing, the Georgia Board of Examiners of Licensed Practical Nurses, the State Board of Examiners in Optometry, the Composite State Board of Medical Examiners, and the State Board of Podiatry Examiners, but provide for the later termination of those boards and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 26-4-37 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Pharmacy, is amended by striking paragraph (10) thereof and inserting in its place a new paragraph to read as follows:
'(10) Adopt rules of professional conduct for pharmacists but not including rules relat ing to price determination. The rules adopted hereunder shall be appropriate to the estab lishment and maintenance of a high standard of integrity and dignity in the profession. The board shall not adopt or enforce any rule regarding the advertising of drug prices, and any existing such rule is null and void except that the board may adopt and enforce any rule which prohibits advertising of drug prices when that advertising is false, deceptive, or mis leading and any existing such rule is not null or void; and'.
Section 2. Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
'26-4-41. For the purposes of Chapter 2 of Title 43, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," the State Board of Pharmacy shall be terminated on July 1, 1994, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'
Section 3. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Code Section 43-9-20, providing for the termination

FRIDAY, MARCH 4, 1988

2205

of the Georgia Board of Chiropractic Examiners, and inserting in its place a new Code sec tion to read as follows:
'43-9-20. For the purposes of Chapter 2 of this title, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," the Georgia Board of Chiropractic Examiners shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'
Section 4. Said title is further amended by striking Code Section 43-11-23, providing for the termination of the Georgia Board of Dentistry, and inserting in its place a new Code section to read as follows:
'43-11-23. For the purposes of Chapter 2 of this title, "The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies," the Georgia Board of Dentistry shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'
Section 5. Said title is further amended by striking Code Section 43-26-13, providing for the termination of the Georgia Board of Nursing, and inserting in its place a new Code section to read as follows:
'43-26-13. For the purposes of Chapter 2 of this title, "The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies," the Georgia Board of Nursing shall be terminated on July 1, 1994, and this article and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'
Section 6. Said title is further amended by striking Code Section 43-26-39, providing for the termination of the Georgia Board of Examiners of Licensed Practical Nurses, and in serting in its place a new Code section to read as follows:
'43-26-39. For the purposes of Chapter 2 of this title, "The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies," the Georgia Board of Examiners of Licensed Practical Nurses shall be terminated on July 1, 1994, and this article and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'
Section 7. Said title is further amended by striking Code Section 43-30-15, providing for the termination of the State Board of Examiners in Optometry, and inserting in its place a new Code section to read as follows:
'43-30-15. For the purposes of Chapter 2 of this title, "The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies," the State Board of Examiners in Optometry shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'
Section 8. Said title is further amended by striking Code Section 43-34-2, providing for the termination of the Composite State Board of Medical Examiners, and inserting in its place a new Code section to read as follows:
'43-34-2. For the purposes of Chapter 2 of this title, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," the Composite State Board of Medical Examiners shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'
Section 9. Said title is further amended by striking Code Section 43-35-14, providing for the termination of the State Board of Podiatry Examiners, and inserting in its place a new Code section to read as follows:
'43-35-14. For the purposes of Chapter 2 of this title, "The Act Providing for the Re-

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JOURNAL OF THE SENATE

view, Continuation, Reestablishment, or Termination of Regulatory Agencies," the State Board of Podiatry Examiners shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed."

Senator Hine of the 52nd asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 1, nays 47, and the substitute was lost.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kennedy Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Kidd.

Not voting was Senator Crumbley.

On the passage of the bill, the yeas were 54, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1281. By Representatives Hooks of the 116th, Richardson of the 52nd, Childers of the 15th and others:
A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, includ ing Human Immunodeficiency Virus (HIV).

FRIDAY, MARCH 4, 1988

2207

Senator Howard of the 42nd moved that the Senate adhere to the Senate substitute to HB 1281 and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1281.
Senator Hine of the 52nd moved that the Senate conferees be instructed to adhere to the Senate position on Section 6 of HB 1281.
On the motion offered by Senator Hine of the 52nd, the yeas were 9, nays 38; the mo tion was lost, and the Senate conferees were not instructed.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hine of the 52nd, Howard of the 42nd and Barnes of the 33rd.
The Senate Rules Committee met at 7:30 o'clock P.M. and submitted the following Supplemental Calendar:
SUPPLEMENTAL RULES CALENDAR
Friday, March 4, 1988 THIRTY-NINTH LEGISLATIVE DAY
HB 1333 Traffic Courts, Certain Cities--change jurisdiction (Judy--42nd) HB 1483 Medical Education Board---employ executive director (Gov Op--25th) HB 1292 Subpoenas--enforced by attachment for contempt (Substitute) (Judy--49th) HB 1872 Population Bill--change definition of term (Amendment) (U&CA G--8th) HB 1235 State Courts Reviewing Magistrate Court Decisions--appeals from decisions
(Judy--49th) HB 1731 Reports of Supreme, Appeals Courts Decisions--redefine report (Judy--29th) HB 1694 Deer--Department of Natural Resources report number killed annually to Gen
eral Assembly (Nat R--21st) HB 1529 Capital Felony Prosecution Expenses Reimbursement--counties (Judy--llth) HB 1228 University System Employees--deduction of charitable contributions
(H Ed--54th) HB 1438 Appeal from Workers' Compensation Decision--change reference (Substitute)
(I&L--45th) Respectfully submitted,
/a/ Dean of the 31st, Chairman Senate Rules Committee
The following general bill of the House, having been read the third time on March 1 and postponed until March 3, and on March 3 postponed until March 4, and placed on the Supplemental Senate Rules Calendar for today, was put upon its passage:
HB 1333. By Representative McKinney of the 35th: A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, so as to change the jurisdiction

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JOURNAL OF THE SENATE

of said court; to provide for the method by which salaries of the judges of such courts are set.
Senate Sponsors: Senators Stumbaugh of the 55th and Howard of the 42nd.

Senator Stumbaugh of the 55th offered the following amendment: Amend HB 1333 by striking the words "not" and "less than" on page 2, line 16.

On the adoption of the amendment, the yeas were 6, nays 42, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harris Hine Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Albert Crumbley Garner

Harrison Hudgins

McGill Newbill

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of reconsidering the House substitute thereto, which was taken up previously today, disagreed to and reconsidered:

SB 458. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide, free of charge, special license plates for for mer members of the Georgia National Guard with 20 or more years' service in the National Guard; to provide procedures; to provide for form of license plate.

FRIDAY, MARCH 4, 1988

2209

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 458.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Dawkins Deal Dean Echols English Engram

Fincher Foster Garner Gillis Harris Hine Howard Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barker

Edge

Peevy

Those not voting were Senators:

Albert Crumbley

Harrison Hudgins

Johnson

On the motion, the yeas were 48, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 458.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1483. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Code Section 20-3-511 of the Official Code of Georgia Annotated, providing for the secretary of the State Medical Education Board, so as to abol ish the office of secretary of that board to employ instead an executive director and to provide for the duties, responsibilities, and compensation of the executive director.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker

Barnes Bowen Brannon

Broun Bryant Coleman

2210

JOURNAL OF THE SENATE

Dawkins Deal Dean E<=hols
Foster Garner Gillis Harris Hine

Howard Huggins Johnson McGill
McKenzie Newbill
Olmstead Peeyy Perry Phillips Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Scott of 36th
Shumake Stumbaugh
Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Engram.

Those not voting were Senators:

Albert Burton Coverdell Crumbley

Harrison Hudgins Kennedy Kidd

Land Langford Starr Tate

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1292. By Representative Prichard of the 8th:
A bill to amend Code Section 24-10-25 of the Official Code of Georgia Annotated, relating to enforcement of subpoenas, so as to provide that subpoenas may be enforced by attachment for contempt as provided in paragraph (5) of Code Sec tion 15-6-8.
Senate Sponsors: Senators Turner of the 8th and Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 1292:

A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to provide that subpoenas may be enforced by attachment for contempt as provided in paragraph (5) of Code Section 15-6-8; to change the provisions relating to witness fees for certain law enforcement officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, is amended by striking subsection (a) of Code Section 24-10-25, relating to enforcement of subpoenas, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Subpoenas may be enforced by attachment for contempt as provided in paragraph (5) of Code Section 15-6-8. In all cases under this Code section, the court shall consider whether under the circumstances of each case the subpoena was served within a reasonable time, but in any event not less than 24 hours prior to the time that appearance thereunder was required."
Section 2. Said part is further amended by striking Code Section 24-10-27, relating to

FRIDAY, MARCH 4, 1988

2211

witness fees for certain law enforcement officers, and inserting in lieu thereof a new Code Section 24-10-27 to read as follows:
"24-10-27. (a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. How ever, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day.
(b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 who shall be required by writ of sub poena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required. The claimant shall verify this state ment. The dates of attendance shall be certified by the party obtaining the subpoena. The amount due shall be paid by the party obtaining the subpoena.
(2) Any law enforcement officer covered by paragraph (1) of this subsection who is re quired by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the law enforcement duties of such officer, shall be compensated as provided in Code Section 24-10-24.
(c) The fees specified by subsections (a) and (b) of this Code section shall not be paid if the law enforcement officer receives any overtime pay for time spent attending such court pursuant to the writ of subpoena."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Turner of the 8th offered the following amendment:
Amend the substitute to HB 1292 offered by the Senate Committee on Judiciary by adding on page 4, line 23, after the word "any" the words "regular or" and inserting after the word "pay" the words "or compensatory time off'.
On the adoption of the amendment, the yeas were 2, nays 40, and the amendment was lost.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Hine Howard Huggins Johnson Kennedy Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Crumbley Fincher

Harrison Hudgins

Kidd

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the House, having been read the third time on March 3 and committed to the Senate Committee on Urban and County Affairs (General), and favor ably reported by the committee, was put upon its passage:

HB 1872. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of popula tion bills.
Senate Sponsor: Senator Turner of the 8th.

The Senate Committee on Urban and County Affairs offered the following amendment to HB 1872:
Amend HB 1872 by striking on lines 17 and 33 of page 2 the following: "two",

and inserting in lieu thereof the following: "three".

FRIDAY, MARCH 4, 1988

2213

By striking lines 23 through 30 of page 2 which read as follows:
"(3) A bill classifying political subdivisions having more than a specified population and affecting two or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect the legality of any bills classifying political subdivisions having more than a specified population enacted prior to July 1, 1988, or which become effective July 1, 1988;",
and inserting in lieu thereof the following:
"(3) A bill classifying political subdivisions having more than a specified population and affecting three or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect:
(A) The legality of any bills classifying political subdivisions having more than a speci fied population enacted prior to July 1, 1988, or which become effective July 1, 1988; or
(B) The passage or legality of any bills amending bills referred to in subparagraph (A) of this paragraph;".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1872 by adding on line 6 of page 1 between the word and semicolon "mat ters;" and the word "to" the following: "to provide an effective date;". By redesignating Section 2 as Section 3 and inserting a new Section 2 to read as follows: "Section 2. This Act shall become effective January 1, 1989."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bowen
^rannon gjTMt Burton Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster
Garner Gillis Harris
Hine Howard Huggins Johnson Kennedy Land Langford McGill McKenzie Olmstead

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

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JOURNAL OP THE SENATE

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Crumbley

Harrison

Kidd

Fincher

Hudgins

Tate

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1235. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and others:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to applications for appeals for discretionary appeals, so as to make ap peals from decisions of the state courts reviewing decisions of magistrate courts.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Hine Howard Huggins Johnson Kennedy Land McGill McKenzie Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun
Bryant
Crumbley Fincher

Harrison
Hudgins
Kidd Langford

Newbill Starr Stumbaugh

On the passage of the bill, the yeas were 45, nays 0.

FRIDAY, MARCH 4, 1988

2215

The bill, having received the requisite constitutional majority, was passed.

HB 1731. By Representative Groover of the 99th:
A bill to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to change the definition of the term "reports" as it applies to official reports of the decisions of the Supreme Court or the Court of Appeals.
Senate Sponsor: Senator Baldwin of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Hine Howard Huggins Kennedy Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Broun Bryant Crumbley Fincher

Harrison Hudgins Johnson Kidd

Peevy Stumbaugh Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1694. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to provide that the Department of Natu ral Resources shall report annually to the General Assembly the number of deer killed in a season.
Senate Sponsor: Senator English of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Hine Howard Huggins Johnson Kennedy Land Langford McGill McKenzie Newbill

Those not voting were Senators:

Broun Bryant Crumbley Fincher

Harris Harrison Hudgins Kidd

Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger
Peevy Stumbaugh Walker

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1529. By Representatives Cox of the 141st and Long of the 142nd: A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement of counties for expenses of capital felony prosecutions, so as to change the definition of the term "county revenue"; to change the provisions relating to the basis for reimbursement of counties for cap ital felony expenses.
Senate Sponsor: Senator Timmons of the llth.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coleman Coverdell Dawkins Deal Dean

Echols Edge English Engram Foster Garner Gillis Harris Howard Johnson Kennedy Land Langford

McGill McKenzie Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr

FRIDAY, MARCH 4, 1988

2217

Stumbaugh Tate

Taylor Timmons

Those not voting were Senators:

Turner Tysinger

Barker Broun Crumbley Fincher

Harrison Hine Hudgins Huggins

Kidd Peevy Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1228. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that institutions of the university system may deduct from salaries or wages of their employees contributions or dues to certain charitable associations.
Senate Sponsor: Senator Fincher of the 54th.

Senator Barnes of the 33rd offered the following amendment:
Amend HB 1228 by adding on line 23 of page 1, between the word "association" and the word "whose", the following:
"qualified as an organization exempt under Section 501(c)(3) of the United States In ternal Revenue Code of 1986".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Howard Johnson Kennedy Land Langford McGill McKenzie Newbill Olmstead

Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

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Those not voting were Senators:

Barker Broun Crumbley Fincher

Harrison Mine Hudgins Huggins

Kidd Peevy Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1438. By Representatives Thomas of the 69th, Robinson of the 96th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to change a reference to appeals from decisions of the State Board of Workers' Compensation.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following substitute to HB 1438:

A BILL
To be entitled an Act to amend Part 2 of Article 3 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensation, so as to provide that an appeal taken from a decision of the State Board of Workers' Compensation to a superior court shall be heard by such court within 60 days from the date the appeal is filed or the decision of the board shall be consid ered affirmed by the court; to provide an exception; to provide for editorial changes; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 3 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensa tion, is amended by striking Code Section 34-9-105, relating to the procedure for appeal from a decision of the board, in its entirety and inserting in its place a new Code Section 349-105 to read as follows:
"34-9-105. (a) Any award of the administrative law judge provided for in Code Section 34-9-102 for which no timely application for a review has been filed or any award of the members of the board upon such review as provided in Code Section 34-9-103 shall, in ei ther event, as the case may be, and subject to the other provisions of this chapter, be a final award and shall be conclusive and binding as to all questions of fact.
(b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held, in the manner and upon the grounds provided in this Code section. Any party conceiving himself aggrieved may file an application in writing with the board asking for an appeal from any final decision of the board and stating generally the grounds upon which such appeal is sought. In the event of an appeal, the board shall, within 30 days of the filing, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case is appealable, as provided in this subsection. The case so appealed may then be brought by either party upon ten days' written notice to the other, before the superior court for a hearing upon such record, upon assignment of the case for

FRIDAY, MARCH 4, 1988

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hearing by the court. Such court shall set a date for a hearing and hear the case within 60 days from the date the appeal is filed and shall render a decision thereon within ten days thereafter. If such decision is not rendered within the above time limit set forth, the deci sion of the board shall be considered affirmed.
(c) The findings made by the members within their powers shall, in the absence of fraud, be conclusive; but upon such hearing the court shall set aside the decision if it is found that:
(1) The members acted without or in excess of their powers;
(2) The decision was procured by fraud;
(3) The facts found by the members do not support the decision;
(4) There is not sufficient competent evidence in the record to warrant the members making the decision; or
(5) The decision is contrary to law.
(d) No decision of the board shall be set aside by the court upon any grounds other than one or more of the grounds stated above. If not set aside upon one or more of the grounds or, if the hearing is not held and a decision rendered within the time provided in subsection (b) of this Code section, the court shall affirm the decision of the board so ap pealed from. Upon the setting aside of any such decision of the board, the court may recom mit the controversy to the board for further hearing or proceedings in conformity with the judgment and opinion of the court; or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect and all proceedings in relation thereto shall, subject to the other provisions of this chapter, thereafter be the same as though rendered in an action heard and determined by the court.
(e) Any party in interest who is aggrieved by a judgment entered by the superior court upon an appeal from a decision of the board to the superior court may have such judgment reviewed by the Court of Appeals within the time and in the manner provided by law. In case of an appeal from the decision of the board, the appeal shall operate as a supersedeas if the employer has complied with the provisions of this chapter respecting insurance; and no such employer shall be required to make payment of the award involved in the questions made in the case so appealed until such questions at issue therein shall have been fully determined in accordance with this chapter."
Section 2. This Act shall become effective on July 1, 1988, and shall apply to all awards or decisions of the administrative law judges or members of the State Board of Workers' Compensation issued on or after July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen

Brannon Bryant Burton Coleman Coverdell

Dawkins Deal Dean Echols Edge

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English Engram Foster Garner Gillis Harris Huggins Johnson Kennedy Land

Langford McGill McKenzie Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Broun Crumbley Fincher

Harrison Hine Howard Hudgins

Kidd Peevy Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1278. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to change provisions relating to selection of members of such boards; to provide that persons selected to serve as members must be qualified and competent to serve as grand jurors but need not be on the current grand jury list.
Senate Sponsor: Senator Dawkins of the 45th.

The following Fiscal Note was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

MEMORANDUM

TO:

The Honorable Tom Crosby, Jr.

State Representative

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 4, 1988

SUBJECT: Fiscal Note -- House Bill 1278 (LC 14 4926) Boards of Equalization -- Selection of Membership

This Bill would provide that a county grand jury may select persons deemed qualified (in the judgment of the appointing grand jury) to serve as members of the county board of equalization from sources other than the current grand jury list (as is required under ex isting provisions). This Bill also eliminates provisions relating to the use of electronic or mechanical means (used to select grand jurors) to select members for the board of equaliza tion. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.

This Bill would have no fiscal impact on state or county funds. The Bill would increase

FRIDAY, MARCH 4, 1988

2221

the pool of qualified individuals who would be eligible to serve as members or alternate members of County Boards' of Equalization.

/si G. W. Hogan State Auditor

Is/ C. T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
Burton Coleman Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Garner gillis
SHugWgam- s Johnson Kennedy
Land McGill McKenzie Newbill Perry

Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd
S,, cott of 36th rr
Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Brannon Broun Crumbley Fincher

Harris Harrison Hine Hudgins Kidd

Langford Olmstead Peevy Shumake Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 706 through 712, who have registered in the Docket of Legislative Appearance as of March 4, 1988, 3:00 p.m., in accordance with Georgia Law 1970, pp. 695 as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 4th day of March, in the year of our Lord

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JOURNAL OF THE SENATE

One Thousand Nine Hundred and Eighty-Eight and of the Independence of the United States of America the Two Hundred and Twelfth.
M Max Cleland Secretary of State
(SEAL)

706 John P. Tucker, Jr. 1800 Peachtree Rd., N.W. #520 Atlanta, Georgia 30309 404/351-0003 Fannin County Board of Commissioners Gilmer County Commissioners Georgia Pro-Life Coalition
707 Ollie McGahee, III P.O. Box 2402 Gainesville, Georgia 30501 404/534-5251 Fraternal Order of Police
708 Don Newhart 8501 Hwy. 85 Riverdale, Georgia 30354 404/748-5350 AMTA

709 Sims Garrett Post Office Drawer 970 Marietta, Georgia 30061 404/422-7520 C. W. Contracting
710 Thomas A. Burroughs 1572 Hardee St., #14-C Atlanta, Georgia 30307 404/881-1807 Concerned Citizens Group
711 Sylvia Cherry 625 Reds Circle Lilburn, Georgia 30247 404/921-5822 National Center for Handicapped Rights, Inc.
712 James L. Cherry 625 Reds Circle Lilburn, Georgia 30247 404/921-5822 National Center for Handicapped Rights, Inc.

Senator Allgood of the 22nd moved that the Senate stand in recess until 12:00 o'clock Midnight and thereafter stand adjourned, pursuant to SR 501, adopted previously, until 10:00 o'clock A.M. on Monday, March 7; the motion prevailed.

At 10:41 o'clock P.M., the President announced that the Senate would stand in recess until 12:00 o'clock Midnight and thereafter stand adjourned, pursuant to SR 501, adopted previously, until 10:00 o'clock A.M. on Monday, March 7.

MONDAY, MARCH 7, 1988

2223

Senate Chamber, Atlanta, Georgia Monday, March 7, 1988 Fortieth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, March 4, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 655. By Senator Langford of the 35th: A bill to amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County so as to provide addi tional powers for the medical examiner of Fulton County; to provide for compel ling the attendance of witnesses and for the production of evidence.
SB 656. By Senator Echols of the 6th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County so as to change the provisions relating to the compensation of the tax commissioner; to change the manner of compensating personnel and employees of the tax commis sioner; to provide for related matters.
SB 681. By Senator Echols of the 6th: A bill to provide that future school superintendents of the Pierce County School District shall be appointed by the board of education rather than elected; to pro vide for all related matters; to provide for a referendum; to provide effective dates.
SB 674. By Senator Foster of the 50th: A bill to provide a $15,000.00 homestead exemption from Lumpkin County School District ad valorem taxes for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemp tion and the procedures relating thereto; to provide for a referendum and effec tive dates.
SB 590. By Senators Peevy of the 48th and Phillips of the 9th: A bill to provide for the collection of additional fees in cases before the Magis trate Court of Gwinnett County as law library fees; to provide for the amount of such fees; to provide for practices and procedures relating to the collection and remittance of such fees; to provide an effective date.

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SB 601. By Senator Baldwin of the 29th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide that group conversion policies and major medical policies may contain a provision relating to insurance with other insurers.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 308. By Representatives Wood of the 9th, Phillips of the 120th, Jackson of the 9th, Barnett of the 10th and Lawson of the 9th:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources relative to the control of water pollution, so as to repeal a provision relating to marine toilets; to amend Article 1 of Chap ter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Geor gia Boat Safety Act", so as to provide for definitions of the terms "discharged", "marine toilet", "sewage", and "sole state waters".
HB 1263. By Representatives Colbert of the 23rd, Jackson of the 9th, Davis of the 45th, Walker of the 115th, Coleman of the 118th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for traffic offenses, so as to provide that the driver of a motor vehicle who leaves the scene of an accident resulting in per sonal injury to or the death of a person shall be guilty of a felony.
HB 1322. By Representatives Mueller of the 126th, Ramsey of the 155th, Alien of the 127th, Goodwin of the 63rd, Gresham of the 21st and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to require verification that the person to whom an alco holic beverage is sold or otherwise furnished is 21 years of age or older.
HB 1422. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-58 of the Official Code of Georgia Annotated, relating to regular monthly meetings of county boards of education, so as to re move the requirements that the meeting be held at the county seat.
HB 1913. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the manage ment and conduct thereof, to change the membership of the authority; to provide for the appointment of additional members and their terms of office.
HB 1431. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, so as to make it a felony if the damage to certain property is greater than $500.00.
HB 1538. By Representatives Pettit of the 19th, Groover of the 99th and Thomas of the 69th:
A bill to amend Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to personalty, so as to authorize the owner of personal prop erty to bring a civil action to recover damages from any person who willfully

MONDAY, MARCH 7, 1988

2225

damages the owner's personal property or who commits a theft involving the owner's personal property.
HB 1451. By Representatives Johnson of the 72nd, Lee of the 72nd, Bailey of the 72nd, Isakson of the 21st and Holcomb of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to provide the amount to be maintained as a minimum balance in the real estate education, research, and recovery fund; to provide the maximum amount of any claim against such fund.
HB 1748. By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of long-term care insurance policies; to provide a statement of legislative purpose.
HB 995. By Representatives Barnett of the 59th, Pittman of the 60th, Wall of the 61st, Bannister of the 62nd, Goodwin of the 63rd and others:
A bill to provide for a Gwinnett County Board of Registrations and Elections.
HB 1102. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Mobley of the 64th, Wall of the 61st and others:
A bill to repeal an Act providing for a board of elections in each county of this state having a population of not less than 66,000 and not more than 73,000 ac cording to the 1970 United States decennial census or any future such census (now not less than 158,000 and not more than 168,000 according to the 1980 United States decennial census or any future such census).
HB 1650. By Representatives Pannell of the 122nd, Robinson of the 96th, Chambless of the 133rd, Lawson of the 9th, Jackson of the 9th and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to provide for the abate ment of nuisances in the unincorporated areas of counties; to provide for the jurisdiction of courts in connection therewith; to change the provisions relating to buildings and structures which are unfit for human habitation or which are health hazards.
HB 1250. By Representatives Porter of the 119th, Thomas of the 69th, Pettit of the 19th, Robinson of the 96th and Lawson of the 9th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to change provisions relating to renunciations of successions to interests in property to clarify the breadth of the description of interests in property that may be renounced and the persons who may renounce them; to provide a definition of the term "interest in property".
HB 1794. By Representatives Johnson of the 123rd, Holcomb of the 72nd, Long of the 142nd, Watts of the 41st and Dover of the llth:
A bill to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to repeal mandatory closed seasons on oysters and clams; to provide for closed seasons.

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JOURNAL OF THE SENATE

The House has agreed to the Senate amendments to the following bills of the House:
HB 1815. By Representatives Barnett of the 59th, Wall of the 61st, Pittman of the 60th, Bannister of the 62nd, Wood of the 9th and others:
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to create a new board of commissioners of Gwinnett County.
HB 1347. By Representatives Bishop of the 94th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, Redding of the 50th and others:
A bill to amend Code Section 12-3-194 of the Official Code of Georgia Annotated, relating to the powers of the Stone Mountain Memorial Association so as to change the locations and type of functions at which alcoholic beverages may be sold at Stone Mountain.
HB 1444. By Representatives Chambless of the 133rd, Thomas of the 69th, Groover of the 99th and Robinson of the 96th:
A bill to amend Code Section 14-2-371 of the Official Code of Georgia Annotated, relating to fees of the Secretary of State for filing documents and issuing certifi cates relating to business corporations, so as to change a fee; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for a state-wide county computerized information network and participation by clerks of superior courts therein.
HB 1489. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide for examinations of any authorized insurer which changes its domicile from Georgia to another state.
HB 1527. By Representatives Pettit of the 19th, Lee of the 72nd and Dunn of the 73rd:
A bill to amend Code Section 33-29-2 of the Official Code of Georgia Annotated, relating to requirements of policies of individual accident and sickness insurance, so as to assure that insurance coverage is provided for adopted children in the same manner as it is provided for other dependents without discrimination for any preexisting conditions.
HB 1554. By Representatives Smyre of the 92nd, Dover of the llth, Kilgore of the 42nd, Benn of the 38th, Lawson of the 9th, Lane of the 27th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, so as to change the length of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
HB 1566. By Representatives Workman of the 51st and Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to provide for the regulation of the investment advisory business; to provide for definitions; to provide for the registration of investment advisers and investment adviser representatives.

MONDAY, MARCH 7, 1988

2227

HB 1657. By Representative Pettit of the 19th: A bill to amend Code Section 36-1-22 of the Official Code of Georgia Annotated, relating to the authority of counties to levy, assess, and collect business and occu pational license taxes and license fees, so as to provide criteria upon which such taxes or fees may be levied, assessed, and collected.
HB 1849. By Representatives Orrock of the 30th, McKinney of the 35th and Martin of the 26th: A bill to create the Atlanta Market for Georgia Farm Products Authority; to provide for a short title.
HB 1413. By Representatives Pinkston of the 100th and Buford of the 103rd: A bill to amend Code Section 50-20-3 of the Official Code of Georgia Annotated, relating to required reports and agreements by nonprofit contractors who engage in business with the state, so as to preclude duplication of audits; to require fi nancial statements to include revenues and expenditures in certain instances; to increase the reporting requirements so that the required audit must be submitted annually rather than biennially.
HB 1415. By Representative Crosby of the 150th: A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.
HB 1743. By Representative Twiggs of the 4th: A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles, so as to provide that all officially marked law enforcement vehicles shall not be required to have a permit for the use of a blue light.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 16. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: A resolution proposing an amendment to the Constitution so as to create a com mission and authorize such commission to renumber, redesignate, and rearrange articles, sections, paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 423. By Senators McGill of the 24th, Echols of the 6th, Gillis of the 20th and others: A resolution regarding tobacco export to South Korea.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
HB 1505. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others: A bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to re-

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JOURNAL OF THE SENATE

tire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead.
HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".
HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.
HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.
HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Lord of the 107th, Edwards of the 112th and others:
A bill to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.
HB 862. By Representative Colbert of the 23rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.
HB 159. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require in surance companies to obtain a certificate of title for certain vehicles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.

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2229

SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1494. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Work man of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics by in surers and rating and advisory organizations generally, so as to require an insurer to report its statistics through a recognized statistical agency or advisory organization.

The House has disagreed to the Senate amendments to the following bills of the House:

HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

HB 1308. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to Georgia National Guard license plates, so as to authorize a distinctive license plate for retired members of the Georgia National Guard.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 908. By Representative Ramsey of the 3rd:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to remove the limit on the maximum amount of intangible recording tax payable; to convert the intangible recording tax to a documentary tax.

The following report of a standing committee was read by the Secretary:

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1220. HB 1637. HB 1663. HB 1795.

Do pass as amended. Do pass. Do pass by substitute. Do pass.

HB 1909. HB 1914. HB 1916. HB 1922.

Do pass. Do pass by substitute. Do pass by substitute. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

2230

JOURNAL OF THE SENATE

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin
Barker Barnes Bwen ^ rannon BnBCroroyleuamnnt,an Crumbley Dawkins Deal Dean Echols Edge

Engram Garner Gillis
Harris Harrison Hudgins Huggins ,,KTK^e-ld_n6udn6ed,y Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray Shumake 0SSc^tt. uarmrbuaughu Tate Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Burton Coverdell English Fincher

Foster Hine Howard

Johnson Scott of 2nd Scott of 36th

Honorable Nathan Dean, Senator of the 31st District, served as chaplain of the day and offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 500. By Senators Peevy of the 48th, Howard of the 42nd, Barnes of the 33rd and Broun of the 46th:
A resolution commending A. Lamar "Buddy" Ouzts.

SR 502. By Senator Barker of the 18th:
A resolution recommending the creation of the Houston County Commission on Children and Youth.

SR 503. By Senator Edge of the 28th: A resolution commending the Griffin High School "Bears" basketball team.

SR 504. By Senators Bryant of the 3rd, Kennedy of the 4th, Echols of the 6th and Perry of the 7th:
A resolution commending the State Defense Force.

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
March 7, 1988
FORTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

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*HB 1220 HB 1637 HB 1795 HB 1909 *HB 1914 *HB 1916
HB 1922

Albert, 23rd Allgood, 22nd Richmond County
Provides that the governing authority of county shall be a Board of Commis sioners consisting of six members, two vice mayor-chairpersons, and mayorchairperson; provides that the Board of Commissioners shall also exercise the rights, powers, and duties of the City of Augusta. (Amendment)
Albert, 23rd Allgood, 22nd City of Augusta Richmond County
Provides that the governing authority of county and city shall be a Board of Commissioners consisting of ten members and a mayor-chairman; provides for a mayor-chairman pro tempore.
Peevy, 48th Phillips, 9th Gwinnett County
Abolishes the office of coroner of county and establishes in its place the office of medical examiner of county; provides for the qualifications, appointment, service, compensation, expenses, functions, powers, rights, and duties of that medical examiner and the office thereof.
Burton, 5th Tysinger, 41st Walker, 43rd Howard, 42nd Stumbaugh, 55th City of Avondale Estates DeKalb County
Provides for the corporate limits of said city.
Echols, 6th Brantley County
Changes provisions relating to membership of the Brantley County Develop ment Authority; changes the provisions relating to the qualifications and ap pointment of the members; provides for other matters relative to the forego ing. (Substitute)
Edge, 28th City of Griffin Spalding County
Provides for the Griffin-Spalding County Anti-Drug Commission, a body cor porate and politic; authorizes and empowers such commission to take such actions and do such things as it shall deem meet and proper to deter and control the unlawful use, consumption, possession, sales, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia. (Substi tute)
Barnes, 33rd Harrison, 37th Newbill, 56th Ragan, 32nd

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JOURNAL OF THE SENATE

City of Marietta Cobb County Changes corporate limits of city.
The amendment to the following bill was put upon its adoption:
*HB 1220:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1220 by striking from line 5 of page 1 the words "charter for" and substitut ing in lieu thereof the words "charter of.
By striking from line 20 of page 1 the words "duties and" and substituting in lieu thereof the following:
"duties, and".
By striking from line 14 of page 3 the number "3" and substituting in lieu thereof the number "4".
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.
The substitutes to the following bills were put upon their adoption:
*HB 1914:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1914:
A BILL
To be entitled an Act to amend an Act creating the Brantley County Development Authority, approved April 10, 1968 (Ga. L. 1968, p. 3488), so as to change the provisions relating to the membership of the authority; to change the provisions relating to the qualifi cations and appointment of members; to provide procedures to declare a vacancy in the position of a member under certain circumstances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Brantley County Development Authority, approved April 10, 1968 (Ga. L. 1968, p. 3488), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. There is created a body corporate and politic to be known as the 'Brantley County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. The authority shall consist of eight members who shall be residents of Brantley County and not less than 21 years of age at the time of ap pointment. In making the nominations and appointments of members of the authority not more than one member should be selected from any one family, partnership, or other busi ness organization. The members shall be selected in the following manner: Immediately af ter the approval of this Act the Board of Commissioners of Brantley County shall appoint eight members of the authority. For the first appointment the county commission shall ap point two persons for one year, two for two years, two for three years, and two for four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. If a member of the authority fails to attend three consecutive meetings of the author ity, it shall be the duty of the remaining members of the authority to notify the Board of

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Commissioners of Brantley County of such fact. The Board of Commissioners of Brantley County shall inquire into the reasons for such absences, and if, in the sole discretion of the board of commissioners, the board determines that such member is unable to perform his or her duties or is unwilling to do so, the board of commissioners may declare that a vacancy exists on the authority. In the event any vacancy occurs the board of county commissioners shall fill, by appointment, such vacancy, for the unexpired term. A member shall be eligible for reappointment. The authority shall elect a chairman, a vice-chairman, and a secretarytreasurer or a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the authority. One county commissioner selected by the county commissioners shall be ex officio member of the authority. The members of this authority shall be entitled to no compensation. However, all members shall be reimbursed for actual expenses incurred in the performance of their duties."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
*HB 1916:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1916:
A BILL
To be entitled an Act to provide for the Griffin-Spalding County Anti-Drug Commis sion, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem meet and proper to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, de livery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commis sion to contract and to acquire, purchase, lease, receive, hold, possess, use, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, political subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the com mission; to provide that no debt or obligation of the City of Griffin or the County of Spalding shall be incurred in the exercise of any of the powers granted by this Act; to provide the term or period of time that such commission shall exist and to provide for the termination or dissolution of such commission; to provide for severability; to repeal conflicting laws; and for other purposes.
WHEREAS, it is desirable and in the public interest that actions be initiated and im plemented to control or deter, with the ultimate objective of eliminating, the unlawful use and possession of dangerous drugs and controlled substances in the City of Griffin and in Spalding County; that educational programs to inform and warn the public of the harmful effects and dangers of such drugs and substances be implemented with due deliberate speed; that appropriate actions be taken to investigate the widespread use and possession of such drugs and substances; that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from soci ety; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act may be cited as the "Griffin-Spalding County Anti-Drug Commission Act."

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Section 2. Anti-Drug Commission. There is hereby created a body corporate and politic, to be known as the "Griffin-Spalding County Anti-Drug Commission," which shall be deemed to be a public corporation and by such name, style, and title, may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity; provided, however, that the commission shall have and enjoy any and all immunities as are now or hereafter granted to it or authorized by the Constitution and laws of this state.

Section 3. Term of existence or duration. The commission shall have the existence hereunder for and during a term of five years, beginning on July 1, 1988, and terminating on June 30, 1993, at which time such commission shall hereby be dissolved and shall thereafter be nonexistent.

Section 4. Composition, (a) The commission shall be composed of 24 members, to fill the 24 respective posts, as follows:

Post

Members

1. The mayor of the City of Griffin;

2. The chairman of the board of commissioners of Spalding County;

3. The mayor of the City of Orchard Hill;

4. The mayor of the City of Sunnyside;

5. The sheriff of Spalding County;

6. The chief of police of the City of Griffin;

7. The superintendent of the Griffin-Spalding County School System;

8. The chairman of the Board of Health of Spalding County;

9. The area director of Mclntosh Trail Mental Health, Mental Retardation, and Sub stance Abuse Services Unit of the Georgia Department of Human Resources;

10. The district attorney of the Griffin Judicial Circuit or any successor judicial circuit that embraces or includes the Superior Court of Spalding County;

11. The chairman of the Board of Midway Recovery Systems in the City of Griffin;

12. The president of the Griffin-Spalding County Medical Association;

13. The president of the Griffin-Spalding County Pharmacy Association;

14. The president of the Griffin Ministerial Association;

15. The president of the Griffin Ministerial Alliance;

16. The president of the Griffin-Spalding County Civic Improvement League;

17. The president of the Coalition of the Griffin-Spalding County Parents & Teachers Association;

18. The Griffin District Post Commander of the Georgia State Patrol;

19. The president of the Griffin-Spalding County Chamber of Commerce;

20. The president of the Student Body of Griffin High School;

21-22. One member shall be appointed to each of these two posts by the governing au thority of the City of Griffin for such term of office as such board may desire during the five-year period of existence of such commission; and

23-24. One member shall be appointed to each of these two posts by the governing au-

MONDAY, MARCH 7, 1988

2235

thority of the County of Spalding for such term of office as such board may de sire during the five-year period of such commission.
(b) Each of the officers in Posts 1 through 20 shall serve as a member of such commis sion only during his or her respective term of office and each shall be succeeded as a mem ber of such commission by his or her respective successor in office during the five-year term of existence of said commission, with the right and privilege of any such officer, should he or she deem it inappropriate for any reason or cause to serve on such commission, to designate a member to serve in his or her place on said commission.
Section 5. Vacancies, (a) Any vacancy in the above designated Post 21 or 22 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing author ity of the City of Griffin.
(b) Any vacancy in the above-designated Post 23 or 24 occurring by the death, resigna tion, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the County of Spalding.
(c) If any of the above-designated offices of members of Posts 1 through 20 should become vacant or be discontinued or become nonexistent for any cause or reason whatever, the Grand Jury of the Superior Court of Spalding County shall appoint a person to fill such vacancy.
Section 6. Officers. Annually, the commission shall elect one of its members to serve as chairman of the commission and another of its members to serve as vice chairman of the commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commission. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings of the com mission and shall serve as its chief executive officer. For and during the absence, disqualifi cation, or disability of the chairman, the vice chairman shall serve as chairman. If the chair man's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office.
Section 7. Meetings. The commission shall hold at least one regular meeting quarterannually at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed as the members of the commission may deem meet and proper. The commission may hold such other regular, spe cial, or additional meetings as it may deem necessary or proper. No notice shall be required to be given for any regular meeting, being any meeting designated to be held regularly by resolution of the members of the commission, such as quarter-annual, bimonthly, monthly, semimonthly, or weekly meetings or other such meetings held at regular periodic intervals. The commission is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and purpose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission pre sent at any meeting may adjourn the meeting from time to time until a quorum can be obtained. Notice of any adjourned meeting need only be given by announcement at the meeting at which the adjournment is taken. All resolutions adopted and all business trans acted by the commission shall require the affirmative vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings and may adopt such rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meetings.

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Section 8. Operating budgets. It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Griffin and the County of Spalding with each such entity contributing an equal amount to the commission for such purpose on or before the first day of July of each of the five years of the existence of the commission and beginning on July 1, 1988. The commission shall make a written request to the City of Griffin and the County of Spalding for operating funds pursuant to an operating budget made by the commission. The first such request for funds shall be submitted to the respective governing authorities of the City of Griffin and the County of Spalding on or before April 15, 1988, and each of the four succeeding annual requests shall be submitted on or before April 1 of each of the next four years. The amount of each such contribution shall be entirely discretionary with the City of Griffin and the County of Spalding. In addition to any such annual contribution, both the City of Griffin and the County of Spalding are hereby authorized to make such additional contributions to the commission as each such entity may deem appropriate, solely within the sound discre tion of such entity making the contribution.
Section 9. Compensation. From funds granted to or acquired by the commission, the members of the commission shall fix and determine the amount of, and the time and man ner of paying, compensation to its members, officers, agents, and employees, all within their sound discretion.
Section 10. Purpose and authorizations. Said commission is created for the purpose of taking all such actions and doing all such things, as it shall deem meet and proper, to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, posses sion, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and said com mission is hereby authorized:
(1) To work and cooperate with, and to seek the cooperation of, the City of Griffin and all other municipalities and the State of Georgia; the County of Spalding and all other coun ties or political subdivisions of the State of Georgia; the State of Georgia, including each of its departments, agencies, entities, or instrumentalities; and the United States of America, including each of its departments, agencies, entities, or instrumentalities; in the furtherance of the purpose of the commission;
(2) To prepare, publish, and disseminate information in support of its purpose;
(3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances;
(4) To expand, use, and disburse its funds and properties, pursuant to its powers and authorizations herein provided, to accomplish the above-stated purpose of the existence of such commission;
(5) To provide programs such as drug prevention programs, drug treatment programs, and such other programs that it may deem meet and proper in the fulfillment of its purpose and objectives; and
(6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it.
Section 11. Additional powers. The commission shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To enter into agreements with the City of Griffin, with the County of Spalding, or with any other political subdivision or municipal corporation of the state in the exercise of its charge;
(4) To receive and accept gifts and grants of money and property from the private or

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2237

public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes;
(5) To make contracts, leases, and conveyances and to execute all instruments necessary or convenient for the purpose of exercising its powers and performing its duties and func tions as herein set out;
(6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the State of Georgia, or any agency or instrumentality thereof; the City of Griffin, the County of Spalding, or any other municipality or political subdivision of the State of Georgia; upon such terms and conditions as such governmental entity, agency, municipality, county, or political subdivision may require or impose;
(7) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders of such promissory notes evidencing such indebtedness;
(8) To exercise any power granted by the laws of the State of Georgia to private corpo rations which is not in conflict with the purposes of the commission; and
(9) To do all things necessary or convenient to execute and carry out the powers ex pressly given and provided in this Act.
Section 12. Tax-exempt status of the commission. The properties of the commission, both real and personal, are hereby declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and special assessments of any city, county, or the state, or any political subdivision thereof.
Section 13. Rules and regulations. It shall be the duty of the commission to prescribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission.
Section 14. Obligations of the commission. No debt or obligation whatsoever incurred by the commission shall be construed to be a debt or obligation of either the City of Griffin or the County of Spalding.
Section 15. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought in the State Court of Spalding County or the Superior Court of Spalding County, and such courts shall have the exclusive, original jurisdiction of any such actions.
Section 16. Powers declared supplemental and additional. The foregoing provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
Section 17. Liberal construction of this Act. This Act, being for the welfare of various municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 18. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent juris diction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 19. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 20. Specific repealer. This Act does not in any way take from the State of Geor gia, or any department, agency, or instrumentality thereof, the City of Griffin or Spalding County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic.

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JOURNAL OF THE SENATE

Section 21. General repealer. All laws and parts of law in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Broun
HCoulretm0"an Dawkins Deal
Dean Echols Edge English Engram

Fincher Garner Gillis Harris Harrison
HHuwdgamrds Huggins Johnson
Kennedy Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
R,, agan of 10th o i_ i Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Barnes Brannon Bryant Coverdell

Crumbley Foster Hine Land Ragan of 32nd

Scott of 2nd Scott of 36th Shumake Starr Walker

On the passage of all the local bills, the yeas were 41, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1220, HB 1914 and HB 1916, having received the requisite constitutional majority, were passed.

HB 1220, having received the requisite constitutional majority, was passed as amended.

HB 1914 and HB 1916, having received the requisite constitutional majority, were passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.

MONDAY, MARCH 7, 1988

2239

Senator Garner of the 30th moved that the Senate adhere to the Senate amendment to the House substitute to SB 573 and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 573.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Garner of the 30th, Harrison of the 37th and Barnes of the 33rd.
The following local bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 657. By Senators Ragan of the 32nd, Barnes of the 33rd, Newbill of the 56th and Harrison of the 37th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the provisions relat ing to the compensation of the clerk of the superior court and the deputy clerk of the superior court.
The House substitute to SB 657 was as follows:
A BILL
To be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court, the deputy clerk of the superior court, the chief deputy sheriff, the sheriffs chief investigator, and the sheriffs executive secretary; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The clerk of the superior court shall receive an annual salary of $52,524.00, to be paid in equal monthly installments from the funds in the county treasury.
(b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $42,240.00, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk dur ing the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed by him. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensa tion to be paid to each shall first be approved by the governing authority of Cobb County."

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Section 2. Said Act is further amended by striking subsections (b), (c), and (d) of Sec tion 5 and inserting in lieu thereof new subsections to read as follows:
"(b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $51,030.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resigna tion, or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing au thority of Cobb County. In addition to said chief deputy and other deputies above provided for, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his office, provided that the number of employ ees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County.
(c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a gradu ate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer, or be a graduate of a law school accredited by the Georgia Bar Association, or be a graduate of the Southern Police Institute School of Police Management and Administration. The salary of the chief investigator shall be $49,875.00 per annum, to be paid in equal monthly installments from the funds of Cobb County.
(d) In addition to those employees provided for in subsections (b) and (c) of this sec tion, there is created the position of executive secretary to the sheriff. The executive secre tary shall be appointed by the sheriff, shall be under his direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, edu cation, and experience as he deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $28,875.00 per annum, to be paid in equal monthly installments from the funds of Cobb County."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Ragan of the 32nd moved that the Senate agree to the House substitute to SB 657.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker

Barnes Bowen Brannon

Bryant Burton Coverdell

MONDAY, MARCH 7, 1988

2241

Crumbley Deal Dean Echols Edge English Engram Fincher Foster Gillis Harris

Harrison Howard Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Olmstead

Perry Ragan of 10th Ragan of 32nd Ray Shumake Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin B roun Coleman Dawkins Garner

Hine Hudgins Newbill Peevy Phillips

Scott of 2nd Scott Qf 36th
Starr Taylor

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 657.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 159. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require in surance companies to obtain a certificate of title for certain vehicles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.

The Conference Committee report on HB 159 was as follows:

The Committee of Conference on HB 159 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 159 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Lawrence Stumbaugh Senator, 55th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Mark Taylor Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jerry D. Jackson Representative, 9th District
/s/ Bill Barnett Representative, 10th District
/s/ Tom Crosby Representative, 150th District

Conference Committee substitute to HB 159:

A BILL To be entitled an Act to amend Article 2 of Chapter 3 of Title 40 of the Official Code of

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Georgia Annotated, relating to certificates of title for motor vehicles, so as to require the transfer of the certificate of title for certain vehicles; to provide for enforcement proceed ings; to provide for a penalty; to require the disclosure of odometer mileage on replacement certificates of title; to provide for an exception; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, is amended by adding immediately follow ing Code Section 40-3-40 a new Code Section 40-3-41 to read as follows:
"40-3-41. (a) Any person, firm, or corporation which pays a total loss claim on a vehicle as a result of such vehicle being stolen shall within 15 days of the payment of such total loss claim apply to the commissioner for a transfer of the certificate of title into such person's, firm's, or corporation's name. No person, firm, or corporation shall sell, transfer, or convey such vehicle until the requirements of this Code section have been met.
(b) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, when ever the commissioner, after a hearing, determines that any person has violated any provi sions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available and who is ag grieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corpo ration, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commis sioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties pro vided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(c) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdic tion of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commis sioner with any information acquired by the Commissioner of Insurance during any investi gation or proceeding involving this Code section. Nothing in this subsection shall be con strued to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers."
Section 2. Said article is further amended by striking Code Section 40-3-25.1, relating to the entry of the odometer reading on the certificate of title upon sale or transfer of a motor vehicle, and substituting in lieu thereof a new Code Section 40-3-25.1 to read as follows:
"40-3-25.1. In addition to the information required by Code Section 40-3-25, each cer tificate of title issued by the commissioner shall contain spaces thereon for the entry of the mileage of the motor vehicle as shown on the odometer of such motor vehicle at the time of its sale or transfer. When a new motor vehicle is sold by a dealer, it shall be the duty of the dealer to insert on the application for the certificate of title the mileage of such motor vehi cle as shown on its odometer on the day of the sale. When the owner of a motor vehicle sells

MONDAY, MARCH 7, 1988

2243

or transfers such motor vehicle, he shall enter on the certificate of title the mileage as shown on the odometer of such motor vehicle at the time he executes the assignment and warranty of title. When a new certificate of title is issued for a previously titled motor vehicle, the odometer reading as recorded on the old certificate of title shall be shown on the new certifi cate of title. When a replacement certificate of title is issued to the owner of a lost, stolen, mutilated, or destroyed certificate of title, the mileage as shown on the odometer on the day application is made for the replacement certificate of title shall be shown on the replace ment certificate of title. However, vehicles having a gross vehicle weight rating of more than 16,000 pounds shall be exempt from the requirement of disclosure of the odometer mileage on certificates of title. The commissioner is authorized and directed to provide by regulation for the implementation of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Stumbaugh of the 55th moved that the Senate adopt the Conference Commit tee report on HB 159.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bunion
^Bruyrftonnt Coverdell Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison
"Holnweard, Huggins Johnson Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips R of loth
R,, aganof32nd TM*y , Shumake Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Bowen Broun Coleman Dawkins

Garner Hudgins McKenzie Scott of 2nd

Scott of 36th Starr Timmons Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 159.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 1660. By Representatives Porter of the 119th, Jackson of the 9th, Lawson of the 9th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law.

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The House amendment was as follows:
Amend the Senate substitute to HB 1660 by adding on line 17 of page 1 after the semicolon the following:
"to provide for the imposition of punishments in municipal courts for certain offenses;".
By striking line 29 of page 7 and inserting in lieu thereof the following:
"Section 6. Said title is further amended by adding at the end of Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident, as such Code section was amended by HB 1263 during the 1988 regular session of the General Assembly, a new subsection (d) to read as follows:
'(d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.'
Section 7. All laws and parts of laws in conflict".
Senator McKenzie of the 14th moved that the Senate agree to the House amendment to the Senate substitute to HB 1660.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes owen
Burton Coverdell Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Gillis
Harris Harrison
Hine Hward Johnson Kennedy Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd
Ray Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun Coleman Dawkins Garner

Hudgins Huggins Land

Scott of 2nd Scott of 36th Starr

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1660.

MONDAY, MARCH 7, 1988

2245

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 561. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to authorize a district attorney to petition the court for authority to deposit seized currency in an interest-bearing account in a financial institution; to provide for the payment of accrued interest on seized currency deposited in a financial institution.
The House substitute to SB 561 was as follows:
A BILL
To be entitled an Act to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to authorize a district attorney to deposit seized currency in an interest-bearing account in a financial institution; to provide for the payment of accrued interest on seized currency de posited in a financial institution; to provide that photographs, photocopies, or video tapes of any currency seized and deposited in a financial institution shall be admissible at trial in lieu of the original currency under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," is amended by striking subsec tion (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) (1) Property taken or detained under this Code section shall not be subject to replevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that acts prohibited by this article took place, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the director of the Georgia Drugs and Narcotics Agency or duly authorized agents, drug agents, or law enforcement officers seizing such property shall:
(A) Place the property under seal;
(B) Remove the property to a place designated by the judge of the superior court as set out above; or
(C) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and re move it to an appropriate location for disposition in accordance with law.
(2) (A) Notwithstanding the provisions of paragraph (1) of this subsection, the district attorney shall be authorized to deposit seized currency in an interest-bearing account in a financial institution in this state. Any accrued interest on currency deposited shall follow the principal in any judgment with respect thereto.
(B) Photographs, photocopies, or video tapes of any currency seized and deposited pur suant to subparagraph (A) of this paragraph, duly identified in writing by the law enforce ment officer originally taking custody of the currency as accurately representing such cur rency, shall be admissible at trial in lieu of the original currency."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Bowen of the 13th moved that the Senate agree to the House substitute to SB 561.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Bryant Burton
Coverdell Crumbley Dean English Engram
Fincher

Foster Garner Gillis Harris Harrison Howard Johnson Kennedy Kidd
Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Shumake Stumbaugh Tate
Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman Dawkins Deal Echols

Edge Hine Hudgins Huggins

Land Scott of 2nd Scott of 36th Starr

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 561.

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Joe Frank Harris, in a communication to the Senate on March 2, which is included in the Journal of March 2.

The President also stated that the reading of the appointments would be dispensed with since they had been printed and distributed by the Secretary to each Senator and that one roll call would suffice on all appointments unless any Senator designated any appointee be deleted from the list and voted on individually.

No Senator requested the name of any appointee be deleted.

On the confirmation of the appointees, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell

Crumbley Dawkins Dean Echols Edge English Fincher Foster Gillis Harris Harrison Howard

Huggins Johnson Kennedy Kidd Langford McGill McKenzie Newbill Olmstead Peevy Phillips Ragan of 10th

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2247

Ragan of 32nd Ray Shumake Starr

Stumbaugh Taylor Timmons

Turner Tysinger Walker

Those not voting were Senators:

Deal Engram Garner Hine

Hudgins Land Perry

Scott of 2nd Scott of 36th Tate

On the confirmation, the yeas were 46, nays 0, and all of the appointees were confirmed.

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris:

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
March 7, 1988
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia
Dear Governor Harris:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on March 2, 1988, were acted upon by the Geor gia State Senate in session on March 7, 1988, with the following results:
Honorable Nancy L. Frenkel of Fulton County as a member of the State Board of Ac countancy, for the term of office beginning December 10, 1987, and ending June 30, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Gene Hodge of Muscogee County as a member of the Board of Corrections, for the term of office beginning February 4, 1988, and ending July 1, 1988. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Corrections, for the term of office beginning February 4, 1988, and ending July 1, 1992: James C. Harrison of Fulton County; Claudia Mertl of Clayton County; and Jerry F. Nicholson of Clarke County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Harold L. Smith of Hall County as a member of the Board of Human Re sources, for the term of office beginning February 17, 1988, and ending April 6, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Human Resources, for the term of office beginning April 6, 1988, and ending April 6, 1993: H. Gordon Davis, Jr., M.D., of Worth County; and Laura S. Vann of Mitchell County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of Industry and Trade, for the term of office beginning January 28, 1988, and ending July 1, 1992: Carol Cherry of DeKalb

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County; and Kathryn L. Dunlap of Hall County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 685. By Senators Brannon of the 51st and Hine of the 52nd:
A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, as amended, so as to provide a supplement to the salary of the district attorney of said circuit; to provide an effective date.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 1549. By Representatives Jackson of the 83rd, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Harris of the 84th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for dental students; to except acts of willful or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected.
The Speaker has appointed on the part of the House, Representatives Jackson of the 83rd, Robinson of the 96th and Bailey of the 72nd.
The House adheres to its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference to confer with a like committee on the part of the Sen ate on the following bill of the Senate:
SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis lative purpose and intent; to provide a definition; to provide, under certain cir cumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.
The Speaker has appointed on the part of the House, Representatives Groover of the 99th, Thomas of the 69th and Chambless of the 133rd.

MONDAY, MARCH 7, 1988

2249

The House has agreed to the Senate substitute, by substitute, to the following bill of the House:
HB 1646. By Representatives Williams of the 48th, Richardson of the 52nd, Davis of the 45th, Mangum of the 57th, Lawrence of the 49th and others:
A bill to provide that each resident of the DeKalb County School District who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes.
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 1349. By Representatives Childers of the 15th, Pannell of the 122nd, Hooks of the 116th, Richardson of the 52nd, Parham of the 105th and others:
A bill to exercise the authority of the General Assembly under Chapter 2 of Title 43 of the Official Code of Georgia Annotated, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," so as to amend Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 1605. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to eliminate and repeal the provi sions relative to the automatic repeal of the chapter.
The House insists on its position in substituting the following bill of the Senate:
SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 1438. By Representatives Thomas of the 69th, Robinson of the 96th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to change a reference to appeals from decisions of the State Board of Workers' Compensation.
The House adheres to its position in insisting on its substitute, and has appointed a

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JOURNAL OF THE SENATE

Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health.

The Speaker has appointed on the part of the House, Representatives Martin of the 26th, Coleman of the 118th and Walker of the 115th.

The President introduced Congressman John Lewis, United States Representative of the Fifth District of Georgia, who briefly addressed the Senate.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.

The Conference Committee report on HB 1277 was as follows:

The Committee of Conference on HB 1277 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1277 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Thomas F. Allgood Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District
/s/ Terry L.Coleman Representative, 118th District

Conference Committee substitute to HB 1277:

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1988, and ending June 30, 1989; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1988, and ending June 30, 1989, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $6,254,000,000 for State Fis cal Year 1989.
PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch Personal Services--Staff .................................. Personal Services--Elected Officials Regular Operating Expenses............................... Travel--Staff ............................................ Travel--Elected Officials .................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts--Staff ...................... Per Diem, Fees and Contracts--Elected Officials ............ Photography ............................................. Expense Reimbursement Account Capital Outlay ........................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

$20,554,894 $9,566,914 $3,309,287 $2,166,900
$116,800 . . . . . $6,000 . ... $--0--
$365,000 $415,500 $63,700 $624,000 . $383,732 $2,315,261 $68,000 $1,132,800
$21,000 $20,554,894 $20,554,894

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total
House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities

Senate Functional Budgets

Total Funds

$ 3,965,981

$

543,772

$

995,200

$ 5,504,953

House Functional Budgets

Total Funds

8,114,718

330,961 1,098,710 9,544,389 Joint Functional Budgets Total Funds 2,058,843 1,526,721
786,990 1,132,998

State Funds 3,965,981 543,772
995,200 5,504,953

State Funds

$ 8,114,718

$

330,961

$ 1,098,710

$ 9,544,389

State Funds 2,058,843 1,526,721 786,990 1,132,998

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Total

$ 5,505,552 $ 5,505,552

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legis lative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits

Budget Unit: Department of Audits ................................ $12,495,008

Operations Budget:

Personal Services................................................ $10,381,288

Regular Operating Expenses......................................... $364,220

Travel ............................................................ $857,500

Motor Vehicle Purchases............................................ $172,500

Equipment

........................................ $24,900

Per Diem, Fees and Contracts ........................................ $25,500

Real Estate Rentals ................................................ $318,000

Computer Charges ................................................. $295,400

Telecommunications ............................................... $55,700

Total Funds Budgeted ........................................... $12,495,008

State Funds Budgeted ........................................... $12,495,008

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $3,779,608

MONDAY, MARCH 7, 1988

2253

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $4,364,874

Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $33,973,431 Operation of the Courts ......................................... $32,248,776 Prosecuting Attorneys' Council ...................................... $747,652 Sentence Review Panel ............................................. $119,600 Council of Superior Court Judges ..................................... $73,435 Judicial Administrative Districts ..................................... $768,968 Habeas Corpus Clerk ................................................ $15,000

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $348,408

Section 7. Institute of Continuing Judicial Education.

Budget Unit: Institute of Continuing Judicial Education

$550,368

Institute's Operations............................................... $425,506

Georgia Magistrate Courts

Training Council ................................................. $124,862

Section 8. Judicial Council. Budget Unit: Judicial Council......................................... $970,663 Council Operations ................................................. $815,088 Payments to Judicial Administrative Districts for Case Counting .................................................... $71,000 Board of Court Reporting ............................................ $28,575 Payment to Council for Magistrate Court Judges ..................................................... $26,000 Payment to Council for Probate Court Judges ..................................................... $20,000 Payment to Council for State Court Judges ..................................................... $10,000

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ........................ $109,310
PART III.
EXECUTIVE BRANCH

Section 10. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............... $39,478,287
Administration and Services Budget: Personal Services................................................ $39,840,411 Regular Operating Expenses....................................... $8,915,013 Travel ............................................................ $252,224 Motor Vehicle Purchases............................................ $430,100 Equipment ...................................................... $4,117,094 Computer Charges ............................................... $8,808,124 Real Estate Rentals .............................................. $3,281,373 Telecommunications ................................................ $882,878 Per Diem, Fees and Contracts ....................................... $421,098 Rents and Maintenance Expense ................................. $15,966,243 Utilities ............................................................ $37,635 Payments to DOAS Fiscal Administration .......................... $1,957,232 Direct Payments to Georgia Building Authority for Capital Outlay .................................................... $--0-- Direct Payments to Georgia Building Authority for Operations........................................................ $--0--

2254

JOURNAL OF THE SENATE

Telephone Billings ...................... Materials for Resale ..................... Public Safety Officers Indemnity Fund . Health Planning Review Board Operations Georgia Golf Hall of Fame Operations ... Authorities Liability Reserve Fund........ Grants to Counties ...................... Grants to Municipalities ................. Total Funds Budgeted ................... State Funds Budgeted ...................

$32,900,121 . $10,650,000
$608,800 ..... $50,000
... $30,000 ..... $--0--
. $2,600,000 $4,200,000
$135,948,346 $39,478,287

Department of Administrative Services Functional Budgets

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

Total Funds

$

370,250

$ 2,375,424

$ 16,745,674

11,066,875 2,529,310

635,631

511,888 49,272,487 3,157,359 40,211,155 5,404,961
1,439,011 620,283
1,608,038 135,948,346

State Funds

$

370,250

$ 2,375,424

$ 14,786,448

$

--0--

$ 2,529,310

$

--0--

$

$

$

$

$

$

$

$

--0--

$ 39,478,287

B. Budget Unit: Georgia Building Authority

Georgia Building Authority Budget:

Personal Services.......................

Regular Operating Expenses.............

Travel ................................

Motor Vehicle Purchases................

Equipment ............................

Computer Charges .....................

Real Estate Rentals

Telecommunications ....................

Per Diem, Fees and Contracts ...........

Capital Outlay .........................

Utilities ...............................

Contractual Expense ...................

Fuel ..................................

Facilities Renovations and Repairs .......

Total Funds Budgeted

...

State Funds Budgeted ..................

.... $--0--
$18,324,000 $4,729,200 ... $21,100
. $76,800 . . $129,700
$51,000 . $10,800
$111,100 . . $154,000 .... $--0-- . $8,488,000
$190,000 . $--0-- . . $--0-- $32,285,700
$--0--

MONDAY, MARCH 7, 1988

2255

Georgia Building Authority Functional Budgets

Total Funds

Grounds

$ 1,922,900

Custodial

$ 4,737,600

Maintenance

$ 4,880,800

Security

$ 4,642,800

Van Pool

$

199,100

Sales

$ 4,343,500

Administration

$ 10,961,100

Railroad Excursions

$

597,900

Facility Renovations

$

--0--

Total

$ 32,285,700

State Funds

!$

-- 0--

!5

-- 0--

!$

-0--

!$

-- 0--

!I

-0--

!5

-- 0--

:$

-- 0--

!J

-- 0--

:$

-- 0--

:$

-- 0--

?ency for the Removal of Hazardous Materials

$250,000

Operations Budget:

Personal Service(s8 .............................................

$4,500,000

Regular Op( ng Expenses ................................... $3,996,000

Travel

$1,500,000

Motor Vehii 'urchases ...................................... ...... $175,000

Equipment

$700,000

Computer Charg;es ........................................... ....... $--0--

Real Estate Renitals .......................................... ....... $--0--

Telecommunicat;iioons ..........................................

$20,000

Per Diem, Fees and Contracts

$800,000

Capital Outlay

....... $--0--

Utilities ......

....... $--0--

dgeted ........................................ $11,691,000

dgeted ........................................ ...... $250,000

Section 11. Department of Agriculture A. Budget Unit: Department of Agriculture
State Operations Budget: Personal Services................................... Regular Operating Expenses Travel ............................................ Motor Vehicle Purchases............................ Equipment ........................................ Computer Charges ................................. Real Estate Rentals Telecommunications ................................ Per Diem, Fees and Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary Laboratories Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro Veterinary Fees .................................... Indemnities........................................ Bee Indemnities.................................... Advertising Contract ............................... Payments to Georgia Agrirama Development Authority for Operations ..........................

$31,735,004
$27,363,829 $3,355,998 . . $877,000
$513,604 . . . $396,114 . . $317,928
$850,963 . . $390,374 . . . $330,754
$600,000
$2,124,650
$1,618,806 $547,000 $91,000 $75,000 $205,000
$458,600

2256

JOURNAL OF THE SENATE

Renovation, Construction, Repairs and Maintenance Projects at

Major and Minor Markets ......................................... $75,000

Capital Outlay ...................................................... $--0--

Contract--Federation of Southern Cooperatives

$60,000

Tick Control Program

$50,000

Poultry Indemnities

$100,000

Total Funds Budgeted

$40,401,620

State Funds Budgeted

$31,735,004

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry

$ 4,116,783 $ 3,670,783

Animal Industry

$ 6,371,242 $ 5,999,518

Marketing

$ 1,640,655 $ 1,601,401

General Field Forces

$ 3,260,687 $ 3,260,687

Internal Administration

$ 4,219,017 $ 4,141,017

Information and Education

$ 1,406,480 $ 1,406,480

Fuel and Measures

$ 3,048,293 $ 3,040,293

Consumer Protection Field Forces

$ 5,753,640 $ 4,468,350

Meat Inspection

$ 4,155,203 $ 1,659,137

Major Markets

$ 4,184,389 $

706,904

Seed Technology

$

364,797 $

--0--

Entomology and Pesticides

$ 1,880,434 $ 1,780,434

Total

$ 40,401,620 $ 31,735,004

B. Budget Unit: Georgia Agrirama Development Authority

$--0--

Georgia Agrirama Development Authority Budget:

Personal Services................................................... $489,000

Regular Operating Expenses......................................... $132,000

Travel .............................................................. $5,000

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $10,000

Computer Charges

$--0--

Real Estate Rentals

$--0--

Telecommunications

$9,000

Per Diem, Fees and Contracts

$31,000

Capital Outlay ...................................................... $--0--

Goods for Resale .................................................... $78,000

Total Funds Budgeted .............................................. $754,000

State Funds Budgeted

$--0--

Section 12. Department of Banking and Finance.

Budget Unit: Department of Banking and Finance

$5,591,588

Administration and Examination Budget:

Personal Services ................................................ $4,667,989

Regular Operating Expenses......................................... $220,511

Travel ............................................................ $321,198

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $24,305

Computer Charges ................................................. $122,402

Real Estate Rentals ................................................ $184,272

Telecommunications ................................................. $48,911

MONDAY, MARCH 7, 1988

2257

Per Diem, Fees and Contracts ......................................... $2,000 Total Funds Budgeted ............................................ $5,591,588 State Funds Budgeted ............................................ $5,591,588

Section 13. Department of Community Affairs.

Budget Unit: Department of Community Affairs

$7,903,076

State Operations Budget:

Personal Services................................................. $4,702,230

Regular Operating Expenses......................................... $243,346

Travel ............................................................ $177,884

Motor Vehicle Purchases.............................................. $8,200

Equipment ......................................................... $24,009

Computer Charges .................................................. $45,615

Real Estate Rentals ................................................ $398,192

Telecommunications ................................................. $62,998

Per Diem, Fees and Contracts ....................................... $108,132

Capital Felony Expenses ............................................. $85,000

Contracts with Area Planning

and Development Commissions .................................. $1,400,000

Local Assistance Grants ............................................ $200,000

Appalachian Regional Commission

Assessment ....................................................... $99,800

Community Development Block

Grants (Federal) .............................................. $30,000,000

Juvenile Justice

Grants (Federal) .................................................. $--0--

Grant--Richmond County ........................................... $--0--

Special Investment Grant ........................................... $650,000

Payment to Georgia Residential

Finance Authority ................................................ $600,000

Payment to Georgia Environmental Facilities

Authority for Operations .......................................... $422,990

Total Funds Budgeted ........................................... $39,228,396

State Funds Budgeted ............................................ $7,903,076

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

$ 3,894,952 $ 3,872,452

Technical Assistance

$ 1,426,054 $ 1,240,748

Community and Economic Development

$ 32,774,169 $ 1,822,701

Intergovernmental Assistance

$ 1,133,221 $

967,175

Total

$ 39,228,396 $ 7,903,076

Section 14. Department of Corrections

A. Budget Unit: Administration, Institutions and Probation

$287,050,849

Personal Services............................................... $209,401,924

Regular Operating Expenses...................................... $23,442,382

Travel .......................................................... $1,303,125

Motor Vehicle Purchases.......................................... $1,136,000

Equipment ...................................................... $3,616,793

Computer Charges ................................................. $789,450

Real Estate Rentals .............................................. $2,920,461

Telecommunications .............................................. $2,237,292

Per Diem, Fees and Contracts ..................................... $1,647,263

Capital Outlay ...................................................... $80,000

2258

JOURNAL OF THE SENATE

Utilities ................................... Court Costs................................ County Subsidy ............................ County Subsidy for Jails County Workcamp Construction Grants Grants for Local Jails Central Repair Fund Payments to Central State
Hospital for Meals Payments to Central State
Hospital for Utilities Payments to Public Safety
for Meals................................ Inmate Release Fund Health Services Purchases Payments to MAG for Health
Care Certification University of Georgia--Cooperative Extension
Service Contracts ........................ Minor Construction Fund Authority Lease Rentals Total Funds Budgeted Indirect DOAS Funding Georgia Correctional Industries State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 36,357,049

Institutions and Support

$ 210,272,071

Probation

$ 47,662,938

Total

$ 294,292,058

B. Budget Unit: Board of Pardons and Paroles Board of Pardons and Paroles Budget: Personal Services......................... Regular Operating Expenses Travel ... ............................ Motor Vehicle Purchases ...... ........... Equipment . ........... ............... Computer Charges . ..................... Real Estate Rentals Telecommunications ...................... Per Diem, Fees and Contracts County Jail Subsidy ....... .......... Total Funds Budgeted State Funds Budgeted

Section 15. Department of Defense. Budget Unit: Department of Defense Operations Budget: Personal Services Regular Operating Expenses Travel .................................. Motor Vehicle Purchases Equipment ..............................

$9,625,065 $350,000
$11,680,000 $5,500,000 $--0--
..... $--0-- $600,000
$3,099,945
$1,579,703
$315,196 $950,000 $12,797,923
. . . . . $48,946
$289,190 . $681,400
$200,000 $294,292,058 . . . . $450,000 .... $--0-- $287,050,849
State Funds 35,712,049 209,111,274 42,227,526 287,050,849
$19,047,843
. $15,687,453 .... $478,284
$432,902 $124,500 . . . . $139,348 $123,000 $1,072,131 .... $398,875 $91,350 $500,000 $19,047,843 . $19,047,843
$4,734,565
$7,269,131 $3,220,608
$66,382 $27,200 $50,725

MONDAY, MARCH 7, 1988

2259

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Grants to Locals--Emergency
Management Assistance Grants--Others Georgia Military Institute Grant Civil Air Patrol Contract Capital Outlay ................. Grants to Armories Repairs and Renovations Total Funds Budgeted State Funds Budgeted

Department of Defense Functional Budgets

Total Funds

Office of the Adjutant General

2,283,668

Georgia Emergency Management Agency

1,927,471

Georgia Air National Guard

3,260,773

Georgia Army National Guard

5,487,245

Total

12,959,157

Section 16. State Board of Education--Department of Education. Budget Unit: Department of Education Operations: Personal Services ......................................... Regular Operations Expenses ............................... Travel ................................................... Motor Vehicle Purchases................................... Equipment ............................................... Computer Charges ........................................ Real Estate Rentals ....................................... Telecommunications ....................................... Per Diem, Fees and Contracts .............................. Utilities .................................................. Capital Outlay ............................................ QBE Formula Grants: Kindergarten/Grades 1--3 ................................. Grades 4--8 .............................................. Grades 9--12 ............................................. High School Laboratories Vocational Education Laboratories Special Education ......................................... Gifted.................................................... Remedial Education ....................................... Staff Development ........................................ Professional Development Media.................................................... Indirect Cost ............................................. Pupil Transportation ...................................... Isolated Schools........................................... Local Fair Share ..........................................

. . . . $13,830 $7,800 $77,596
$183,500
. $1,050,000 $44,100
. . . . $18,000 . . . . $42,000 .... $--0-- . $563,160 . . . $325,125 $12,959,157 . $4,734,565

State Funds

> 1,179,668

!

871,607

!

456,688

i 2,226,602

I 4,734,565

. $2,342,645,140
. . . $38,257,881 . . . . $4,511,149
$1,549,585 ....... $80,590 ...... $461,675 . . . . $8,878,097
$2,198,820 ...... $703,133 . . . $16,595,715
$1,007,520 ........ $5,000
. $612,236,416 . . $502,854,873 . . $253,020,871 . . . $75,173,824 . . . $82,875,796 . . $171,399,805
$18,976,960 . . . $28,422,940 . . . . $6,221,516 . . . $15,505,867 . . . $83,370,542 . $446,973,429
$106,375,602 ...... $992,440 $(430,108,768)

2260

JOURNAL OF THE SENATE

Other Categorical Grants: Equalization Formula........................................... $114,111,755 Sparsity Grants .................................................. $1,500,000 In School Suspension ................................................ $--0-- Special Instructional Assistance.................................... $1,000,000 Middle School Incentive ......................................... $13,298,790 Special Education Low-- Incidence Grants ................................................. $100,000
Non-QBE Grants: Education of Children of LowIncome Families .............................................. $78,364,380 Retirement (H.B. 272 and H.B. 1321)....................................... $1,950,000 Instructional Services for the Handicapped .............................................. $20,531,560 Tuition for the Multi-Handicapped............................................. $1,972,000 Severely Emotionally Disturbed .................................. $30,255,441 School Lunch (Federal) ......................................... $127,921,445 School Lunch (State) ............................................ $22,666,600 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification .................... $5,895,946 Regional Education Service Agencies ............................................... $6,137,565 Georgia Learning Resources System ........................................................ $2,408,930 High School Program ............................................ $13,983,556 Special Education in State Institutions .............................................. $2,830,345 Governor's Scholarships........................................... $1,269,600 Special Projects ..................................................... $--0-- Job Training Partnership Act ..................................... $3,084,680 Vocational Research and Curriculum ...................................................... $366,540 Adult Education ................................................. $5,453,680 Salaries and Travel of Public Librarians............................................... $9,061,589 Public Library Materials .......................................... $4,498,850 Talking Book Centers .............................................. $767,632 Public Library M&O. ........................................... $3,638,259 Grants to Local School Systems for Educational Purposes ...................................... $78,000,000 Child Care Lunch Program (Federal)............................................. $16,728,325 Chapter II--Block Grant Flow Through ................................................. $8,702,655 Payment of Federal Funds to Postsecondary Vocational Education .......................................... $10,440,540 Drug Free School (Federal) ....................................... $2,541,012 Innovative Programs................................................ $670,500 Technology Grants ................................................. $850,000 Limited English--Speaking Students Program .............................................. $1,250,000 Total Funds Budgeted ......................................... $2,640,793,453 Indirect DOAS Services Funding .................................... $340,000 State Funds Budgeted ......................................... $2,342,645,140

MONDAY, MARCH 7, 1988

Education Functional Budgets

Total Funds

State Administration

$ 3,227,933

Instructional Services

$ 16,183,166

Governor's Honors Program

$

874,905

Administrative Services

$ 19,557,995

Standards and Assessment

$ 14,481,765

Special Services

$ 4,020,148

Professional Standards Commission

$

252,175

Professional Practices Commission
Local Programs

$

517,293

$ 2,566,544,288

Georgia Academy for the Blind

$ 4,131,040

Georgia School for the Deaf

$ 6,575,380

Atlanta Area School for the Deaf

$ 4,427,365

Total

$ 2,640,793,453

Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System Employees' Retirement System Budget: Personal Services ....................... Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Benefits to Retirees ..................... Employer Contribution .................. Total Funds Budgeted ................... State Funds Budgeted ...................

Section 18. Forestry Commission. Budget Unit: Forestry Commission ........ State Operations Budget: Personal Services...................... Regular Operating Expenses............ Travel ............................... Motor Vehicle Purchases................ Equipment ........................... Computer Charges ..................... Real Estate Rentals ................... Telecommunications .................... Per Diem, Fees and Contracts ....... Contractual Research .................. Payments to the University of Georgia, School of Forestry for Forest Research

2261
State Funds 2,798,238 9,081,831 859,515 14,070,520 13,863,850 2,565,953
252,175
517,293 2,284,093,980
3,994,540 6,419,880
4,127,365 2,342,645,140
...... $--0--
. $918,040 . . $107,560 ... $7,500 . . . $--0-- ... $5,400
$280,000 . . $121,500 . . $27,000 . $657,700 ... $--0-- . . . $--0-- $2,124,700
. $--0--
$31,253,194
$26,069,834 $6,712,733 . . . $157,298 $1,259,133 $2,335,896
. $63,805 $29,694 . . $806,599 $490,347 $250,000
$300,000

2262

JOURNAL OF THE SENATE

Ware County Grant for Southern Forest World ............................................
Ware County Grant for Road Maintenance .............................................
Wood Energy Program ..................................... Capital Outlay ............................................. Total Funds Budgeted ...................................... State Funds Budgeted ......................................
Forestry Commission Functional Budgets

$30,000
... $60,000 .... $28,000 .... $--0-- $38,593,339 $31,253,194

Reforestation Field Services Wood Energy General Administration
and Support Total

Total Funds

$ 4,912,753

$ 31,245,126

$

28,000

$ 2,407,460 $ 38,593,339

State Funds 379,301
28,445,433 28,000
2,400,460 31,253,194

Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Operations Budget: Personal Services........................................... Regular Operating Expenses Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Evidence Purchased ........................................ Utilities ................................................... Capital Outlay ............................................. Total Funds Budgeted ...................................... Total State Funds Budgeted ................................

$30,385,156
$21,716,753 . $2,174,674 . $600,075 . . . . $466,800 . $546,894
$1,081,329 . . $1,775,757
$1,403,374 . . . . . $42,500
$479,000 . $98,000 ..... $--0-- . $30,385,156 $30,385,156

Georgia Bureau of Investigation Functional Budgets

Administration Drug Enforcement Investigative Georgia Crime
Information Center Total

Total Funds $ 2,979,433 $ 6,001,347 $ 9,807,043
$ 5,873,708 $ 24,661,531

State Funds $ 2,979,433 $ 6,001,347 $ 9,807,043
$ 5,873,708 $ 24,661,531

Forensic Sciences Division Functional Budget Personal Services........................................ Regular Operating Expenses.............................. Travel ................................................. Motor Vehicle Purchases................................. Equipment ............................................ Computer Charges ...................................... Telecommunications .................................... Per Diem, Fees and Contracts ...........................

. . $4,579,432 $497,260
... $39,000 $44,000
.... $271,940 . . . . $111,993
$117,000 . . $23,000

MONDAY, MARCH 7, 1988

2263

Utilities ............................................................ $40,000 Total Funds Budgeted ............................................ $5,723,625 Total State Funds Budgeted ...................................... $5,723,625

Section 20. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance Commission

$19,426,082

Administration Budget:

Personal Services................................................. $3,596,072

Regular Operating Expenses

$355,435

Travel ............................................................. $57,000

Motor Vehicle Purchases ............................................. $--0--

Equipment ......................................................... $19,395

Computer Charges ................................................. $392,701

Telecommunications ................................................ $125,554

Per Diem, Fees and Contracts

$18,000

Payment of Interest and Fees

$307,500

Guaranteed Educational Loans

$3,810,000

Tuition Equalization Grants...................................... $12,777,540

Student Incentive Grants ......................................... $5,076,500

Law Enforcement Personnel

Dependents' Grants ............................................... $40,000

North Georgia College

ROTC Grants

$112,000

Osteopathic Medical Loans

$200,000

Georgia Military Scholarship

Grants .......................................................... $344,000

Paul Douglas Teacher

Scholarship Loans ................................................ $550,000

Total Funds Budgeted

$27,781,697

State Funds Budgeted

$19,426,082

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$ 4,564,157 $

--0--

Higher Education Assistance Corporation

$

307,500 $

160,000

Georgia Student Finance Authority

$ 22,910,040 $ 19,266,082

Total

$ 27,781,697 $ 19,426,082

Section 21. Office of the Governor.

Budget Unit: Office of the Governor

$18,249,457

Personal Services................................................. $8,521,494

Regular Operating Expenses

$450,250

Travel ..................................... ...................... $186,300

Motor Vehicle Purchases

$--0--

Equipment ......................................................... $59,734

Computer Charges ................................................. $148,400

Real Estate Rentals

$643,014

Telecommunications

$211,480

Per Diem, Fees and Contracts

$48,734,896

Cost of Operations ............................................... $2,744,586

Mansion Allowance

$40,000

Governor's Emergency Fund

$2,500,000

Intern Stipends and Travel

$158,000

Art Grants of State Funds

$2,750,000

2264

JOURNAL OF THE SENATE

Art Grants of Non-State Funds...... Humanities Grant--State Funds Art Acquisitions--State Funds ...... Children's Trust Fund Grants ....... Children and Youth Grants ......... Total Funds Budgeted .............. State Funds Budgeted ..............

Office of the Governor Functional Budgets

Total Funds

Governor's Office

$ 5,442,586

Office of Fair Employment Practices

791,689

Office of Planning and Budget

4,204,264

Council for the Arts

3,774,785

Office of Consumer Affairs

1,952,701

State Energy Office Consumers' Utility Counsel

47,739,046 642,710

Criminal Justice Coordinating Council

644,524

Juvenile Justice Coordinating Council

1,405,916

Vocational Education Advisory Council

282,761

Commission on Children and Youth
Growth Strategies Commission
Human Relations Commission Total

$

617,178

$

275,000

$

110,000

$ 67,883,160

Section 22. Department of Human Resources. A. Budget Unit: Departmental Operations........
1. General Administration and Support Budget: Personal Services............................ Regular Operating Expenses Travel ..................................... Motor Vehicle Purchases..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts Utilities .................................... Postage .................................... Capital Outlay .............................. Institutional Repairs and Maintenance .............................. Payments to DMA-- Community Care .......................... Service Benefits for Children Special Purpose Contracts ...................

. $345,006 $50,000 $40,000 $200,000
. $100,000 $67,883,160 $18,249,457

State Funds 5,442,586

$

723,476

$ 4,064,264

$ 3,236,540

$ 1,952,701

$

322,581

$

642,710

$

398,744

$

335,916

$

127,761

if

617,178

i(

275,000

i(

110,000

it 18,249,457

$421,871,428
$49,887,861 . . $2,570,702
$1,402,804 ..... $--0--
$388,502 $2,718,041 $5,023,688 $1,050,944 $2,319,905 .... $293,074
$980,568 j_0_
$4,000
. . $7,770,680 . $8,735,050 . . . . $236,000

MONDAY, MARCH 7, 1988

2265

Purchase of Service Contracts .............. Total Funds Budgeted ..................... Indirect DOAS Services Funding State Funds Budgeted

$35,495,400 $118,877,219
. . . . $638,300 $51,739,899

General Administration and Support Functional Budgets

Commissioner's Office Administrative Appeals Administrative Policy, Coordination,
and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office of Children and Youth Planning Councils Community Services Block Grant Regulatory Services--Program
Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities
Regulation Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning
and Development Agency Total

Total Funds

$

768,025

$ 1,115,639

$

302,726

$ 8,235,540

$

--0--

$ 4,893,766

$

516,998

$

502,252

$ 1,608,108

$ 4,980,810

$ 1,969,966

$

516,000

$ 8,735,050

$

469,655

$ 9,341,668

$

687,260

$ 2,254,896

$

826,199

$ 3,441,819

$

398,863

$

754,192

$ 5,481,633

$ 19,956,969

$ 2,874,192

$ 36,959,445

$ 1,285,548 $ 118,877,219

State Funds

$

768,025

$ 1,115,639

$

302,726

$ 8,192,785

$ (6,062,815)

$ 3,443,234

$

516,998

$

502,252

$ 1,608,108

$ 4,780,810

$ 1,969,966

$

516,000

$ 8,370,359

$

132,775

$

-- 0--

$

687,260

$ 2,244,896

$

483,680

$

961,967

$

398,863

$

553,097

$

257,960

$ 2,635,684

$ 2,661,592

$ 13,467,490

$ 1,230,548 $ 51,739,899

2. Public Health Budget: Personal Services ........................ Regular Operating Expenses Travel Motor Vehicle Purchases Equipment .............................. Computer Charges ....................... Real Estate Rentals Telecommunications ......................

$41,166,317 . $53,446,733
$1,195,678 .... $--0--
$403,666 $620,183 .... $758,585 . . . . $641,331

2266

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts Utilities ................................ Postage ................................ Crippled Children Clinics Grants for Regional
Intensive Infant Care .................. Grants for Regional
Maternal and Infant Care Midwifery Program Benefits Crippled Children Benefits Kidney Disease Benefits ................ Cancer Control Benefits Benefits for Medically Indigent High-Risk
Pregnant Women and Their Infants Family Planning Benefits Grant-In-Aid to Counties Purchase of Service Contracts ........... Special Purpose Contracts Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted ..................

Public Health Functional Budgets

Total Funds

Director's Office

$

736,488

Employees' Health

$

334,799

Health Program Management

$ 1,210,134

Vital Records

$ 1,676,234

Health Services Research

$

662,918

Primary Health Care

$

767,633

Stroke and Heart Attack Prevention

$ 1,964,504

Epidemiology

$ 1,819,078

Immunization

$

461,841

Sexually Transmitted Diseases

1,518,042

Community Tuberculosis Center

1,263,151

Family Health Management

11,185,040

Infant and Child Health

9,397,027

Maternal Health--Perinatal

186,887

Family Planning

10,384,299

Malnutrition

54,861,649

Dental Health

1,676,289

Children's Medical Services

11,767,750

Chronic Disease

1,354,564

Diabetes

639,206

Cancer Control

3,595,345

Environmental Health

950,435

$3,340,858 . . . $--0--
$623,632
$4,936,795
. . . . . $2,055,000 . . . . . $2,068,464 . . . . . $7,456,223 ....... $400,000
$2,650,000
$4,050,421 $302,000
$59,989,894 $10,256,055 $6,360,000 $202,811,733 ....... $549,718 $119,656,346

State Funds

$

539,263

$

294,799

$ 1,125,134

$ 1,577,001

$

440,100

$

739,401

$ 1,434,504

$

786,431

$

-- 0--

257,066

1,263,151 5,424,493 8,789,777
--0--
5,660,849 --0--
1,466,114 9,555,807 1,354,564
639,206 3,595,345
411,663

MONDAY, MARCH 7, 1988

2267

Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care
Sickle Cell, Vision and Hearing
High-Risk Pregnant Women and Infants
Grant in Aid to Counties
Community Health Management Community Care
Total

4,793,677 2,651,072
9,656,534 2,870,707
1,332,326
6,594,224 50,626,039 3,072,305
2,801,536 202,811,733

3. Rehabilitation Services Budget: Personal Services.................... Regular Operating Expenses Travel ............................. Motor Vehicle Purchases Equipment ......................... Computer Charges .................. Real Estate Rentals Telecommunications ................. Per Diem, Fees and Contracts Utilities ............................ Capital Outlay ...................... Postage ............................ Institutional Repairs and Maintenance Case Services ....................... E.S.R.P. Case Services ............... Special Purpose Contracts Purchase of Services Contracts ....... Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted ...............

Rehabilitation Services Functional Budgets

Program Direction and Support
Grants Management
State Rehabilitation Facilities
Roosevelt Warm Springs Institute
Georgia Factory for the Blind
Disability Adjudication
Production Workshop
District Field Services
Independent Living

Total Funds
3,789,518 676,442
7,868,946
16,588,654
11,901,287 21,891,189
953,346 33,741,595
470,764

$1 4,673,677 $i 1,590,572
$i 9,526,859 5; 1,428,711
$ 1,332,326
$ 6,594,224 $ 45,772,629 $ 2,289,186 $ 1,093,494 $ 119,656,346
. $60,377,673 $8,981,656 $801,663 $264,500 $433,914
. . $1,673,520 $2,676,949 $1,402,301
. . $4,257,190 ... $943,324 ..... $--0--
$335,300 ..... $68,700
$15,634,998 . . . . . $50,000 . . . . $509,100
$6,194,606 $104,605,394
$100,000 . $21,271,610

State Funds

$ 1,307,073

$

547,225

$ 1,404,872

$ 4,036,796

$

588,884

$

-- 0--

$;

-- 0--

$; 7,005,620

$i

270,764

2268

JOURNAL OF THE SENATE

Sheltered Employment Community Facilities Bobby Dodd Workshop Total

$ 1,193,497

$ 5,120,256

$

409,900

$ 104,605,394

4. Family and Children Services Budget: Personal Services. ...................... Regular Operating Expenses ............. Travel ................................ Motor Vehicle Purchases ................ Equipment ............................ Computer Charges ..................... Real Estate Rentals .................... Telecommunications .................... Per Diem, Fees and Contracts ........... Utilities ............................... Postage ............................... Cash Benefits .......................... Grants to County DFACS--Operations Service Benefits for Children ........... Special Purpose Contracts ............. Purchase of Service Contracts ........... Total Funds Budgeted ................. Indirect DOAS Services Funding ....... State Funds Budgeted .................

Family and Children Services Functional Budgets

Refugee Benefits AFDC Payments
SSI--Supplemental Benefits Energy Benefits
County DFACS OperationsSocial Services
County DFACS OperationsEligibility
County DFACS OperationsJoint and Administration
County DFACS Operations-- Homemakers Services
Food Stamp Issuance Director's Office Administrative Support Regional Administration
Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits

Total Funds

$ 1,328,582

$ 273,001,859

$

100

$ 12,978,058

$ 46,641,446

$ 73,837,398

$ 43,243,813

$ 6,469,377

$ 2,427,000

$

858,206

$ 3,895,824

$ 3,708,240

$ 5,373,950

$ 17,323,170

$ 2,143,721

$

-- 0--

$ 2,318,389

$

580,220

$ 5,120,256

$

409,900

$ 21,271,610

. . . . . $13,600,590 ...... $1,396,440 ........ $397,600 ...... $10,400 ......... $73,975 . . . . . $14,742,609
..... $216,243 ........ $902,500
. ... $5,236,950 .......... $9,100
$1,327,725 ... $286,454,599
$171,845,003 ..... $45,707,516 ...... $3,416,730
$2,171,300 . . . . $547,509,280 ...... $2,339,882 .... $229,203,573

State Funds

$

-- 0--

$ 100,888,261

$

100

$

-- 0--

$ 24,469,748

$ 36,918,699

$ 21,684,401

$ 5,887,977

$

-- 0--

$

858,206

$ 3,226,436

$ 3,708,240

$ 2,155,050

$ 7,155,713 $ 2,143,721 $ (8,695,462) $ 1,310,631

MONDAY, MARCH 7, 1988

2269

Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management--Contracts Outreach--Contracts Special Projects Program Support County DFACS Operations--
Employability Program Total

1,525,000 19,614,332 1,939,720
578,500 3,293,375 18,365,300
154,200 757,600 1,089,030 2,855,121
1,787,969 547,509,280

1,300,000 12,890,921 1,469,164
369,755 2,707,472 3,548,148
53,016 254,436 1,072,630 2,690,121
1,136,189 229,203,573

Budget Unit Object Classes:

Personal Services........................

$165,032,441

Regular Operating Expenses..............

. $66,395,531

Travel .................................

$3,797,745

Motor Vehicle Purchases.................

... $274,900

Equipment .............................

. . $1,300,057

Computer Charges ......................

. $19,754,353

Real Estate Rentals .....................

. . $8,675,465

Telecommunications .....................

. . $3,997,076

Per Diem, Fees and Contracts ............

$15,154,903

Utilities ................................

. . $1,245,498

Postage ................................

. . $2,733,491

Capital Outlay ..........................

..... $--0--

Grants for Regional

Intensive Infant Care ..................

. $4,936,795

Grants for Regional

Maternal and Infant Care ..............

. . $2,055,000

Crippled Children Benefits ...............

.. $7,456,223

Crippled Children Clinics ................

... $623,632

Kidney Disease Benefits .................

$400,000

Cancer Control Benefits ................

. . $2,650,000

Benefits for Medically Indigent High-Risk

Pregnant Women and Their Infants . .

. $4,050,421

Family Planning Benefits ...............

. . . . $302,000

Midwifery Program Benefits.............

$2,068,464

Grant-In-Aid to Counties ...............

. $59,989,894

Payments to DMA-Community Care

. $7,770,680

Service Benefits for Children ............

$54,442,566

Case Services ..........................

. $15,634,998

E.S.R.P. Case Services ..................

... $50,000

Cash Benefits ..........................

$286,454,599

Grants for County DFACS--

Operations....................................................... $171,845,003

Institutional Repairs

and Maintenance....................................................... $72,700

Special Purpose Contracts ............................................. $10,521,830

Purchase of Service Contracts .......................................... $54,117,361

B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions ..................................... $433,834,253

2270

JOURNAL OF THE SENATE

Departmental Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities ....................... Capital Outlay Authority Lease Rentals Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Substance Abuse Community Services Mental Retardation Community Services Mental Health Community Services Community Mental Health Center Services Special Purpose Contract Service Benefits for Children Purchase of Service Contracts Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

Southwestern State Hospital

$ 34,803,649

Georgia Retardation Center

$ 29,299,412

Georgia Mental Health Institute

$ 24,433,167

Georgia Regional Hospital at Augusta

$ 19,895,027

Northwest Regional Hospital at Rome

$ 25,582,499

Georgia Regional Hospital at Atlanta

$ 27,758,639

Central State Hospital

$ 116,981,434

Georgia Regional Hospital at Savannah

$ 22,540,202

Gracewood State School and Hospital

$ 43,140,987

West Central Georgia Regional Hospital

$ 19,612,709

Outdoor Therapeutic Program

$ 1,852,062

$347,124,754 . $31,619,346 . . . . $988,400 ... $893,327
$3,514,500 . . $4,081,095 .... $783,859 . . $2,801,895 . $5,567,540 . $14,835,800 ..... $--0-- . . . . $748,468
$2,285,200
. . $1,947,640
$27,846,683
. $82,439,490
. $11,249,476
. $40,835,638 $1,356,660
. $2,090,048 ... $496,000 $583,505,819 . . $2,404,100 $433,834,253
State Funds 23,062,196 14,046,422
21,937,508
16,926,629
18,646,692
21,790,643 78,984,381
19,755,368
23,513,445
15,055,601 1,699,782

MONDAY, MARCH 7, 1988

2271

Mental Health

Community Assistance

$

Mental Retardation

Community Assistance

$

Day Care Centers for

Mentally Retarded

$

Supportive Living

$

Georgia State Foster Grandparents/

Senior Companion Program

$

Project Rescue

$

Drug Abuse Contracts

$

Community Mental Health

Center Services

$

Project ARC

$

Metro Drug Abuse Centers

$

Group Homes for

Autistic Children

$

Project Friendship

$

Community Mental

Retardation Staff

$

Community Mental Retardation

Residential Services

$

Contract with Clayton County

Board of Education for

Autistic Children

$

MH/MR/SA Administration

$

Regional Youth

Development Centers

$

Milledgeville State YDC

$

Augusta State YDC

$

Atlanta State YDC

$

Macon State YDC

$

Court Services

$

Community Treatment Centers

$

Day Centers

$

Group Homes

$

Purchased Services

$

Runaway Investigation/

Interstate Compact

$

Assessment and

Classification

$

Youth Services

Administration

$

Total

$

Section 23. Department of Industry and Trade. Budget Unit: Department of Industry and Trade

8,329,121
3,325,935
63,496,771 10,938,626
590,729 395,655 1,129,155
40,835,638 367,205
1,663,818
269,360 310,850
3,215,114
14,358,170
74,630 7,961,431
16,649,139 9,440,549 6,314,080 3,453,231 3,575,926 10,451,444 2,457,247
908,649 646,740 3,446,452
667,679
391,180
1,941,508 583,505,819

$ 8,329,121

$ 2,423,917

$ 35,938,771 $ 10,175,703

$

576,483

$

232,655

$ 1,129,155

$ 33,965,888

$

367,205

$ 1,413,818

$

269,360

$

310,850

$ 3,215,114

$ 14,358,170

$

74,630

$ 6,511,582

$ 16,257,139

$ 9,055,138

$ 6,243,345

$ 3,337,117

$ 3,464,526

$ 10,451,444

$ 2,457,247

$

908,649

$

646,740

$ 3,346,452

$

667,679

$

391,180

$ 1,896,508 $ 433,834,253

$17,659,986

2272

JOURNAL OF THE SENATE

State Operations Budget: Personal Services .............. Regular Operating Expenses Travel ........................ Motor Vehicle Purchases Equipment .................... Computer Charges Real Estate Rentals Telecommunications ............ Per Diem, Fees and Contracts . Local Welcome Center Contracts Advertising and Cooperative Advertising .................. Georgia Ports Authority Authority Lease Rentals Historic Chattahoochee Commission Contract ......... Atlanta Council for International Visitors ......... Waterway Development in Georgia ..................... Georgia Music Week Promotion Georgia World Congress Center Operating Expenses .......... Contract--Georgia Association of Broadcasters .............. Southern Center for International Studies Capital Outlay ................. Total Funds Budgeted .......... State Funds Budgeted

Department of Industry and Trade Functional Budgets

Administration Economic Development Tourism Total

Total Funds

J

5,885,286

i

4,799,643

i

8,108,057

i 18,792,986

Section 24. Department of Insurance Budget Unit: Office of Insurance Commissioner Operations Budget: Personal Services.......................... Regular Operating Expenses................. Travel ................................... Motor Vehicle Purchases.................... Equipment ............................... Computer Charges ......................... Real Estate Rentals ........................ Telecommunications ....................... Per Diem, Fees and Contracts .............. Total Funds Budgeted ..................... State Funds Budgeted ......................

$6,681,308 $1,652,369
$349,445 $68,500 . $191,755 $125,025 $607,140 $207,860 . $265,400 . . $230,000
$5,401,184
$2,745,000
. . . $80,000
. $25,000
. $50,000 . . $35,000
.... $--0--
. $53,000
. . . . $25,000 .... $--0-- $18,792,986 $17,659,986
State Funds
5,075,286 4,616,643
7,968,057
17,659,986
$9,681,342
$8,920,817 . . $546,750
$309,000 $47,500 . . . . $50,670 . . . $206,771 $525,759 . $205,021 . . . . $35,500 $10,847,788 $9,681,342

MONDAY, MARCH 7, 1988

Department of Insurance Functional Budgets

Internal Administration Insurance Regulation Industrial Loans Regulation Information and Enforcement Fire Safety and Mobile
Home Regulations Total

Total Funds

$ 1,503,059

$ 2,411,587

$

563,297

$ 1,759,027

4,610,818 10,847,788

Section 25. Department of Labor. Budget Unit: Department of Labor State Operations: Personal Services .............. Regular Operating Expenses Travel ........................ Motor Vehicle Purchases........ Equipment .................... Computer Charges ......... Real Estate Rentals Telecommunications ............ Per Diem, Fees and Contracts (JTPA) ............ Per Diem, Fees and Contracts W.I.N. Grants ................. Payments to State Treasury Capital Outlay ................. Total Funds Budgeted .......... State Funds Budgeted ..........

Department of Labor Functional Budgets

Total Funds

Executive Offices

$ 2,756,377

Administrative Services

$ 15,988,853

Employment and Training Services

114,210,707

Total

132,955,937

Section 26. Department of Law. Budget Unit: Department of Law. Attorney General's Office Budget: Personal Services.............. Regular Operating Expenses Travel ....................... Motor Vehicle Purchases....... Equipment ...................
Computer Charges Real Estate Rentals ........... Telecommunications ........... Per Diem, Fees and Contracts Books for State Library .... Total Funds Budgeted ......... State Funds Budgeted .........

2273
State Funds 1,503,059 2,305,602 563,297 1,759,027
3,550,357 9,681,342
. . $5,926,599
. $54,875,137 $6,163,100
... $830,000 . . . . . $11,000 . . . . $455,000 . . $5,645,000
$1,259,300 $1,355,900
$60,580,000 .... $381,500 . . . . . $--0-- . . $400,000 . . $1,000,000 $132,955,937
$5,926,599
State Funds 568,166
1,257,109
4,101,324 5,926,599
. . $7,796,782
$6,910,854 $388,702 . $128,000
... $--0-- . . $27,480
$229,946 . . $411,800
$80,000 . . . $60,000
$110,000 $8,346,782 $7,796,782

2274

JOURNAL OF THE SENATE

Section 27. Department of Medical Assistance.

Budget Unit: Medicaid Services

. ...........

Departmental Operations Budget:

Personal Services........ . . . . .

........

Regular Operating Expenses

Travel .

. . . . ........ ...............

Motor Vehicle Purchases

................

Equipment . . . . . . . . ....................

.

Computer Charges

Real Estate Rentals

Telecommunications ............... . . . . ..........

Per Diem, Fees and Contracts

Medicaid Benefits, Penalties

and Disallowances ....................... ..........

Payments to Counties for

Mental Health

.................. ........

Audit Contracts . . . . ...... . . . . ........ ......

Total Funds Budgeted

State Funds Budgeted . . ................. .......

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office

1,349,062

Program Management

20,058,578

Systems Management

12,778,064

Administration

2,322,765

Program Integrity

3,628,916

Benefits, Penalties and Disallowances

1,173,304,615

Total

1,213,442,000

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Departmental Operations Budget: Personal Services....... ........................... Regular Operating Expenses Travel ........ ...... ....................... . . . Equipment ............ .......................... Computer Charges ..................... ........... Real Estate Rentals .................. .............
Telecommunications Per Diem, Fees and Contracts Health Insurance Payments Total Funds Budgeted Agency Assessments ................ ... ....... Employee and Employer
Contributions ........................ ....... Deferred Compensation State Funds ......... ................ .......

Merit System Functional Budgets

Applicant Services

Total Funds $ 2,267,518

$401,248,343
$10,484,630 . . . . $489,000
... $189,900 ...... $--0-- ...... $43,536 . $10,601,654
$925,973 ...... $343,642
$16,286,550
$1,148,134,086
. . $25,170,529 ... $772,500 $1,213,442,000 . . $401,248,343

State Funds

$

561,404

$ 2,583,496

$ 3,410,204

$

305,251

$ 1,552,759

$ 392,835,229 $ 401,248,343

. $26,203,865
$6,461,105 $930,050
. $71,000 ... $73,190
$2,183,608 . $754,119 ... $81,150 $36,319,910 $394,787,556 $441,661,688 . $8,319,744
$407,083,079 . . $55,000
$26,203,865

State Funds --0--

MONDAY, MARCH 7, 1988

2275

Classification and Compensation
Program Evaluation and Audit
Employee Training and Development
Health Insurance Administration
Health Insurance Claims
Internal Administration
Commissioner's Office
Total

$ 1,013,049

$

910,925

$ 1,272,417

$ 10,743,898 $ 422,205,046 $ 1,775,482 $ 1,473,353 $ 441,661,688

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural Resources
Operations Budget: Personal Services ............................ Regular Operating Expenses Travel ...................................... Motor Vehicle Purchases...................... Equipment .................................. Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts Land and Water Conservation Grants .................................... Recreation Grants Contract with U. S. Geological Survey for Ground Water Resources Survey Contract with U.S. Geological Survey for Topographic Maps ........................ Capital Outlay--Repairs and Maintenance.......................... Capital Outlay--Shop StockParks .................................... Capital Outlay--Heritage Trust Authority Lease Rentals ..................... Cost of Material for Resale .................. Payments to Lake Lanier Islands Development Authority Contract--Special Olympics, Inc. ...................................... Georgia Sports Hall of Fame Capital Outlay--Heritage Trust-- Wildlife Management Area Land Acquisition Capital Outlay--User Fee Enhancements--Parks Capital Outlay--Buoy Maintenance .............................. Capital Outlay--Consolidated Maintenance--Game and Fish Technical Assistance Contract ................ Capital Outlay .............................. Contract--Georgia Rural Water Association .........................

$

--0--

$

--0--

$

--0--

$

--0--

$ 26,203,865

$

--0--

$

--0--

$ 26,203,865

$69,978,120
$50,004,717 $10,221,616 . . $500,450 $1,488,794 $1,636,715
$616,120 $1,706,138 $1,286,814 $1,441,968
$900,000 $500,000
$300,000
. . $125,000
$1,978,900
$350,000 $211,500 $1,189,000 $1,642,380
$1,600,000
$206,000 . . . . $50,000
$485,000
. $766,665
. . . . $20,000
. . . $347,831 $125,000 $724,620
$10,000

2276

JOURNAL OF THE SENATE

Contract--Corps of Engineers (Cold Water Creek St. Park)
Advertising and Promotion Payments to Georgia Agricultural
Exposition Authority Historic Preservation Grant Environmental Facilities Grant Georgia Boxing Commission Lanier Regional Committee Paving at State Parks and
Historic Sites Total Funds Budgeted Receipts from Jekyll Island
State Park Authority Receipts from Stone Mountain
Memorial Association Indirect DOAS Funding State Funds Budgeted

$149,405 $150,000
. $1,170,527 . . $275,000 $7,000,000 .... $7,000
$13,000
$500,000 $89,700,160
... $53,750
$315,000 $200,000 $69,978,120

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration

7,489,696 $ 7,120,946

Game and Fish

24,855,209 $ 21,426,966

Parks, Recreation and Historic Sites

31,119,089 $ 18,851,126

Environmental Protection

24,644,938 $ 21,066,854

Coastal Resources

1,591,228 $ 1,512,228

Total

89,700,160 $ 69,978,120

B. Budget Unit: Authorities Operations Budget: Personal Services Regular Operating Expenses Travel ...................... Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Total Funds Budgeted State Funds Budgeted

Authorities Functional Budgets

Total Funds

Lake Lanier Islands Development Authority

$ 1,600,000

Georgia Agricultural Exposition Authority
Total

$ 1,170,527 $ 2,770,527

........ $--0--
$1,646,987 $552,200 $54,400 $69,000 $263,690 $4,000
........ $10,200 $50,650 $119,400
........ $--0-- ... $2,770,527 ........ $--0--

State Funds

$

--0--

Section 30. Board of Post-Secondary Vocational Education. Budget Unit: Board of Postsecondary Vocational Education

$102,356,167

MONDAY, MARCH 7, 1988

2277

Board of Postsecondary Vocational Education Budget: Personal Services................................. Regular Operating Expenses Travel . . ....................................... Motor Vehicle Purchases.......................... Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities ......................................... Personal Services--Institutions Operating Expenses--Institutions Capital Outlay ................................... Quick Start Program Area School Program Regents Program Adult Literacy Grants Total Funds Budgeted ............................ State Funds Budgeted

Institutions Functional Budgets

Administration Institutional Programs Total

Total Funds $ 5,163,051 $ 108,752,936 $ 113,915,987

Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety
Operations Budget: Personal Services Regular Operating Expenses Travel ........................................... Motor Vehicle Purchases Equipment ....................................... Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Conviction Reports State Patrol Posts Repairs and Maintenance Capital Outlay Driver License Processing Total Funds Budgeted Indirect DOAS Service Funding State Funds Budgeted

Public Safety Functional Budgets

Administration Driver Services Field Operations Total

Total Funds
$ 16,355,406 $ 13,093,033 $ 42,149,534 $ 71,597,973

. $2,795,428 $261,000 . $84,000
. . . . . $--0-- $25,100 $202,451 $293,683 $41,389
$1,444,000 . $16,000
$59,462,617 $11,624,632
$--0-- $4,200,000 $30,693,824 $2,571,863
$200,000 $113,915,987 $102,356,167
State Funds
$ 3,592,231
$ 98,763,936
$ 102,356,167
$69,947,973
$52,875,508 $8,496,716
$140,300 $3,069,000
$681,806 $3,600,000
$13,000 $1,101,443
$246,000 $225,000
$200,000 ........ $--0--
$949,200 $71,597,973 $1,650,000 $69,947,973
State Funds
i5 14,855,406
!$ 13,093,033
! 41,999,534
iF 69,947,973

2278

JOURNAL OF THE SENATE

B. Budget Unit: Units Attached for Administrative Purposes Only 1. Attached Units Budget: Personal Services .......................................... Regular Operating Expenses Travel .................................................... Motor Vehicle Purchases....................................
Equipment ................................................ Computer Charges ......................................... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Peace Officers Training Grants Capital Outlay ............................................. Total Funds Budgeted State Funds Budgeted 2. Office of Highway Safety Budget: Personal Services Regular Operating Expenses................................. Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts Highway Safety Grants ..................................... Total Funds Budgeted State Funds Budgeted ......................................

$12,982,368
$5,987,056 . $2,262,872
$133,500 $115,170 . . . $172,795 $356,563 $91,853 $153,900 $1,178,700 . $2,675,977 .... $--0-- $13,128,386 $12,697,311
$392,194 $29,100 $13,000 .... $--0-- .... $--0-- $40,000 $63,625 $8,000 $23,800 $3,500,000 $4,069,719 . . . $285,057

Attached Units Functional Budgets

Office of Highway Safety
Georgia Peace Officers Standards and Training
Police Academy
Fire Academy
Georgia Firefighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

Total Funds $ 4,069,719
4,385,266 782,077
1,103,223
402,531
340,243
6,115,046 17,198,105

State Funds 285,057

$ 4,385,266

$

762,077

$ 1,004,223

$

402,531

$

340,243

$ 5,802,971 $ 12,982,368

Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System Departmental Operations Budget: Payments to Employees' Retirement System ................................. Employer Contributions Total Funds Budgeted State Funds Budgeted

. $13,878,962
. . . $267,712 $13,611,250 $13,878,962 $13,878,962

Section 33. Public Service Commission. Budget Unit: Public Service Commission

$7,229,973

MONDAY, MARCH 7, 1988

2279

Departmental Operations Budget:

Personal Services................................................. $5,744,164

Regular Operating Expenses

$394,861

Travel

$215,500

Motor Vehicle Purchases

$57,900

Equipment

$53,364

Computer Charges ................................................. $341,800

Real Estate Rentals

$299,825

Telecommunications

$113,300

Per Diem, Fees and Contracts

$1,250,000

Total Funds Budgeted

$8,470,714

State Funds Budgeted

$7,229,973

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration

$ 1,315,665 $ 1,315,665

Transportation

$ 3,243,522 $ 2,125,925

Utilities

$ 3,911,527 $ 3,788,383

Total

$ 8,470,714 $ 7,229,973

Section 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Special Desegregation Programs Authority Lease Rentals Research Consortium Eminent Scholars Program
Capital Outlay Total Funds Budgeted Departmental Income Sponsored Income Other Funds ............ ........... Indirect DOAS Services Funding ....... State Funds Budgeted .................. ...

$654,747,800
$692,559,508 $100,000,000
$190,131,372 $116,000,000 $10,000,000
$328,875 $363,741
$--0-- $--0-- $--0-- $750,000 $1,110,133,496 $27,000,000 $216,000,000 $209,358,396 ........... $3,027,300 ... . . . . $654,747,800

B. Budget Unit: Regents Central Office and Other Organized Activities ...... ....
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs
Sponsored Operations Operating Expenses:
Educ., Gen., and Dept. Svcs
Sponsored Operations Fire Ant and Environmental
Toxicology Research Agricultural Research

$137,718,008
$178,542,229 $49,915,234
$74,485,198 $23,469,674
$267,521 $1,664,460

2280

JOURNAL OF THE SENATE

Advanced Technology

Development Center ............................................ $1,215,015

Capitation Contracts for

Family Practice Residency ...................................... $2,655,750

Residency Capitation Grants

$2,381,730

Student Preceptorships ............................................. $158,000

Center for Rehabilitation

Technology ...................................................... $667,324

SREB Payments ................................................ $12,215,450

Medical Scholarships ............................................... $729,262

Regents Opportunity Grants ........................................ $600,000

Regents Scholarships ............................................... $200,000

Rental Payments to Georgia

Military College .................................................. $739,618

CRT Inc. Contract at Georgia Tech

Research Institute ................................................ $206,000

Total Funds Budgeted .......................................... $350,112,465

Departmental Income................................................ $--0--

Sponsored Income............................................... $73,384,908

Other Funds ................................................... $139,009,549

Indirect DOAS Services Funding ..................................... $--0--

State Funds Budgeted .......................................... $137,718,008

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

$ 1,804,450 $ 1,117,542

Skidaway Institute of Oceanography

$ 1,846,918 $ 1,446,918

Marine Institute

$ 1,204,089 $

883,390

Georgia Tech Research Institute

$ 95,986,875 $ 11,451,120

Engineering Extension Division

$ 5,674,928 $ 1,780,728

Agricultural Experiment Station

$ 47,642,762 $ 31,635,975

Cooperative Extension Service

$ 45,171,634 $ 30,444,934

Eugene Talmadge Memorial Hospital

$ 116,715,805 $ 30,723,196

Veterinary Medicine Experiment Station

$ 2,786,338 $ 2,786,338

Veterinary Medicine Teaching Hospital

$ 2,294,185 $

461,185

Joint Board of Family Practice

$ 5,539,118 $ 5,539,118

Georgia Radiation Therapy Center

$ 1,743,722 $

-0-

Athens and Tifton Veterinary Laboratories

$ 2,275,647 $

21,570

Regents Central Office

$ 19,425,994 $ 19,425,994

MONDAY, MARCH 7, 1988

2281

Total

$ 350,112,465 $ 137,718,008

C. Budget Unit: Georgia Public Telecommunications Commission ....... $6,049,637 Public Telecommunications Commission Budget: Personal Services ................................................ $5,015,766 Operating Expenses .............................................. $5,247,823 Total Funds Budgeted ........................................... $10,263,589 Other Funds ..................................................... $4,213,952 State Funds Budgeted ............................................ $6,049,637

Section 35. Department of Revenue.

Budget Unit: Department of Revenue ............................... $66,337,584

Operations Budget:

Personal Services................................................ $41,541,962

Regular Operating Expenses....................................... $3,844,973

Travel .......................................................... $1,467,725

Motor Vehicle Purchases............................................ $156,600

Equipment ........................................................ $378,300

Computer Charges ............................................... $8,449,538

Real Estate Rentals .............................................. $2,621,859

Telecommunications ................................................ $609,037

Per Diem, Fees and Contracts ....................................... $215,000

County Tax Officials/Retirement

and FICA ..................................................... $1,769,340

Grants to Counties/Appraisal

Staff

. . . . . $1,430,000

Motor V hide Tags and Decals .......

. $5,230,750

Postage

$2,467,500

ids Budgeted ...............

. $70,182,584

)OAS Services Funding .

. . $3,845,000

ids Budgeted ...............

. $66,337,584

Department of Revenue Functional Budgets

ninistration

Total Funds $ 4,032,103

State Funds $ 4,032,103

Internal Administration

$ 9,130,168 $ 9,030,172

Electronic Data recessing

$ 4,583,858 $ 4,583,858

Field Services Income Tax Unit

$ 13,813,874 $ 13,723,874 $ 7,482,163 $ 6,082,171

Motor Vehicle Unit

$ 16,923,728 $ 14,868,728

Central Audit Unit

$ 5,999,893 $ 5,999,893

Property Tax Unit

$ 3,938,292 $ 3,938,292

Sales Tax Unit Total

$ 4,278,505 $ 4,078,493 $ 70,182,584 $ 66,337,584

Section 36. Secretary of State. Budget it: Secretary of State ... Person Services ................... Regula )perating Expenses .......... Travel Motor :hicle Purchases ............. Equipmenit ......................... Charges .................. ite Rentals .................

$19,950,631 $12,974,247 . . . . . $2,381,489 ....... $229,000 ....... $134,000 ........ $80,520 ....... $603,675 . . . $2,171,939

2282

JOURNAL OF THE SENATE

Telecommunications ...................................... Per Diem, Fees and Contracts Election Expenses ........................................ Total Funds Budgeted .................................... State Funds Budgeted ....................................

Secretary of State Functional Budgets

Total Funds

Internal Administration Archives and Records

2,765,796 4,416,997

Business Services and Regulation

3,671,801

Elections and Campaign Disclosure

$ 1,117,041

Drugs and Narcotics

$

856,817

State Ethics Commissliion

$

175,711

Occupational Certificaition

$ 6,946,468

Total

$ 19,950,631

Occupational Certification Functional Budgets

Board Costs

S.B. of Accountancy S.B. of Architects

$

57,500

$

79,725

S.B. of Athletic Trainleers

$

850

Georgia Auctioneers Commission

$

7,350

S.B. of Barbers

$

24,000

G.B. of Chiropractic Examiners

21,000

State Construction Industry Licensing Board

92,000

S.B. of Cosmetology

55,000

G.B. of Dentistry

55,800

G.B. of Examiners of Licensed Dieticians

13,300

S.B. of Professional Engineers and Land Surveyors

64,700

S.B. of Registration for Foresters
S.B. of Funeral Services
S.B. of Registration for Professional Geologists

3,100 23,000
3,700

S.B. of Hearing Aid Dealers and Dispensers
G.B. of Landscape Architects

7,600 15,800

$267,642 $608,119 $500,000 $19,950,631 $19,950,631

State Funds $ 2,765,796 $ 4,416,997

$ 3,671,801

$ 1,117,041

$

856,817

$

175,711

$ 6,946,468

$ 19,950,631

Cost of Operations

$

247,950

$

190,876

$

4,355

$

46,865

$

153,756

$

132,730

$

542,083

$

847,430

$

292,361

$

29,911

$

300,000

$

33,925

$

219,515

$

23,511

$

22,979

$

46,457

MONDAY, MARCH 7, 1988

2283

S.B. for the Certification of Librarians
Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists
Composite S.B. of Medical Examiners
S.B. of Nursing Home Administrators
G.B. of Nursing
S.B. of Dispensing Opticians
S.B. of Examiners in Optometry
S.B. of Occupational Therapy
S.B. of Pharmacy
S.B. of Physical Therapy
S.B. of Podiatry Examiners
S.B. of Polygraph Examiners
G.B. of Examiners of Licensed Practical Nurses
G.B. of Private Detective and Security Agencies
S.B. of Examiners of Psychologists
S.B. of Recreation Examiners
S.B. of Examiners for Speech Pathology and Audiology
S.B. of Registration for Used Car Dealers
S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers
S.B. of Veterinary Medicine
S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis
Total
B. Budget Unit: Real Estate Commission Real Estate Commission Budget: Personal Services. . . ................ Regular Operating Expenses Travel .......................... . Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

2,600

17,932

32,500 $
102,000 $
12,200 $ 78,700 $ 8,600 $
18,000 $ 9,100 $ 86,500 $ 16,100 $ 6,700 $ 6,600 $
54,450 $
13,300 $
19,900 $ 6,850 $;
5,700 $
14,500 $

92,320
1,191,650
67,614 870,040 39,798
63,302 22,728 490,080 68,185 24,177 45,580
489,111
340,254
61,254 31,216
21,824
202,995

10,500 43,500

33,163 106,657

7,500 1,080,225

124,319
7,538,903
$1,323,867
$804,833 $138,070 $12,000 $17,000 $10,510 $166,354 $57,300

2284

JOURNAL OF THE SENATE

Telecommunications .......... Per Diem, Fees and Contracts . Total Funds Budgeted State Funds Budgeted ........
Real Estate Commission Functional Budget

Real Estate Commission

State Funds 1,323,867

$16,800 $101,000 $1,323,867 $1,323,867
Cost of Operations
1,363,867

Section 37. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee Soil and Water Conservation Budget: Personal Services................................. Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Purchases Equipment Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts County Conservation Grants ...................... Total Funds Budgeted ............................ State Funds Budgeted ............................

$1,591,571
$736,421 $135,236 $49,000 .... $--0--
$8,400 ... $10,750
. $44,276 $15,360 . . $125,732 $466,396 . $1,591,571 . $1,591,571

Section 38. Teachers' Retirement System.

Budget Unit: Teachers' Retirement System

Departmental Operations Budget:

Personal Services ................................

Regular Operating Expenses

Travel ..........................................

Equipment ......................................

Computer Charges

Real Estate Rentals ..............................

Telecommunications ..............................

Per Diem, Fees and Contracts

Cost-of-Living Increases for Local

Retirement System Members

Floor Fund for Local

Retirement Systems ............................

Post Retirement Benefit

Increases for Retirees ...........................

Total Funds Budgeted

...........

State Funds Budgeted ............................

$3,325,000
$2,510,686 $243,000 $25,500 $13,850
. $924,638 . $302,500
$85,000 $300,000
$2,425,000
$900,000
.... $--0-- . $7,730,174
$3,325,000

Section 39. Department of Transportation.

Budget Unit: Department of Transportation ........................ $473,551,307

For Public Roads and Bridges, for Grants to Counties for Road Construction

and Maintenance, and for other transportation activities.

Departmental Operations Budget:

Personal Services............................................... $201,183,708

Regular Operating Expenses...................................... $50,327,324

Travel .......................................................... $1,726,750

Motor Vehicle Purchases.......................................... $1,008,600

Equipment ...................................................... $4,361,648

Computer Charges ...................................

$2,048,045

MONDAY, MARCH 7, 1988

2285

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Grants to Counties ........................... Grants to Municipalities Capital Outlay--Airport Approach Aid and
Operational Improvements Capital Outlay--Airport Development Mass Transit Grants Savannah Harbor Maintenance Payments Spoilage Area Acquisition, Clearing, Preparation and
Dike Reconstruction G.O. Debt Sinking Fund Total Funds Budgeted State Funds Budgeted

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction Maintenance and Betterments

$ 513,244,755 $ 209,595,522

Facilities and Equipment

$ 5,980,771

Assistance to Counties

$ 9,317,013

Administration

$ 18,920,939

Total

$ 757,059,000

General Funds Budget
Grants to Municipalities
Paving at State and Local Schools and State Institutions
Air Transportation Inter-Modal Transfer
Facilities Harbor Maintenance
Activities
Maintenance and Betterments Total

Total Funds $ 9,317,000

$

750,000

$ 1,476,831

$ 15,444,089

$ 2,815,000 $ 11,000,000 $ 40,802,920

Section 40. Department of Veterans Service. Budget Unit: Department of Veterans Service Departmental Operations Budget: Personal Services Regular Operating Expenses Travel .................................. Motor Vehicle Purchases Equipment .............................. Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay ........................... Operating Expense/Payments to Central State Hospital

$1,292,155 $1,914,586 $8,345,601 $460,031,518 $9,317,013 $9,317,000
$1,285,000 $1,270,000 $10,617,972 $1,240,000
$1,575,000 $31,000,000 . . . $797,861,920 . . $473,551,307

State Funds $ 220,665,451 $ 198,120,826 $ 5,305,771 $ 9,317,013 $ 18,590,939 $ 452,000,000

State Funds

$

317,000

$

750,000

$

976,831

5,692,476

2,815,000 11,000,000 21,551,307

$17,183,925
$4,268,260 $105,096 $89,000
.... $--0-- $90,300
... $4,142 . . $218,397
$58,500 $15,400 .... $--0--
$10,154,540

2286

JOURNAL OF THE SENATE

Operating Expense/Payments to Medical College of Georgia
Regular Operating Expenses for Projects and Insurance
Total Funds Budgeted State Funds Budgeted
Veterans Service Functional Budgets

$5,283,458
$118,000 $20,405,093 $17,183,925

Veterans Assistance
Veterans Home and Nursing Facility--Milledgeville
Veterans Nursing Home--Augusta
Total

Total Funds $ 4,753,359
$ 10,268,540
$ 5,383,194 $ 20,405,093

State Funds 4,522,722
$ 8,394,009
4,267,194 17,183,925

Section 41. Workers' Compensation Board. Budget Unit: Workers' Compensation Board Operations Budget: Personal Services. ........................................ Regular Operating Expenses Travel .................................................. Motor Vehicle Purchases Equipment .............................................. Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Total Funds Budgeted State Funds Budgeted

$7,200,471
. . $5,757,217 .... $258,241
$62,000 ..... $--0--
$43,142 $288,131 $593,985 $95,700 $152,055 $7,250,471 $7,200,471

Section 42. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)

$274,152,959

Section 43. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 44. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.

Section 45. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court

MONDAY, MARCH 7, 1988

2287

Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 46. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 47. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 48. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 49. Provisions Relative to Section 10, Department of Administrative Services. The Department of Administrative Services is authorized to issue a request for proposal for the acquisition of a new mainframe computer; and, to conduct benchmark tests on the com puters proposed by vendors which meet specifications. No purchase shall be made until funds are appropriated in a future appropriations bill.
Section 50. Provisions Relative to Section 14, Department of Corrections. The Depart ment of Corrections is authorized to obtain approval for all of the correctional officer series above the correctional officer II level to be up-graded.
Section 51. Provisions Relative to Section 16, State Board of Education-Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,419.59. In addition, all local school system allotments for Quality Basic Edu cation shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 16, funds are designated and committed for the purpose of Special Education Low-Incidence Grants to finance the direct instructional costs for low-incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $500,000 for FY 1989.
From the Appropriations in Section 16, funds in the amount of up to $352,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Edu cation. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1989 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's

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policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated mem ber system to contribute at least the same equivalent amount during SFY 1989 that it con tributed during SFY 1988.

Provided, however, that professional development funds may be used to provide study grants directly to individuals, to provide for courses and to provide for the administration and development of testing.

Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.

Section 52. Provisions Relative to Section 17, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by nineteen one-hundredths of one percent of salaries to fund one and one-half percent cost of living increases on July 1, 1988, and January 1, 1989.

The System is further authorized to increase the employer contribution rate by twentytwo one-hundredths of one per cent of salaries to fund the provisions of HB 358.

Section 53. Provisions Relative to Section 22, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Depen dent Children benefit payments utilizing a factor of 71.75% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of appli cation; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$ 208 315 376 444 508 551 596 633 666 713 763

Maximum Monthly Amount
$ 149 226 270 319 364 395 428 454 478 512 547

It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of the MH-MR-SA insti tutions for fiscal year 1989 that was authorized in fiscal year 1987.

Section 54. Provisions Relative to Section 28, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $153.75 per merit system budg eted position for the cost of departmental operations.

It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1989 shall not exceed eight percent (8.00%).

The Department is authorized to make a study of grade differentials of captains in the Georgia State Patrol.

Section 55. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (De partment of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.

From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and

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municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Area Planning and Development Com missions which employ Preservation Planners as of July, 1988.
Section 56. Provisions Relative to Section 34, Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capital Out lay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
Section 57. Provisions Relative to Section 30, Board of Postsecondary Education. None of the State funds appropriated in Section 30 may be used for the purpose of plan ning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 58. Provisions Relative to Section 31, Department of Public Safety. The Police Academy is to expend funds for the purposes of the Coroner's Training Courses.
Section 59. Provisions Relative to Section 35, Department of Revenue. From the ap propriation in Section 35 (Department of Revenue) relating to motor vehicle tag and decal purchases the department is authorized to use available funds for the purchase of either 1983 or 1990 motor vehicle tags.
Section 60. Provisions Relative to Section 39, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 39 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-

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owned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 61. In addition to all other appropriations for the State fiscal year ending June 30, 1989, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $7,420,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retarda tion institutions ($7,300,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the opera tion of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administra tive Services from agency fund collections.
Section 62. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 63. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 64. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 65. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.

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Section 66. Bach agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 67. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 68. No State funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommuni cations Network either directly or indirectly.
Section 69. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 70. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1988 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be trans ferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior ap proval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria tions Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, com mission, institution or other agency of this State are in violation of this Section or in viola tion of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget.
Section 71. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combina tion of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

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For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.
Section 72. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 73. Delayed Hiring Factor by Department.

Dept. of Agriculture Dept. of Corrections "A" Dept. of Corrections "B" Dept. of Defense Dept. of Human Resources "A" Dept. of Human Resources "B" Georgia Insurance Comm. Merit System of Pers. Admin. Dept. of Natural Resources Dept. of Public Safety "A" Dept. of Public Safety "B" Public Service Commission Secretary of State Dept. of Veterans Services Workers' Compensation Board

$ 64,112

$ 4,682,525

$ 77,635

$ 5,000

$ 3,726,020

$ 4,310,300

$

800

$ 4,456

$ 347,031

$ 268,000

$ 158,000

$ 3,077

$ 20,569

$ 3,706

$ 40,220

Section 74. Cost-of-Living Increases. In addition to all other appropriations for the State Fiscal Year ending June 30, 1989, there is hereby appropriated $49,582,639 as recom mended by the Governor for the purposes described herein: 1.) For full-time employees of the Executive Branch of State government, a 2.5% increase, effective July 1, 1988; 2.) For certified personnel and employees of the Board of Postsecondary Vocational Education, a 3% increase effective September 1, 1988; 3.) For University System employees, a 2.5% in crease effective September 1, 1988, for academic contracted personnel and a 2.5% salary increase, effective July 1, 1988, for non-academic personnel, fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 4.) A 2.5% increase for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4. The Georgia Building Authority is authorized to provide a 2.5% cost-of-living increase for employees, effective July 1, 1988.

In addition, $596,635 is appropriated for upgrading selected classifications as recom mended by the State Merit System, $2,025,000 is appropriated for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System, and $2,300,000 is appropriated to fund HB 358 as passed in the 1988 Regular Session.

Section 75. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1989 ........................... $6,254,000,000

Section 76. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 77. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 1277.

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2293

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Hine Howard Hudgins Huggins Johnson Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun

Dawkins

Harrison

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1277.

The following local bill of the House was taken up for the purpose of considering the House substitute to the Senate substitute thereto:

HB 1646. By Representatives Williams of the 48th, Richardson of the 52nd, Davis of the 45th and others:
A bill to provide that each resident of the DeKalb County School District who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes.

The House substitute to the Senate substitute to HB 1646 was as follows:

A BILL
To be entitled an Act to provide that each resident of the DeKalb County School Dis trict who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes in the amount of $14,000.00 of the value of the homestead of such resident; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each resident of the DeKalb County School District who is 65 years of age or over or who is disabled is granted an exemption from all DeKalb County School District ad valorem taxes in the amount of $14,000.00 of the value of the resident's home-

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stead owned and occupied by such resident as a residence if the resident's net income, as defined by Georgia law, as now or hereafter amended, together with the net income of the resident's spouse and all other members of the resident's family who also reside at and occupy such homestead does not exceed $15,000.00 for the immediately preceding taxable year.

(b) For the purpose of this section, net income shall not include income received as retirement or survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system; except such income which is in excess of the maximum amount authorized to be paid to an individual and spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. In order to qualify for the exemption provided for in this section as being disabled, the person claim ing such exemption shall be required to obtain a certificate from not more than three physi cians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.

(c) A qualified resident of the DeKalb County School District shall not receive the ben efits of the homestead provided for in this section unless the resident, or an agent acting in behalf of such resident, files an affidavit with the tax commissioner of DeKalb County giving the resident's age, or if disabled, the certificate or certificates provided for in subsection (b) of this section, the amount of income which the resident and the resident's spouse and other members of the resident's family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commis sioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereaf ter be amended, shall apply thereto; provided, however, that after any such resident has filed the proper affidavit and certificate or certificates if disabled, as provided in this sec tion, and has been allowed the exemption provided in this section, it shall not be necessary that the resident make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such resident. It shall be the duty of any resident of the DeKalb County School District who has claimed the home stead exemption provided for in this section to notify the tax commissioner in the event the resident becomes ineligible for any reason to receive such homestead exemption. The home stead exemption provided for in this section shall apply to all taxable years beginning on and after January 1, 1989.

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks imme diately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County District ad valorem taxes in the amount of $14,000.00 of the value of the homestead of such resident?"

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All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1989.
The expense of such election shall be borne by DeKalb County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Stumbaugh of the 55th moved that the Senate agree to the House substitute to the Senate substitute to HB 1646.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to the Senate substitute to HB 1646.
The following bill of the Senate was taken up for the purpose of considering the House amendment to the Senate amendment to the House substitute thereto:
SB 367. By Senators Peevy of the 48th, Allgood of the 22nd, Stumbaugh of the 55th and others:
A bill to amend Code Section 31-9-6 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.
The House amendment was as follows:
Amend the Senate Amendment to the House Substitute to SB 367 by striking on page 1, line 17, the figure "18" and inserting in lieu thereof "19" and by striking all on lines 19 through 23, page 1, and inserting in lieu thereof the following:
"; provided, however, that if such consent is obtained in conjunction with the admission of the patient to a hospital for the performance of such procedure the consent shall be valid for a period of 30 days from the date of admission or for the period of time the person is confined in the hospital for that purpose, whichever is greater."
The President ruled that the House amendment to the Senate amendment to the House substitute to SB 367 was out of order.
Senator Peevy of the 48th moved that the Senate adhere to the Senate amendment to the House substitute to SB 367 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 367.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Peevy of the 48th, Crumbley of the 17th and Barnes of the 33rd.

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The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 197. By Senator Deal of the 49th: A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.
Senator Deal of the 49th moved that the Senate adhere to its disagreement to the House substitute to SB 197 and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 197.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Hine of the 52nd and Howard of the 42nd.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 908. By Representative Ramsey of the 3rd: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to remove the limit on the maximum amount of intangible recording tax payable; to convert the intangible recording tax to a documentary tax.
Senator Hudgins of the 15th moved that the Senate insist upon the Senate substitute to HB 908.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 908.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1785. By Representative Cummings of the 17th: A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.
Senator Hudgins of the 15th moved that the Senate insist upon the Senate amendment to HB 1785.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1785.
The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:
HB 1243. By Representative Edwards of the 112th: A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic by allowing chiropractors to utilize nutrition.

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The House amendment was as follows: Amend the Senate substitute to HB 1243 by striking the language beginning with the word "nor" on line 17, page 3, through the word "recommended" on line 21, page 3.
Senator Howard of the 42nd moved that the Senate disagree to the House amendment to the Senate substitute to HB 1243.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 1243.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1549. By Representatives Jackson of the 83rd, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Harris of the 84th and others: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for dental students; to except acts of willful or wanton misconduct; to pro vide that the liability of a medical facility, academic institution, or dentist is not affected.
Senator Baldwin of the 29th moved that the Senate adhere to the Senate substitute to HB 1549 and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1549.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Baldwin of the 29th, Deal of the 49th and Allgood of the 22nd.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to Senate amendment #1 as amended by the House, and has agreed to amendment #2 to the following bill of the House.
HB 1872. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th, Groover of the 99th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of popula tion bills.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 638. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for certificated personnel of local school systems; to provide a statement of purpose; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education.

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The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 597. By Senators Barnes of the 33rd and Ray of the 19th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, so as to expand the defini tion of "project"; to provide for certain powers and authorities of the Depart ment of Natural Resources relative to the Georgia Hazardous Waste Manage ment Authority; to limit certain liability of the members and officers and employees of the authority.
The House substitute to SB 597 was as follows:
A BILL
To be entitled an Act to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, so as to expand the definition of project; to provide for certain powers and authorities of the Department of Industry and Trade relative to the Georgia Hazardous Waste Management Authority; to limit certain lia bility of the members and officers and employees of the authority; to provide for intent; to assign the authority to the Office of Planning and Budget; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, is amended by striking paragraph (3) of Code Section 12-8-101, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Project' means one or a combination of two or more of the following: the design, construction, operation, or management of one or more hazardous waste facilities, as that term is defined in Code Section 12-8-62, such facilities to be located in this state. The de sign, construction, operation, or management of a hazardous waste facility or facilities shall apply to all real property, structures, and facilities of every kind and character necessary or convenient for the efficient operation of a hazardous waste facility or facilities. The con struction, operation, and management of a hazardous waste facility or facilities would be for the purpose of providing a site or sites and a facility or facilities for the safe disposal and control of hazardous waste, as that term is defined in Code Section 12-8-62, consistent with the protection of the health, safety, and welfare of the citizens of this state and of the environment, and for the purpose of promoting and encouraging the prosperous develop ment and protection of the legitimate interest and welfare of Georgia business, industry, and commerce, within and outside of the state. The term 'project' may also include creating the capacity or increasing the capacity of an existing facility so as to provide for the treat ment, storage, or disposal of any solid waste which requires or is appropriate for special handling."
Section 2. Said article is further amended by adding between Code Section 12-8-103 and Code Section 12-8-104 the following:
"12-8-103.1. The Department of Industry and Trade is authorized to plan, construct, acquire, repair, remodel, maintain, add to, extend, improve, equip, operate, manage, and own a project. The Department of Industry and Trade is authorized to acquire in the name of the state, by purchase, lease, agreement, or condemnation, such land as it may deem necessary or proper for a project. The costs of any such project may be paid from appropria tions or from the proceeds of state general obligation or guaranteed revenue debt. The De partment of Industry and Trade is authorized to contract with the authority; the State Properties Commission; the Georgia State Financing and Investment Commission; or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project.

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12-8-103.2. Except for gross negligence or willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of their responsibilities, shall be subject to any liability resulting from:
(1) The design, construction, ownership, maintenance, operation, or management of a project; or
(2) Carrying out any of the discretionary powers or duties expressly provided for in this article."
Section 3. Said article is further amended by adding between Code Section 12-8-112 and Code Section 12-8-113 the following:
"12-8-112.1. It is the policy of the State of Georgia to encourage generators of hazard ous waste to minimize to the greatest extent possible the amount of hazardous waste which requires treatment, storage, or disposal through reuse, recycling, source substitution, treat ment, and other methods; and the authority is authorized to charge for the use of its facili ties and its services so as to further this policy.
12-8-112.2. The authority is assigned to the Office of Planning and Budget for adminis trative purposes. The Office of Planning and Budget is authorized to provide such staff and other administrative services as may be needed by the authority."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 597.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes
Broun oBCouylre!tomnnan Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster
Garner Harris
Hine H,HTuugdggmi nss Johnson Kennedy Kidd Langford McGill Newbill Olmstead

Perry Phillips Ragan of 10th
Ragan of 32nd Ray
Scott of 36th SSo*htaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator McKenzie.

Those not voting were Senators:

Bowen Brannon Coverdell

Gillis Harrison Howard

Land Peevy Scott of 2nd

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 597.

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JOURNAL OF THE SENATE

The President announced that the Senate would stand in recess from 12:21 o'clock P.M. until 1:45 o'clock P.M.

At 1:45 o'clock P.M., the President called the Senate to order.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons.

The Conference Committee report on HB 1268 was as follows:

The Committee of Conference on HB 1268 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1268 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Bud Stumbaugh Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ J. Crawford Ware Representative, 77th District
/s/ Ken Workman Representative, 51st District
/s/ Denmark Groover, Jr. Representative, 99th District

Conference Committee substitute to HB 1268:

A BILL
To be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for delivery in this state shall be mailed or delivered for certain enumerated reasons; to provide that no notice refusing the renewal of certain coverages in a residential real property policy issued for de livery in this state shall be mailed or delivered for certain enumerated reasons; to provide exceptions; to provide certain definitions; to provide that no claim or action may be main tained on an alleged unlawful nonrenewal unless a. certain notice is filed; to provide for the contents of certain notices; to provide for renewals in cases of termination of agency rela tionships; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and deliv ered by the same insurer and providing no less than the coverage contained in the super seded policy or issuance and delivery of a certificate or notice extending the term of a policy

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2301

beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continua tion premium; provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Code section, except in case of termination under any of the circumstances specified in subsection (f) of this Code section; provided, further, that, for purposes of this Code section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of the policy shall be deemed a refusal to renew."
Section 2. Said chapter is further amended by inserting immediately following para graph (2) of subsection (e) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies, four new paragraphs, to be designated paragraphs (3), (4), (5), and (6) to read as follows:
"(3) No notice refusing the renewal of a policy issued for delivery in this state shall be mailed or delivered by an insurer or its agent duly authorized to effect such notice of nonre newal for the following reasons:
(A) Lack of, lack of potential for, or failure to agree to a writing of supporting insurance business;
(B) A change in the insurer's eligibility rules or underwriting rules, provided that this subparagraph shall not apply to a change in such rules if the change applies uniformly within a specific class or territory and such change has been approved by the Commissioner under subparagraph (B) of paragraph (4) of this subsection;
(C) With respect to any driver or with respect to any automobile or its replacement, except when the replacement is such that together with other relevant underwriting or eligi bility rules it would not have been insured as an original policy risk of the insurer, for two or fewer of the following within the preceding 36 month period:
(i) Accidents involving two or more motor vehicles in which the driver of the insured automobile under this subparagraph was not at fault;
(ii) Uninsured or underinsured motorist coverage claims;
(iii) Comprehensive coverage claims; and
(iv) Towing or road service coverage claims;
(D) Age, sex, location of residence address within the state, race, creed, national origin, ancestry, or marital status;
(E) Lawful occupation, provided that the insured automobile is not used in such occu pation and provided, further, that such automobile would have been insured as an original policy risk of the insurer when such occupation is considered together with other relevant underwriting or eligibility rules of the insurer;
(F) Military service, provided that the named insured has no change of legal residence from this state;
(G) Number of years of driving experience of a named insured or of any other operator who is either a resident in the same household or customarily an operator of an automobile insured under such policy;
(H) Accidents or violations which occurred more than 36 months prior to the expiration date or anniversary date of the policy;
(I) One claim against the policy based on fault if such coverage has been in effect con tinuously for at least 36 preceding months;

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(J) Notwithstanding subparagraph (H) of this paragraph, two claims against the policy based on fault if such coverage has been in effect continuously for at least 72 preceding months; and
(K) Factors not relating to the claims record, driving record, or driving ability of the named insured or of any other operator who is either a resident in the same household or customarily an operator of an automobile insured under such policy.
(4) (A) Notwithstanding paragraph (3) of this subsection, any reason set forth in sub section (c) of this Code section, relating to cancellation, shall also constitute a reason for nonrenewal.
(B) If the insurer demonstrates to the satisfaction of the Commissioner that renewal would violate the provisions of this title or would be hazardous to its policyholders or the public, subparagraph (B) or (K) of paragraph (3) shall not apply.
(5) (A) If the insurer complies with paragraph (1) of this subsection, no claim or action may be maintained with respect to a policy which is not renewed unless the named insured files a written notice with the insurer before the time at which nonrenewal becomes effec tive. The notice shall specify the manner in which the failure to renew is alleged to be unlawful under this subsection. In any subsequent action asserting a violation of this sub section, no violation of this subsection may be alleged other than the specific allegations contained in the notice filed by the named insured.
(B) In addition to other requirements, a notice of nonrenewal shall contain the provi sions of subparagraph (A) of this paragraph, in substantially the form which follows:
'NOTICE
Code Section 33-24-45 of the Official Code of Georgia Annotated provides that this in surer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.
If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.'
(6) (A) Notwithstanding paragraph (3) of this subsection, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured may apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing.
(B) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of subparagraph (A) of this paragraph, in substantially the form which follows:
'NOTICE
Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-45 of the Official Code of Georgia Annotated provides that if you apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a re newal and not as an application for a new policy.'"
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of

MONDAY, MARCH 7, 1988

2303

Code Section 33-24-46, relating to cancellation or norirenewal of certain property insurance policies, and inserting in its place a new subsection (b) to read as follows:
"(b) As used in this Code section, the term:
(1) 'NonrenewaF or 'nonrenewed' means a refusal by an insurer or an affiliate of such insurer to renew.
(2) 'Policies' means a policy insuring a natural person as named insured against direct loss to residential real property and the contents thereof, as defined and limited in standard fire policies as approved by the Commissioner.
(3) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy be yond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continua tion premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Code section. Any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a refusal to renew."
Section 4. Said chapter is further amended by adding at the end of Code Section 33-2446, relating to cancellation or nonrenewal of certain property insurance policies, four new subsections, to be designated subsections (j), (k), (1), and (m) to read as follows:
"(j) No notice refusing the renewal of a policy issued for delivery in this state shall be mailed or delivered by an insurer or its agent duly authorized to effect such notice of nonre newal for the following reasons:
(1) Lack of, lack of potential for, or failure to agree to a writing of supporting insurance business;
(2) A change in the insurer's eligibility rules or underwriting rules, provided that this paragraph shall not apply to a change in such rules if the change applies uniformly within a specific class or territory and such change has been approved by the Commissioner under subsection (k) of this Code section; and
(3) Two or fewer claims against the policy within the preceding 36 month period if such claims are not attributable to the negligent or intentional acts of the insured or of persons residing at the insured premises.
(k) If the insurer demonstrates to the satisfaction of the Commissioner that renewal would violate the provisions of this title or would be hazardous to its policyholders or the public, paragraph (2) of subsection (j) shall not apply.
(1) (1) If the insurer complies with subsection (d) of this Code section, no claim or action may be maintained with respect to a policy which is not renewed unless the named insurer files a written notice with the insurer before the time at which nonrenewal becomes effective. The notice shall specify the manner in which the failure to renew is alleged to be unlawful under this subsection. In any subsequent action asserting a violation of subsection (c), (j), or (k) of this Code section, no violation may be alleged other than the specific allega tions contained in the notice filed by the named insured.

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JOURNAL OF THE SENATE

(2) In addition to other requirements, a notice of nonrenewal shall contain the provi sions of paragraph (1) of this subsection in substantially the form which follows:
'NOTICE
Code Section 33-24-46 of the Official Code of Georgia Annotated provides that this in surer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.
If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.'
(m) (1) Notwithstanding subsection (j) of this Code section, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured may apply for the policy with another agent of the insurer before the time at which the nonre newal becomes effective. Upon receipt of the application, the insurer shall treat the applica tion as a renewal and not as an original writing.
(2) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of paragraph (1) of this subsection, in substantially the form which follows:
'NOTICE
Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-46 of the Official Code of Georgia Annotated provides that if you apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a re newal and not as an application for a new policy.' "
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Stumbaugh of the 55th moved that the Senate adopt the Conference Commit tee report on HB 1268.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Brannon
Bryant Burton CDrauwmkbinles y jjeai Dean Echols Edge

English Fincher Foster Garner
Gillis TT ^HlTM ne Huggins Johnson Kennedy McGill

McKenzie Olmstead Peevy Ragan of 10th
Ragan of 32nd r> fS*cott of.,2nd, Scott of 36th Stumbaugh Turner Tysinger

Those not voting were Senators:

Allgood Barker Bowen Broun

Coleman Coverdell Engram Harrison

Howard Hudgins Kidd Land

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2305

Langford Newbill Perry Phillips

Shumake Starr Tate

Taylor Timmons Walker

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1268.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1605. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to eliminate and repeal the provi sions relative to the automatic repeal of the chapter.

Senator Ray of the 19th moved that the Senate recede from the Senate amendment to HB 1605.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Dawkins
Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Hine Huggins Kennedy Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Ray Scott of 2nd
Starr Timmons Turner Walker

Voting in the negative were Senators Stumbaugh and Tysinger.

Those not voting were Senators:

Allgood Barker Crumbley Harrison

Howard Hudgins Johnson Kidd

Scott of 36th Shumake Tate Taylor

On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate receded from the Senate amendment to HB 1605.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Edwards of the 112th and others:
A bill to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

The Conference Committee report on HB 1350 was as follows:

The Committee of Conference on HB 1350 recommends that the House of Representa tives recede from its position and that HB 1350 as it passed the Senate be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ R. T. Phillips Senator, 9th District
/s/ Donn M. Peevy Senator, 48th District
/s/ Arthur B. Edge Senator, 28th District

FOR THE HOUSE OF REPRESENTATIVES:
Is,/ John G. Crawford Representative, 5th District
/s/ Walter E. Cox Representative, 141st District
/s/ Charles Bannister Representative, 62nd District

Senator Phillips of the 9th moved that the Senate adopt the Conference Committee report on HB 1350.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Brannon Broun
Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis Harris Hine
Huggins Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Barnes English Harrison

Howard Hudgins Johnson Kennedy (presiding) Kidd

McKenzie Scott of 36th Shumake Tate

MONDAY, MARCH 7, 1988

2307

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1350.

The following bill of the House was taken up for the purpose of considering the House amendment to Senate amendment No. 1 thereto:

HB 1872. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of popula tion bills.

The House amendment was as follows:
Amend Senate amendment No. 1 by adding after the word "paragraph" on line 30, page 1, the following:
"with respect to specific subject matter contained in such bills on July 1, 1988."

Senator Turner of the 8th moved that the Senate agree to the House amendment to Senate amendment No. 1 to HB 1872.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Bowen Brannon B roun Bryant CBoulretomnan
Coverdell Crumbley
Dawkins Deal
Dean

Edge English Engram Fincher Fster Garner HGialrlirsis
Huggins Land
Langford McGill
Olmstead

Peevy Perry Ragan of 10th Ragan of 32nd Scott of 2nd Stair S,,,tumb, augh,
Taylor Timmons
Turner Tysinger
Walker

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Albert Allgood BEcahrnoelss
Harrison
Hine

Howard Hudgins JKoehnnnseodny (presiding)
Kidd
McKenzie

Phillips Ray bccot,,t of,. 3QC6t.,n
Shumake
Tate

On the motion, the yeas were 38, nays 1; the motion prevailed, and the Senate agreed to the House amendment to Senate amendment No. 1 to HB 1872.

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JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd and others:
A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsi bility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capac ity to appreciate the wrongfulness of the conduct.

The Conference Committee report on HB 878 was as follows:

The Committee of Conference on HB 878 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 878 be adopted.
Respectfully submitted,

FOR THE SENATE:
/S/ Alex Crumbley Senator, 17th District
/s/ Wayne Garner Senator, 30th District
/s/ Nathan Dean Senator, 31st District

FOR THE HOUSE OF REPRESENTATIVES:
/si Charles A. Thomas, Jr. Representative, 69th District
/s/ Denmark Groover Representative, 99th District
/s/ Roy L. Alien Representative, 127th District

Conference Committee substitute to HB 878:

A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change certain provisions relating to proceedings upon a plea of insanity or mental incompetency; to provide for a definition; to prohibit the death penalty and provide for sentencing a defendant to imprisonment for life in certain cases where the defendant is found guilty but mentally ill; to provide for procedures; to provide for applicability; to delete the provisions precluding a trial to determine the sanity of a person who has been convicted of a capital offense and establishing procedures for the Governor to determine the sanity of a person convicted of a capital offense; to provide for definitions; to provide that certain persons shall not be executed; to provide procedures for determining mental competency to be executed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal proce dure, is amended by striking Code Section 17-7-131, relating to proceedings upon a plea of insanity or mental incompetency, and inserting in its place a new Code Section 17-7-131 to read as follows:
"17-7-131. (a) For purposes of this Code section, the term:
(1) 'Insane at the time of the crime' means meeting the criteria of Code Section 16-3-2 or Code Section 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct.
(2) 'Mentally ill' means having a disorder of thought or mood which significantly im-

MONDAY, MARCH 7, 1988

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pairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. However, the term 'mental illness' shall not include a mental state mani fested only by repeated unlawful or antisocial conduct.
(3) 'Mentally retarded' means having significantly subaverage general intellectual func tioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period.
(b) (1) In all cases in which the defense of insanity is interposed, the jury, or the court if tried by it, shall find whether the defendant is:
(A) Guilty;
(B) Not guilty;
(C) Not guilty by reason of insanity at the time of the crime;
(D) Guilty but mentally ill at the time of the crime, but the finding of guilty but men tally ill shall be made only in felony cases; or
(E) Guilty but mentally retarded but the finding of mental retardation shall be made only in felony cases.
(2) A plea of guilty but mentally ill at the time of the crime or a plea of guilty but mentally retarded shall not be accepted until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psy chiatric reports, held a hearing on the issue of the defendant's mental condition, and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense or mentally retarded to which the plea is entered.
(3) In all cases in which the defense of insanity is interposed, the trial judge shall charge the jury, in addition to other appropriate charges, the following:
(A) I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, this court will maintain custody and control of the defendant until the court is satisfied that the defendant is not a danger to himself or to others.
(B) I charge you that should you find the defendant guilty but mentally ill at the time of the crime, the defendant will be given over to the Department of Corrections or the Department of Human Resources, as the mental condition of the defendant may warrant.
(C) I charge you that should you find the defendant guilty but mentally retarded, the defendant will be given over to the Department of Corrections or the Department of Human Resources, as the mental condition of the defendant may warrant.
(c) In all criminal trials in any of the courts of this state wherein an accused shall contend that he was insane or otherwise mentally incompetent under the law at the time the act or acts charged against him were committed, the trial judge shall instruct the jury that they may consider, in addition to verdicts of 'guilty' and 'not guilty,' the additional verdicts of 'not guilty by reason of insanity at the time of the crime', 'guilty but mentally ill at the time of the crime', and 'guilty but mentally retarded.'
(1) The defendant may be found 'not guilty by reason of insanity at the time of the crime' if he meets the criteria of Code Section 16-3-2 or 16-3-3 at the time of the commis sion of the crime. If the court or jury should make such finding, it shall so specify in its verdict.
(2) The defendant may be found 'guilty but mentally ill at the time of the crime' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and was mentally ill at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict.
(3) The defendant may be found 'guilty but mentally retarded' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the

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crime charged and is mentally retarded. If the court or jury should make such finding, it shall so specify in its verdict.
(d) Whenever a defendant is found not guilty by reason of insanity at the time of the crime, the court shall retain jurisdiction over the person so acquitted and shall order such person to be detained in a state mental health facility, to be selected by the Department of Human Resources, for a period not to exceed 30 days from the date of the acquittal order, for evaluation of the defendant's present mental condition. Upon completion of the evalua tion, the proper officials of the mental health facility shall send a report of the defendant's present mental condition to the trial judge, the prosecuting attorney, and the defendant's attorney, if any.
(e) After the expiration of the 30 days evaluation period in the state mental health facility, if the evaluation report from the Department of Human Resources indicates that the defendant does not meet the commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the trial judge may issue an order discharging the defendant from custody with out a hearing. If the defendant is not so discharged, the trial judge shall order a hearing to determine whether the defendant should be committed to the Department of Human Re sources. The defendant shall be detained in custody until completion of the hearing. The hearing shall be conducted at the earliest opportunity after the expiration of the 30 days evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment or currently mentally retarded and in need of being ordered to receive services, as those terms are defined by paragraph (12) of Code Section 373-1 and Code Section 37-4-40. The prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing. If the judge determines that the defendant meets the commitment criteria of Chapter 3 or 4 of Title 37, the judge shall order the defendant to be committed to the Department of Human Resources to receive involuntary treatment under Chapter 3 of Title 37 or to receive services under Chapter 4 of Title 37. The defendant is entitled to the following rights specified below and shall be notified in writing of these rights at the time of his admission for evaluation under subsection (d) of this Code section. Such rights are:
(1) A notice that a hearing will be held and the time and place thereof;
(2) A notice that the defendant has the right to counsel and that the defendant or his representatives may apply immediately to the court to have counsel appointed if the de fendant cannot afford counsel and that the court will appoint counsel for the defendant unless he indicates in writing that he does not desire to be represented by counsel;
(3) The right to confront and cross-examine witnesses and to offer evidence;
(4) The right to subpoena witnesses and to require testimony before the court in person or by deposition from any person upon whose evaluation the decision of the court may rest;
(5) Notice of the right to have established an individualized service plan specifically tailored to the person's treatment needs, as such plans are defined in Chapter 3 of Title 37 and Chapter 4 of Title 37; and
(6) A notice that the defendant has the right to be examined by a physician or a li censed clinical psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of Chapter 3 of Title 37 or Chapter 4 of Title 37, whichever is applicable.
(f) A defendant who has been found not guilty by reason of insanity at the time of the crime and is ordered committed to the Department of Human Resources under subsection

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(e) of this Code section may only be discharged from that commitment by order of the committing court in accordance with the procedures specified in this subsection:
(1) Application for the release of a defendant who has been committed to the Depart ment of Human Resources under subsection (e) of this Code section upon the ground that he does not meet the civil commitment criteria under Chapter 3 of Title 37 or Chapter 4 of Title 37 may be made to the committing court, either by such defendant or by the superin tendent of the state hospital in which the said defendant is detained;
(2) The burden of proof in such release hearing shall be upon the applicant. The de fendant shall have the same rights in the release hearing as set forth in subsection (e) of this Code section; and
(3) If the finding of the court is adverse to release in such hearing held pursuant to this subsection on the grounds that such defendant does meet the civil commitment criteria, a further release application shall not be heard by the court until 12 months have elapsed from the date of the hearing upon the last preceding application.
(g) (1) Whenever a defendant is found guilty but mentally ill at the time of a felony or guilty but mentally retarded, or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense, except as otherwise provided in subsection (j) of this Code section. A defendant who is found guilty but mentally ill at the time of the felony or guilty but mentally retarded shall be evaluated by a psychiatrist or a licensed psychologist from the Department of Human Resources after sentencing and prior to transfer to a Department of Corrections facility. The Board of Human Resources shall develop appropriate rules and regulations for the im plementation of such procedures.
(2) If the defendant who is found guilty but mentally ill at the time of the felony or guilty but mentally retarded is not in need of immediate hospitalization, as indicated by the evaluation, then the defendant shall be committed to an appropriate penal facility and shall be further evaluated and then treated, within the limits of state funds appropriated there for, in such manner as is psychiatrically indicated for his mental illness or mental retardation.
(3) If at any time following the defendant's transfer to a penal facility it is determined that a transfer to the Department of Human Resources is psychiatrically indicated for his mental illness or mental retardation, then the defendant shall be transferred to the Depart ment of Human Resources pursuant to procedures set forth in regulations of the Depart ment of Corrections and the Department of Human Resources.
(4) If it is determined by the evaluation that the defendant found guilty but mentally ill at the time of the felony or guilty but mentally retarded is in need of immediate hospitaliza tion, then the defendant shall be transferred by the Department of Corrections to a mental health facility designated by the Department of Human Resources in accordance with rules and regulations of such departments.
(h) If a defendant who is found guilty but mentally ill at the time of a felony or guilty but mentally retarded is placed on probation under the 'State-wide Probation Act,' Article 2 of Chapter 8 of Title 42, the court may require that the defendant undergo available outpa tient medical or psychiatric treatment or seek similar available voluntary inpatient treat ment as a condition of probation. Persons required to receive such services may be charged fees by the provider of the services.
(i) In any case in which the defense of insanity is interposed or a plea of guilty but mentally ill at the time of the felony or a plea of guilty but mentally retarded is made and an examination is made of the defendant pursuant to Code Section 17-7-130.1 or paragraph (2) of subsection (b) of this Code section, upon the defendant being found guilty or guilty but mentally ill at the time of the crime or guilty but mentally retarded, a copy of any such examination report shall be forwarded to the Department of Corrections with the official sentencing document.

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(j) In the trial of any case in which the death penalty is sought which commences on or after the effective date of this subsection, should the judge find in accepting a plea of guilty but mentally retarded or the jury or court find in its verdict that the defendant is guilty of the crime charged but mentally retarded, the death penalty shall not be imposed and the court shall sentence the defendant to imprisonment for life."
Section 2. Said title is further amended by striking Article 3 of Chapter 10, relating to disposition of mentally incompetent persons convicted of capital offenses, which reads as follows:
"ARTICLE 3
17-10-60. No person who has been convicted of a capital ofFense shall be entitled to any inquisition or trial to determine his sanity.
17-10-61. Upon satisfactory evidence being offered to the Governor, showing reasonable grounds to believe that a person convicted of a capital offense has become insane subse quent to his conviction, the Governor may, in his discretion, have the convicted person ex amined by such expert physicians as the Governor may choose, the cost of the examination to be paid by the Governor out of the contingent fund. It shall be the responsibility of the Governor to cause the physicians to receive written instructions which plainly set forth the legal definitions of insanity as recognized by the laws of this state. The physicians shall, after making the necessary examination of the convicted person, report in writing to the Governor whether or not reasonable grounds exist to raise an issue that the person is insane under the standards previously specified to them by the Governor. The Governor may, if he determines that the convicted person has become insane, have the power of committing him to the custody of the Department of Human Resources until his sanity has been restored or determined to be restored as provided by law.
17-10-62. When any person shall, after conviction of a capital crime, become insane, and shall be so declared in accordance with Code Section 17-10-61, the convicted person shall be received into the custody of the Department of Human Resources and safety kept and treated as other adjudged insane persons. All the provisions of the law relating to insane persons under sentence of imprisonment shall apply to the class of cases herein provided for, so far as applicable.
17-10-63. If a convicted person committed under Code Section 17-10-61 recovers his sanity, the fact shall be at once certified by the superintendent of the state hospital to the judge of the court in which the conviction occurred. Whenever it shall appear to the judge by the certificate of the superintendent, or by inquiry or otherwise, that the convicted per son has recovered, he shall have the person removed to the jail of the county in which the conviction occurred or to some other correctional institution and shall fix a new date of execution as provided in Code Section 17-10-40. He shall issue a new order directing the sheriff to execute the sentence at such date and place as may be named in the order. The judge shall cause the new order and other proceedings in the case to be entered on the minutes of the court.",
and inserting in lieu thereof a new Article 3 to read as follows:
"ARTICLE 3
17-10-60. As used in this article, the term 'mentally incompetent to be executed" means that because of a mental condition the person is presently unable to know why he or she is being punished and understand the nature of the punishment.
17-10-61. A person under sentence of death shall not be executed when it is determined under the provisions of this article that the person is mentally incompetent to be executed as defined in Code Section 17-10-60.
17-10-62. Notwithstanding any other provision of this Code, this article provides the exclusive procedure for challenging mental competency to be executed when such challenge is made subsequent to the time of conviction and sentence.

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17-10-63. (a) An application brought under this article must be filed in the superior court of the county in which the applicant is being detained. The named respondent shall be the person having actual custody of the applicant.
(b) An application brought under this article shall identify the proceeding in which the applicant was convicted, give the date of the rendition and the final judgment complained of, set forth the fact that a time period for execution has been set, give the date of the signing of the order and the dates of the designated time period for execution, and shall clearly set forth alleged facts in support of the assertion that the applicant is presently mentally incompetent to be executed. The application shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The application shall identify any previous proceedings that the applicant may have taken challenging his mental competency to be executed or challenging his mental condition in relation to the conviction and sentence in question. Arguments and citations of authority shall be omitted from the application. The application must be verified with the oath of the applicant or of some other person in his behalf.
17-10-64. Service of an application brought under this article shall be made upon the person having custody of the applicant. If the applicant is being detained under the custody of the Department of Corrections, an additional copy of the application shall be served upon the Attorney General. If the applicant is being detained under the custody of some author ity other than the Department of Corrections, an additional copy of the petition shall be served upon the district attorney of the county in which the application is filed.
17-10-65. As soon as possible after the filing and docketing of the application under this article, the respondent shall answer the application. The court may schedule a case for a hearing prior to the filing of responsive pleadings but, in any event, shall schedule the case for a hearing as soon as possible so that the proceedings may move expeditiously.
17-10-66. (a) By filing an application under this article, the applicant specifically con sents to submit to a state examination for the purposes of assessing mental competency to be executed.
(b) Simultaneously with the filing of the application, the applicant, if he or she wishes the court to consider any request for appointment of an expert, shall file such a request and shall state specific facts in support of that request so that the court may determine if the applicant's mental competency to be executed is in fact a significant issue. The applicant shall further submit with the motion a specific statement as to the particular expert re quested, the nature of the examination to be conducted, the time period within which an examination can be conducted, and an estimate of the expenses to be incurred.
(c) If the applicant has filed a request for an examination as provided in subsection (b) of this Code section and the applicant makes a sufficient showing that his or her mental competency to be executed is a significant issue, the court shall appoint an expert to make an examination of the applicant, with such examination to be conducted as soon as possible. Payment for such expert shall be made by the Department of Corrections unless otherwise designated by the General Assembly.
17-10-67. An application under this article shall not be filed until completion of direct appeal and until an order has been signed by a judge of the trial court setting a time period for the execution.
17-10-68. (a) The court may receive proof by depositions, oral testimony, sworn affida vits, or other evidence.
(b) The taking of depositions shall be governed by Code Sections 9-11-26 through 9-1132 and 9-11-37.
(c) If a sworn affidavit is to be introduced into evidence by either party, the party intending to introduce such an affidavit shall cause it to be served upon the opposing party at least five days in advance of the date set for a hearing in the case or, in the event a hearing is set less than five days from the date of the filing of the application, as soon as

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possible so that opposing counsel has the opportunity to review the affidavit prior to the hearing. The affidavit so served shall be accompanied by notice of the party's intention to introduce it into evidence. The superior court judge considering the application may resolve disputed issues of fact upon the basis of sworn affidavits standing by themselves.
(d) After reviewing the pleadings and evidence offered at the hearing, the judge of the superior court hearing the case shall make written findings of fact and conclusions of law upon which the judgment is based. The findings of fact and conclusions of law shall be recorded as part of the record in the case.
(e) If the court finds in favor of the applicant by finding that the applicant has proven his or her mental incompetence to be executed by a preponderance of the evidence, the court shall enter an appropriate order with respect to any scheduled execution time period and shall enter such supplementary orders as necessary and proper. If the court denies the application, the court shall direct that immediate telephonic notification be given to the parties and any stay presently entered under this article shall be dissolved instanter.
17-10-69. If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to be executed, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a new hearing on the question of mental competency to be executed absent the applicant's making a prima-facie showing of a substantial change in circum stances sufficient to raise a significant question as to the applicant's mental competency to be executed at the time of filing of any subsequent applications.
17-10-70. (a) Appeals in cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the applicant no appeal shall be ordered unless the Supreme Court of this state issues a certificate of proba ble cause for the appeal.
(b) If an unsuccessful applicant desires to appeal, he or she must file a written applica tion for a certificate of probable cause to appeal with the clerk of the Supreme Court within three days of the entry of the order denying relief. The applicant shall also file within the same period a notice of appeal with the clerk of the concerned superior court. The Supreme Court shall either grant or deny the application within a reasonable time after filing. In order for the Supreme Court to consider fully the request for a certificate, the clerk of the concerned superior court shall forward, as in any other case, the record and transcript, if designated, to the clerk of the Supreme Court when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file a copy of the original record and a copy of the original transcript of proceedings. The clerk of the Supreme Court shall return the original record and transcript to the clerk of the concerned superior court upon completion of the appeal if the certificate is granted. If the Supreme Court denies the application for a certificate of probable cause, the clerk of the Supreme Court shall return the original record and transcript and shall notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal.
(c) If the trial court finds in favor of the applicant, no certificate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the respondent shall act as a supersedeas and shall stay the judgment of the superior court until there is a final adjudication by the Supreme Court.
17-10-71. If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or her mental competency, the fact shall be certified at once by the appropriate mental health official to the court initially mak ing the finding of mental incompetency. Upon such certification, that court shall enter an appropriate order noting receipt of certification and vacating any previously entered stay of execution. A copy of such order shall be sent to the sentencing court, at which time the sentencing court shall fix a new time period for execution as provided in Code Section 1710-40. The judge of the court which made the determination on the issue of mental compe-

MONDAY, MARCH 7, 1988

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tency shall cause the new order and other proceedings in the case to be presented on the minutes of the court."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Crumbley of the 17th moved that the Senate adopt the Conference Committee report on HB 878.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean Edge

Engram Fincher Foster Garner Harris Howard Huggins Kidd Langford McKenzie Newbill Olms tead

Peevy Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Tysinger Walker

Those voting in the negative were Senators:

Albert Bowen Echols English

Gillis Land McGill Perry

Ray Timmons Turner

Those not voting were Senators:

Allgood Coleman Harrison

Hine Hudgins Johnson

Kennedy (presiding) Scott of 36th

On the motion, the yeas were 37, nays 11; the motion prevailed, and the Senate adopted the Conference Committee report on HB 878.

The following resolutions of the Senate were read and adopted:

SR 506. By Senator Kennedy of the 4th:
A resolution congratulating and commending the Claxton High School basketball team.

SR 507. By Senator Burton of the 5th:
A resolution recognizing the Georgia Chapter of the National Neurofibromatosis Foundation.

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The following resolutions of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their adoption:
SR 476. By Senators Taylor of the 12th, Hudgins of the 15th, Ragan of the 10th and others: A resolution requesting the Senate Committee on Economic Development and Tourism to study the feasibility of granting certain deductions for income tax purposes with respect to payment to minority subcontractors pursuant to con tracts made by counties, municipalities, and local boards of education.
The resolution was adopted.
SR 481. By Senators Ragan of the 10th, Echols of the 6th, Ray of the 19th and others: A resolution urging the Department of Human Resources to require a farm acci dent module as part of the training for emergency medical technicians in rural areas.
The resolution was adopted.
SR 485. By Senators Howard of the 42nd, Stumbaugh of the 55th, Burton of the 5th and others: A resolution commending the DeKalb Teenage Pregnancy and Parenting Project (TAPP).
The resolution was adopted.
HR 979. By Representatives Reaves of the 147th, Sherrod of the 143rd, Branch of the 137th and others: A resolution urging Japan Tobacco, Inc., to purchase high-quality Georgia To bacco during the 1988 tobacco marketing season.
The resolution was adopted.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 3:15 o'clock P.M. until 3:35 o'clock P.M.
At 3:35 o'clock P.M., the President called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 495. By Senator Barnes of the 33rd: A bill to amend Code Section 34-9-11 of the Official Code of Georgia Annotated, relating to exclusivity of rights and remedies granted to employees and actions against third-party tort-feasors or other persons providing workers' compensation benefits, so as to provide that an employer or other person providing workers' compensation benefits shall receive credit for workers' compensation benefits paid to an employee under certain conditions.

MONDAY, MARCH 7, 1988

2317

SB 621. By Senators Allgood of the 22nd, Bryant of the 3rd, Scott of the 2nd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 638. By Senators Deal of the 49th and Tate of the 38th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for certificated personnel of local school systems; to provide a statement of purpose; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education.
The House substitute to SB 638 was as follows:
A BILL
To be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for certificated personnel of local school systems; to provide a state ment of purpose; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education; to allow the adoption of supplemental rules and policies by local boards of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding immediately follow ing Part 10, relating to professional standards, a new Part 11 to read as follows:
"Part 11
20-2-989.1. This part shall be known and may be cited as the 'Georgia Grievance Proce dures Act.'
20-2-989.2. The purpose of this part is to provide minimum standards for grievance procedures for certificated personnel so that local boards of education in Georgia and their employees may resolve problems which arise between them within the scope of the employ ment relationship so that good morale may be maintained, effective job performance may be enhanced, and the citizens of the community, particularly the children of Georgia, may be better served. These procedures require local boards of education to implement a simple, expeditious, and fair process for resolving problems at the lowest administrative level and shall be construed to effectuate this purpose. It is not the purpose of this part to authorize or encourage collective bargaining for or on behalf of any individual certificated employee or group of certificated employees.
20-2-989.3. (a) For the purposes of this part, 'grievance' means any claim by an affected certificated employee of any local board of education alleging a violation, misapplication, or misinterpretation of the statutes, policies, rules, regulations, or the written contract under which such certificated employee works, any specifically identified incident of discrimina tion, harassment, or favoritism, or job performance, or the health and safety of students or employees. However, personnel performance evaluations pursuant to Code Section 20-2-210 shall be exempt from the provisions of this part.
(b) The termination, nonrenewal, demotion, or suspension of any employee, as set forth

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in Part 7 of Article 17 of this chapter and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-790 of this chapter, shall not be the subject of any grievance filed under this part.
20-2-989.4. Each local board of education, as defined in paragraph (1) of subsection (a) of Code Section 20-2-942, shall promulgate written policies and procedures providing for a grievance procedure for all certificated personnel employed by the board. At a minimum, the grievance procedure shall provide:
(1) That no reprisals of any kind shall be taken by the local board of education, the superintendent, or any member of the school system administration, against any employee filing a grievance under the local board policies or this Code section. Reprisals shall be con sidered unprofessional conduct and any evidence of reprisal shall be referred to and investi gated by the Professional Practices Commission;
(2) A method and time frame for filing grievances and appeals, including successive levels of appeal from the grievant's immediate supervisor to system superintendent to the local board of education;
(3) The manner in which notice of the initial hearing and appeals shall be given;
(4) That the grievant shall be entitled to an opportunity to be heard, to present rele vant evidence, and to examine witnesses;
(5) For the keeping of accurate minutes and preservation of all evidence, which shall be available to all parties;
(6) That the grievant is entitled to the presence of one person of his or her own choos ing to assist in the presentation of the grievance at the superintendent or local board of education level but not prior thereto; provided, however, that should the board of education or superintendent have an attorney or anyone other than the designated representative present at any prior level, the grievant shall be entitled to be accompanied and assisted by a representative of his or her choice;
(7) That the grievant has an opportunity to present additional evidence at each level of the grievance process, provided that such evidence is relevant to the issues presented at the initial hearing; provided, however, any time an employee presents additional evidence that was not presented at any prior level and it is determined that such evidence might have produced a different decision on the grievance, then the grievance shall be remanded to the previous level for reconsideration;
(8) That each decision be reduced to writing and dated. Each decision shall contain findings of fact and set forth the specific reasons for the particular resolution reached. The decision reached at each grievance level shall be sent by certified mail to the grievant within ten days of the hearing at such level;
(9) That a decision rendered by a local board of education pursuant to the provisions of this part shall not be a decision for purposes of appeal under Code Section 20-2-1160 or for the purpose of appeal to any court; and
(10) That all costs and fees shall be borne by the party incurring them unless otherwise agreed upon by the parties involved.
20-2-989.5. Nothing in this part shall be construed to prevent a local board of education from adopting supplemental rules and policies that grant additional substantive and proce dural rights not inconsistent with this part to its employees."
Section 2. This Act shall become effective on September 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 638.

MONDAY, MARCH 7, 1988

2319

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Brannon Bryant Burton Crumbley
PD, eawali kins Dean Echols Edge Engram Fincher Foster

Garner Harris Harrison Hine Huggins
Kied"dnedy Land Langford McKenzie Newbill Peevy Perry

Phillips Ragan of 10th Ragan of 32nd j^ay Starr
,,Stumbaugh i,a , j avlor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Baldwin Barker Barnes Bowen Broun

Coleman Coverdell English Gillis Howard Hudgins

Johnson McGill Olmstead Scott of 2nd Scott of 36th Shumake

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 638.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 1438. By Representatives Thomas of the 69th, Robinson of the 96th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to change a reference to appeals from decisions of the State Board of Workers' Compensation.

The House amendment was as follows:
Amend the Senate substitute to HB 1438 by striking on page 2, lines 31-34 in their entirety and on page 3, lines 1-4 in their entirety and substituting in lieu thereof the following:
"for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, if the court does not hear the case within 60 days from the date the appeal is filed, the decision by the board shall be considered affirmed by the court unless a hearing originally scheduled to be heard within the 60 days has been continued to a date certain by order of the court. In the event a hearing is held later than 60 days after the date the appeal is filed because same has been continued to a date certain by order of the court, the decision of the board shall be considered affirmed if no order of the court disposing of the issues on appeal has been entered within 20 days after the date of the continued hearing."

Senator Dawkins of the 45th moved that the Senate agree to the House amendment to the Senate substitute to HB 1438.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Brannon Bryant
Burton Coleman C,,DDrauwm,,kbi. nlesy Dean Echols Edge
English Engram Fincher

Foster Garner Harris Harrison
Hine Howard HT,K.Tueng6gn6 ie. nd,sy Kidd Land McKenzie
Newbill Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Ray
Scott of 36th Shumake SScO>tt,iuarmrb, augh, Tate
Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barker

Coverdell Gillis

Bowen Broun

Hudgins Johnson

Langford McGill
Olmstead Scott of 2nd

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1438.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

The Conference Committee report on HB 1348 was as follows:

The Committee of Conference on HB 1348 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1348 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ J. Nathan Deal Senator, 49th District
/s/ Edward Hine, Jr. Senator, 52nd District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
1*1 E. M. Childers Representative, 15th District
/s/ Eleanor L. Richardson Representative, 52nd District
/s/ Helen Selman Representative, 32nd District

MONDAY, MARCH 7, 1988

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Conference Committee substitute to HB 1348:
A BILL
To be entitled an Act to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for the refusal to reuse kidney dialyzers; to prohibit the reuse of such dialyzers under cer tain circumstances and prohibit discrimination for refusal to reuse such dialyzers; to provide for sanctions relating thereto; to authorize and direct the Office of Regulatory Services of the Department of Human Resources to create a task force on kidney dialysis centers; to provide for the duties of the task force; to provide for reimbursement of expenses incurred by members; to provide for termination of the task force; to provide effective dates; to re peal conflicting laws; and for others purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, is amended by adding at the end a new Code section to read as follows:
"31-16-7. (a) The physician and that physician's patient retain the discretion to deter mine whether or not a kidney dialyzer should be reused. No licensed kidney dialysis clinic or provider of kidney dialysis services which is certificated by the State Health Planning Agency may interfere with the exercise of that discretion by:
(1) Requiring the reuse of such dialyzer over the objection of that physician and pa tient; or
(2) Discriminating against a physician specializing in the practice of nephrology by prohibiting that physician from practicing in such clinic or performing dialysis services for such provider if that discrimination is based upon that physician's refusal to reuse a dia lyzer and that refusal is based on the patient's informed consent.
(b) A provider of kidney dialysis services who is required to comply with subsection (a) of this Code section but who does not so comply shall have no claim or cause of action for reimbursement for those services which were rendered without their compliance."
Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 31-16-8 to read as follows:
"31-16-8. (a) The Office of Regulatory Services of the Department of Human Resources is authorized and directed to create a task force on kidney dialysis centers to be composed of citizens of this state with at least one member of such task force to be from each congres sional district, at least two members of the task force to be members of the Senate who are appointed to the task force by the President of the Senate, and at least two members of the task force to be members of the House of Representatives who are appointed to the task force by the Speaker of the House of Representatives. The President of the Senate shall appoint one of the Senate members of the task force to call the first meeting of that task force. At the first meeting, the task force shall elect a chairman and vice chairman from among its members, and thereafter the task force shall meet at the call of the chairman.
(b) The task force shall undertake a study of the conditions, needs, issues, and problems involving kidney dialysis centers and recommend rules, regulations, any action, or legislation which the task force deems necessary or appropriate. The task force may conduct such meetings at such places within the state and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. Legislative members and citi zens members, if any, shall receive the expenses and allowances authorized by law for mem bers of interim legislative committees for their services on the task force. Members of the task force who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the task force, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the task

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force. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Code section shall come from the funds appropriated to or otherwise available to the legislative branch of government. The task force shall not meet for more than ten days. The task force shall make a report of its findings and recommendations, with suggestions for proposed regulation, if any, to the Office of Regulatory Services and the General Assembly on or before December 31, 1988. The task force shall stand abolished and this Code section shall stand repealed on December 31, 1988."
Section 3. Section 2 of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 1988.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Hine of the 52nd moved that the Senate adopt the Conference Committee re port on HB 1348.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Brannon Broun Bryant Burton Dawkins DDeeaaln
Echols Edge English
Engram Fincher Foster

Garner Gillis Harris Harrison Hine Howard Huggms KKiedndnedy
Land McGill McKenzie
Newbill Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Rav Scott of 36th Shumake Starr S,,,tumb, augh,
Fate Tavlor Timmons
Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Barnes Bowen

Coleman Coverdell Crumbley Hudgins

Johnson Langford Olmstead Scott of 2nd

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1348.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 621. By Senators Allgood of the 22nd, Kennedy of the 4th, Bryant of the 3rd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion of an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized

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statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor.
The House substitute to SB 621 was as follows:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, so as to revise and change certain provisions of the "Parental Notification Act"; to provide that a minor seek ing an abortion shall furnish a statement signed by a parent, guardian, or person standing in loco parentis and such minor stating that such parent or guardian has been notified that an abortion is to be performed on such minor; to provide for actual notice to be given by a physician or agent to the parent, guardian, or person standing in loco parentis of a minor of a pending abortion and the procedures connected therewith; to provide for written notice by a physician or agent to the parent, guardian, or person standing in loco parentis of a minor of a pending abortion and the procedures connected therewith; to provide for waiver of parental notification where the juvenile court finds that the minor is mature enough and well enough informed to make the abortion decision without the participation of her par ents, guardian, or person standing in loco parentis; to provide that the failure of the juvenile court to conduct a hearing within the time prescribed after the filing of the petition shall constitute a granting of the petition; to provide that the juvenile court shall assist the minor in preparing notices and petitions contemplated by this article; to provide that if the juve nile court shall fail to render its decision within 24 hours after the hearing on the petition then the petition shall be deemed granted; to provide for the sealing of juvenile court records; to provide for the preservation of anonymity; to change certain provisions with re spect to certain reliance upon certain representations by certain health care providers; to change certain provisions with respect to criminal and civil liability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, is amended by striking Article 3, relating to the "Parental Notification Act," and inserting in its place a new Article 3 to read as follows:
"ARTICLE 3
15-11-110. This article shall be known and may be cited as the 'Parental Notification Act.'
15-11-111. As used in this article, the term:
(1) 'Abortion' means the intentional termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
(2) 'Unemancipated minor" means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, person standing in loco parentis, or the juvenile court of competent jurisdiction.
15-11-112. (a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless:
(1) (A) The minor seeking an abortion is accompanied by a parent or guardian and such parent or guardian shall furnish an affidavit signed by such parent or guardian and such minor attesting that such parent or guardian is the lawful parent or guardian of such minor; or
(B) Both the minor seeking an abortion and an accompanying adult furnish the physi cian or other person intending to perform an abortion upon such minor an affidavit signed by both such minor and accompanying adult to the effect that a parent or, if the minor is

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subject to guardianship, the legal guardian of such minor has been notified of the intent of the minor to seek an abortion; or
(C) The minor, if the minor has no parent or legal guardian, and an accompanying adult furnish the physician with an affidavit signed by both the minor and the accompany ing adult attesting to the fact that the minor does not have a parent or a legal guardian and that the person standing in loco parentis to the minor has been notified of the intent of the minor to seek an abortion; or
(D) The minor seeking an abortion shall furnish a statement, signed by a parent, guard ian, or person standing in loco parentis and such minor, stating that such parent, guardian, or person standing in loco parentis is the lawful parent or guardian of such minor, or is the person standing in loco parentis of such minor, and that such parent, guardian, or person standing in loco parentis has been notified that an abortion is to be performed on such minor; or
(E) The physician or an agent gives at least 24 hours' actual notice, in person or by telephone, to a parent, guardian, or person standing in loco parentis of the minor, of the pending abortion and the name and address of the place where the abortion is to be per formed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; or
(F) The physician or an agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by regular mail, addressed to a parent, guardian, or person standing in loco parentis of the minor at the usual place of abode of the parent, guardian, or person standing in loco parentis. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mail ing. The time of mailing shall be recorded by the physician or agent in the minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; and
(2) The minor signs a consent form stating that she consents, freely and without coer cion, to the abortion.
(b) If the unemancipated minor or the physician or an agent, as the case may be, elects not to comply with any one of the notification requirements of subparagraph (a)(l)(B), (a)(l)(C), (a)(l)(D), (a)(l)(E), or (a)(l)(F) of this Code section, or if the parent, legal guard ian, or person standing in loco parentis of such minor cannot be located, such minor may petition, on such minor's own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11114. Such juvenile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in any county, not withstanding Code Section 15-11-15.
15-11-113. Notwithstanding Code Sections 15-11-24 through 15-11-26, the unemanci pated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents or guardian or person standing in loco parentis of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted.
15-11-114. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court ap-

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2325

pointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented.
(b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed.
(c) The notification requirement of subparagraph (a)(l)(B), (a)(l)(C), (a)(l)(D), (a)(l)(E), or (a)(l)(F) of Code Section 15-11-112 shall be waived if the court finds either:
(1) That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor's parent, guardian, or person standing in loco parentis; or
(2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian or person standing in loco parentis pursuant to Code Section 15-11-112 would not be in the best interests of the minor.
(d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished imme diately to the minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner which will preserve anonymity.
(e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter.
(f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.
15-11-115. The requirements and procedures of this article shall apply to all unemanci pated minors within this state whether or not such persons are residents of this state.
15-11-116. This article shall not apply when, in the best clinical judgment of the attend ing physician on the facts of the case before him, a medical emergency exists that so compli cates the condition of the minor as to require an immediate abortion. A person who per forms an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-117. Any physician or any person employed or connected with a physician, hospi tal, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any accompanying adult or of any other person providing the information required under this article or an affidavit or statement furnished pursuant to this article, including but not limited to, his or her iden tity, age, marital status, emancipation, and relationship to any person for whom an affidavit or statement is purportedly given. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the affidavit or any information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-118. Any person who violates the provisions of this article shall be guilty of a misdemeanor and any person who intentionally encourages another to provide false infor mation pursuant to this article shall be guilty of a misdemeanor."

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Section 2. This Act shall become effective on July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Allgood of the 22nd moved that the Senate disagree to the House substitute to SB 621.
On the motion, the yeas were 38, nays 1; the motion prevailed, and the Senate disagreed to the House substitute to SB 621.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 1352. By Representatives Hooks of the 116th, Watson of the 114th, Ray of the 98th, Kilgore of the 42nd and Steinberg of the 46th:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to authorize the State Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to accountants.
The House insists on its amendment to the Senate amendment to the House substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 367. By Senators Peevy of the 48th, Allgood of the 22nd and Stumbaugh of the 55th:
A bill to amend Code Section 31-9-6 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.
The Speaker has appointed on the part of the House, Representatives Pannell of the 122nd, Thomas of the 69th and Chambless of the 133rd.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.
The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd.

MONDAY, MARCH 7, 1988

2327

The House has receded from the House amendment to the Senate substitute and agrees to the Senate substitute to the following bill of the House:
HB 1243. By Representative Edwards of the 112th: A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic by allowing chiropractors to utilize nutrition.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 1785. By Representative Cummings of the 17th: A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.
The Speaker has appointed on the part of the House, Representatives Cummings of the 17th, Ware of the 77th and Milam of the 81st.
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 908. By Representative Ramsey of the 3rd: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to remove the limit on the maximum amount of intangible recording tax payable; to convert the intangible recording tax to a documentary tax.
The Speaker has appointed on the part of the House, Representatives Wilson of the 20th, Crosby of the 150th and Ramsey of the 3rd.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 434. By Senator Barnes of the 33rd: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to revise the require ments for imposition of periods of probation; to provide for a maximum duration of any period of probation; to provide an effective date.
The President announced that the Senate would stand in recess from 3:50 o'clock P.M. until 4:15 o'clock P.M.
At 4:15 o'clock P.M., the President called the Senate to order.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 908. By Representative Ramsey of the 3rd: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to remove the limit on the maximum amount of intangible recording tax payable; to convert the intangible recording tax to a documentary tax.

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Senator Hudgins of the 15th moved that the Senate adhere to the Senate substitute to HB 908 and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 908.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hudgins of the 15th, McKenzie of the 14th and Barnes of the 33rd.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

Senator Hudgins of the 15th moved that the Senate adhere to the Senate amendment to HB 1785 and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1785.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hudgins of the 15th, Baldwin of the 29th and McKenzie of the 14th.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number '911' sys tems directly from subscribers of telephone service.

The Conference Committee report on HB 218 was as follows:

The Committee of Conference on HB 218 recommends that both the Senate and the

MONDAY, MARCH 7, 1988

2329

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 218 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Harrill L. Dawkins Senator, 45th District
/s/ Albert J. Scott Senator, 2nd District
/s/ Paul C. Broun Senator, 46th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Dean Alford Representative, 57th District
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ Hugh Boyd Pettit, III Representative, 19th District

Conference Committee substitute to HB 218:

A BILL
To be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide a procedure for levying and collecting mainte nance fees for certain enhanced emergency telephone number "911" systems directly from subscribers of telephone service; to provide for definitions; to provide for resolutions; to provide limitations on expenditures of maintenance fees; to place certain duties on certain telephone companies; to provide for a statement of intent; to provide for practices and pro cedures; to provide for authorization of implementation by local Act or by referendum; to provide exceptions; to provide for other matters relative to the foregoing; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," is amended by striking Code Section 46-5-122, relating to definitions of terms used in the laws relating to emergency telephone number "911" systems, and inserting in lieu thereof a new Code Section 46-5-122 to read as follows:
"46-5-122. As used in this part, the term:
(1) 'Division' means the Telecommunications Division of the Department of Adminis trative Services.
(2) 'Emergency "911" system' means a local telephone exchange service which facili tates the placing of calls by persons in need of emergency systems by dialing the telephone number '911' and under which calls to '911' are answered by public safety answering points established and operated by the county or municipality subscribing to the '911' service.
(3) 'Enhanced emergency telephone number "911" system' means emergency '911' ser vice that provides the telephone number and location of the calling party to the public safety answering point.
(4) 'Local government' means any city, county, or political subdivision of Georgia and its agencies.
(5) 'Maintenance fee' means any yearly, monthly, or other periodic recurring charge or tariff imposed by a telephone company for installation and operation of an enhanced emer gency telephone number '911' system which is in addition to any charge or tariff imposed for operation of a basic emergency telephone number '911' system.
(6) 'Public agency' means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or

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in part within this state which provides or has authority to provide fire-fighting, law en forcement, ambulance, medical, or other emergency services.
(7) 'Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, civil defense, poison control, or other emergency services."
Section 2. Said part is further amended by adding at the end thereof a new Code Sec tion 46-5-132 to read as follows:
"46-5-132. (a) The governing authority of any local government which operates or which contracts for the operation of an enhanced emergency telephone number '911' system is authorized to adopt a resolution requiring the telephone company providing such service to divide any maintenance fee among the telephone subscribers whose telephones are in the area served by the enhanced emergency telephone number '911' system and bill such sub scribers on a pro rata basis for their share of such maintenance fee. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the charges or tariffs as provided in such resolution shall become effective, but such effective date shall be at least 120 days following the date of adoption of such resolution or any amendment to such resolution by the governing authority of the local government.
(b) If a resolution is adopted as provided in subsection (a) of this Code section, it shall be the duty of any telephone company providing an enhanced emergency telephone number '911' system to the local government to impose and collect the maintenance fee from tele phone subscribers within the area served by such system. The imposition and collection of such fee shall be a condition of doing business in the area served by such system.
(c) The maintenance fee collected for the provision of an enhanced emergency tele phone number '911' system shall be collected and expended exclusively for the payment of charges for the enhanced emergency telephone number '911' system. Such maintenance fee shall not be imposed, collected, or expended for any other purpose.
(d) This Code section shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs.
(e) (1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either: (A) imple mentation of this Code section by such political subdivision is expressly authorized by a local Act of the General Assembly; or (B) a majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the imple mentation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such political subdivision, when requested by such local government. The question on the ballot shall be as prescribed by the election superintendent.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a telephone company for the purchase or operation or both of an enhanced emergency telephone number '911' system.
(f) The provisions of this Code section shall not apply in any case in which a telephone company notifies the governing authority of a local government that, in view of the existing telephone equipment of the company, the installation of an enhanced emergency telephone number '911' system is not technologically feasible."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on HB 218.

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2331

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Bowen b,,rroaunnnon CrUumbley Dawkins Deai Dean Echols Edge English Engram

Fincher Foster Garner Gillis
Harris HTHoarwriasrodjn "ud*ins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Peevy Perry Phillips
Ragan of 10th RnRaaygan of 32nd Scott of 2nd Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Bryant Coleman Coverdell

Hine Johnson Olmstead

Scott of 36th Shumake Tate

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 218.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

SB 318. By Senators Burton of the 5th, Albert of the 23rd and Phillips of the 9th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Programs for the Blind; to provide for membership and terms; to provide qualifications; to provide for compensation and expenses; to provide duties and responsibilities; to provide for recommendations and reports; to provide a termination date.

SB 129. By Senator Gillis of the 20th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement Sys tem of Georgia, so as to provide that when a retiree is divorced from the retiree's spouse or when a retiree's spouse dies, certain options may then be revoked.

SB 87. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and others:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Geor-

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gia which are applicable to particular groups of employees, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local retirement system.

SB 128. By Senator Gillis of the 20th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Ben efit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide that the benefits for a surviving spouse shall be for the life of the surviving spouse, notwithstanding remarriage of the surviving spouse.

Representative Dunn of the 73rd requested that he be granted permission to be dis charged from the Committee of Conference on the following bill of the Senate:

SB 575. By Senator Langford of the 35th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions.

Permission was granted, and the Speaker appointed Representative Byrd of the 153rd to serve with Representatives Snow of the 1st and Watson of the 114th on the part of the House.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier."

The Conference Committee report on HB 743 was as follows:

The Committee of Conference on HB 743 recommends that the Senate recede from its position and that HB 743 as it passed the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Albert J. Scott Senator, 2nd District
/s/ Arthur Langford Senator, 35th District
James W. Tysinger Senator, 41st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ Hugh Boyd Pettit, III Representative, 19th District
/s/ Thomas M. Kilgore Representative, 42nd District

Senator Scott of the 2nd moved that the Senate adopt the Conference Committee re port on HB 743.

MONDAY, MARCH 7, 1988

2333

Senator Garner of the 30th moved that the action on the motion offered by Senator Scott of the 2nd be postponed for 15 minutes.
On the motion offered by Senator Garner of the 30th, which takes precedence, the yeas were 35, nays 3; the motion prevailed, and action on the motion offered by Senator Scott of the 2nd was postponed until 4:55 o'clock P.M.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 87. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and Shumake of the 39th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Geor gia which are applicable to particular groups of employees, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local retirement system.
The House substitute to SB 87 was as follows:
A BILL
To be entitled an Act to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to provide that the Depart ment of Human Resources shall make payments to the governing authority of any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census to partially reimburse such county for expenses incurred by such county in providing retirement system services for employees of the county board and department of health of such county; to provide for definitions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, is amended by adding at the end of Part 9 thereof, relat ing to classifications of certain officials and employees, a new Code Section 47-2-297 to read as follows:
"47-2-297. (a) This Code section shall apply only to counties, county boards and depart ments of health, and employees of county boards and departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
(b) As used in this Code section, the term:
(1) 'Employee' means an employee of a county board or department of health of a county subject to the provisions of this Code section who:
(A) Is a member of a local retirement system; and
(B) Would be eligible for membership in and a member of the Employees' Retirement System of Georgia if employed by a county board or department of health of a county other than a county subject to the provisions of this Code section.
(2) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county boards or departments

2334

JOURNAL OF THE SENATE

of health, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.
(3) 'Salary supplement' means compensation paid from county funds to employees of county boards or departments of health in addition to the compensation paid to such em ployees from state funds or from state funding sources.
(c) The Department of Human Resources shall make payments to the governing au thority of a county subject to the provisions of this Code section to partially reimburse the county for the cost incurred by the county in providing for the membership in a local retire ment system of each employee. The amount of the payment for each employee shall be an amount equal to three-fourths of the amount which would be paid by the Department of Human Resources as the employer contribution to the Employees' Retirement System of Georgia if the employee were a member of the retirement system. It is specifically provided, however, that such employer contributions shall be based on state compensation paid to the employee or on the amount paid from state funds to the county as compensation for the employee, and any salary supplement to such compensation shall not be considered in the determination of the amount of the employer contribution.
(d) The reimbursement payments provided for by subsection (c) of this Code section shall be paid for all service by an employee as a member of a local retirement system which is completed after the date that funding of this Code section begins as provided in subsec tion (f) of this Code section. When such funding begins, such reimbursement payments shall be paid to the county at the same time employer contribution would be paid by the Depart ment of Human Resources to the Employees' Retirement System of Georgia if the employee were a member of the retirement system.
(e) If at any time any employee becomes a member of the Employees' Retirement Sys tem of Georgia, the reimbursement payments provided for by this Code section shall cease for that employee on the effective date of membership in the Employees' Retirement Sys tem of Georgia.
(f) The payments to a county governing authority provided for by this Code section shall be contingent upon appropriations made by the General Assembly to the Department of Human Resources for the purpose of making such payments. To the extent that the Gen eral Assembly appropriates less than the amount necessary to pay the full amount provided for by this Code section, the amount otherwise payable shall be reduced in accordance with the amount actually appropriated by the General Assembly."
Section 2. This Act shall become effective on July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 4, 1988

SUBJECT: Senate Bill 87 (Substitute) (LC 7 6979S) Employees' Retirement System

As originally drafted, this Bill would have allowed persons employed on July 1, 1988 by

MONDAY, MARCH 7, 1988

2335

county boards and departments of health in counties having at least 550,000 population to join ERS. For those employees electing to remain members of the local retirement system, DHR would have paid the counties an amount equal to the employer's contribution to the ERS as if the employees were ERS members. Salary supplements paid to employees by counties would not be included when determining employer contribution amounts. County employees could have obtained creditable service in ERS equivalent to the service they ac crued under the local system if certain payments had been made on their behalf.
The amended version of this Bill eliminates the provisions allowing membership in the Employees' Retirement System (ERS) and only leaves the provisions providing for the De partment of Human Resources (DHR) to pay counties with local retirement systems (for health department employees) employer retirement contributions. The amount to be paid is also changed to three-fourths of the amount equal to the employer's contribution to ERS as if the employees were ERS members and is made contingent upon appropriations by the General Assembly (and would be reduced proportionately if not fully funded).
This is to certify that the amendments made by this Bill are nonfiscal and the resulting amended bill itself is nonfiscal as defined in the Public Retirement Systems Standards Law.
/s/ G.W. Hogan State Auditor
Senator Coverdell of the 40th moved that the Senate agree to the House substitute to SB 87.

On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Brannon
BCoulretomnan Coverdell Crumbley
Dean Echols Edge English Engram

Foster Gillis Harris Harrison
Hine Howard " ud &.ins HKuegngniendsy Kidd Land
Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th
Ragan of 32nd ^ Scott of 2nd ^,-,h, umak, e btarr Stumbaugh
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Bryant Dawkins

Deal Fincher Garner

Johnson Scott of 36th Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 87.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by amendment, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 648. By Senator Walker of the 43rd: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to change the provisions regarding unfair or deceptive acts which are unlawful; to eliminate the requirement for notice when certain temporary restraining orders are sought; to eliminate the requirement for a written demand for relief in certain private actions for equitable relief.
The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:
HB 1352. By Representatives Hooks of the 116th, Watson of the 114th, Ray of the 98th, Kilgore of the 42nd and Steinberg of the 46th: A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to authorize the State Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to accountants.
The House amendment was as follows:
Amend the Senate amendment to HB 1352 by striking on line 16 of page 1 of such amendment the following:
"65",
and inserting in lieu thereof the following: "70".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate amendment to HB 1352.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon Broun Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy

Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd

MONDAY, MARCH 7, 1988

2337

Shumake Starr Stumbaugh

Tate Taylor Turner

Tysinger Walker

Those not voting were Senators:

Allgood Bowen

Dawkins Johnson

Scott of 36th Timmons

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1352.

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

SB 318. By Senators Burton of the 5th, Albert of the 23rd and Phillips of the 9th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Programs for the Blind; to provide for membership and terms; to provide qualifications; to provide for compensation and expenses; to provide duties and responsibilities; to provide for recommendations and reports; to provide a termination date.

The House substitute to SB 318 was as follows:

A BILL
To be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired; to provide for membership and terms; to provide qualifications; to provide for compensation and expenses; to provide duties and re sponsibilities; to provide for recommendations and reports; to provide for a director and staff; to provide a termination date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by adding at the end thereof a new chapter, to be designated Chapter 6, to read as follows:
"CHAPTER 6
30-6-1. (a) There is established the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired which is assigned to the Department of Human Re sources for administrative purposes only, as prescribed in Code Section 50-4-3.
(b) The commission shall consist of 15 members appointed by the Governor and con firmed by the Senate. Members shall be appointed for terms of two years. State officers or employees may be appointed to the commission unless otherwise prohibited by law; pro vided, however, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the areas of problems of the visually impaired and the hearing impaired and, to the extent practicable, shall re present private nonprofit agencies or individual professions which have special expertise or community involvement specifically in such areas.
(c) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term.
(d) The initial terms for all members shall begin July 1, 1988.
(e) Membership on the commission shall not constitute public office and no member shall be disqualified from holding public office by reason of his membership.

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(f) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate.
30-6-2. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commis sion, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from funds appropriated to the Department of Human Resources.
30-6-3. (a) The commission shall:
(1) Meet at such times and places as it shall determine necessary or convenient to per form its duties. The commission shall also meet on the call of the chairperson or the Governor;
(2) Maintain minutes of its meetings;
(3) Adopt rules and regulations for the transaction of its business;
(4) Advise governing boards of agencies such as the Board of Human Resources and the State Board of Education regarding rules and regulations for programs affecting the visually impaired and the hearing impaired;
(5) Evaluate areas of need among visually impaired and hearing impaired persons in this state;
(6) Monitor existing programs for the visually impaired and the hearing impaired to assure maximum benefits and competent administration;
(7) Plan, program, and recommend future courses of action for agencies such as the Department of Human Resources and the Department of Education;
(8) Provide expertise to agencies such as the Department of Human Resources and the Department of Education regarding administrative decisions in programs for the visually impaired and the hearing impaired;
(9) Seek new and increased funding for programs from federal and private sources;
(10) Oversee federal funds expenditures and aid in maintaining compliance with regula tions governing federal grants; and
(11) Report annually to the Board of Human Resources and to the General Assembly regarding the activities of the commission.
(b) The commission shall be authorized to appoint a director and such staff as is neces sary to carry out the provisions of this chapter. The compensation and expenses of such director and staff shall be paid from funds of the Department of Human Resources.
30-6-4. The commission may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards which will reduce the problems faced by the visually impaired and the hearing impaired, improve coordination among state agencies that provide services, and improve the condition of visually impaired and hearing impaired persons in this state who are in need of services.
30-6-5. The Advisory Commission on Programs for the Visually Impaired and the Hear ing Impaired shall be abolished as of July 1, 1990, at which time this chapter shall stand repealed in its entirety."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 7, 1988

2339

Senator Burton of the 5th moved that the Senate agree to the House substitute to SB 318.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

English Engram Fincher Foster Garner

Bryant BCoulretomnan
Coverdell Crumbley
Dawkins Deal Dean Echols Edge

Harris HHianrerison
Huggins Johnson
Kennedy Kidd Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th
Ragan of 32nd Ray Shumake
^tarr Stumbaugh
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Howard

Hudgins Land McKenzie

Scott of 2nd Scott of 36th Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 318.

SB 434. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to revise the require ments for imposition of periods of probation; to provide for a maximum duration of any period of probation; to provide an effective date.

The House substitute to SB 434 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to revise the require ments for imposition of periods of probation or suspension; to provide for a maximum dura tion of any period of probation or suspension; to provide for revocation of probation and suspension; to provide for procedures connected therewith; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," is amended by adding immediately following Code Section 42-8-34 a new Code section to read as follows:
"42-8-34.1. (a) Notwithstanding any other provision of law, no court may revoke any part of any probated or suspended sentence unless the defendant admits the violation as

2340

JOURNAL OF THE SENATE

alleged or unless the evidence produced at the revocation hearing establishes by a prepon derance of the evidence the violation or violations alleged.
(b) At any revocation hearing, upon proof that the defendant has violated any provision of probation or suspension other than by commission of a new felony offense or by violating any special provision authorized by this Code section, the court shall not revoke more than six months to be served in a diversion center, probation detention center, shock incarcera tion unit, county jail or detention center, or other special program or institution provided under this article. Notwithstanding the previous provisions of this subsection, the court may revoke the balance of probation or two years in confinement, whichever is less, for those defendants sentenced under Code Section 42-8-35.1, relating to special alternatives to incarceration.
(c) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the commission of a felony offense or the viola tion of a special condition imposed pursuant to this Code section, notwithstanding any other provision of law, the court may revoke no more than the lesser of the balance of probation or the maximum time of the sentence authorized to be imposed for the crime constituting the violation of the probation.
(d) The payment of restitution or reparation, costs, or fines ordered by the court may be payable in one lump sum or in periodic payments, as determined by the court after consideration of all the facts and circumstances of the case and of the defendant's ability to pay. Such payments shall, in the discretion of the sentencing judge, be made either to the clerk of the sentencing court or, if the sentencing court is a probate court, state court, or superior court, to the probation office serving said court.
(e) In no event shall an offender be supervised on probation or parole, or both, for more than a total of four years, whether before or after confinement, except upon written order of the court for the purpose of enforcing restitution or fines or for the protection of the victim or class of victims as defined by age or gender or by type of crime committed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 434.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols

English Engram Fincher Foster Garner Harris Harrison Hine Howard Huggins Johnson Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Taylor Timmons Turner

MONDAY, MARCH 7, 1988

2341

Tysinger

Walker

Voting in the negative were Senators Deal and Edge.

Those not voting were Senators:

Gillis Hudgins

Scott of 36th

Shumake

On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 434.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following bill of the House was taken up for the purpose of considering a motion offered by Senator Scott of the 2nd on which action was postponed for 15 minutes previ ously today:

HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".

Senator Scott of the 2nd moved that the Senate adopt the Conference Committee re port on HB 743.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bryant Coleman Deal

Gillis Land Langford Ray

Scott of 2nd Shumake Tate Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Coverdell Crumbley Dawkins Dean Echols

Edge English Engram Foster Garner Harris Harrison Hine Howard Huggins Kidd McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Fincher Hudgins

Johnson Kennedy (presiding)

Scott of 36th

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JOURNAL OF THE SENATE

On the motion, the yeas were 12, nays 39; the motion was lost, and the Senate rejected the Conference Committee report on HB 743.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 648. By Senator Walker of the 43rd: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to change the provisions regarding unfair or deceptive acts which are unlawful; to eliminate the requirement for notice when certain temporary restraining orders are sought; to eliminate the requirement for a written demand for relief in certain private actions for equitable relief.
The House amendment was as follows: Amend SB 648 by striking from line 17 of page 3 the following:
"14 days", and inserting in its place the following:
"ten days" By striking from lines 1 and 9 of page 4 the following: "fourteenth",
and inserting in its place the following: "tenth".

Senator Walker of the 43rd moved that the Senate agree to the House amendment to SB 648.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun BrB> uryrta. onnt Coleman Coverdell
Crumbley Dawkins Deal
Dean
Echols

Edge English Engram Foster Garner Gillis Harnson HTHToinweardj Huggins Kidd
Land Langford McGill
McKenzie
Newbill

Olmstead Peevy Perry Phillips Ragan of loth Ragan of 32nd ,, S0 co.t,t of,. ,,2nd,
^tarr , Stumbaugh
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Fincher Harris

Hudgins Johnson Kennedy (presiding)

Scott of 36th Shumake Timmons

MONDAY, MARCH 7, 1988

2343

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 648.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 128. By Senator Gillis of the 20th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Ben efit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide that the benefits for a surviving spouse shall be for the life of the surviving spouse, notwithstanding remarriage of the surviving spouse.
The House substitute to SB 128 was as follows:
A BILL
To be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide an additional option; to provide that when a retiree is divorced from the retiree's spouse, certain options may then be revoked; to pro vide for the payment of the maximum retirement benefit upon such revocation or upon the death of the spouse of a retired member when a certain option had been elected; to provide for certain alternative benefits of equivalent actuarial value and for certain elections in con nection therewith; to provide for other matters relative to the foregoing; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) At the time a member qualifies for retirement payments, such member must choose a payment option provided for in this Code section. A member shall become eligible to begin receiving benefits on the first day of the month following the month in which the member qualified for retirement and terminated active employment as a peace officer. A member shall present to the secretary-treasurer a completed application form for retirement benefits. The application shall contain such information as the board shall require. After approval by the board, the secretary-treasurer shall pay to such retired member a monthly sum based on the option chosen by the member. If a married member with a spouse then living is unable to choose an option provided for in this Code section and to complete an application form because of death, mental incompetency, or other providential cause, then Option Two shall become effective."
Section 2. Said Code section is further amended by adding immediately following sub section (d) a new subsection (d.l) to read as follows:
"(d.l) When Option Two or Option Three is elected, a member may also elect Option 2A or Option 3A. Option 2A or Option 3A shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the member under Option One and shall consist of the added provision that in the event the spouse predeceases the retired member, the monthly retirement benefit received by the retired member after the death of the spouse shall be equal to the monthly retirement benefit the retired member would be entitled to receive under Option One. Such actuarial equivalence

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JOURNAL OF THE SENATE

shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year setback for females and monthly annuity functions."
Section 3. Said Code section is further amended by striking subsection (e) in its en tirety and substituting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) Under either Option Two or Option Three, if the spouse of a retired member who is receiving retirement benefits predeceases the member, no subsequent spouse of such member shall be entitled to monthly retirement benefits. Payments under Options Two and Three, in the event of any such retired member's death, shall be limited to the spouse of such member at the time such member qualifies for retirement benefits. Under Option Two or Option Three, if the surviving spouse remarries, any benefits payable to the surviving spouse shall cease and terminate as of the date of such remarriage.
(2) Under Option Two or Three, or Option 2A or 3A, a retired member may revoke the election of any such option at any time after the entry of a final judgment of complete divorce from the retired member's spouse or the retired member may elect to continue under Option Two or Three or Option 2A or 3A for the benefit of the former spouse. Upon any such revocation or upon the death of the spouse of a retired member who had elected Option 2A or 3A, the retired member may elect to begin receiving the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries after divorce from the former spouse and the retired member elected to revoke Option Two or Three or Option 2A or 3A as provided in this paragraph or, in the case of a retired member who had elected Option 2A or 3A, after the death of the spouse of the retired member, the retired member may elect to begin re ceiving the applicable reduced monthly retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse. Such actuarial equivalence shall be based on the age of the retired member and the age of the retired member's new spouse at the time of such election and shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year age setback for females and monthly payment annuity functions. The option on behalf of the new spouse may not be exercised until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier."
Section 4. This Act shall become effective on July 1, 1988.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 3, 1988

SUBJECT: Senate Bill 128S (Substitute) (LC 10 8043S) Peace Officers' Annuity and Benefit Fund

This Bill would amend the law pertaining to optional retirement allowances under the Peace Officers' Annuity and Benefit Fund. It would provide for two new options that would allow a retired member that had elected an optional reduced retirement allowance that pro vided benefits to a spouse upon the member's death to receive the maximum retirement allowance available should the spouse predecease the retired member. The Bill would also allow retired members to revoke death benefits available to a spouse and elect to receive the

MONDAY, MARCH 7, 1988

2345

maximum retirement allowance after a divorce. If the retired member later remarries, he or she may upon one year after the date of remarriage or the birth of the couple's first child, whichever is earlier, elect an optional allowance and nominate the new spouse to receive all amounts and benefits after the member's death. If passed, the provisions of this Bill would become effective on July 1, 1988.
This is to certify that the change made in this substitute bill, which specifically allows a member to continue death benefits available to a former spouse after a divorce, is a nonfiscal amendment and the amended bill itself continues to be nonfiscal as defined in the Public Retirement Systems Standards Law. The actuarial investigation for Senate Bill 128S (LC 7 6746S) would also apply to this version of Senate Bill 128S (LC 10 8043S).
/s/ G. W. Hogan State Auditor

Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 128.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen Brannon BBrroyuannt Burton Coleman
Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Foster Garner Gilhs HHaarrrriisson Hine Huggins
Johnson Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips R of 32nd D S,, cott ofc n2nd, Shumake Stumbaugh
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Fincher Howard Hudgins

Kennedy (presiding) Land Ragan of 10th

Scott of 36th Starr Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 128.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 129. By Senator Gillis of the 20th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement Sys tem of Georgia, so as to provide that when a retiree is divorced from the retiree's spouse or when a retiree's spouse dies, certain options may then be revoked.

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The House substitute to SB 129 was as follows:

A BILL
To be entitled an Act to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide for an additional optional retirement allowance; to pro vide that when a retiree is divorced from the retiree's spouse, certain options may then be revoked; to provide for the payment of the maximum retirement allowance upon such revo cation or upon the death of the spouse of a retired member when a certain option has been elected; to provide for certain alternative benefits of equivalent actuarial value and for cer tain elections in connection therewith; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, is amended by adding immediately following subsection (e) of said Code section a new subsec tion (e.l) and by adding at the end of said Code section a new subsection (h) to read, re spectively, as follows:
"(e.l) When option two or three is elected and the spouse is the person designated to receive all amounts and benefits upon the death of the retired member, option five shall consist of the added provision that in the event the spouse predeceases the retired member, the retirement allowance payable to the retired member after the death of the spouse shall be equal to the maximum retirement allowance which the retired member would have been entitled to receive under this chapter.
(h) Whenever any retired member has elected an optional allowance under this Code section and the spouse is the person designated to receive all amounts and benefits upon the death of the retired member, the retired member may revoke the election at any time after the entry of a final judgment of complete divorce from the spouse so nominated or the retired member may elect to continue the optional allowance with the former spouse desig nated to receive all amounts and benefits upon the death of the retired member. Upon any such revocation or upon the death of the spouse of a retired member who had elected option five, the retired member may elect to begin receiving the maximum retirement allowance which the retired member would have been entitled to receive under this chapter. In the event any such retired member remarries after divorce from the former spouse and the for mer spouse was not continued as a beneficiary under the optional allowance after the di vorce or, in the case of a retired member who had elected option five, after the death of the spouse of the retired member, the retired member may elect to begin receiving the applica ble reduced retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remar riage or until a child of the remarried couple is born, whichever is earlier."
Section 2. This Act shall become effective on July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334/8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 3, 1988

SUBJECT: Senate Bill 129S (Substitute) (LC 10 8042S) Employees' Retirement System

This Bill would amend the law pertaining to optional retirement allowances under the Employees' Retirement System. It would provide for a new option that would allow a re tired member that had elected an optional reduced retirement allowance that provided ben efits to a spouse upon the member's death to receive the maximum retirement allowance available should the spouse predecease the retired member. The Bill would also allow re tired members to revoke death benefits available to a spouse and elect to receive the maxi mum retirement allowance after a divorce. If the retired member later remarries, he or she may upon one year after the date of remarriage or the birth of the couple's first child, whichever is earlier, elect an optional allowance and nominate the new spouse to receive all amounts and benefits after the member's death. If passed, the provisions of this Bill would become effective on July 1, 1988.

This is to certify that the change made in this substitute bill, which specifically allows a member to continue the death benefits available to a former spouse after a divorce, is a nonfiscal amendment and the amended bill itself continues to be nonfiscal as defined in the Public Retirement Systems Standards Law. The actuarial investigation for Senate Bill 129S (LC 7 6732S) would also apply to this version of Senate Bill 129S (LC 10 8042S).

/s/ G. W. Hogan State Auditor

Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 129.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Huggins Johnson Kidd

Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr

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Stumbaugh Tate

Taylor Turner

Tysinger

Those not voting were Senators:

Allgood Coleman Howard

Hudgins Kennedy (presiding) Land

Scott of 36th Timmons Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 129.

Senator Garner of the 30th moved that the Senate Rule requiring a Conference Com mittee report to be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on the following bill of the Senate be considered:

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.

On the motion, the yeas were 40, nays 2; the motion prevailed, and the Conference Committee report on SB 573, as follows, was considered by the Senate:

The Committee of Conference on SB 573 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 573 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Wayne Garner Senator, 30th District
/s/ Roy E. Barnes Senator, 33rd District
/s/ Carl Harrison Senator, 37th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jim Pannell Representative, 122nd District
/s/ E. M. Childers Representative, 15th District
/s/ Charles A. Thomas, Jr. Representative, 69th District

Conference Committee substitute to SB 573:

A BILL
To be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relat ing to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31; to provide in appeals from final decisions of the Department of Human Resources for the right to jury and de novo trials before a superior court; to provide for a supercedeas of the decision of the Department of Human Resources pending appeal; to provide for all related matters; to provide for excep tions; to clarify an age requirement; to change certain recertification requirements; to pro vide for all matters relative to the foregoing; to amend Code Section 45-9-81, relating to definitions concerning indemnification of law enforcement and other officers, so as to substi-

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tute the term "paramedic" for "advanced emergency medical technician"; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-2, relating to defini tions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows:
"31-11-2. As used in this chapter, the term:
(1) 'Ambulance' means a motor vehicle that is specially constructed and equipped and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this chapter.
(2) 'Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance.
(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources.
(4) 'Ambulance service' means the providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or inca pacitated human being to or from a place where medical or hospital care is furnished.
(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners.
(6) 'Composite board' means the Composite State Board of Medical Examiners.
(7) 'Emergency medical services system' means a system which provides for the ar rangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions, oc curring either as a result of the patient's condition or as a result of natural disasters or similar situations, and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system.
(8) 'Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordi nate the personnel, facilities, and equipment of an emergency medical services system and which:
(A) Utilizes emergency medical telephonic screening;
(B) Utilizes a publicized emergency telephone number; and
(C) Has direct communication connections and interconnections with the personnel, fa cilities, and equipment of an emergency medical services system.
(9) 'Emergency medical technician' means a person who has been certified by the de partment after having successfully completed an emergency medical care training program approved by the department.
(10) 'First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service.
(11) 'Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15.
(12) 'Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.

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(13) 'License' when issued to an ambulance service signifies that its facilities and opera tions comply with this chapter and the rules and regulations issued by the department hereunder.
(14) 'License officer' means the commissioner of human resources or his designee.
(15) 'Local coordinating entity' means the public or nonprofit private entity designated by the Board of Human Resources or its designee to administer and coordinate the EMSC Program in a health district established in accord with Code Section 31-3-15.
(16) 'Paramedic' means any person who has been certified as an advanced emergency medical technician by the composite board before July 1, 1988, or any person who has been certified by that board on or after July 1, 1988, as having been trained in emergency care techniques in a paramedic training course approved by the department, but all such persons shall be designated on and after July 1, 1988, as paramedics.
(17) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapaci tated or helpless.
(18) 'Person' means any individual, firm, partnership, association, corporation, com pany, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.
(19) 'Provisional license' when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regula tions issued by the department under this chapter."
Section 2. Said chapter is further amended by striking in its entirety Code Section Si ll-36, relating to suspensions or revocations of licenses, and inserting in its place a new Code Section 31-11-36 to read as follows:
"31-11-36. (a) Any license issued under this article may be suspended or revoked for a failure of a licensee to comply and to maintain compliance with this article or rules and regulations issued under this article, but only after opportunity for a hearing as provided in Article 1 of Chapter 5 of this title.
(b) Any person who has exhausted all administrative remedies available within the de partment and who is substantially aggrieved by a final order or final action of the license officer is entitled to judicial review in the manner provided by Article 1 of Chapter 5 of this title and, notwithstanding Code Section 31-5-3, shall be entitled to an appeal to superior court as provided in subsection (c) of this Code section.
(c) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regula tion, or decision appealed from, and the reason it is claimed to be erroneous. The enforce ment of the order or action appealed from shall be automatically stayed upon the filing of such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health and safety will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in the manner prescribed by law for the service of process, unless such service of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from."
Section 3. Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of advanced emergency medical technicians and cardiac

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technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-52 to read as follows:
"31-11-52. (a) The composite board shall establish procedures and standards for certify ing and recertifying paramedics and cardiac technicians. An applicant for initial certification as a paramedic or a cardiac technician must:
(1) Submit a completed application on a form to be prescribed by the composite board, which shall include evidence that the applicant is 18 years of age or older and is of good moral character;
(2) Submit from the department a notarized statement that the applicant has com pleted a training course approved by the department;
(3) Submit to the composite board a fee as set forth in the regulations of the composite board; and
(4) Meet such other requirements as are set forth in the rules and regulations of the composite board.
(b) The department shall also adopt procedures and standards for its approval of paramedic training courses and cardiac technician training courses. The department shall adopt such regulations after consultation with the composite board and other appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consis tent with the purposes and provisions of this chapter."
Section 4. Said chapter is further amended by striking Code Section 31-11-54, relating to additional services which may be rendered, and inserting in its place a new Code Section 31-11-54 to read as follows:
"31-11-54. (a) Upon certification by the composite board, paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsec tion (a) of Code Section 31-11-55, paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to:
(1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glu cose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others;
(2) Cardioversion; and
(3) Gastric suction by intubation.
(b) While in training preparatory to becoming certified, paramedic trainees may per form any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."
Section 5. Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates of advanced emergency medical technicians and cardiac techni cians, in its entirety and inserting in lieu thereof a new Code Section 31-11-57 to read as follows:
"31-11-57. Certificates issued to paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the composite board in accordance with estab lished rules and regulations, after notice to the certificate holder of the charges and an op portunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The composite board shall have the authority to conduct investigations and subpoena any documents relating to the fitness of paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the composite board."
Section 6. Said chapter is further amended by striking Code Section 31-11-58, relating

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to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows:
"31-11-58. (a) Standards adopted by regulation of the composite board or the depart ment for the periodic recertification of emergency medical technicians, paramedics, and car diac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued compe tency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this subsection other than those authorized by the other subsec tions of this Code section.
(b) In order to ensure the continued competency of emergency medical technicians, car diac technicians, and paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education require ments of subsection (d) of this Code section.
(c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate author ized that person to render.
(d) The continuing education requirements shall be met by annually completing onefifth of the following five-year requirements for hours of continuing education; 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for paramedics. These five-year continuing education requirements shall be divided into five different and discrete segments or modules of equal length. Any one module may be com pleted each year to meet the annual continuing education requirements, but all five modules shall be completed during a five-year period. This program of continuing education shall be approved by the department. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or authorized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both.
(e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to the department or the composite board which certified him under this chapter satisfactory evi dence that he has met the active practice requirements, continuing education requirements, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recer tification course, the person teaching the course, the examinations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing educa tion requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter.
(f) Any person who teaches for at least 80 hours per calendar year any emergency medi cal technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses shall not be required for that year to meet either the active practice or continuing education requirements provided for in this Code section in order to maintain such person's certificate as an emergency medical technician.
(g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regard ing the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section."

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Section 7. Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its en tirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows:
"31-11-59. Emergency medical technicians, paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-1154, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac tech nicians, and paramedics in any area in which they are already authorized to render such services."
Section 8. Said chapter is further amended by striking Code Section 31-11-60, relating to obtainment and administration of drugs by certified employees of counties and munici palities, in its entirety and inserting in lieu thereof a new Code Section 31-11-60 to read as follows:
"31-11-60. (a) Any emergency medical technician, paramedic, or cardiac technician who is certified under this article and who works for a county or municipal police department, fire department, or rescue unit is authorized to obtain any substance which such person is authorized to administer by virtue of his certification. Any such unit to which the emer gency medical technician, paramedic, or cardiac technician is attached must be licensed by the department as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by paramedics, emer gency medical technicians, or cardiac technicians. The first responder unit shall have a signed agreement with the hospital in order for the hospital to furnish such drugs, and a copy of this agreement must be filed with the Georgia Drugs and Narcotics Agency. The requirements for administering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital.
(b) Any substance obtained under subsection (a) of this Code section shall be used only in connection with the emergency medical technician's, paramedic's, or cardiac technician's employment with the county or municipality, as such, and only while on duty as an emer gency medical technician, paramedic, or cardiac technician.
(c) It shall not be necessary for an emergency medical technician, paramedic, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a) of this Code section."
Section 9. Said chapter is further amended by striking Code Section 31-11-61, relating to penalties, in its entirety, and inserting in lieu thereof a new Code Section 31-11-61 to read as follows:
"31-11-61. Any person who shall falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified paramedic or who shall accept or continue in employment as such and perform the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor."
Section 10. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions concerning indemnification of law enforcement and other officers, is amended by striking subparagraph (A) of paragraph (2) thereof and inserting in its place a new subparagraph to read as follows:
"(A) Are certified as emergency medical technicians, paramedics, or cardiac technicians under Chapter 11 of Title 31; and".
Section 11. All laws and parts of laws in conflict with this Act are repealed.

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Senator Garner of the 30th moved that the Senate adopt the Conference Committee report on SB 573.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Deal Dean

Echols Edge English Engrarn Foster Garner Gillis Harris Harrison Howard Huggins Johnson Kidd McGill McKenzie

Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Dawkins Fincher Hine Hudgins

Kennedy (presiding) Land Langford Phillips

Scott of 2nd Scott of 36th Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 573.

The following resolution of the Senate was read and adopted:

SR 505. By Senator Dean of the 31st: A resolution commending the Cedartown Junior Service League.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 5:35 o'clock P.M. until 5:45 o'clock P.M.

At 5:45 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, called the Senate to order.

The following bills of the House were taken up for the purpose of considering the Con ference Committee reports thereon:

HB 1281. By Representatives Hooks of the 116th, Richardson of the 52nd, Childers of the 15th and others:
A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, includ ing Human Immunodeficiency Virus (HIV).

The Conference Committee report on HB 1281 was as follows:

The Committee of Conference on HB 1281 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1281 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ Pierre Howard Senator, 42nd District
/s/ Edward Hine, Jr. Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ E. M. Childers Representative, 15th District
/s/ George B. Hooks Representative, 116th District
/s/ Jim Pannell Representative, 122nd District

Conference Committee substitute to HB 1281:

A BILL
To be entitled an Act to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, including Human Immunodeficiency Virus (HIV); to provide for legislative findings and intent; to provide for definitions; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to authorize mandatory and involuntary HIV testing of certain children who have committed certain delinquent acts in certain cir cumstances; to provide for reporting, recording, and disclosure of certain HIV test results and provide for victim counseling and provide for separate confinement of those children determined to be infected with HIV; to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to redefine the crime of reckless con duct to include certain conduct by HIV infected persons and provide for penalties therefor; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to general procedures for sentencing and imposition of punishment, so as to author ize mandatory and involuntary HIV testing of certain persons who have committed certain crimes and provide for conditions of suspending or probating sentences in certain circum stances; to provide for reporting, recording, and disclosures of certain HIV test results and provide for victim counseling and separate confinement of certain criminals; to amend Arti cle 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to require the Department of Human Resources to prepare and furnish cer tain brochures, HIV test site listings, and forms and require that applicants for a marriage license receive such brochures and listings and acknowledge such receipt prior to being is sued such license; to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to provide that AIDS confidential information will be confidential and prohibit certain persons or legal entities from disclosing or being compelled to disclose AIDS confidential information and provide for exceptions to that prohibition; to require certain disclosures or reporting of AIDS confi dential information and authorize other disclosures or reporting; to authorize the Depart ment of Human Resources and county boards of health to contact HIV infected persons and other persons at risk of infection from those persons for certain purposes and to require such contacting and counseling of certain persons; to provide for immunity from civil and criminal liability for certain disclosures and the failure to make certain disclosures; to pro vide that certain information retains its confidential nature; to prohibit the Department of Human Resources and county boards of health from being compelled to disclose certain information contained in their records and to provide that such information shall not be a public record; to provide for criminal penalties for certain disclosures of AIDS confidential information; to provide for statutory construction; to provide for subpoenas and testimony regarding AIDS confidential information and for certain judicial proceedings to obtain that information; to amend Title 31 of the Official Code of Georgia Annotated, relating to health,

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so as to provide for judicial procedures to require HIV testing and public health measures for HIV infection; to provide for definitions; to limit which persons or legal entities may be utilized to perform HIV tests; to prohibit the sale or offer for sale of certain HIV tests; to provide for anonymous reporting of confirmed positive HIV tests; to provide for counseling regarding HIV tests and exceptions thereto; to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of penal detention generally, so as to provide for mandatory and involuntary HIV testing of certain prisoners and provide for the separate confinement of those determined to be infected with HIV and provide for immunity in connection therewith; to provide for statutory construction; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that the State Board of Pardons and Paroles may obtain from penal institutions, and such institutions may provide to that board, HIV test results regarding certain persons seeking relief from a sentence and author ize the board to require that persons seeking relief from a sentence be required to submit to an HIV test; to authorize the board to consider those test results, among other factors, in determining whether or not to grant relief and to impose conditions upon the granting of such relief; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide for HIV testing of human body parts or the donors thereof prior to making any such part available for use in another human being; to provide for the disposition of human body parts determined to be infected with HIV and provide for notifications of such infection to donors and persons at risk from the HIV infected person; to provide for exceptions; to provide for penalties; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare of the people of this state. In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it. The disease is largely transmitted through sexual contacts and intrave nous drug use, not through casual contact, and, while deadly, is therefore preventable. The key component of the fight against AIDS is education. Through public education and coun seling our citizens can learn how the disease is transmitted and, thus, how to protect them selves and prevent its spread. The Department of Human Resources is encouraged to con tinue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission. In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such measures in the exercise of its police powers in order to deal with AIDS and HIV infection.
Section 2. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding following Code Section 15-11-35 a new Code section to read as follows:
"15-11-35.1. (a) Any term used in this Code section and defined in Code Section 31-229.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, order that child to submit to an HIV test within 45 days following the adjudication of delinquency and shall mail the Department of Human Resources a copy of such order within three days following the issuance thereof.
(c) The Department of Human Resources, within 30 days following receipt of the copy of order under subsection (b) of this Code section, shall arrange for the HIV test for the child ordered to submit thereto.

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(d) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Human Resources, which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS trans mitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Human Resources believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test; and
(3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of chil dren, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been deter mined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined;
(B) That child is reasonably believed to be sexually predatory either during or prior to detention; or
(C) The commissioner of the Department of Human Resources reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted."
Section 3. Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct, is amended by striking that Code section and inserting in its place a new Code Section 16-5-60 to read as follows:
"16-5-60. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) A person who causes bodily harm to or endangers the bodily safety of another per son by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.
(c) A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV:
(1) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person and the HIV infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to that intercourse or sexual act;
(2) Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the other person's body and the needle or syringe so used had been previously used by the HIV infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV infected person's body and where that infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to such use;
(3) Offers or consents to perform with another person an act of sexual intercourse for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to offering or consenting to perform that act of sexual intercourse;
(4) Solicits another person to perform or submit to an act of sodomy for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to soliciting that act of sodomy; or

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(5) Donates blood, blood products, other body fluids, or any body organ or body part without previously disclosing the fact of that infected person's being an HIV infected person to the person drawing the blood or blood products or the person or entity collecting or storing the other body fluids, body organ, or body part,
is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years."
Section 4. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to general procedures for sentencing and imposition of punishment, is amended by adding at the end thereof a new Code section to read as follows:
"17-10-15. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmit ting crime, the court in which that verdict is returned or plea entered may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, require the defendant in such case to submit to an HIV test within 45 days following the date of the verdict or plea. The clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Human Resources.
(c) The Department of Human Resources, within 30 days following receipt of the notifi cation under subsection (b) of this Code section, shall arrange for the HIV test for the person required to submit thereto.
(d) Any person required under this Code section to submit to the HIV test who fails or refuses to submit to the test arranged pursuant to subsection (c) of this Code section shall be subject to such measures deemed necessary by the court in which the verdict was re turned or plea entered to require involuntary submission to the HIV test, and submission thereto may also be made a condition of suspending or probating any part of that person's sentence for the AIDS transmitting crime.
(e) If a person is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the person shall be reported to:
(1) The Department of Human Resources, which may disclose the name of the person if necessary to provide and shall provide counseling to each victim of that person's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompe tent person if the Department of Human Resources believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record and may be authorized to consider that report in imposing sentence. That report shall be sealed by the court; and
(3) The officer in charge of any penal institution or other facility in which the person has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV."
Section 5. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, is amended by adding after Code Section 19-3-35 a new Code section to read as follows:
"19-3-35.1. (a) Any term used in this Code section and defined in Code Section 31-229.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) The Department of Human Resources shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anon ymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by

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subsection (c) of this Code section. The brochures, listings, and forms prepared by the De partment of Human Resources under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988.
(c) On and after October 1, 1988, each person who makes application for a marriage license shall receive from the office of the probate judge at the time of the application the AIDS brochure and listing of HIV test sites prepared and furnished pursuant to subsection (b) of this Code section. On and after October 1, 1988, no marriage license shall be issued unless both the proposed husband and the proposed wife sign a form acknowledging that both have received the brochure and listing."
Section 6. Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, is amended by adding after Code Section 24-9-40 a new Code section to read as follows:
"24-9-40.1. AIDS confidential information as defined in Code Section 31-22-9.1 and dis closed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section 24-9-47."
and is further amended by adding at the end a new Code section to read as follows:
"24-9-47. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Except as otherwise provided in this Code section:
(1) No person or legal entity which receives AIDS confidential information pursuant to this Code section or which is responsible for recording, reporting, or maintaining AIDS con fidential information shall:
(A) Intentionally or knowingly disclose that information to another person or legal en tity; or
(B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity; and
(2) No person or legal entity which receives AIDS confidential information which that person or legal entity knows was disclosed in violation of paragraph (1) of this subsection shall:
(A) Intentionally or knowingly disclose that information to another person or legal en tity; or
(B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity.
(c) AIDS confidential information may be disclosed to the person identified by that information or, if that person is a minor or incompetent person, to that person's parent or legal guardian.
(d) AIDS confidential information may be disclosed to any person or legal entity desig nated to receive that information when that designation is made in writing by the person identified by that information or, if that person is a minor or incompetent person, by that person's parent or legal guardian.
(e) AIDS confidential information may be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if that information is authorized or required by law to be reported to that agency or department.
(f) The results of an HIV test may be disclosed to the person, or that person's desig nated representative, who ordered such tests of the body fluids or tissue of another person.
(g) When the patient of a physician has been determined to be infected with HIV and that patient's physician reasonably believes that the spouse or sexual partner or any child of the patient, spouse, or sexual partner is a person at risk of being infected with HIV by that patient, the physician may disclose to that spouse, sexual partner, or child that the patient

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has been determined to be infected with HIV, after first attempting to notify the patient that such disclosure is going to be made.
(h) (1) An administrator of an institution licensed as a hospital by the Department of Human Resources or a physician having a patient who has been determined to be infected with HIV may disclose to the Department of Human Resources:
(A) The name and address of that patient;
(B) That such patient has been determined to be infected with HIV; and
(C) The name and address of any other person whom the disclosing physician or admin istrator reasonably believes to be a person at risk of being infected with HIV by that patient.
(2) When mandatory and nonanonymous reporting of confirmed positive HIV tests to the Department of Human Resources is determined by that department to be reasonably necessary, that department shall establish by regulation a date on and after which such reporting shall be required. On and after the date so established, each health care provider, health care facility, or any other person or legal entity which orders an HIV test for another person shall report to the Department of Human Resources the name and address of any person thereby determined to be infected with HIV. No such report shall be made regarding any confirmed positive HIV test provided at any anonymous HIV test site operated by or on behalf of the Department of Human Resources.
(3) The Department of Human Resources may disclose that a person has been reported, under paragraph (1) or (2) of this subsection, to have been determined to be infected with HIV to the board of health of the county in which that person resides or is located if reason ably necessary to protect the health and safety of that person or other persons who may have come in contact with the body fluids of the HIV infected person. The Department of Human Resources or county board of health to which information is disclosed pursuant to this paragraph or paragraph (1) or (2) of this subsection:
(A) May contact any person named in such disclosure as having been determined to be an HIV infected person for the purpose of counseling that person and requesting therefrom the name of any other person who may be a person at risk of being infected with HIV by that HIV infected person;
(B) May contact any other person reasonably believed to be a person at risk of being infected with HIV by that HIV infected person for the purposes of disclosing that such infected person has been determined to be infected with HIV and counseling such person to submit to an HIV test; and
(C) Shall contact and provide counseling to the spouse of any HIV infected person whose name is thus disclosed if both persons are reasonably likely to have engaged in sexual intercourse or any other act determined by the department likely to have resulted in the transmission of HIV between such persons within the preceding seven years and if that spouse may be located and contacted without undue difficulty.
(i) Any health care provider authorized to order an HIV test may disclose AIDS confi dential information regarding a patient thereof if that disclosure is made to a health care provider or health care facility which has provided, is providing, or will provide any health care service to that patient and as a result of such provision of service that health care provider or facility:
(1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or
(2) Has a legitimate need for that information in order to provide that health care ser vice to that patient.
(j) A health care provider or any other person or legal entity authorized but not re quired to disclose AIDS confidential information pursuant to this Code section shall have no

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duty to make such disclosure and shall not be liable to the patient or any other person or legal entity for failing to make such disclosure. A health care provider or any other person or legal entity which discloses information as authorized or required by this Code section or as authorized or required by law or rules or regulations made pursuant thereto shall have no civil or criminal liability therefor.
(k) When any person or legal entity is authorized or required by this Code section or any other law to disclose AIDS confidential information to a person at risk of being infected with HIV and that person at risk is a minor or incompetent person, such disclosure may be made to any parent or legal guardian of the minor or incompetent person, to the minor or incompetent person, or to both the minor or incompetent person and any parent or legal guardian thereof.
(1) When an institutional care facility is the site at which a person is at risk of being infected with HIV and as a result of that risk a disclosure of AIDS confidential information to any person at risk at that site is authorized or required under this Code section or any other law, such disclosure may be made to the person at risk or to that institutional care facility's chief administrative or executive officer, or such officer's designee, in which case that officer or designee is authorized to make such disclosure to the person at risk.
(m) When a disclosure of AIDS confidential information is authorized or required by this Code section to be made to a physician, health care provider, or legal entity, that disclo sure may be made to employees of that physician, health care provider, or legal entity who have been designated thereby to receive such information on behalf thereof. Those desig nated employees may thereafter disclose to and provide for the disclosure of that informa tion among such other employees of that physician, health care provider, or legal entity, but such disclosures among those employees are only authorized when reasonably necessary in the ordinary course of business to carry out the purposes for which that disclosure is author ized or required to be made to that physician, health care provider, or legal entity.
(n) Any disclosure of AIDS confidential information authorized or required by this Code section or any other law and any unauthorized disclosure of such information shall in no way destroy the confidential nature of that information except for the purpose for which the authorized or required disclosure is made.
(o) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor.
(p) Nothing in this Code section or any other law shall be construed to authorize the disclosure of AIDS confidential information if that disclosure is prohibited by federal law, or regulations promulgated thereunder, nor shall anything in this Code section or any other law be construed to prohibit the disclosure of information which would be AIDS confiden tial information except that such information does not permit the identification of any person.
(q) A public safety agency or district attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-11-35.1, 1710-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record.
(r) Any person or legal entity required by an order of a court to disclose AIDS confiden tial information in the custody or control of such person or legal entity shall disclose that information as required by that order.
(s) AIDS confidential information may be disclosed as medical information pursuant to Code Section 24-9-40, relating to the release of medical information, or pursuant to any other law which authorizes or requires the disclosure of medical information if:
(1) The person identified by that information:
(A) Has consented in writing to that disclosure; or
(B) Has been notified of the request for disclosure of that information at least ten days

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prior to the time the disclosure is to be made and does not object to such disclosure prior to the time specified for that disclosure in that notice; or
(2) A superior court in an in camera hearing finds by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this paragraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal.
(t) (1) A superior court of this state may order a person or legal entity to disclose AIDS confidential information in its custody or control to:
(A) A prosecutor in connection with a prosecution for the alleged commission of reck less conduct under subsection (c) of Code Section 16-5-60;
(B) Any party in a civil cause of action; or
(C) A public safety agency or the Department of Human Resources if that agency or department has an employee thereof who has, in the course of that employment, come in contact with the body fluids of the person identified by the AIDS confidential information sought in such a manner reasonably likely to cause that employee to become an HIV in fected person and provided the disclosure is necessary for the health and safety of employee, and for purposes of this subsection the term 'petitioner for disclosure' means any person or legal entity specified in subparagraph (A), (B), or (C) of this paragraph.
(2) An order may be issued against a person or legal entity responsible for recording, reporting, or maintaining AIDS confidential information to compel the disclosure of that information if the petitioner for disclosure demonstrates by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests.
(3) A petition seeking disclosure of AIDS confidential information under this subsection shall substitute a pseudonym for the true name of the person concerning whom the informa tion is sought. The disclosure to the parties of that person's true name shall be communi cated confidentially, in documents not filed with the court.
(4) Before granting any order under this subsection, the court shall provide the person concerning whom the information is sought with notice and a reasonable opportunity to participate in the proceedings if that person is not already a party.
(5) Court proceedings as to disclosure of AIDS confidential information under this sub section shall be conducted in camera unless the person concerning whom the information is sought agrees to a hearing in open court.
(6) Upon the issuance of an order that a person or legal entity be required to disclose AIDS confidential information regarding a person named in that order, that person or entity so ordered shall disclose to the ordering court any such information which is in the control or custody of that person or entity and which relates to the person named in the order for the court to make an in camera inspection thereof. If the court determines from that inspec tion that the person named in the order is an HIV infected person, the court shall disclose to the petitioner for disclosure that determination and shall impose appropriate safeguards against unauthorized disclosure which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibi tions on future disclosure.
(7) The record of the proceedings under this subsection shall be sealed by the court.

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(8) An order may not be issued under this subsection against the Department of Human Resources, any county board of health, or any anonymous HIV test site operated by or on behalf of that department.
(u) A health care provider, health care facility, or other person or legal entity who, in violation of this Code section, unintentionally discloses AIDS confidential information, not withstanding the maintenance of procedures thereby which are reasonably adopted to avoid risk of such disclosure, shall not be civilly or criminally liable, unless such disclosure was due to gross negligence or wanton and willful misconduct.
(v) AIDS confidential information may be disclosed when that disclosure is otherwise authorized or required by Code Section 42-1-6, if AIDS or HIV infection is the communica ble disease at issue, or when that disclosure is otherwise authorized or required by any law which specifically refers to 'AIDS confidential information,' 'HIV test results,' or any similar language indicating a legislative intent to disclose information specifically relating to AIDS or HIV.
(w) A health care provider who has received AIDS confidential information regarding a patient from the patient's health care provider directly or indirectly under the provisions of subsection (i) of this Code section may disclose that information to a health care provider which has provided, is providing, or will provide any health care service to that patient and as a result of that provision of service that health care provider:
(1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or
(2) Has a legitimate need for that information in order to provide that health care ser vice to that patient.
(x) Neither the Department of Human Resources nor any county board of health shall disclose AIDS confidential information contained in its records unless such disclosure is au thorized or required by this Code section or any other law, except that such information in those records shall not be a public record and shall not be subject to disclosure through subpoena, court order, or other judicial process.
(y) The protection against disclosure provided by Code Section 24-9-40.1 shall be waived and AIDS confidential information may be disclosed to the extent that the person identified by such information, his heirs, successors, assigns, or a beneficiary of such person, including but not limited to an executor, administrator, or personal representative of such person's estate:
(1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is involved in any civil proceeding regarding such claim;
(2) Places such person's care and treatment, the nature and extent of his injuries, the extent of his damages, his medical condition, or the reasons for his death at issue in any civil or criminal proceeding; or
(3) Is involved in a dispute regarding coverage under any issuance policy or benefit plan.
(z) AIDS confidential information may be collected, used, and disclosed by an insurer in accordance with the provisions of Chapter 39 of Title 33, relating to the collection, use, and disclosure of information gathered by insurance institutions.
(aa) In connection with any civil or criminal action in which AIDS confidential informa tion is disclosed as authorized or required by this Code section, the party to whom that information is thereby disclosed may subpoena any person to authenticate such AIDS confi dential information, establish a chain of custody relating thereto, or otherwise testify re garding that information, including but not limited to testifying regarding any notifications to the patient regarding results of an HIV test. The provisions of this subsection shall apply as to records, personnel, or both of the Department of Human Resources or a county board

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of health notwithstanding Code Section 50-18-72, but only as to test results obtained by a prosecutor under subsection (q) of this Code section and to be used thereby in a prosecution for reckless conduct under subsection (c) of Code Section 16-5-60."
Section 7. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding after Chapter 17 thereof a new Chapter 17A to read as follows:
"CHAPTER 17A
31-17A-1. (a) Any term used in this chapter and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) HIV and the degenerative diseases associated with it are declared to be contagious, infectious, communicable, and extremely dangerous to the public health.
31-17A-2. The authorized agent or agents of the Department of Human Resources are directed and empowered, when in their judgment it is necessary to protect the public health, to make examinations of persons infected or suspected of being infected with HIV and to administer an HIV test with the consent of the person being tested. In the event the person infected or suspected of being infected with HIV refuses to consent to the administration of an HIV test, the authorized agent or agents of the Department of Human Resources are authorized to petition the court for an order authorizing the administration of an HIV test pursuant to the procedure set forth in Code Section 31-17A-3.
31-17A-3. (a) If a person refuses to consent to an HIV test, as provided in Code Section 31-17A-2, the Department of Human Resources may file a civil complaint with the superior court of the county of the residence of the person refusing the test. The complaint shall allege with specificity the basis for the allegations which the department believes support the conclusion that the person is infected with HIV, as well as the scope, nature, and threat to the public health created thereby, and the proposed plan to be adopted to protect the public health in the event the court orders the administration of the HIV test and the per son is found to be an HIV infected person. The person against whom the complaint is filed shall be represented by counsel, and, in the event the person against whom the complaint is filed cannot afford counsel, counsel shall be appointed by the court.
(b) The superior court shall hear the complaint on an expedited basis without a jury. All proceedings before the court shall be sealed.
(c) If after consideration of the evidence, the court finds clear and convincing evidence that the person is reasonably likely to be infected with HIV and that there is a compelling need to protect the public health, the court may order the person to submit to an HIV test, shall retain jurisdiction to render such orders as are appropriate to effectuate that order, and, in the event the person so tested is determined to be infected with HIV, to require such procedures to protect the public health consistent with the least restrictive alternative which is available within the limits of state funds specifically appropriated therefor."
Section 8. Said Title 31 is further amended by adding after Code Section 31-22-9 two new Code sections to read as follows:
"31-22-9.1. (a) As used in this Code section, the term:
(1) 'AIDS' means Acquired Immunodeficiency Syndrome or AIDS Related Complex within the reporting criteria of the department.
(2) 'AIDS confidential information' means information which discloses that a person:
(A) Has been diagnosed as having AIDS;
(B) Has been or is being treated for AIDS;
(C) Has been determined to be infected with HIV;
(D) Has submitted to an HIV test;
(E) Has had a positive or negative result from an HIV test;
(F) Has sought and received counseling regarding AIDS; or

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(G) Has been determined to be a person at risk of being infected with AIDS, and which permits the identification of that person.
(3) 'AIDS transmitting crime' means any of the following offenses specified in Title 16:
(A) Rape;
(B) Sodomy;
(C) Aggravated sodomy;
(D) Child molestation;
(E) Aggravated child molestation;
(F) Prostitution;
(G) Solicitation of sodomy;
(H) Incest;
(I) Statutory rape; or
(J) Any offense involving a violation of Article 2 of Chapter 13 of Title 16, regarding controlled substances, if that offense involves heroin, cocaine, derivatives of either, or any other controlled substance in Schedule I, II, III, IV, or V and that other substance is com monly intravenously injected, as determined by the regulations of the department.
(4) 'Body fluids' means blood, semen, or vaginal secretions.
(5) 'Confirmed positive HIV test' means the results of at least two separate types of HIV tests, both of which indicate the presence of HIV in the substance tested thereby.
(6) 'Counseling' means providing the person with information and explanations medi cally appropriate for that person which may include all or part of the following: accurate information regarding AIDS and HIV: an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV. The Department of Human Resources shall develop brochures or other documents which meet the requirements of this paragraph and, upon delivery of such a brochure or document or of another brochure or document approved by the Department of Human Resources to the person and referral of that person to the De partment of Human Resources for further information and explanations, counseling shall be deemed to have been provided within the meaning of this paragraph.
(7) 'Determined to be infected with HIV means having a confirmed positive HIV test or having been clinically diagnosed as having AIDS.
(8) 'Health care facility' means any:
(A) Institution or medical facility, as defined in Code Section 31-7-1;
(B) Facility for the mentally ill, mentally retarded, or alcoholic or drug dependent per sons, as defined in Code Sections 37-3-1, 37-4-1, and 37-7-1, respectively;
(C) Medical, dental, osteopathic, or podiatric clinic;
(D) Hospice, as defined in Code Section 31-7-172;
(E) Clinical laboratory, as defined in Code Section 31-22-1; or
(F) Administrative, clerical, or support personnel of any legal entity specified in subparagraphs (A) through (E) of this paragraph.
(9) 'Health care provider' means any of the following persons licensed or regulated by the state:
(A) Physician or physician's assistant;

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(B) Osteopath; (C) Podiatrist;
(D) Midwife;
(E) Dentist, dental technician, or dental hygienist; (F) Respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist;
(G) Registered nurse;
(H) Licensed practical nurse; (I) Emergency medical technician, advanced emergency medical technician, paramedic, or cardiac technician;
(J) Clinical laboratory director, supervisor, technician, or technologist;
(K) Funeral director or embalmer; (L) Member of a hospice team, as defined in Code Section 31-7-172;
(M) Nursing home administrator; (N) Professional counselors, social workers, or marriage and family therapists;
(0) Psychologist; (P) Administrative, clerical, or support personnel, whether or not they are licensed or regulated by the state, of any person specified in subparagraphs (A) through (0) of this paragraph; (Q) Trainees, students, or interns, whether or not they are licensed or regulated by the state, of any persons listed in subparagraphs (A) through (O) of this paragraph; or
(R) First responder, as defined in Chapter 11 of this title, although such person is not licensed or regulated by the state.
(10) 'HIV means any type of Human Immunodeficiency Virus, Human T-Cell Lymphotropic Virus Types III or IV, Lymphadenopathy Associated Virus Types I or II, AIDS Re lated Virus, or any other identified causative agent of AIDS.
(11) 'HIV infected person' means a person who has been determined to be infected with HIV, whether or not that person has AIDS, or who has been clinically diagnosed as having AIDS.
(12) 'HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, which test has been approved for such purposes by the regulations of the department.
(13) 'Institutional care facility' means any:
(A) Health care facility;
(B) Child welfare agency, as defined in Code Section 49-5-12;
(C) Group care facility, as defined in Code Section 49-5-3;
(D) Penal institution; or
(E) Military unit.
(14) 'Knowledge of being infected with HIV means actual knowledge of:
(A) A confirmed positive HIV test; or
(B) A clinical diagnosis of AIDS.
(15) 'Law' means federal or state law. (16) 'Legal entity' means a partnership, association, joint venture, trust, governmental

MONDAY, MARCH 7, 1988

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entity, public or private corporation, health care facility, institutional care facility, or any other similar entity.
(17) 'Military unit' means the smallest organizational unit of the organized militia of the state, as defined in Code Section 38-2-2, or of any branch of the armed forces of the United States, which unit is commanded by a commissioned officer.
(18) 'Penal institution' means any jail, correctional institution, or similar facility for the detention of violators of state laws or local ordinances.
(19) 'Person' means a natural person.
(20) 'Person at risk of being infected with HIV means any person who may have al ready come in contact with or who may in the future reasonably be expected to come in contact with the body fluids of an HIV infected person.
(21) 'Physician' means any person licensed to practice medicine under Chapter 34 of Title 43.
(22) 'Public safety agency' means that governmental unit which directly employs a pub lic safety employee.
(23) 'Public safety employee' means an emergency medical technician, fireman, law en forcement officer, or prison guard, as such terms are defined in Code Section 45-9-81, relat ing to indemnification of such personnel for death or disability.
(b) Notwithstanding the provisions of Code Section 31-21-10 and Code Section 31-2211, no person or legal entity, other than an insurer authorized to transact business in this state, shall submit for an HIV test any human body fluid or tissue to any person or legal entity except to:
(1) A clinical laboratory licensed under this chapter;
(2) A clinical laboratory exempt from licensure under Code Section 31-22-9; or
(3) A clinical laboratory licensed as such pursuant to the laws of any other state.
(c) No person or legal entity may sell or offer for sale any HIV test that permits any person or legal entity, including the person whose body fluids are to be tested, to perform that test other than a person or legal entity specified in paragraphs (1) through (3) of sub section (b) of this Code section.
31-22-9.2. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1.
(b) Each health care provider, health care facility, or any other person or legal entity which orders an HIV test for any person shall report each confirmed positive HIV test to the department along with the age, sex, race, and county of residence of the person having the confirmed positive HIV test but shall include in that report no other identifying charac teristics regarding the HIV infected person unless otherwise authorized or required by law. The provisions of this subsection shall be automatically repealed on the beginning date specified by the department, pursuant to paragraph (2) of subsection (h) of Code Section 24-9-47, for the mandatory reporting by name of persons determined to be infected with HIV.
(c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after counseling the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-35.1, 17-10-15, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is un conscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emer-

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gency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample.
(d) The health care provider ordering an HIV test shall provide medically appropriate counseling to the person tested with regard to the test results. Such medically appropriate counseling shall only be required when the last confirmatory test has been completed.
(e) The criminal penalty provided in Code Section 31-22-13 shall not apply to a viola tion of subsection (c) or (d) of this Code section. The statute of limitations for any action alleging a violation of this subsection shall be two years from the date of the alleged violation.
(f) The provisions of this Code section shall not apply to situations in which an HIV test is ordered or required in connection with insurance coverage, provided that the person to be tested or the appropriate representative of that person has agreed to have the test administered under such procedures as may be established by the Commissioner of Insur ance after consultation with the Department of Human Resources."
Section 9. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of penal detention generally, is amended by adding following Code Section 42-5-52 a new Code section to read as follows:
"42-5-52.1. (a) Any term used in this Code section and defined in Code Section 31-229.1. shall have the meaning provided for that term in Code Section 31-22-9.1.
(b) Where any person is committed to the custody of the commissioner to serve time in any penal institution of this state on and after July 1, 1988, the department shall require that person to submit to an HIV test within 30 days after the person is so committed unless that person is in custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15.
(c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Department of Human Resources under Code Section 42-5-52, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15.
(d) Upon failure of an inmate to cooperate in HIV test procedures under this Code section, the commissioner may apply to the superior court for an order authorizing the use of such measures as are reasonably necessary to require submission to the HIV test. Nothing in this Code section shall be construed to limit the authority of the department to require inmates to submit to an HIV test.
(e) Any person determined by the department to be an HIV infected person, whether or not by the test required by this Code section, should be housed separately at existing insti tutions from any other persons not infected with HIV if:
(1) That person is reasonably believed to be sexually active while incarcerated;
(2) That person is reasonably believed to be sexually predatory either during or prior to incarceration; or
(3) The commissioner determines that other conditions or circumstances exist indicat ing that separate confinement would be in the best interest of the department and the in mate population.
but neither the department nor any officials, employees, or agents thereof shall be civilly or

MONDAY, MARCH 7, 1988

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criminally liable for failing or refusing to house HIV infected persons separately from any other persons who are not HIV infected persons."
Section 10. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding following Code Section 42-9-42.1 a new Code section to read as follows:
"42-9-42.1. (a) Any term used in this Code section and defined in Code Section 31-229.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) The board is authorized to obtain from any penal institution, with at least 60 days prior notice to that institution, and any such penal institution is authorized to provide the board with HIV test results regarding any person who applies or is eligible for clemency, a pardon, a parole, or other relief from a sentence or to require such person to submit to an HIV test and to consider the results of any such test in determining whether to grant clem ency, a pardon, a parole, or other relief to such person. Test results obtained pursuant to the authority of this Code section may not be the sole basis for determining whether to grant or deny any such relief to such person, however. The board is further authorized to impose conditions upon any person to whom the board grants clemency, a pardon, a parole, or other relief and who is determined by an HIV test to be infected with HIV, which conditions may include without being limited to those designed to prevent the spread of HIV by that person."
Section 11. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, is amended by adding at the end thereof a new Code section to read as follows:
"44-5-151. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1.
(b) Each health care facility, health care provider, blood bank, tissue bank, sperm bank, or other similar legal entity which procures, processes, distributes, or uses any human body part determined by the Department of Human Resources to have a reasonable probability of transmitting HIV shall subject or have subjected such part, or the donor of such part, to an HIV test prior to making that body part available for use in the body of another human being. Any such body part thus determined to be infected with HIV and any body part the donor of which has thus been determined to be infected with HIV shall not be used in the body of another human being but shall be safely and promptly disposed of or made availa ble for medical research, as provided in the regulations of the Department of Human Resources.
(c) When any body part or the donor thereof has been determined to be infected with HIV pursuant to subsection (b) of this Code section, the person or legal entity which or dered the HIV test of the body part or donor thereof shall:
(1) If the donor is alive and the records of that person or legal entity reflect where the donor can be located, provide personal and confidential notification of such determination to the donor; or
(2) If the donor is deceased, provide confidential notification of such determination to any known physician of the donor, which physician shall have the sole discretion whether the person who executed the gift of the body part or any person at risk of being infected with HIV by the donor should be notified by that physician of such determination.
(d) In a medical emergency constituting a serious threat to the life of a potential recipi ent of blood, if blood that has been subjected to the HIV test required under subsection (b) of this Code section is not available, the testing otherwise required under subsection (b) shall not be required regarding such blood.
(e) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor."
Section 12. All laws and parts of laws in conflict with this Act are repealed.

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Senator Howard of the 42nd moved that the Senate adopt the Conference Committee report on HB 1281.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Johnson Kidd McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Tate Taylor Tysinger Walker

Voting in the negative were Senators Langford and Shumake.

Those not voting were Senators:

Albert Baldwin Barnes Bowen

Foster Kennedy (presiding) Land McGill

Scott of 2nd Stumbaugh Timmons Turner

On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1281.

HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

The Conference Committee report on HB 1785 was as follows:

The Committee of Conference on HB 1785 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1785 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Floyd Hudgins Senator, District 15
/s/ A. Quillian Baldwin, Jr. Senator, District 29
/s/ Lewis H. McKenzie Senator, District 14

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bill Cummings Representative, District 17
/s/ J. Crawford Ware Representative, District 77
/s/ Wade Milam Representative, District 81

MONDAY, MARCH 7, 1988

2371

Conference Committee substitute to HB 1785:

A BILL
To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to change the provisions relating to levy of county taxes for the purchase of foods for school lunch purposes; to change the amount of tax that a municipality may levy and collect to provide funds for municipal development authorities; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, is amended in Code Section 48-5-220, relating to purposes of county taxes, by striking paragraph (18) in its entirety and substituting in lieu thereof a new para graph (18) to read as follows:
"(18) For school lunch purposes, upon property located outside of independent school systems as provided in Article VIII of the Constitution of this state, to provide for payment of costs and expenses incurred in the purchase, replacement, and maintenance of school lunchroom equipment, purchase of school lunchroom supplies, transportation, storage, and preparation of foods, all other costs and expenses incurred in the operation of school lunch programs;".
Section 2. Said chapter is further amended by striking in its entirety Code Section 48-5350, relating to the municipal power to levy and collect tax to provide funds for municipal development authorities, and inserting in lieu thereof a new Code Section 48-5-350 to read as follows:
"48-5-350. Every municipality may levy and collect municipal taxes upon all taxable property within the limits of the municipality to provide for financial assistance to its devel opment authority or a joint county and municipal development authority for the purpose of developing trade, commerce, industry, and employment opportunities. The tax levied for the purposes provided in this Code section shall not exceed three mills per dollar upon the assessed value of the property; provided, however, the authorization contained in this Code section to levy and collect such tax shall not be deemed to be exclusive and shall not pre vent any municipality from exercising any additional power granted to it pursuant to any constitutional amendment, whether general or special, to levy any ad valorem tax for the purpose of providing financial assistance to any municipal or joint county and municipal development authority. The exceptions to the three mill per dollar tax limitation contained in the proviso of the preceding sentence shall not be construed so as to affect any action pending in court on February 20, 1984."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgins of the 15th moved that the Senate adopt the Conference Committee report on HB 1785.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Broun Bryant

Burton Coleman Coverdell Crumbley Dean

Echols Edge English Engram Fincher

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Garner Gillis Harris Harrison Hine Hudgins Huggins Johnson Kidd

Langford McGill McKenzie Newbill Olmstead Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 36th Shumake Starr Tate Taylor Tysinger Walker

Voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Baldwin Barnes Bowen Brannon Dawkins

Foster Howard Kennedy (presiding) Land Perry

Scott of 2nd Stumbaugh Timmons Turner

On the motion, the yeas were 40, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1785.

HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are baila ble only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.

The Conference Committee report on HB 776 was as follows:

The Committee of Conference on HB 776 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 776 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ J. Nathan Deal Senator, 49th District
/s/ Quillian Baldwin Senator, 29th District
/s/ Edward Hine, Jr. Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Johnny Isakson Representative, 21st District
/s/ Lawton E. Stephens Representative, 68th District

Conference Committee substitute to HB 776:

A BILL
To be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, so as to change the provisions relating to offenses which are bailable only before a judge of the superior court; to provide that certain offenses are bailable by a court of inquiry; to provide that certain persons shall not be refused bail; to provide for petitions requesting bail; to

MONDAY, MARCH 7, 1988

2373

provide for conditions for the release of persons on bail; to provide for schedules; to provide for appeal bonds; to provide for designation of judges to perform certain duties; to provide for notices and hearings; to provide for a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, is amended by striking Code Section 17-6-1, relating to persons before whom offenses are bailable, which reads as follows:
"17-6-1. (a) The offenses of rape, aggravated sodomy, armed robbery, aircraft hijacking, treason, murder, and perjury and the offenses of giving, selling, offering for sale, bartering, trafficking, or exchanging of any Schedule I or II controlled substances are bailable only before a judge of the superior court; and the granting of bail is, in every case except as otherwise provided in subsection (b) of this Code section, a matter of sound discretion. All other offenses are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.
(b) (1) The following persons shall not be entitled to or released on bail:
(A) Any person charged with committing a felony listed in paragraph (2) of this subsec tion who has previously been convicted of the commission of a felony listed in paragraph (2) of this subsection;
(B) Any person charged with committing a felony listed in paragraph (2) of this subsec tion while such person is on probation or parole with respect to a felony listed in paragraph (2) of this subsection; or
(C) Any person charged with committing a felony listed in paragraph (2) of this subsec tion while such person is on bail or has been released on his own recognizance for a felony listed in paragraph (2) of this subsection.
(2) The felonies to which paragraph (1) of this subsection applies are:
(A) Murder;
(B) Rape or aggravated sodomy;
(C) Armed robbery;
(D) Kidnapping;
(E) Arson;
(F) Burglary;
(G) Aircraft hijacking;
(H) Manufacturing, distributing, delivering, dispensing, administering, selling, or pos sessing with intent to distribute any controlled substance classified under Code Section 1613-25 as Schedule I or under Code Section 16-13-26 as Schedule II; or
(I) Aggravated assault.
(c) Except for persons charged with crimes provided for under subparagraph (b)(2)(H) of this Code section, any person who is not entitled to bail as provided in subsection (b) of this Code section may petition the superior court requesting that he be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after the receipt of such petition. The court shall be authorized to release the person charged with a felony listed in paragraph (2) of subsection (b) of this Code section on bail or his own recog nizance if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;

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(2) Poses no significant threat or danger to any person, or to the community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending trial; and
(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the ad ministration of justice.
If the person charged with a felony listed in paragraph (2) of subsection (b) of this Code section or the prosecuting attorney is aggrieved by a decision of the court, such order may be appealed.
(d) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, kidnapping, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(e) (1) Except as provided in paragraph (2) of this subsection, the judge of any court of inquiry may by written order establish a schedule of bails. A person charged with commit ting any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used.
(2) The authority granted in paragraph (1) of this subsection shall not apply to any offense listed in subsection (b) of this Code section.",
and inserting in lieu thereof a new Code Section 17-6-1 to read as follows:
"17-6-1. (a) The following offenses are bailable only before a judge of the superior court:
(1) Treason;
(2) Murder;
(3) Rape;
(4) Aggravated sodomy;
(5) Armed robbery;
(6) Aircraft hijacking;
(7) Aggravated child molestation;
(8) Manufacturing, distributing, delivering, dispensing, administering, selling, or pos sessing with intent to distribute any controlled substance classified under Code Section 1613-25 as Schedule I or under Code Section 16-13-26 as Schedule II;
(9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; and
(10) Kidnapping, arson, aggravated assault, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with re spect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection.
(b) All offenses not included in subsection (e) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misde meanor be refused bail.
(c) When a hearing is held pursuant to Code Section 17-4-26 or 17-4-62 for a person charged with any offense which is bailable only before a judge of the superior court as pro vided in subsection (a) of this Code section, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. The superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 20 days after the receipt of such notice.

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(d) A person charged with any offense which is bailable only before a judge of the supe rior court as provided in subsection (a) of this Code section may petition the superior court requesting that he be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after receipt of such petition.
(e) A court shall be authorized to release a person on bail if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending trial; and
(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the ad ministration of justice.
(f) Except as provided in subsection (a) of this Code section, the judge of any court of inquiry may by written order establish a schedule of bails. Unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used.
(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, traffick ing in cocaine or marijuana, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(h) As used in this Code section, the term 'bail' shall include the releasing of a person on his own recognizance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on HB 776.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Garner Gillis Harris Harrison Hine Huggins Johnson Langford McGill McKenzie Newbill

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes Bowen Foster Howard

Hudgins Kennedy (presiding) Kidd Land

Olmstead Scott of 2nd Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 776.

HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.

The Conference Committee report on HB 1365 was as follows:

The Committee of Conference on HB 1365 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1365 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Glenn E. Bryant Senator, 3rd District
/s/ James W. Tysinger Senator, 41st District
/s/ Paul C. Broun Senator, 46th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton H. Colwell Representative, 4th District
/s/ Denmark Groover Representative, 99th District
/s/ Henry Bostick Representative, 138th District

Conference Committee substitute to HB 1365:

A BILL
To be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that, the provisions of any other laws of this state to the contrary notwithstanding, certain named state authorities shall not be authorized to sell real property; to provide for exceptions; to provide for definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, is amended by adding, immedi ately following Code Section 50-16-3, a new Code Section 50-16-3.1 to read as follows:
"50-16-3.1. (a) As used in this Code section, the term 'state authority' means:
(1) The Georgia Building Authority (Hospital) provided for in Article 2 of Chapter 7 of Title 31;
(2) The Jekyll Island--State Park Authority provided for in Part 1 of Article 7 of Chapter 3 of Title 12; or

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(3) The Stone Mountain Memorial Association provided for in Part 4 of Article 6 of Chapter 3 of Title 12.
(b) The provisions of any other laws of this state to the contrary notwithstanding, no state authority shall be authorized to sell real property; provided, however, this prohibition shall not apply to the sale or other disposition of real property by a state authority when such real property is necessary for a public road right of way."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Tysinger of the 41st moved that the Senate adopt the Conference Committee report on HB 1365.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon B,,Brroyuannt Burton Coleman
Crumbley Dawkins Dean
Echols Edge

English Engram Fincher Garner Gillis HTHTaarrrnisson Hine Hudgins
Huggins Johnson Langford
McGill Newbill

Peevy Phillips Ragan of 10th Ragan of 32nd pjay oe<,n, um,,,,,a!k,_e ^tarr , , Stumbaugh
Tate Taylor Turner
Tysinger Walker

Those not voting were Senators:

Barnes Bowen Coverdell Deal Foster

Howard Kennedy (presiding) Kidd Land McKenzie

Olmstead Perry Scott of 2nd Scott of 36th Timmons

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1365.

Senator Hudgins of the 15th moved that the Senate reconsider its action previously today in adopting the Conference Committee report on the following bill of the House:

HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Conference Committee report on HB 1785 was reconsidered.

Senator Hudgins of the 15th moved that the Senate adopt the Conference Committee report on HB 1785.

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JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Brannon Bryant Burton Coleman Coverdell Crumbley Dean Echols Edge English Engram

Fincher Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Langford McGill McKenzie

Newbill Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those voting in the negative were Senators:

Broun Dawkins

Johnson

Peevy

Those not voting were Senators:

Albert Barker Barnes Bowen Deal

Foster Kennedy (presiding) Kidd Land Olmstead

Perry Scott of 2nd Shumake Timmons Walker

On the motion, the yeas were 37, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1785.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.

The Speaker has appointed on the part of the House, Representatives Pannell of the 122nd, Childers of the 15th and Thomas of the 69th.

MONDAY, MARCH 7, 1988

2379

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 201. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the accept ance of written waivers of extradition.
SB 545. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees.
SB 352. By Senator Scott of the 36th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses under the "Quality Basic Education Act," so as to provide that the State Board of Education shall prescribe a course of study in sex education for all grades and grade levels other than kindergarten in the public school system and shall establish standards for its administration.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 407. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, so as to delete the requirement that a person making application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county be 18 years of age or older.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 352. By Senator Scott of the 36th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses under the "Quality Basic Education Act," so as to provide that the State Board of Education shall prescribe a course of study in sex education for all grades and grade levels other than kindergarten in the public school system and shall establish standards for its administration.
The House substitute to SB 352 was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study; to provide for certain stan dards; to provide that the State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction and shall establish standards for its administration; to provide for certain topics of instruction; to provide for minimum periods

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of instruction; to provide for a manual for such course of study; to provide for implementa tion of such minimum course of study or its equivalent; to provide for noncompliance; to provide that a parent or guardian may elect that a child not receive such course of study; to prohibit any facility operated on public school property or operated by a public school dis trict or any employee thereof acting within the scope of such employee's employment from providing certain health services to public school students; to limit the funding for the dis tribution of certain items; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding a new Code section im mediately following Code Section 20-2-142, to be designated Code Section 20-2-143, to read as follows:
"20-2-143. (a) Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the public school system as shall be determined by the State Board of Education. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such minimum course of study with such specific curriculum standards as it may deem appropriate. Such standards shall include instruction relating to the handling of peer pressure, promotion of high self-esteem, local community values, and abstinence from sexual activity as an effective method of prevention of pregnancy, sexually transmitted dis eases, and acquired immune deficiency syndrome.
(b) The State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction which may be included as a part of a course of study in comprehensive health education for such grades and grade levels in the public school system as shall be determined by the state board and shall establish standards for its administration. The course may include instruction concerning human biology, conception, pregnancy, birth, sexually transmitted diseases, and acquired immune deficiency syndrome. A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose.
(c) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 1988. Each local board shall implement either such minimum course of study or its equivalent not later than July 1, 1989. Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented.
(d) Any parent or legal guardian of a child to whom the course of study set forth in this Code section is to be taught shall have the right to elect, in writing, that such child not receive such course of study."
Section 2. Said chapter is further amended by adding a new Code section immediately following Code Section 20-2-772, to be designated Code Section 20-2-773, to read as follows:
"20-2-773. (a) No facility operated on public school property or operated by a public school district and no employee of any such facility acting within the scope of such em ployee's employment shall provide any of the following health services to public school students:
(1) Distribution of contraceptives;
(2) Performance of abortions;
(3) Referrals for abortion; or

MONDAY, MARCH 7, 1988

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(4) Dispensing abortifacients.
(b) The Department of Education and local units of administration are prohibited from utilizing state funds for the distribution of contraceptives."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 36th moved that the Senate agree to the House substitute to SB 352.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Burton Crumbley Dawkins eal DEcehaonls
Edge English Engram
Fincher Garner

Gillis Harris Harrison Hine Howard "udS.lns MKiudgdgins
Langford McGill McKenzie
Peevy Perry

Ragan of 10th Ragan of 32nd Ray gcott of 2nd Scott of 36th Shumake ctarr
Tate Taylor Turner
Tysinger Walker

Voting in the negative were Senators Coverdell and Newbill.

Those not voting were Senators:

Albert AUgood BBoawrneens Brannon Broun

Bryant Coleman ,,Foster Johnson Kennedy (presiding)

Land Olmstead TPHh.l-lIlIl- P s Stumbaugh Timmons

On the motion, the yeas were 38, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 352.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 407. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, so as to delete the requirement that a person making application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county be 18 years of age or older.

The House amendment was as follows: Amend SB 407 by reinserting the stricken language on the following pages and lines: Line 28, page 2;

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Lines 22 and 23, page 4; Line 11, page 6; and Lines 17 and 18, page 7.

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 407.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Garner Gillis Harris Harrison Hine Howard Hudgins Kidd Langford McGill Newbill Olmstead

Peevy Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Bowen Broun Coleman

Foster Huggins Johnson Kennedy (presiding) Land

McKenzie Perry Phillips Stumbaugh Timmons

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 407.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in substituting the following bill of the Senate:

SB 621. By Senators Allgood of the 22nd, Bryant of the 3rd, Scott of the 2nd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor.

MONDAY, MARCH 7, 1988

2383

The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 621. By Senators Allgood of the 22nd, Kennedy of the 4th, Bryant of the 3rd and others: A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor.
Senator Allgood of the 22nd moved that the Senate adhere to its disagreement to the House substitute to SB 621 and that a Conference Committee be appointed.
On the motion, the yeas were 28, nays 1; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 621.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Peevy of the 48th, Crumbley of the 17th and Allgood of the 22nd.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 6:40 o'clock P.M. until 7:00 o'clock P.M.
At 7:00 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has dissolved Conference Committee #1 and has appointed Conference Committee #2 on the following bill of the Senate:
SB 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of five grams or more of pure cocaine, commonly known as "crack," shall constitute a crime; to provide for penalties.
The Speaker has appointed on the part of the House, Representatives Twiggs of the 4th, Hanner of the 131st and Ramsey of the 3rd.
The House has dissolved Conference Committee #1 and has appointed Conference Committee #2 on the following bill of the House:
HB 743. By Representatives Watson of the 114th and Robinson of the 58th: A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".

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JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House, Representatives Watson of the 114th, Pettit of the 19th and Kilgore of the 42nd.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 124. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.
Senator Scott of the 2nd moved that, since the House has dissolved the First Confer ence Committee on the following bill of the House, a Second Conference Committee be appointed:
HB 743. By Representatives Watson of the 114th and Robinson of the 58th: A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".
On the motion, the yeas were 29, nays 0; the motion prevailed, and the President ap pointed as a Second Conference Committee on the part of the Senate the following:
Senators Scott of the 2nd, Langford of the 35th and Tysinger of the 41st.
The following resolution of the Senate was read and adopted:
SR 508. By Senators Garner of the 30th, Albert of the 23rd, Barnes of the 33rd and Edge of the 28th: A resolution relative to Hulk Hogan losing the World Wrestling Federation Championship.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 109. By Senator Deal of the 49th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the manufacture of controlled substances without a license or registration; to provide a definition; to provide punishments.
The House substitute to SB 109 was as follows:
A BILL
To be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled sub stances and dangerous drugs; to provide effective dates; so as to eliminate the requirement that a person be in actual possession of certain controlled substances to be guilty of certain offenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to

MONDAY, MARCH 7, 1988

2385

controlled substances, is amended by adding at the end of paragraph (3) of Code Section 1613-25, relating to Schedule I controlled substances, the following new subparagraphs:
"(FF) 2, 5-Dimethoxy-4-Ethylamphetamine;
(GG) Cathinone;
(HH) MPPP (l-Methyl-4-Phenyl-4-Propionoxypiperidine);
(II) PEPAP;
(JJ) Alpha-Methylthiofentanyl;
(KK) Acetyl-Alpha-Methylfentanyl;
(LL) 3-Methylthiofentanyl;
(MM) Beta-Hydroxyfentanyl;
(NN) Thiofentanyl;
(00) 3, 4-Methylenedioxy-N-Ethylamphetamine;
(PP) 4-Methylaminorex;
(QQ) N-Hydroxy-3, 4-Methylenedioxyamphetamine;
(RR) Beta-Hydroxy-3-Methylfentanyl;"
Section 2. Said chapter is further amended by striking subparagraph (D) of paragraph (1) of Code Section 16-13-26, relating to Schedule II controlled substances, and inserting in its place a new subparagraph to read as follows:
"(D) Cocaine, coca leaves, any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, derivative, stereoisomers of cocaine, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;".
Section 3. Said chapter is further amended by adding at the end of paragraph (3) of Code Section 16-13-26, relating to Schedule II controlled substances, the following new subparagraphs:
"(E) Carfentanil;
(F) Nabilone;
(G) Dimethylamphetamine;"
Section 4. Said chapter is further amended by adding at the end of paragraph (2) of Code Section 16-13-27, relating to Schedule III controlled substances, a new subparagraph to read as follows:
"(L) Tiletamine/Zolozepam (Telazol);"
Section 5. Said chapter is further amended by adding in the appropriate paragraph positions of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled sub stances, new paragraphs to read as follows:
"(2.3) Cathine;
(13.2) Fencamfamin;
(14.2) Fenproporex;
(19.2) Mefenorex;"
Section 6. Said chapter is further amended by striking the period at the end of para graph (2) of Code Section 16-13-29, relating to Schedule V controlled substances, and in-

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JOURNAL OF THE SENATE

serting in its place a semicolon and adding immediately thereafter new paragraphs to read as follows:
"(3) Propylhexedrine; or
(4) Pyrovalerone;"
Section 7. Said chapter is further amended by striking paragraph (629.1) of subsection (b) of Code Section 16-13-71, relating to dangerous drug definitions, which reads as follows:
"(629.1) Nabilone;"
Section 8. Said chapter is further amended by striking in its entirety Code Section 1613-31, relating to penalties for trafficking in certain controlled substances and marijuana, and inserting in its place a new Code Section 16-13-31 to read as follows:
"16-13-31. (a) (1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:
(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprison ment of ten years and shall pay a fine of $100,000.00;
(B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprison ment of 15 years and shall pay a fine of $250,000.00; and
(C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00.
(2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of co caine contained in the mixture exceeds any of the quantities of cocaine specified in para graph (1) of this subsection. Upon conviction thereof, such person shall be punished as pro vided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing.
(b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of four grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00;
(2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and
(3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00.
(c) Any person who knowingly sells, manufactures, grows, delivers, brings into this

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2387

state, or has possession of a quantity of marijuana exceeding 100 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of marijuana involved is in excess of 100 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $25,000.00;
(2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $50,000.00; and
(3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $200,000.00.
(d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (5) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and
(2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00.
(e) (1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment pre scribed by this Code section.
(2) The district attorney may move the sentencing court to impose a reduced or sus pended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance.
(f) Any person who violates any provision of this Code section in regard to trafficking in cocaine, illegal drugs, or marijuana shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $500,000.00."
Section 9. Section 8 of this Act shall become effective July 1, 1988, and the remaining provisions of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
Senators Deal of the 49th, Hine of the 52nd and Perry of the 7th moved that the Senate agree to the House substitute to SB 109 by the following substitute:
A BILL
To be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled sub stances and dangerous drugs; to eliminate the requirement that a person be in actual posses sion of certain controlled substances to be guilty of certain offenses; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking subparagraph (D) of paragraph (1) of Code Section 16-13-26, relating to Schedule II controlled substances, and inserting in its place a new subparagraph to read as follows:
"(D) Cocaine, coca leaves, any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, derivative, stereoisomers of cocaine, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine,".
Section 2. Said chapter is further amended by striking in its entirety Code Section 1613-31, relating to penalties for trafficking in certain controlled substances and marijuana, and inserting in its place a new Code Section 16-13-31 to read as follows:
"16-13-31. (a) (1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:
(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprison ment of ten years and shall pay a fine of $100,000.00;
(B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprison ment of 15 years and shall pay a fine of $250,000.00; and
(C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00.
(2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of co caine contained in the mixture exceeds any of the quantities of cocaine specified in para graph (1) of this subsection. Upon conviction thereof, such person shall be punished as pro vided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing.
(b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of four grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00;
(2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and
(3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00.

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2389

(c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 100 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of marijuana involved is in excess of 100 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $25,000.00;
(2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $50,000.00; and
(3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $200,000.00.
(d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (5) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and
(2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00.
(e) (1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment pre scribed by this Code section.
(2) The district attorney may move the sentencing court to impose a reduced or sus pended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance.
(f) Any person who violates any provision of this Code section in regard to trafficking in cocaine, illegal drugs, or marijuana shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $500,000.00."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Brannon Broun Burton Coverdell

Deal Dean Echols Edge English Engram Fincher

Foster Garner Gillis Hine Howard Huggins Johnson

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Kidd McGill McKenzie Newbill Olmstead Peevy

Perry Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake

Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Allgood
Barker BDBaryrnaensit Coleman
Crumbley

Dawkins
Harris HHTTuardjrgisinosn Kennedy (presiding)
Land

Langford Phillips cocott or,. _2nd,
Taylor Timmons

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 109 by the Senate substitute.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 367. By Senators Peevy of the 48th, Allgood of the 22nd, Stumbaugh of the 55th and others:
A bill to amend Code Section 31-9-6 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.

The Conference Committee report on SB 367 was as follows:

The Committee of Conference on SB 367 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 367 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Bonn M. Peevy Senator, 48th District
/s/ Alex Crumbley Senator, 17th District
/s/ Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Tommy Chambless Representative, 133rd District
/s/ Jim Pannell Representative, 122nd District

Conference Committee substitute to SB 367:

A BILL
To be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to require disclosure of certain information to any person who undergoes certain surgical or diagnostic procedures; to provide that when certain consent is not obtained in

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2391

writing then no presumption shall arise as to the validity of such consent; to provide that certain forms of written consent shall be rebuttably presumed to be valid consent under certain circumstances; to provide for methods of disclosure; to provide that causes of action for failure to comply with this Act shall be actions for medical malpractice; to prohibit such causes of action under certain circumstances; to provide for exceptions to such required disclosure; to provide for application of such consent to certain other medical personnel; to provide for consent to courses of treatment; to provide that the Composite State Board of Medical Examiners shall adopt rules, regulations, and procedures establishing standards for physician compliance of this Act; to provide that such board shall notify certain physicians of the adoption of this Act; to provide a definition; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treatment, is amended by ad ding a new Code section immediately following Code Section 31-9-6, to be designated Code Section 31-9-6.1, to read as follows:
"31-9-6.1. (a) Except as otherwise provided in this Code section, any person who under goes any surgical procedure under general anesthesia, spinal anesthesia or major regional anesthesia or any person who undergoes an amniocentesis diagnostic procedure or a diag nostic procedure which involves the intravenous injection of a contrast material must con sent to such procedure and shall be informed in general terms of the following:
(1) A diagnosis of the patient's condition requiring such proposed surgical or diagnostic procedure;
(2) The nature and purpose of such proposed surgical or diagnostic procedure;
(3) The material risks generally recognized and accepted by reasonably prudent physi cians of infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death involved in such proposed surgical or diagnostic procedure which, if disclosed to a reasonably prudent person in the patient's position, could reasonably be expected to cause such prudent person to decline such proposed surgical or diagnostic procedure on the basis of the material risk of injury that could result from such proposed surgical or diagnostic procedure;
(4) The likelihood of success of such proposed surgical or diagnostic procedure;
(5) The practical alternatives to such proposed surgical or diagnostic procedure which are generally recognized and accepted by reasonably prudent physicians; and
(6) The prognosis of the patient's condition if such proposed surgical or diagnostic pro cedure is rejected.
(b) (1) If a consent to a surgical or diagnostic procedure is required to be obtained under this Code section and such consent is not obtained in writing in accordance with the requirements of this Code section, then no presumption shall arise as to the validity of such consent.
(2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and such consent discloses in general terms the information required in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter, then such consent shall be rebuttably presumed to be a valid consent.
(c) In situations where a consent to a surgical or diagnostic procedure is required under this Code section, it shall be the responsibility of the responsible physician to ensure that the information required by subsection (a) of this Code section is disclosed and that the consent provided for in this Code section is obtained. The information provided for in this

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Code section may be disclosed through the use of video tapes, audio tapes, pamphlets, book lets, or other means of communication or through conversations with nurses, physician's assistants, trained counselors, patient educators, or other similar persons known by the re sponsible physician to be knowledgeable and capable of communicating such information; provided, however, that for the purposes of this Code section only, if any employee of a hospital or ambulatory surgical treatment center participates in any such conversations at the request of the responsible physician, such employee shall be considered for such pur poses to be solely the agent of the responsible physician.
(d) A failure to comply with the requirements of this Code section shall not constitute a separate cause of action but may give rise to an action for medical malpractice as defined in Code Section 9-3-70 and as governed by other provisions of this Code relating to such ac tions; and any such action shall be brought against the responsible physician or any hospi tal, ambulatory surgical treatment center, professional corporation, or partnership of which the responsible physician is an employee or partner and which is responsible for such physi cian's acts, or both, upon a showing that:
(1) That the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure;
(2) That information concerning the injury suffered was not disclosed as required by this Code section; and
(3) That a reasonably prudent patient would have refused the surgical or diagnostic procedure or would have chosen a practical alternative to such proposed surgical or diagnos tic procedure if such information had been disclosed;
provided, however, that, as to an allegation of negligence for failure to comply with the requirements of this Code section, the expert's affidavit required by Code Section 9-11-9.1 shall set forth that the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure and that such injury was a material risk required to be disclosed under this Code section.
(e) The disclosure of information and the consent provided for in this Code section shall not be required if:
(1) An emergency exists as defined in Code Section 31-9-3;
(2) The surgical or diagnostic procedure is generally recognized by reasonably prudent physicians to be a procedure which does not involve a material risk to the patient involved;
(3) If a patient or other person or persons authorized to give consent pursuant to this chapter make a request in writing that the information provided for in this Code section not be disclosed;
(4) A prior consent, within ten (10) days of the surgical or diagnostic procedure, com plying with the requirements of this Code section to the surgical or diagnostic procedure has been obtained as a part of a course of treatment for the patient's condition; provided, how ever, that if such consent is obtained in conjunction with the admission of the patient to a hospital for the performance of such procedure, the consent shall be valid for a period of 30 days from the date of admission or for the period of time the person is confined in the hospital for that purpose, whichever is greater; or
(5) The surgical or diagnostic procedure was unforeseen or was not known to be needed at the time consent was obtained, and the patient has consented to allow the responsible physician to make the decision concerning such procedure.
(f) A prior consent to surgical or diagnostic procedures obtained pursuant to the provi sions of this Code section shall be deemed to be valid consent for the responsible physician and all medical personnel under the direct supervision and control of the responsible physi cian in the performance of such surgical or diagnostic procedure and for all other medical personnel otherwise involved in the course of treatment of the patient's condition.
(g) The Composite State Board of Medical Examiners shall be required to adopt and

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2393

have the authority to promulgate rules and regulations governing and establishing the stan dards necessary to implement this chapter specifically including but not limited to the disci plining of a physician who fails to comply with this Code section.
(h) As used in this Code section, the term 'responsible physician' means the physician who performs the procedure or the physician under whose direct orders the procedure is performed by a nonphysician."
Section 2. The Composite State Board of Medical Examiners shall be required to in form all physicians licensed in this state of the adoption of this Act within a reasonable period of time after such Act has been signed by the Governor.
Section 3. This Act shall become effective on January 1, 1989, and shall apply to all such surgical or diagnostic procedures performed on or after January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th moved that the Senate adopt the Conference Committee report on SB 367.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon Broun Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Huggins Johnson Kidd Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Turner Tysinger

Voting in the negative was Senator Albert.

Those not voting were Senators:

Barnes Brvant Dawkins Howard Hudgins

Kennedy (presiding) Land McKenzie Scott of 2nd

Tate Taylor Timmons Walker

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 367.

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

SB 201. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate

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courts shall have jurisdiction over the execution or subscribing and the accept ance of written waivers of extradition.
The House substitute to SB 201 was as follows:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the acceptance of written waivers of extradition; to require all sheriffs to have a high school diploma or its equivalent; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking from Code Section 15-10-2, relating to the jurisdiction of magistrate courts, the word "and" at the end of paragraph (10), by replacing the period at the end of paragraph (11) with the symbol and word "; or", and by adding thereafter a new paragraph (12) to read as follows:
"(12) The execution or subscribing and the acceptance of written waivers of extradition in the same manner provided for in Code Section 17-13-46."
Section 2. Said title is further amended by striking subsection (g) of Code Section 1516-1, relating to qualifications of sheriffs, and inserting in its place a new subsection (g) to read as follows:
"(g) The requirements of subparagraphs (c)(l)(D) and (c)(l)(H) of this Code section and the requirements of subsections (d) and (e) of this Code section shall be deemed to have been met by any person who shall have served as a duly qualified and elected sheriff of one of the several counties of this state for a period of two years."
Section 3. (a) Except as provided in subsection (b) of this section, this Act shall become effective July 1, 1988.
(b) Section 2 of this Act shall become effective January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th moved that the Senate disagree to the House substitute to SB 201.
On the motion, the yeas were 32, nays 1; the motion prevailed, and the Senate disagreed to the House substitute to SB 201.
SB 124. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.
The House substitute to SB 124 was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who has accumulated sick leave to utilize such sick leave at any time such employees are sick; to authorize a supervisor to require that an employee who is absent from work on sick leave for three or more days to provide written confirmation of such illness or incapacity by a medical practitioner; to amend Code Section

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2395

45-18-10 of the Official Code of Georgia Annotated, relating to the right of former employees to continue coverage in the state employees' health insurance plan, so as to change the pro visions relating to the continuation of coverage of former members of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, is amended by adding at the end thereof a new Code Section 45-20-16 to read as follows:
"45-20-16. Any employee in the classified service who has accumulated sick leave shall be authorized to utilize such sick leave at any time that the employee is sick; provided, however, that, if an employee is absent from work on sick leave for four or more days within a one year period, the employee's supervisor may require the employee to provide written confirmation of such illness or incapacity by a medical practitioner licensed under Chapter 34 of Title 43; provided, further, that whenever an employee is sick and absent from work the employee shall report each day by telephone to the appropriate authority."
Section 2. Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of former employees to continue coverage in the state employees' health insurance plan, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 45-18-10 to read as follows:
"45-18-10. Any other provision of this article to the contrary notwithstanding, on and after July 1, 1978, any employee who resigns from employment or who fails to be reelected or who does not seek reelection to office and who at the time he leaves office or employment has completed eight or more years of service as an employee, as defined in Code Section 4518-1, shall be entitled to continue full coverage and participation, including coverage for his spouse and dependent children, in the health insurance plan upon the payment of an annual premium to be fixed by the board; and, in addition thereto, any member of the General Assembly who ceased to hold office as such at any time after January 1, 1981, and who was eligible to retire at the time of leaving office, except for the attainment of retirement age, pursuant to a public retirement system created by law to which the General Assembly ap propriates funds, and who does not withdraw employee contributions from such public re tirement system, shall be entitled to continue full coverage and participation, including cov erage for the spouse and dependent children of such person, in the health insurance plan by continuing to pay to the board the monthly premium which is paid by an active state em ployee. The annual premium provided for in this Code section must be paid within 30 days following receipt of a notice of premium to be sent to such person by the board. If the annual premium is not paid within such time limit, such insurance coverage shall be can celed and such person shall not again be eligible to participate in such plan. This Code section shall not affect the rights otherwise available under this article to retired employees and their spouses and dependents. The board is authorized to establish terms and condi tions for participation which the board shall deem appropriate and which are not in conflict with this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate disagree to the House substitute to SB 124.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 124.
SB 495. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Annotated, relating to exclusivity of rights and remedies granted to employees and actions against third-party tort-feasors or other persons providing workers' compensation benefits, so as to provide that an employer or other person providing workers'

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compensation benefits shall receive credit for workers' compensation benefits paid to an employee under certain conditions.

The House substitute to SB 495 was as follows:

A BILL
To be entitled an Act to amend Code Section 34-9-265 of the Official Code of Georgia Annotated, relating to liability for compensation for death resulting from causes other than injury and payment of compensation for death resulting from injury, so as to provide for a penalty in certain cases in which death is caused by the intentional act of the employer; to provide for a limit on such payment; to provide that such employer shall be deemed to have intended an injury under certain conditions; to provide an effective date and for applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-9-265 of the Official Code of Georgia Annotated, relating to liability for compensation for death resulting from causes other than injury and payment of compensation for death resulting from injury, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) If it shall be determined that the death of an employee was the direct result of an injury proximately caused by the intentional act of the employer with specific intent to cause such injury, then there shall be added to the weekly income benefits paid to the de pendents, if any, of the deceased employee a penalty of 20 percent; provided, however, such penalty in no case shall exceed $20,000.00. For the purpose of this subsection, an employer shall be deemed to have intended an injury only if the employer had actual knowledge that the intended act was certain to cause such injury and knowingly disregarded this certainty of injury. Nothing in this subsection shall limit the effect of Code Section 34-9-11."
Section 2. This Act shall become effective July 1, 1988, and shall apply with respect to causes of action arising on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 495.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen
^ rannon TMTMt
Cdeman Coverdell
Crumbley Deal Dean Edge English

Engram Garner Gillis Harris Harrison
Hine Howard
" uu^ ins Johnson
Kldd Langford McGill McKenzie Newbill

Olmstead Peevy Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th
ftarr u Stumbaugh
Tate Taylor Timmons Tysinger Walker

MONDAY, MARCH 7, 1988

2397

Those voting in the negative were Senators:

Barker Burton

Echols Perry

Turner

Those not voting were Senators:

Dawkins Fincher Foster

Hudgins Kennedy (presiding) Land

Phillips Shumake

On the motion, the yeas were 43, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 495.

Senator Starr of the 44th moved that the Senate Rule requiring a Conference Commit tee report to be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on the following bill of the House be considered:

HB 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1988.

On the motion, the yeas were 36, nays 0; the motion was lost.

Senator Starr of the 44th moved that the Senate reconsider its action in defeating his motion.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the motion offered by Senator Starr of the 44th was reconsidered.

Senator Starr of the 44th moved that the Senate Rule requiring a Conference Commit tee report to be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on HB 216 be considered.

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Conference Committee report on HB 216, as follows, was considered by the Senate:
The Committee of Conference on HB 216 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 216 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Terrell A. Starr Senator, 44th District
Is/ Roy E. Barnes Senator, 33rd District
kl Thomas F. Allgood Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District
/s/ Terry L. Coleman Representative, 118th District

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Conference Committee substitute to HB 216:
A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1987-1988, known as the "General Appropriations Act," approved April 20, 1987 (Ga. L. 1987, p. 1497), as amended by an Act approved February 25, 1988 (Act No. 823, HB 1267), so as to change certain language; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1987-1988, known as the "General Appropriations Act," approved April 20, 1987 (Ga. L. 1987, p. 1497), as amended by an Act approved February 25, 1988 (Act No. 823, HB 1267), is amended by striking the fifth paragraph in Section 73 in its entirety and by substituting in lieu thereof a new fifth paragraph to read as follows:
"Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $768,000 is specifically appropriated for the purpose of financing the purchase and installation of a new pulping machine and the modernization of a paper machine for the Board of Regents of the University System of Georgia and to finance any other improvements associated with such purchase and installation, by means of the demolition, acquisition, construction, development, extension, enlargement and im provement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200.00 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months."
Section 2. Said Act is further amended by striking from Section 73 the words "Georgia Southern University" and by inserting in lieu thereof the words "Georgia Southern College".
Section 3. Said Act is further amended by striking from Section 73 the following:
"Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $15,998,850 is specifically appropriated for the State Board of Education for the purpose of financing educational facilities for county and inde pendent school systems, to wit: for regular capital outlay funding for 48 systems and regular advance capital outlay funding for 8 systems, with a maximum principal amount authoriza tion of $95,225,000, and for unfunded capital outlay for incentive advance funding, with a maximum principal amount authorization of $57,145,000, through the issuance of not more than $152,370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.",
and inserting in lieu thereof the following:
"Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $15,998,850 is specifically appropriated for the State Board of Education for the purpose of financing educational facilities for county and inde pendent school systems, to wit: for regular capital outlay funding for 47 systems and regular advanced capital outlay funding for 8 systems and four percent (4%) planning grants to 21 systems, with a maximum principal amount authorization of $95,225,000, and for unfunded capital outlay for incentive advance funding, with a maximum principal amount authoriza tion of $57,145,000, through the issuance of not more than $152,370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months."
Section 4. Said Act is further amended by striking from Section 61 the date "June 30, 1989" and by substituting in lieu thereof the date "June 30, 1988".
Section 5. This Act shall become effective upon its approval by the Governor, or upon its becoming law without his approval.

MONDAY, MARCH 7, 1988

2399

Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 216.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon Broun Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Hine Howard Huggins Johnson Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Barnes Dawkins Fincher

Hudgins Kennedy (presiding) Land Phillips

Scott of 2nd Shumake Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 216.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 615. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-98 of the Official Code of Georgia Annotated, relating to qualification of candidates for party nomination in a municipal pri mary, so as to provide that a candidate's agent may qualify on behalf of the candidate to seek election in certain primaries.

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 621. By Senators Allgood of the 22nd, Bryant of the 3rd, Scott of the 2nd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized

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statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor.
The Speaker has appointed on the part of the House, Representatives Smith of the 152nd, Robinson of the 96th and Thomas of the 69th.
Senator Crumbley of the 17th moved that the Senate Rule requiring a Conference Com mittee report to be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on the following bill of the Senate be considered:
SB 621. By Senators Allgood of the 22nd, Kennedy of the 4th, Bryant of the 3rd and others: A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor.
On the motion, the yeas were 33, nays 0; the motion was lost, and the Senate Rule was not suspended.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 615. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-98 of the Official Code of Georgia Annotated, relating to qualification of candidates for party nomination in a municipal pri mary, so as to provide that a candidate's agent may qualify on behalf of the candidate to seek election in certain primaries.
The House substitute to SB 615 was as follows:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain definitions,relating to ballot cards; to provide for the use of optical scan voting systems; to provide that a candidate's agent may qualify on behalf of the candidate to seek election in certain primaries; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraph (1) of Code Section 21-2-2, relating to definitions regarding elections, and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Ballot card' means the tabulating or punch card upon which an elector records his vote by the use of a vote recorder. 'Ballot card' also means a ballot upon which an elector records his vote for tabulation by an optical scan tabulating machine."
Section 2. Said title is further amended by adding a new Code section immediately following Code Section 21-2-364, to be designated Code Section 21-2-365, to read as follows:
"21-2-365. Optical scan voting systems shall conform as nearly as practicable to the provisions of this chapter regarding vote recorders and tabulating machines."
Section 3. Said title is further amended by striking paragraph (1) of Code Section 21-3-

MONDAY, MARCH 7, 1988

2401

2, relating to definitions regarding municipal elections, and inserting in its place a new para graph (1) to read as follows:
"(1) 'Ballot card' means the tabulating or punch card upon which an elector records his vote by the use of a vote recorder. 'Ballot card' also means a ballot upon which an elector records his vote for tabulation by an optical scan tabulating machine."
Section 4. Said title is further amended by striking subsection (a) of Code Section 21-398, relating to qualification of candidates for party nomination in a municipal primary, and inserting in its place a new subsection (a) to read as follows:
"(a) Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates, or their agents, shall qualify at least 15 but not more than 45 days prior to the date of such primary. In the case of a special primary, the candidates, or their agents, shall qualify at least ten but not more than 30 days prior to the date of such primary. The executive committee or other rule-making body of the party shall fix the qual ifying date within the limitations provided in this Code section."
Section 5. Said title is further amended by adding a new Code section immediately following Code Section 21-3-263, to be designated Code Section 21-3-264, to read as follows:
"21-3-264. Optical scan voting systems shall conform as nearly as practicable to the provisions of this chapter regarding vote recorders and tabulating machines."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 615.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker
Bowen Brannon
roun BCBourvlretaomnntan Crumbley D ea l Dean Echols Edge

English Foster Garner
Gillis Harris
Hine Howard Hu^lns Johnson Kidd Langford McGill McKenzie

Olmstead Peevy Perry
Ragan of 10th Ray
Scott of 2nd Scott of 36th Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Coverdell Engram

Newbill Ragan of 32nd

Stumbaugh

Those not voting were Senators:

Albert Barnes

Dawkins Fincher

Harrison Hudgins

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Kennedy (presiding) Land

Phillips Shumake

Starr

On the motion, the yeas were 40, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 615.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in substituting the following bills of the Senate:

SB 124. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.

SB 201. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the accept ance of written waivers of extradition.

The following bills of the Senate were taken up for the purpose of considering the Con ference Committee reports thereon:

SB 621. By Senators Allgood of the 22nd, Kennedy of the 4th, Bryant of the 3rd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor.

The Conference Committee report on SB 621 was as follows:

The Committee of Conference on SB 621 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 621 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Donn M. Peevy Senator, 48th District
/s/ Alex Crumbley Senator, 17th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Tommy Smith Representative, 152nd District
/s/ Pete Robinson Representative, 96th District

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Conference Committee substitute to SB 621:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, so as to revise and change certain provisions of the "Parental Notification Act"; to provide that a minor seek ing an abortion shall furnish a statement signed by a parent, guardian, or person standing in loco parentis and such minor stating that such parent or guardian has been notified that an abortion is to be performed on such minor; to provide for actual notice to be given by a physician or agent to the parent, guardian, or person standing in loco parentis of a minor of a pending abortion and the procedures connected therewith; to provide for written notice by a physician or agent to the parent, guardian, or person standing in loco parentis of a minor of a pending abortion and the procedures connected therewith; to provide for waiver of parental notification where the juvenile court finds that the minor is mature enough and well enough informed to make the abortion decision without the participation of her par ents, guardian, or person standing in loco parentis; to provide that the failure of the juvenile court to conduct a hearing within the time prescribed after the filing of the petition shall constitute a granting of the petition; to provide that the juvenile court shall assist the minor in preparing notices and petitions contemplated by this article; to provide that if the juve nile court shall fail to render its decision within 24 hours after the hearing on the petition then the petition shall be deemed granted; to provide for the sealing of juvenile court records; to provide for the preservation of anonymity; to change certain provisions with re spect to certain reliance upon certain representations by certain health care providers; to change certain provisions with respect to criminal and civil liability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, is amended by striking Article 3, relating to the "Parental Notification Act," and inserting in its place a new Article 3 to read as follows:
"ARTICLE 3
15-11-110. This article shall be known and may be cited as the 'Parental Notification Act.'
15-11-111. As used in this article, the term:
(1) 'Abortion' means the intentional termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
(2) 'Unemancipated minor' means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, person standing in loco parentis, or the juvenile court of competent jurisdiction.
15-11-112. (a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless:
(1) (A) The minor seeking an abortion shall furnish a statement, signed by a parent, guardian, or person standing in loco parentis and such minor, stating that such parent, guardian, or person standing in loco parentis is the lawful parent or guardian of such minor, or is the person standing in loco parentis of such minor, and that such parent, guardian, or person standing in loco parentis has been notified that an abortion is to be performed on such minor; or
(B) The physician or an agent gives at least 24 hours' actual notice, in person or by telephone, to a parent, guardian, or person standing in loco parentis of the minor, of the pending abortion and the name and address of the place where the abortion is to be per formed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has

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not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; or
(C) The physician or an agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by regular mail, addressed to a parent, guardian, or person standing in loco parentis of the minor at the usual place of abode of the parent, guardian, or person standing in loco parentis. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mail ing. The time of mailing shall be recorded by the physician or agent in the minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; and
(2) The minor signs a consent form stating that she consents, freely and without coer cion, to the abortion.
(b) If the unemancipated minor or the physician or an agent, as the case may be, elects not to comply with any one of the notification requirements of subparagraph (a)(l)(A), (a)(l)(B), or (a)(l)(C) of this Code section, or if the parent, legal guardian, or person stand ing in loco parentis of such minor cannot be located, such minor may petition, on such minor's own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-114. Such juve nile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in any county, notwithstanding Code Section 15-11-15.
15-11-113. Notwithstanding Code Sections 15-11-24 through 15-11-26, the unemanci pated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents or guardian or person standing in loco parentis of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted.
15-11-114. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court ap pointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented.
(b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed.
(c) The notification requirement of subparagraph (a)(l)(A), (a)(l)(B), or (a)(l)(C) of Code Section 15-11-112 shall be waived if the court finds either:
(1) That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor's parent, guardian, or person standing in loco parentis; or
(2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian or person standing in loco parentis pursuant to Code Section 15-11-112 would not be in the best interests of the minor.
(d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24

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hours of the conclusion of the hearing and a certified copy of same shall be furnished imme diately to the minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner which will preserve anonymity.
(e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter.
(f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.
15-11-115. The requirements and procedures of this article shall apply to all unemanci pated minors within this state whether or not such persons are residents of this state.
15-11-116. This article shall not apply when, in the best clinical judgment of the attend ing physician on the facts of the case before him, a medical emergency exists that so compli cates the condition of the minor as to require an immediate abortion. A person who per forms an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-117. Any physician or any person employed or connected with a physician, hospi tal, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this article. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-118. Any person who violates the provisions of this article shall be guilty of a misdemeanor and any person who intentionally encourages another to provide false infor mation pursuant to this article shall be guilty of a misdemeanor."
Section 2. This Act shall become effective on July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Crumbley of the 17th moved that the Senate adopt the Conference Committee report on SB 621.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Brannon Broun Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Foster Garner Gillis Harris Harrison Hine Howard Huggins

Johnson Kidd Langford McGill McKenzie Newbill Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray

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Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Taylor

Tysinger Walker

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Albert Barnes Bowen Engram

Fincher Hudgins Kennedy (presiding) Land

Phillips Timmons Turner

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 621.

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.

The Conference Committee report on SB 197 was as follows:

The Committee of Conference on SB 197 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 197 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Edward Hine, Jr. Senator, 52nd District
/s/ J. Nathan Deal Senator, 49th District
/s/ Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Lee Representative, 72nd District
/s/ Tommy Chambless Representative, 133rd District
/s/ Charles A. Thomas, Jr. Representative, 69th District

Conference Committee substitute to SB 197:

A BILL
To be entitled an Act to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, is amended by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b) and by adding at the end of such Code section new subsections (f) and (g) to read as follows:
"(a) Unless otherwise provided by local law, the chief magistrate of each county other than those counties where the probate judge serves as chief magistrate shall receive a mini mum annual salary of the amount fixed in the following schedule:

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Popmlation

Minimum Salary

0 -- 5,999 ............................ ..........................$ 5,925.00 6,000 -- 11,999 ............................ .......................... 8,827.50 12,000 -- 19,999 ............................ . ....................... 10,065.00 20,000 -- 29,999 ............................ .......................... 11,250.00 30,000 -- 39,999 ............................ .......................... 13,365.00 40,000 -- 49,999 ............................ .......................... 14,580.00 50,000 -- 99,999 ............................ .......................... 15,480.00 100,000 -- 199,999 ............................ .......................... 20,212.50 200,000 -- 299,999 ............................ .......................... 26,550.00 300.000 or more ............................... .......................... 28,750.00
The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as deter mined by the United States decennial census of 1980 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office.
(b) Unless otherwise provided by local law, each magistrate other than the chief magis trate shall receive a minimum monthly salary of $250.00 per month. The salary of each magistrate other than the chief magistrate may be supplemented by the county governing authority in such amount as it may fix from time to time; but no such magistrate's compen sation or supplement shall be decreased during any term of office.
(f) During the term of office of any chief magistrate or magistrate whose salary is sup plemented by the county governing authority, the chief magistrate or magistrate shall be entitled to the greater of the current salary, including any supplement by the county gov erning authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both.

(g) This Code section shall not apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magis trate shall be as provided by the local governing authority of the county."

Section 2. This Act shall become effective on January 1, 1989. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on SB 197.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Brannon Broun Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols

Edge English Foster Garner Gillis Harrison Hine Howard Huggins Johnson Kennedy Kidd Langford

McGill McKenzie Olmstead Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

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Tate Taylor

Turner Tysinger

Walker

Those not voting were Senators:

Albert Barnes Bowen Dawkins

Engram Fincher Harris Hudgins

Land Newbill Phillips Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 197.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 124. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.

Senator Kidd of the 25th moved that the Senate recede from its disagreement to the House substitute to SB 124, and agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 124 by deleting from line 27 of page 1 the word "four" and inserting in lieu thereof the word "three."
By deleting from line 1 of page 2 the words "one year" and inserting in lieu thereof the following:
"30 day".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Bryant Burton Crumbley Deal Dean Echols English

Engram Foster Gillis Harris Harrison Howard Huggins Johnson Kennedy Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Ragan of 10th Ray Scott of 36th Shumake Starr Tate Turner Tysinger Walker

Those voting in the negative were Senators:

Edge

Ragan of 32nd

Hine

Stumbaugh

Taylor

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2409

Those not voting were Senators:

Barnes Bowen Coleman Coverdell

Dawkins Fincher Garner Hudgins

Land Phillips Scott of 2nd Timmons

On the motion, the yeas were 39, nays 5; the motion prevailed, and the Senate receded from its disagreement to the House substitute to SB 124, and agreed to the House substi tute to SB 124 as amended by the Senate.

Lieutenant Governor Miller introduced His Excellency, Governor Joe Frank Harris and Mrs. Harris, and the Governor briefly addressed the Senate.

Senator Barnes of the 33rd moved that the Senate Rule requiring a Conference Com mittee report to be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on the following bill of the Senate be considered:

SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and Johnson of the 47th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis lative purpose and intent; to provide a definition; to provide, under certain cir cumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.

On the motion, the yeas were 36, nays 2; the motion was lost.

Senator Barnes of the 33rd moved that the Senate reconsider its action in defeating his motion.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the motion offered by Senator Barnes of the 33rd was reconsidered.

Senator Barnes of the 33rd moved that the Senate Rule requiring a Conference Com mittee report to be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on SB 435 be considered.

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Conference Committee report on SB 435, as follows, was considered by the Senate:

The Conference Committee report on SB 435 was as follows:

The Committee of Conference on SB 435 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 435 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ L. H. McKenzie Senator, 14th District
/s/ Walter S. Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Denmark Groover Representative, 99th District
/s/ Tommy Chambless Representative, 133rd District
/s/ Charles A. Thomas, Jr. Representative, 69th District

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Conference Committee substitute to SB 435:
A BILL
To be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for defi nitions; to provide, under certain circumstances, that certain records are open to the public and certain records are not open to the public; to provide for certain privileges and statu tory exceptions; to provide for copying fees and costs; to provide for civil and criminal en forcement; to provide for judicial powers and remedies and exceptions thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, is amended by striking Code Section 50-18-70, relating to inspection of records, generally, and inserting in lieu thereof a new Code section to read as follows:
"50-18-70. (a) As used in this article, the term 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, or similar material prepared and main tained or received in the course of the operation of a public office or agency.
(b) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.
(c) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days."
Section 2. Said article is further amended by striking Code Section 50-18-71, relating to copies of public records, and inserting in lieu thereof a new Code section to read as follows:
"50-18-71. (a) In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records, documents, or instruments for the purpose of making photographs or reproductions of the same while in the possession, custody, and control of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shall be done in the room where the records, documents, or instruments are kept by law. While the work is in progress, the custodian may charge the person making the photographs or reproduc tions of the records, documents, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work.
(b) Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply.
(c) Where no fee is otherwise provided by law, the agency may charge and collect a uniform copying fee not to exceed 25t per page.
(d) In addition, a reasonable charge may be collected for search, retrieval, and other direct administrative costs for complying with a request under this Code section. The hourly charge shall not exceed the salary of the lowest paid full-time employee who, in the discre tion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour.

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(e) An agency shall utilize the most economical means available for providing copies of public records."
Section 3. Said article is further amended by striking Code Section 50-18-72 which reads as follows:
"50-18-72. (a) This article shall not be applicable to records that are specifically re quired by the federal government to be kept confidential or to medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Depart ment of Human Resources. The identity of such informant shall not be admissible in evi dence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise.
(b) This article shall not be applicable to any application submitted to or any perma nent records maintained by a judge of the probate court pursuant to Code Section 16-11129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not pre clude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.
(c) This article shall not be applicable to any trade secrets and commercial or financial information obtained from a person or business entity which is of a privileged or confiden tial nature or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information have not been publicly released, pub lished, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.",
and inserting in lieu thereof a new Code section to read as follows:
"50-18-72. (a) Public disclosure shall not be required for records that are:
(1) Specifically required by the federal government to be kept confidential;
(2) Medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy;
(3) Except as otherwise provided by law, records compiled for law enforcement or pros ecution purposes to the extent that production of such records would disclose the identity of a confidential source, disclose confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation;
(4) Records of law enforcement, prosecution, or regulatory agencies in any pending in vestigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, accident reports, and incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated;
(5) Records that consist of confidential evaluations submitted to, or examinations pre pared by, a governmental agency and prepared in connection with the appointment or hir ing of a public officer or employee; and records consisting of material obtained in investiga tions related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated; provided that this para graph shall not be interpreted to make such investigatory records privileged;

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(6) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned.
(b) This article shall not be applicable to any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary na ture, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.
(c) (1) All public records of hospital authorities shall be subject to this article except for those otherwise excepted by this article or any other provision of law and except for data, records, or information relating to any of the following: planning for future acquisition of real property; marketing; the potential expansion of health related services; the preparation in anticipation of the filing of a certificate of need application but only until such applica tion is filed with the appropriate approval agency; the promotion of quality assurance, peer review, and security systems; the investigation of potential claims; or matters involving medical staff recruitment.
(2) All state officers and employees shall have a privilege to refuse to disclose the iden tity of any person who has furnished medical or similar information which has or will be come incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise.
(d) This article shall not be applicable to any application submitted to or any perma nent records maintained by a judge of the probate court pursuant to Code Section 16-11129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not pre clude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.
(e) This article shall not be construed to repeal:
(1) The attorney-client privilege recognized by state law to the extent that a record pertains to the requesting or giving of legal advice or the disclosure of facts concerning or pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee; provided, however, attorney-client information may be obtained in a proceeding under Code Section 50-18-73 to prove justification or lack thereof in refusing disclosure of documents under this Code section provided the judge of the court in which said proceeding is pending shall first determine by an in camera examination that such disclosure would be relevant on that issue;
(2) The confidentiality of attorney work product; or
(3) State laws making certain tax matters confidential.
(f) This Code section shall be interpreted narrowly so as to exclude from disclosure only that portion of a public record to which an exclusion is directly applicable. It shall be the duty of the agency having custody of a record to provide all other portions of a record for public inspection or copying."
Section 4. Said article is further amended by striking Code Section 50-18-73, relating to

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enforcement of open records, and inserting in lieu thereof a new Code section to read as follows:
"50-18-73. (a) The superior courts of this State shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such ac tions may be brought by any person, firm, corporation, or other entity.
(b) In any action brought to enforce the provisions of this chapter, if the court shall determine that the action constituting a violation of this article was completely without merit as to law or fact, the court shall award to the complaining party attorney's fees and expenses of litigation reasonably incurred in bringing the action. If the court shall determine that the action was completely without merit as to law or fact, then the court shall award to the defendant attorney's fees and expenses of litigation reasonably incurred."
Section 5. Said article is further amended by adding at the end thereof a new Code Section 50-18-75 to read as follows:
"50-18-75. Communications between the Office of Legislative Counsel and the following persons shall be privileged and confidential: members of the General Assembly, the Lieuten ant Governor, and persons acting on behalf of such public officers; and such communica tions, and records and work product relating to such communications, shall not be subject to inspection or disclosure under this article or any other law or under judicial process; pro vided, however, that this privilege shall not apply where it is waived by the affected public officer or officers. The privilege established under this Code Section is in addition to any other constitutional, statutory, or common law privilege."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate adopt the Conference Committee report on SB 435.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen
Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English Engram

Foster Garner Gillis Harris Harrison
Howard. Hudgins Huggins Johnson Kennedy Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan of I0th
PRagan of 32nd c ay Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Brannon and Shumake.

2414

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Bryant Dawkins

Fincher Land

Scott of 2nd Stumbaugh

On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on SB 435.

The following resolution of the Senate was read and put upon its adoption:

SR 509. By Senators Allgood of the 22nd and Kennedy of the 4th:
A resolution relative to adjournment by the General Assembly sine die at 10:30 o'clock P.M. on March 7, 1988.

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate amendment to the House substitute, and insists on our position in substituting the following bill of the Senate:

SB 124. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:

HB 1349. By Representatives Childers of the 15th, Pannell of the 122nd, Hooks of the 116th, Richardson of the 52nd and others:
A bill to exercise the authority of the General Assembly under Chapter 2 of Title 43 of the Official Code of Georgia Annotated, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," so as to amend Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.

The House amendment was as follows:
Amend the Senate amendment to HB 1349 by striking lines 3 through 32 of page 1 and lines 1 through 18 of page 2.

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate amendment to HB 1349.

On the motion, a roll call was taken, and the vote was as follows:

MONDAY, MARCH 7, 1988

2415

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun BBuryrtaonnt Coleman
Coverdell Crumbley
Dawkins Deal Dean Echols

Edge English Engram Foster Gillis "ar"S Harnson HHoinweard Huggins
Johnson Kennedy
Kidd Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan f 32nd o "fc^oto, ,,2nd, Scott of 36th
btarr Stumbaugh
Tate Turner Tysinger Walker

Those voting in the negative were Senators:

Bowen Garner

Hudgins McKenzie

Taylor Timmons

Those not voting were Senators:

Fincher

Land

Shumake

On the motion, the yeas were 47, nays 6; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1349.

Serving as doctor of the day today was Dr. S. O. Atkins of Atlanta, Georgia.

Lieutenant Governor Zell Miller, President of the Senate, addressed the Senate as follows:
A long-time observer of the legislative process once said, "Old debates never die; they just resume in January."
Senate Bill 393 may be dead under that number and for 1988. But the issue of protect ing our Georgia mountains is not dead. I will be back next year with another bill, and the Governor's Growth Strategies Commission will be farther along in its recommendations to control development in this part of the State as well.
One thing I've seen demonstrated many times over during my years as Lieutenant Gov ernor is that it sometimes takes awhile for new ideas to take root. The Coastal Marshlands Protection Act took two years to pass, and we have a similar situation here.
It was the very first bill to be introduced in the Senate on the first day of the 1988 Session, and the 40 days of the legislative session were just not quite enough.
My biggest disappointment in the whole process was the way the House of Representa tives turned this bill into a political football.
At times it seemed a competition for the most original way to kill a bill through an unacceptable substitute.
Then, after the House Natural Resources Committee finally met late in the 40th day and adopted what I felt was a reasonable substitute, the Speaker of the House indicated that three representatives (Carlton Colwell, Ralph Twiggs and Bill Dover) from the moun tain area came to him and pleaded with him to kill it.
The heartening thing about this experience has been that I have heard from more than

2416

JOURNAL OF THE SENATE

5,000 people in northeast Georgia who support S. B. 393. It is for those 5,000 people that I will try again next year.
And I will go home feeling better because I know that those 5,000 will help me keep watch over what happens to the mountains in the meantime. With the publicity the moun tain protection act has received over the past several months and the presence of so many supporters, it will take incredible arrogance on the part of a developer to show blatant disre spect for the environment over the interim months until the General Assembly convenes again.
The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of the person, numbered 713, who has regis tered in the Docket of Legislative Appearance as of March 11, 1988, 3:00 p.m. in accordance with Georgia Law 1970, pp. 695 as the same appears in file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this llth day of March, in the year of our Lord One Thousand Nine Hundred and Eighty-Eight and of the Independence of the United States of America the Two Hundred and Twelfth.
/s/ Max Cleland Secretary of State
(SEAL)
713 B. J. Powell 1447 Peachtree Street, N.E. Suite 710 Atlanta, Georgia 30309 404/892-8046 Allison Manufacturing Company
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute to the House substitute to the following bill of the Senate:
SB 109. By Senator Deal of the 49th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the manufacture of controlled substances without a license or registration; to provide a definition; to provide punishments.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 1273. By Representatives Rainey of the 135th, Moody of the 153rd, Twiggs of the 4th, Watts of the 41st, Holcomb of the 72nd and others: A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for the regulation of dangerous dogs.

MONDAY, MARCH 7, 1988

2417

HB 1280. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of tax executions, so as to provide that it shall be unlawful for certain tax officials and their employees to pay tax executions in order to obtain transfer of such executions; to provide that executions transferred in violation of the foregoing shall be void and unenforceable.
HB 1284. By Representative Steinberg of the 46th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, so as to prohibit ac cess to the use of certain telephone numbers when solicitations to call such num bers are made with certain automated dialing equipment; to make it unlawful to solicit calls to certain telephone numbers through the use of certain automated dialing equipment.
HB 1292. By Representative Prichard of the 8th:
A bill to amend Code Section 24-10-25 of the Official Code of Georgia Annotated, relating to enforcement of subpoenas, so as to provide that subpoenas may be enforced by attachment for contempt as provided in paragraph (5) of Code Sec tion 15-6-8.
HB 1539. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide limita tions and procedures relating to payment of stipends for participation in profes sional development programs.
HB 1403. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to redesignate the provisions relating to post-secondary voca tional education and place them in a separate article.
HB 1557. By Representative Smith of the 78th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to require the judge of the probate court to issue certain certificates stating the date, time, and place where an adult has been declared incapacitated and guardianship created; to provide for certain certificates in cases where guardianships have been terminated.
HB 1611. By Representatives Moody of the 153rd and Rainey of the 135th:
A bill to amend Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, so as to change certain provisions regard ing limits applicable to American shad or Hickory shad.
HB 1647. By Representatives Twiggs of the 4th, Peters of the 2nd, Rainey of the 135th, Dover of the llth, Langford of the 7th and others:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misdemeanor violations under the "Game and Fish Code" when the defendant waives a jury trial; to provide for other matters relative thereto.

2418

JOURNAL OF THE SENATE

HB 1914. By Representatives Byrd of the 153rd, Smith of the 152nd and Moody of the 153rd:
A bill to amend an Act creating the Brantley County Development Authority, so as to change the provisions relating to the membership of the authority; to change the provisions relating to the qualifications and appointment of members; to provide for other matters relative to the foregoing.
HB 1691. By Representatives Smyre of the 92nd, Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Benn of the 38th and others:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the economic development and enhancement of employment in the state through the acquisition, construction, and operation of a stadium suitable for multipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Congress Center and to provide for the financing of such project.
HB 1404. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Article 6 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to make certain editorial changes and corrections; to authorize handicapped children to use certain types of funds.
HB 1916. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to provide for the Griffin-Spalding County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem meet and proper to deter and control the unlawful use, consumption, possession, sales, transfer, delivery, dispensing handling, trafficking, manufacturing, and growing of dangerous drugs or con trolled substances, as defined by the laws of Georgia.
The House has agreed to the Senate amendments to the following bills of the House:
HB 71. By Representatives Jackson of the 9th, Crosby of the 150th, Barnett of the 10th, Porter of the 119th, Lane of the 27th and others:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts and safety restraints for children in motor vehicles, so as to change the class of individuals who are covered by the requirement to use child passenger restraining systems; to provide an expanded definition of compli ance with the requirement to use such systems.
HB 1220. By Representative Cheeks of the 89th:
A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of six members, two vice mayor-chairpersons, and mayor-chairperson; to provide that the board of commissioners, vice mayorchairpersons, and mayor-chairperson shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city.
HB 1714. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification by the State Board of Education of professional per sonnel employed in the public schools of Georgia, so as to provide for fees to be paid by applicants for certification or renewal.

MONDAY, MARCH 7, 1988

2419

The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 666. By Senator Stumbaugh of the 55th: A bill to amend an Act creating a new charter for the City of Lithonia, as amended, so as to change provisions relating to filling vacancies in the offices of mayor and council; to provide for related matters; to provide an effective date.
SB 684. By Senators Harrison of the 37th, Newbill of the 56th and Ragan of the 32nd: A bill to make provisions for the Magistrate Court of Cobb County; to provide for qualifications.
SB 688. By Senator Brannon of the 51st: A bill to provide that the school superintendent of Gilmer County shall be elected in nonpartisan elections; to provide for terms of office; to provide proce dures relative to the nomination and qualification of candidates for school super intendent; to provide for related matters; to provide for a referendum.
SB 625. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to dates of primaries and elections and terms of offices, so as to change certain provisions relating to terms of office of municipal officers elected in 1990; to provide for the extension of the terms of office of certain mu nicipal officers elected in 1986.
SB 7. By Senator Kidd of the 25th: A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.
SB 15. By Senator Kidd of the 25th: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; to provide an effective date.
SB 221. By Senator Timmons of the llth: A bill to amend Code Section 47-4-80 of the Official Code of Georgia Annotated, relating to creditable service under the Public School Employees Retirement Sys tem, so as to authorize creditable service for certain prior service; to provide for matters relative thereto; to provide an effective date.
SB 414. By Senator Kidd of the 25th: A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to extend the time within which certain absentee registration cards shall be considered as applications for absen tee ballots from 90 to 180 days prior to a primary or election.
SB 677. By Senator Brannon of the 51st: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Fannin County; to provide for the requirements and procedures

2420

JOURNAL OP THE SENATE

of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide an effective date.
SB 682. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan nomination and election of the chief magis trate of the Magistrate Court of Fannin County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for an effective date.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 274. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General Assembly to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose; to provide for the submis sion of this amendment for ratification or rejection.
SR 295. By Senators Turner of the 8th, Harris of the 27th, Tate of the 38th and others:
A resolution urging Congress to take action extending the date for issuing Mort gage Revenue Bonds.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 1781. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transpor tation to contract, so as to provide that persons, firms, or corporations submit ting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations.
HB 1752. By Representatives Foster of the 6th, Griffin of the 6th, Oliver of the 121st, Aaron of the 56th, Hensley of the 20th and others:
A bill to amend Code Section 39-2-8 of the Official Code of Georgia Annotated, relating to the employment of certain minors during school vacation months, so as to authorize the employment of certain minors during school vacation months in the care and maintenance of lawns, gardens, and shrubbery under certain conditions.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1228. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that institutions of the university system may deduct from salaries or wages of their employees contributions or dues to certain charitable associations.

MONDAY, MARCH 7, 1988

2421

The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st and others:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.
HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.
HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd, Simpson of the 70th and Williams of the 48th:
A bill to provide for the disposition of certain offenses when a person is mentally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsi bility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capac ity to appreciate the wrongfulness of the conduct.
HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd, Lawson of the 9th, Jackson of the 9th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the re newal of certain coverages in an automobile or motorcycle policy issued for deliv ery in this state shall be mailed or delivered for certain enumerated reasons.
HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.
HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" sys tems directly from subscribers of telephone service.
HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

2422

JOURNAL OF THE SENATE

HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.
HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are baila ble only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.
HB 1281. By Representatives Pannell of the 122nd, Steinberg of the 46th, Hooks of the 116th, Chambless of the 133rd, Isakson of the 21st and others:
A bill to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving the sale or distribution of harmful materials to minors, so as to provide that certain descriptions or repre sentations of aggravated violence are harmful to minors; to provide a definition; to provide that it shall be unlawful to sell, loan, or otherwise disseminate to a minor certain materials containing aggravated violence.
HB 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1988.
SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency med ical technician" everywhere it appears in Chapter 11 of Title 31.
SB 367. By Senators Peevy of the 48th, Allgood of the 22nd and Stumbaugh of the 55th:
A bill to amend Code Section 31-9-6 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.
SB 621. By Senators Allgood of the 22nd, Bryant of the 3rd, Scott of the 2nd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated mi nor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be performed on such minor.
SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.

MONDAY, MARCH 7, 1988

2423

SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for legis lative purpose and intent; to provide a definition; to provide, under certain cir cumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.

The House has adopted the report of the Committee of Conference on the following resolution of the House:

HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others:
A resolution relative to certain state property.

The House has adopted the following resolution of the Senate:

SR 509. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1701. By Representative Randall of the 101st:
A bill to amend Code Section 43-7A-13 of the Official Code of Georgia Anno tated, relating to requirements for licensure in marriage and family therapy, so as to provide that a law degree meets the educational requirements for licensure.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and resolutions and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 424. SB 430. SB 449. SB 470. SB 471. SB 490. SB 507. SB 536. SB 566. SB 607. SB 623. SB 639. SB 645. SB 652. SB 659. SB 660. SR 245. SR 247. SR 270. SR 277.

SR 282. SR 300. SR 356. SR 376. SB 334. SB 432. SB 445. SB 492. SB 502. SB 504. SB 506. SB 544. SB 546. SB 574. SB 603. SB 624. SR 267. SB 453. SR 7. SR 278.

SR 367. SB 394. SB 435. SB 245. SB 417. SB 419. SB 440. SB 564. SB 582. SB 635. SB 638. SB 671. SB 672. SB 675. SB 684. SR 350. SB 618. SB 7. SB 28. SB 87.

SB 99. SB 100. SB 109. SB 128. SB 129. SB 221. SB 318. SB 352. SB 367. SB 405. SB 407. SB 409. SB 414. SB 423. SB 484. SB 565. SB 616. SB 631. SB 666. SR 163.

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JOURNAL OF THE SENATE

SR 265. SR 274. SB 15. SB 359. SB 431. SB 458. SB 495. SB 508. SB 510. SB 550. SB 573. SB 577. SB 589. SB 594. SB 604. SB 625. SB 630 SB 653. SB 670. SB 73 SB 434.
SB 503.

SB 516. SB 608. SB 621. SB 647. SB 651. SB 657. SR 347. SB 98. SB 402. SB 404. SB 411. SB 413. SB 438. SB 462. SB 463. SB 472. SB 479. SB 511. SB 518. SB 533. SB 547.
SB 556.

SB 558. SB 570. SB 578. SB 680. SB 197. SB 248. SB 408. SB 412. SB 437. SB 442. SB 476. SB 485. SB 491. SB 537. SB 562. SB 586. SB 588. SB 599. SB 640. SB 648. SB 649.

SB 656. SB 669. SB 677. SB 441. SB 473. SB 527. SB 561. SB 590. SB 597. SB 601. SB 615. SB 641. SB 655. SB 661. SB 667. SB 674. SB 678. SB 679. SB 681. SB 682. SB 688.

Respectfully submitted,
/s/ Ed Barker, Chairman Senator, District 18

The President announced at 10:30 o'clock P.M. that, pursuant to the provisions of SR 509, the Senate would now stand adjourned sine die.

INDEX

2425

Senate Journal Index
1988 Regular Session

INDEX

2427

PART I

SENATE BILLS AND RESOLUTIONS

SB

1--Torts; Immunity from Liability, certain officers, medical practitioners,

and Awards for Damages .............................. No action in 1988

SB

3--Public Officers and Employees; Political Activities; participation

authorized; conditions defined .......................... No action in 1988

SB

5--Minors; Sexual Offenses Against; age of consent under 17,

certain cases.......................................... No action in 1988

SB

6--General Assembly; Retirement Bills With Fiscal Impact;

passage provisions; actuarial studies .................... No action in 1988

SB

7--Retirement and Pensions; Superior Court Clerks' Fund; increase benefits;

disability provisions ......................... 175, 189, 230, 232, 2419, 2423

SB

8--Bail; Criminal Cases; deposits; hearings;

forfeiture procedures .................................. No action in 1988

SB 11--Elections; Ballots; delete straight political party vote

except presidential .................................... No action in 1988

SB 12--Human Resources; Department; abolish; recreate three

separate departments.................................. No action in 1988

SB 15--Probate Court Judges; retirement; increase benefits .......... 175, 189, 230,

234, 2419, 2424

SB 16--Landlord and Tenant; Cable TV Service; multi-unit dwellings;

operators standards ................................... No action in 1988

SB 17--Fair Business Practices; Telephones; automatic dial, recorded messages;

regulate, permits ...................................... No action in 1988

SB 18--Ethics in Government; Insurance Commissioner; insurer campaign

contributions; prohibitions ............................. No action in 1988

SB 19--Adoption; Human Resources increase aid, families with

hard-to-place child .................................... No action in 1988

SB 20--Juvenile Proceedings; Age Provisions; change to 18; delinquent,

deprived, unruly cases ................................. No action in 1988

SB 21--Merit System Employees; overtime pay in lieu of

compensatory time .......................... 45, 53, 68

SB 22--General Assembly; Local Government Impact Fiscal Notes Act;

repeal................................................ No action in 1988

SB 28--State Employees Injured on Duty; salary provisions, coordinate

workers' compensation........... 165, 218, 703, 1222, 1246, 1804, 1838, 2423

SB 29--Motor Vehicles; Seat Belts required, children over 3

but under 16 years .................................... No action in 1988

SB 32--Gwinnett Judicial Circuit; Additional Judge ............. No action in 1988

SB 35--Child Support; Parent's Duty of Support; mentally, physically

disabled minors ....................................... No action in 1988

SB 36--Handicapped Persons; Accessibility; parking lots and spaces;

fare gate mechanism .................................. No action in 1988

SB 37--License Plates; Special; Shriners; volunteer firemen ...... No action in 1988

SB 38--State Employees; Retirement System; redefine prior service;

military service credit ................................. No action in 1988

SB 40--Workers' Compensation; Independent Contractors; exclusions;

products for resale, delivery ............................ No action in 1988

SB 46--Civil Practice; Depositions; recording or video

taping procedure ...................................... No action in 1988

SB 48--Ad Valorem Tax; Inventories; assessment dates; exception,

new business enterprise................................ No action in 1988

2428

JOURNAL OF THE SENATE

SB 49--Alcoholic Beverages and Alcoholism; Beer or Wine Sales; prohibit near certain buildings; distances ................ No action in 1988
SB 50--Torts; Nonprofit Athletic Programs; liability limitations; definitions ............................................ No action in 1988
SB 51--Property; Processioning of Boundaries; county boards; members; procedures ........................................... 469, 512, 575, 576
SB 52--Commerce and Trade; Sales Seminars, Meetings; deceptive trade practices; false statements ........................ No action in 1988
SB 53--Sexual Offenses; Pandering for Prostitution; redefine persons as gender neutral ................................................ 33, 35
SB 54--Sexual Oifenses; Pandering; use of motion pictures, photographs, video recordings ...................................... No action in 1988
SB 55--Counties; County Officers; local law to provide compensation supplements ............................. No action in 1988
SB 56--Counties; Employees; certain officials authority to make personnel decisions .................................... No action in 1988
SB 58--Elections; Ballots; change form; delete straight party ticket voting.......................................... No action in 1988
SB 60--Driving Under Influence, DUI; Vehicle Declared Contraband; forfeiture for no insurance coverage ..................... No action in 1988
SB 61--Elections; Recall of Public Officials; change certain procedures .................................... No action in 1988
SB 62--Contractors; Electrical, Plumbers, Conditioned Air; licensure without exam ................................ No action in 1988
SB 63--Adoption Records; birth parent and sibling information; release procedures..................................... No action in 1988
SB 64--Seat Belts; Passenger Vehicles; use required front seat occupants................................... No action in 1988
SB 65--Education; Drug Testing; students in public schools, procedures ........................................... No action in 1988
SB 66--Education; Alcohol, Smoking, Drug Abuse; require public school health courses .................................. No action in 1988
SB 67--Sexual Offenses; Child Pornography; possession unlawful, definitions .............................. No action in 1988
SB 70--Coroners; Georgia Coroner's Training Council; change membership ................................... No action in 1988
SB 73--Civil Practice; Arbitration; extensive code revision ......... 1836, 1903, 2424 SB 74--Baldwin County; Board of Commissioners; elections;
terms; districts........................................ No action in 1988 SB 76--Elections; Insurance Commissioner; prohibit certain
campaign contributions ................................ No action in 1988 SB 79--Securities; Sales Transactions; registration exemptions No action in 1988 SB 87--Fulton County; Board of Health; employees retirement
system options........................ 737, 785, 851, 921, 2331, 2333, 2423 SB 88--Fulton County; Board of Health; reimbursement for employee
retirement services .................................... No action in 1988 SB 89--Juvenile Probation Workers; state subsidy to employ;
certain counties ....................................... No action in 1988 SB 90--School Buses; colored flasher lights; change requirements No action in 1988 SB 91--Motor Vehicles and Traffic; DUI; injurious traffic accidents;
chemical test requirements............................. No action in 1988
SB 93--Hancock County; Sheriff; provide chief deputy, office employees, automobiles .......................................... No action in 1988
SB 94--Insurance; Motor Vehicle; requirements; insurers; proof of coverage violations ............................ No action in 1988
SB 97--Ethics In Government; Elections; redefine 'contributions'; disclosure reports; recall ............................... No action in 1988

INDEX

2429

SB 98--Health; Dentures, Dental Prostheses; identifiable markings of wearers ..................................... 1836, 1897, 2424
SB 99--Habeas Corpus; Death Penalty; inmate petitions; location of proceedings .................................. 1175, 1195, 2423
SB 100--Death Penalty; Appeals, Pretrial Review; procedures; elapsed terms; preclusions ......................... 1748, 1764, 2079, 2423
SB 102--Counties; Elected Officers and Personnel; insurance, retirement benefits .................................... No action in 1988
SB 103--Driving Under Influence, DUI; Vehicles; forfeiture, seizure procedures; proceeds of sale ..................... No action in 1988
SB 108--Grand Juries; Venue; criminal investigations; inability empanel impartial jury......................................... No action in 1988
SB 109--Sentence; Illegal Drug Manufacturing; life imprisonment, no parole......................................... 2126, 2384, 2416, 2423
SB 110--Tobacco Products; Prohibit Sales to, Purchases by Minors .................................. No action in 1988
SB 111--Day Care Centers; Religious Nonprofit; preschool programs; licensure; inspections .................................. No action in 1988
SB 114--Day Care Centers; Location of; residential facilities; prohibit public hearings .............................. 33, 35
SB 117--Driver's License; Applications; written tests requirements ......................................... No action in 1988
SB 118--Transportation; Property Acquisition; future road improvement; authority to acquire ................................... No action in 1988
SB 120--Juvenile Proceedings; DUI, Underage Drinking, Drug Violations; suspend driver's license ................................ No action in 1988
SB 122--Criminal Procedure; Drug Trafficking; increase fines as condition of probation ................................. No action in 1988
SB 124--Merit System; Employees; use of accumulated sick leave ................................... 2384, 2394, 2402, 2408, 2414
SB 126--Schools; Athletic Associations, Private; activities in public schools ........................................ No action in 1988
SB 127--Merit System; Classified Service Employees; on-call time compensation ........................................ 45, 53, 68, 69
SB 128--Retirement and Pensions; Peace Officers' Benefit Fund; surviving spouse benefits............................... 175, 189, 230, 238, 2332, 2343, 2423
SB 129--Employees' Retirement System; Retirees; options revocation; divorce; spouse's death; remarriage ..................... 175, 189, 230, 242, 2331, 2345, 2423
SB 134--Insurance; Insurers; reports; property, casualty, liability; vehicle categories ..................................... No action in 1988
SB 135--Insurance; liability insurers; risk rating system for physicians......................................... No action in 1988
SB 137--Hazardous Materials; Toxic Substances; hazards in workplace; notify fire departments ................................ No action in 1988
SB 138--Driving Under Influence, DUI; punishment for violations; determining factors.................................... No action in 1988
SB 141--Municipal Courts; Alcoholic Beverages; jurisdiction; selling, furnishing to minors................................... No action in 1988
SB 147--Juvenile Proceedings; Traffic, Waterways Offenses; penalties; proceedings, transfers ........................ No action in 1988
SB 148--Juvenile Proceedings; Capital Crimes, Juvenile; court jurisdiction; custody; detention ......................... 33, 34
SB 149--Juries; grand and trial; death penalty or public official drug cases ............................................ No action in 1988

2430

JOURNAL OF THE SENATE

SB 150--Traffic Offenses; Unlawful Flight; deemed felony,

certain cases.......................................... No action in 1988

SB 152--Education; Tuition Equalization Grants; define approved

private colleges ....................................... No action in 1988

SB 153--Law Enforcement Officers and Agencies; Disciplinary Actions;

due process rights; rules, procedures .................... No action in 1988

SB 154--Social Services; Home Energy Assistance; prevent

recipients retain certain funds .......................... No action in 1988

SB 155--Peace Officers; Minimum Salaries; full-time employees No action in 1988

SB 157--Motor Vehicles and Traffic; Habitual Violators;

driver's license revocation; redefine ..................... No action in 1988

SB 158--Civil Practice; Judicial Sales; property under execution;

time of conducting ............................................. 174, 195

SB 161--Teachers Retirement; Sick Leave; creditable service

accumulation provisions

No action in 1988

SB 163--Crimes and Offenses; out-of-state bail jumping;

penalties ............................................. No action in 1988

SB 164--Motor Vehicles and Traffic; License Plates; staggered

registration periods; limitations......................... No action in 1988

SB 166--State Government; Document Printing; delete certain

executive branch requirements ......................... No action in 1988

SB 167--Teachers Retirement; Creditable Service; allowance on

service retirement ..................................... No action in 1988

SB 168--Property; Mortgages on Residential Property; interest

on escrow funds ...................................... No action in 1988

SB 171--Parking Lots, Garages; Security for Motor Vehicles;

requirements; liability ................................. No action in 1988

SB 174--Milledgeville, City of; Corporate Limits ................. No action in 1988

SB 175--Housing; Construction Activity Prohibited on

Abandoned Landfills; enact .................................... 33, 35, 67

SB 176--Counties; Law Libraries; recorder's courts

collect additional fees ................................. No action in 1988

SB 178--Peace Officers; Annuity and Benefit Fund; include DHR Investigators;

YDC security ......................................... 175, 189, 230, 245

SB 182--Public Officers and Employees; Military Duty;

compensation ......................................... No action in 1988

SB 192--Interest; Credit Card Lenders; maximum rate;

loan finance charges ................................... No action in 1988

SB 193--Legislative Retirement System; prior service credit,

membership options ................................... No action in 1988

SB 194--Magistrate Courts; Chief Magistrates;

non-partisan elections ................................. No action in 1988

SB 195--Bad Checks; Misdemeanor Violations; magistrate court

jurisdiction; trial state, superior ........................ No action in 1988

SB 197--Magistrate Courts; Judges;

minimum salaries ......................... 332, 394, 404, 2157, 2176, 2249,

2296, 2326, 2406, 2422, 2424

SB 201--Magistrate Courts; Extradition Waivers; jurisdiction ........ 2379, 2393, 2402

SB 202--Magistrate Courts; Personnel provided by county ........ No action in 1988

SB 204--Counties; emergency purchases; competitive

bid provisions ........................................ No action in 1988

SB 207--Torts; Independent Contractors; liability of employers;

conditions ............................................ No action in 1988

SB 209--Crimes and Offenses; Cocaine Trafficking; penalties;

sentencing; "crack"................................ 1858, 2151, 2156, 2383

SB 210--Administrative Procedure Act; State Agencies; proposed

rule changes, effective date

No action in 1988

INDEX

2431

SB 211--Ad Valorem Tax; Agricultural Property; preferential assessment; ownership changes .................................... No action in 1988
SB 212--Atlanta-Fulton County Courts; costs in proceedings against tenants holding over .................................. No action in 1988
SB 214--Sentence; Cocaine Trafficking; mandatory imprisonment No action in 1988 SB 221--Public School Employees Retirement; Creditable Service;
prior teaching service........................ 175, 189, 230, 248, 2419, 2423 SB 222--Legislative Retirement System; Members; reduce benefits
members after 6-30-87 ........... ..................... No action in 1988 SB 228--Teachers Retirement; Attendance Officers; membership . . No action in 1988 SB 232--Education; Educational Reinvestment Act for AFDC Children;
GERA trust program .................................. No action in 1988 SB 234--Elections; Campaign Contributions; limit monetary amounts,
disposition of excess................................... No action in 1988 SB 235--Chiropractors; Scope of Practice; education;
ancillary procedures ................................... No action in 1988 SB 237--Housing; Mobile Home Parks; land transactions;
rights of owners, tenants............................... No action in 1988 SB 238--Medical Practice; Healing Arts Practitioner; delegation
of duties; conditions ................................... No action in 1988 SB 245--Clarke County; Airport Authority;
creation ................................ 1382, 1404, 1464, 1624, 1642, 2423 SB 246--Teachers Retirement; Peace Corps; teaching service
credit ................................................ No action in 1988 SB 247--Garnishment; procedures relating to hourly
or weekly earnings .................................... No action in 1988 SB 248--Housing; Dispossessory Proceedings; landlord must
furnish utilities ...................................... 33, 34, 81, 134, 136, 1837, 1912, 2424
SB 249--Teachers Retirement; Early Retirement Application; 30-year serivce........................................ 436, 469, 523, 524
SB 253--State Courts; Counties of 550,000; fee charged to fund enhanced services ..................................... No action in 1988
SB 255--Wills; marital deduction, procedures .................... No action in 1988 SB 257--Fair Business Practices; Motor Vehicle Dealers; deceptive
practices unlawful, retail sales .......................... No action in 1988
SB 258--Griffin Judicial Circuit; Superior Court; additional judge; jury impanelment ..................................... No action in 1988
SB 259--Torts; Wrongful Death of Parent; child may bring action .......................................... No action in 1988
SB 260--Vital Records; Death Certificates; physician's assistants sign, certain cases ..................................... No action in 1988
SB 261--Revenue and Taxation; Intangible Tax; foreign depository financial institutions................................... No action in 1988
SB 262--General Assembly; Members; reimbursable expenses; per diem differential; penalties ......................... No action in 1988
SB 265--Insurance; Motor Vehicle; claims against uninsured motorist .................................... No action in 1988
SB 269--Public Assistance; Substandard Child Support; parent's liability ...................................... No action in 1988
SB 270--Domestic Relations; Child Support; enforcement proceedings; immunity, court witnesses ............................. No action in 1988
SB 271--Domestic Relations; Child Support; enforcement; DHR college interest on judgments ..................... No action in 1988
SB 272--Domestic Relations; Child Support; enforcement; reimbursement for attorney's fees ..................................... No action in 1988

2432

JOURNAL OF THE SENATE

SB 273--Probate Courts; Chief Clerks; duties upon vacancy office of judge;

appointment.......................................... No action in 1988

SB 281--Contracts; Contingency Payments to Subcontractors;

public policy ......................................... No action in 1988

SB 285--Drugs and Drug Abuse; Dangerous Drugs; complimentary samples;

sale prohibited........................................ No action in 1988

SB 288--Banking and Finance; Check or Money Order Sellers;

cashing or redemption requirements

No action in 1988

SB 290--Agriculture; Regulations; commissioner, department

regulate certain activities .............................. No action in 1988

SB 291--Foreign Language Institute, Georgia; create .............. No action in 1988

SB 292--Physical Therapists; licensure; standards of care;

disciplinary actions.................................... No action in 1988

SB 300--Probate Courts; Insurance Proceeds; distribution in

active criminal investigations ........................... No action in 1988

SB 302--Torts; Corporate Officers, Directors; liability limits;

indemnification ....................................... No action in 1988

SB 304--Employees' Retirement System; Creditable Service;

public service in other states, federal agency............. No action in 1988

SB 305--Probate Courts; Judges; minimum salaries, increase

No action in 1988

SB 307--Manufacturers; Product Liability; punitive damages;

when complied federal standards ....................... No action in 1988

SB 309--Local Government; Ethics in Government Act; county,

municipal officials defined ............................. No action in 1988

SB 310--Housing; Single-Family Dwelling; structural

inspection certificates.................................. No action in 1988

SB 311--Military Affairs; State Defense Force; special

license plates ......................................... No action in 1988

SB 313--Minors; Employment; certificate requirements; passing grades;

maximum hours ...................................... No action in 1988

SB 315--Emergency Medical Services; Revisions; regional councils;

trauma centers; advisors; paramedics

No action in 1988

SB 316--Public School Employees Retirement; Health Insurance; retirees

of community colleges ................................. No action in 1988

SB 317--Driving Under Influence, DUI; Chemical Tests; two tests administered

30 minutes apart...................................... No action in 1988

SB 318--Blind Persons; Advisory Commission on Programs for the Blind;

create .................................................. 2331, 2337, 2423

SB 320--Atlanta Market for Georgia Farm Products Authority; creation ....... 33, 35

SB 321--Human Resources; Appeals to Final Orders; jury trials

before superior court .................................. No action in 1988

SB 322--Retirement and Pensions; Superior Court Judges; trustees;

senior judges; spouses ................................. No action in 1988

SB 323--Education; Superintendents of local systems elected

by board ............................................. No action in 1988

SB 324--Insurance Commissioner; not elected official; appointed

by Governor .......................................... No action in 1988

SB 325--Labor Commissioner; appointment by Governor,

not elected official .................................... No action in 1988

SB 326--Agriculture Commissioner; appointment by Governor,

not elected ........................................... No action in 1988

SB 327--Local Government; Bonds; proceeds; authorized investments

33, 36

SB 330--Health; County Hospital Authorities; members; terms;

appointment.......................................... No action in 1988

SB 331--Counties; Development Authorities; directors; terms;

appointment.......................................... No action in 1988

INDEX

2433

SB 332--Counties; Housing Authorities; commissioners;

terms of office ........................................ No action in 1988

SB 334--Appalachian Judicial Circuit; Superior Court;

additional judge .................................... 146, 180, 1835, 2423

SB 340--Bonds; Mechanic's or Materialmen's Liens; amount of

bond required for release .............................. No action in 1988

SB 342--Health; Hospital Authorities; liability,

self-insurance coverage ................................ No action in 1988

SB 343--Torts; Libel Actions; radio or television broadcasts;

evidence; retractions................................... No action in 1988

SB 344--License Plates; Special; Savannah State College;

extend time .......................................... No action in 1988

SB 345--Lobbyists, Registered Agents; Unauthorized Use of Signatures;

revocation of registration .............................. No action in 1988

SB 346--Juries; Selection; lists, placement of all registered

voters names ......................................... No action in 1988

SB 347--Civil Practice; Malpractice; affidavit of defendant insufficient

for summary judgment ................................ No action in 1988

SB 348--Professions and Businesses; Physicians, Osteopaths, Orthotists;

state board regulation, powers

No action in 1988

SB 349--Coroners; Anatomical Gifts; jurisdiction; exceptions to

release of body ....................................... No action in 1988

SB 351--Education; Sex Education; prescribed course in

public schools ........................................ No action in 1988

SB 352--Education; Sex Education; public schools;

course topics denned ........................ 224, 286, 337, 376, 2379, 2423

SB 354--State Courts; Abolish by Local Law; merge Superior Courts;

solicitors status ....................................... No action in 1988

SB 355--Judges; Superior Courts; expenses; reimbursement; audit reports

33, 36

SB 358--Public Service Commission; Motor Carriers; safety rules enforced

by Transportation Department ......................... No action in 1988

SB 359--War Veterans Cemetery; establish ............................. 1545, 2424

SB 364--Teachers Retirement; Beneficiary; death of; designation options;

married members ..................................... No action in 1988

SB 365--Driver's License; Examiners; deputy voter registrars;

additional registration places ..................... 736, 851, 924, 1095, 1165

SB 367--Medical Practice; Informed Consent to Surgical, Medical, Diagnostic

Procedures; rules. .................. 33, 36, 188, 230, 250, 1836, 2000, 2151,

2295, 2326, 2390, 2422, 2423

SB 370--Teachers Retirement; School Security Personnel;

membership .......................................... 436, 469, 523, 530

SB 371--Education; Private Colleges Authority; student loan

revenue bond proceeds ................................ No action in 1988

SB 372--Sexual Offenses; Nude and Sexual Conduct; prohibit where

alcoholic beverages sold................................ No action in 1988

SB 373--Courts; Criminal Records; purged; persons cleared

through proceedings ................................... No action in 1988

SB 374--Medical Malpractice; Arbitration of Claims for Damages;

procedures ........................................... No action in 1988

SB 375--Optometrists; prescriptions; pharmaceutical agents

for ocular diseases .................................... No action in 1988

SB 376--Public Service Commission; Cogenerated Energy Facilities;

exemptions; transmission agreements.................... No action in 1988

SB 377--Motor Vehicles and Traffic; Certificate of Title; exclude vehicles

not sold for highway use......................................... 33, 36

SB 378--Firearms and Weapons; Dealers; regulate pistol,

revolver sales ......................................... No action in 1988

2434

JOURNAL OF THE SENATE

SB 379--Employees' Retirement System; Counties of 500,000; membership options; family and childrens services ....... No action in 1988
SB 383--Teachers Retirement; Military Service Credit; requirements; limitations, ........................................... No action in 1988
SB 385--Insurance; Health Insurance Pool Act; creation .......... No action in 1988 SB 388--Civil Practice; Habeas Corpus Clerk for Certain Judicial Circuits;
number of writs....................................... 571, 651, 700, 701 SB 393--Mountain Protection Act; enact ........... 24, 188, 224, 292, 336, 343, 2415
SB 394--Open Meetings; State and Local Agencies; revise requirements ............................. 24, 45, 53, 68, 70, 1546, 1929, 1971, 2423
SB 395--Wills, Estates; Trusts; distribution of property; termination; consolidation........................... 25, 174, 189, 230, 254
SB 396--Civil Practice; estates; jurisdiction over nonresidents 25, 174, 189, 230, 255 SB 397--Pharmacists, Pharmacies; State Board; deceptive drug price advertising;
regulate .......................................... 25, 468, 512, 575, 577 SB 398--Hospitals; Clinical Health Services; uncompensated charity
care requirements ................................ 25, 942, 988, 1044, 1049, 1054, 1078, 1189, 1190
SB 399--Administrative Procedure Act; State Agencies; rule changes; timeframe for adoption ........................................... 25, 82
SB 400--Arts; Development Fund; establishment of; tax refund checkoff ................................ 25, 467, 512, 575, 626
SB 401--Firearms and Weapons; Discharged at Moving Vehicles; felony penalty ....................................... 25, 52, 65, 133, 134
SB 402--Elections; Change of Address Notification; absentee ballot application .................. 26, 224, 287, 337, 378, 1545, 1759, 2424
SB 403--State Employees; Merit System; dismissal action appeals; compensation procedures ........................... 26, 467, 512, 575, 629
SB 404--Elections; Change of Address Procedures; remove oath requirement .................. 26, 224, 287, 337, 379, 1836, 1893, 2424
SB 405--Elections; Voter Registration; identification by certified marriage license......................... 26, 224, 287, 337, 380, 1835, 2423
SB 406--State Employees; Merit System; state hospitals; night shift duty supplement pay ............................... 26, 467, 512, 575, 630
SB 407--Elections; Absentee Ballots; persons permitted make application for elector ....................... 26, 224, 287, 337, 380, 2379, 2381, 2423
SB 408--Elections; Municipal; candidates for nonjudicial offices; residency .......................... 27, 224, 287, 337, 381, 2125, 2136, 2424
SB 409--Counties; vacancies; probate court judge, county surveyor, coroner, tax commissioner, collector, receiver; procedures .............................. 27, 80, 131, 150, 152, 1836, 2423
SB 410--Merit System; Employees; polygraph examinations; adverse action procedures ......... 27, 648, 690, 793, 828, 829, 833, 996, 1013
SB 411--Probate Courts; Jury Trials certain counties; create Statewide Council of Judges ................... 27, 80, 131, 150, 153, 1638, 1761, 2424
SB 412--Counties; Probate Courts; supplied Official Code of Georgia Annotated; jury trials ......................... 27, 80, 131, 150, 153, 1546, 1763, 2424
SB 413--Probate Courts; Judges; required training, expense reimbursement, jury trials .......................... 27, 80, 131, 150, 154, 1546, 1773, 2424
SB 414--Elections; Polling Places; absentee balloting; restrict campaign activities, unopposed candidates ................... 28, 224, 287, 337, 382, 2419, 2423
SB 415--Courts; Juries; equalize peremptory challenges for felony indictments ... 28 SB 416--AIDS, Acquired Immune Deficiency Syndrome; Infected Persons;
criminal offense of battery; define; penalty ............................ 28

INDEX

2435

SB 417--Athletics; Collegiate Events; Public Safety Officer's duties;

expenses ....................................... 28, 52, 66, 133, 135, 150,

151, 507, 528, 2423

SB 418--Hart County; Governing Authority; create new board of commissioners

by referendum ............................. 28, 45, 54, 55, 685, 1407, 1929

SB 419--Attorney General; Remove Membership on Certain Boards,

Commissions, Authorities ............ 40, 80, 132, 150, 155, 1081, 1197, 2423

SB 420--Sanitarians, Professional; regulation of; establish

state board ........................................ 40, 174, 190, 230, 256

SB 421--Adoption; Agencies; expectant mothers; payment of lost wages,

expenses .......................................... 40, 146, 176, 195, 196

SB 422--Adoption; Special Needs Children; payments to

child-placing agencies .............................. 40, 146, 176, 195, 197

SB 423--Athletics; Athlete Agents Regulatory Act of 1988;

enact ............................. 40, 174, 190, 230, 262, 1637, 1867, 2423

SB 424--Education; Tuition Equalization Grants; private colleges;

"full-time student" .............. 41, 82, 331, 391, 443, 449, 1175, 1200, 2423

SB 425--Gasoline and Petroleum Products; Service Stations; retail sales;

air, water facility requirements ....................................... 41

SB 426--Employment; Wages; change minimum amount;

delete certain exemption ............................................. 41

SB 427--Elderly; Residential Water Service; past due bills;

disconnect limitations ............................................... 41

SB 428--Corrections; Parole Violators; arrest expenses;

reimbursement to counties ........................................... 41

SB 429--Corrections; Misdemeanor Offenders; confinement jurisdiction;

county facilities ........................... 41, 175, 190, 230, 267, 291, 292

SB 430--Juvenile Justice Coordinating Council; Membership on Criminal

Justice Coordinating Council ............. 42, 175, 190, 230, 269, 1031, 2423

SB 431--Victims of Crime; Compensation; provisions .................. 42, 175, 190,

230, 270, 1835, 2424

SB 432--Judges; Council; state courts and magistrate courts;

creation ................................ 42, 286, 332, 394, 405, 1081, 2423

SB 433--Education; Community Education and Development Act; grants

42

SB 434--Probation; Suspension of Sentence; maximum duration;

revocation ......................... 42, 174, 190, 230, 271, 2327, 2339, 2424

SB 435--Public Records; Inspection; redefine circumstances

open to public; exceptions ................ 42, 80, 132, 150, 157, 1924, 2031,

2077, 2169, 2248, 2409, 2423

SB 436--Open Meetings; Requirements of public agencies ....................... 42

SB 437--State Mapping and Land Records Modernization Advisory Board;

creation ...................................... 43, 175, 190, 230, 291, 293,

1462, 1514, 1641, 2424

SB 438--Insurance; Interlocal Risk Management Agencies; local boards

of education ....................... 43, 286, 332, 394, 407, 1543, 1594, 2424

SB 439--Education; QBE Formula; student counts; salaries;

midterm adjustment; grants .......................................... 43

SB 440--Grain Dealers; Financial Statements; audit, certification;

unlicensed persons ...................... 43, 145, 176, 195, 199, 1029, 2423

SB 441--Warehouse Act; Licensure; multiple operations;

financial records; audits.................. 43, 145, 176, 195, 200, 1544, 2424

SB 442--Property; Abandoned Vehicles; removal; notify certain persons;

liens .............................. 43, 650, 690, 740, 757, 1543, 1576, 2424

SB 443--Chiropractors; Scope of Practice; redefine; ancillary procedures;

recovery for injury .................................................. 44

SB 444--Physicians, Osteopaths; approved continuing education programs

44

2436

JOURNAL OF THE SENATE

SB 445--Macon County; Motor Vehicle Registration;

staggered periods ................................... 49, 81, 90, 685, 2423

SB 446--Restaurants; Drinking Water; prohibit charge for ...................... 49

SB 447--Consumer Protection; Used Cars; retail sales agreement;

cancellation procedures .............................................. 49

SB 448--Banking and Finance; Check-cashing Establishments; limit fees

charged; exceptions.......................................... 49, 843, 944

SB 449--Butterfly, Tiger Swallowtail; designate as state symbol.

49, 146, 176,

195, 202, 730, 2423

SB 450--Death Penalty; Sentence Prohibited; certain age youth,

mentally retarded persons ...................... 50, 174, 191, 230, 291, 297

SB 451--Vital Records; Hospitals; confidentiality of birth related information

50

SB 452--Firearms and Weapons; Dealers; sales of pistols, revolvers;

regulate; waiting period ............................. 50, 468, 512, 700, 709

SB 453--Waste Management; Solid Waste Disposal; national historic sites;

restrict permits .............................. 50, 436, 469, 523, 533, 1480,

1485, 1494, 1546, 2423

SB 454--Telephones; 976 exchange; regulate; customer preference ballot.......... 50

SB 455--Emergency Medical Services; Trauma Centers; physicians

emergency services; liability immunity ................................ 50

SB 456--Criminal Procedure; Demand for Trials; noncapital cases

51

SB 457--Local Government; Firemen; rights in administrative procedures,

civil actions ........................................................ 51

SB 458--National Guard; Retired Members; special motor vehicle

license plates ...................................... 51, 435, 469, 523, 535,

2126, 2165, 2208, 2424

SB 459--Consumer Protection; Tires; puncture repairs;

external plugs prohibited ............................................ 51

SB 460--Emergency Medical Services; Air Ambulance Services;

regulation; licensure ................................................. 51

SB 461--Emergency Medical Services; Personnel; patient treatment;

physician communication program ................................ 51, 987

SB 462--Health; Automatic Cardiac Defibrillators; use;

qualified personnel .............. 52, 987, 1037, 1095, 1120, 2079, 2143, 2424

SB 463--Courts; Sheriffs; Probate Judges, Clerks; minimum annual salaries;

cost-of-living adjustments ................ 63, 224, 287, 337, 383, 1637, 2424

SB 464--Food, Drugs and Cosmetics; retail sales of perishable items;

dated packaging .................................................... 63

SB 465--Schools; Eligibility for Enrollment; change date ........................ 63

SB 466--Amusement Ride Safety Act; Electronic Metal Detectors;

use to detect concealed weapons ...................................... 63

SB 467--Consumer's Insurance and Utility Counsel;

powers, functions ................. 63, 844, 944

SB 468--Elections; Ballots; straight party or body ticket voting;

delete method ...................................................... 64

SB 469--Utility Contractors; licensure; water, sewer, filtration plant.............. 64

SB 470--Courts; Community Service Sentencing; procedures to

satisfy fines ............................ 64, 571, 651, 700, 712, 1462, 2423

SB 471--Death Penalty; Executions; witnesses; number of

persons required .................... 64, 174, 191, 231, 291, 298, 1029, 2423

SB 472--Corrections; Commissioner; contracts; employment services;

leased property ............................... 64, 174, 191, 231, 291, 298,

1546, 1598, 2424

SB 473--Workers' Compensation; Corrections Department; employees in farm,

livestock operations ..................... 64, 435, 469, 523, 537, 1543, 2424

SB 474--Juries; Grand or Trial; hearing impaired jurors; use of interpreters ...... 65

INDEX

2437

SB 475--Community Affairs Department; duties, powers; advisory council;

board ............................... 78, 188, 224, 292, 336, 351, 731, 743,

838, 849, 1016, 1276, 1300, 1379

SB 476--Counties; Correctional Institutions; wardens;

police powers ....................... 78, 174, 191, 231, 291, 299, 1543, 2424

SB 477--Education; Public Schools; principals; classroom teaching requirements. . 78

SB 478--Motor Vehicles and Traffic; Insurance Policies; boldface print

where limiting damage loss .......................................... 78

SB 479--Residential Finance Authority; designate as Office of Housing;

powers and duties, mortage credits, insurance

.78, 188, 224, 292,

336, 367, 394, 1583, 2424

SB 480--State Agencies; Sale of Real Property; prohibitions;

General Assembly approval ............................. 78, 391, 437, 474

SB 481--Health; Smoking in Public Places; prohibitions; designated areas ........ 79

SB 482--Seat Safety Belts; Passenger Vehicles; front seat occupant

requirements, insurance provisions ............... 79, 175, 191, 231, 291, 300

SB 483--Juries; Attorneys at Law; declare ineligible for duty ................... 126

SB 484--Cellular Phone Services; Emergency "911" Calls;

fees prohibited......................... 127, 391, 437, 474, 477, 1638, 2423

SB 485--Tax Collectors, Commissioners; Vacancies; requirements, procedures;

chief deputy appointment.......................... 127, 148, 224, 287, 337,

383, 1544, 2424

SB 486--Elections; Insurance Commissioner; ethics; insurer

campaign contributions ............................................. 127

SB 487--Housing Authorities; investigations; subpoenas; failure to comply ....... 127

SB 488--Housing Authorities; fraudulently obtaining public housing;

penalties .......................................................... 127

SB 489--Public Authorities; obstruction of public administration; fraud ......... 127

SB 490--Employment Security Law; Income Tax; setoff of refunds; improper

unemployment compensation ............ 127, 435, 470, 523, 537, 1462, 2423

SB 491--Employment Security Law; Penalties; fictitious employing unit;

delinquent filing; interest, educational institutions............ 128, 435, 470,

523, 538, 1543, 2424

SB 492--Appeals to Superior Courts; trial without jury;

consent .......................... 128, 332, 391, 443, 450, 1029, 1056, 2423

SB 493--Surrogate Parenting and Agreements; regulate . . . 128, 570, 651, 700, 740, 768

SB 494--Grand Juries; County Officers; written response to

recommendations required ......................... 128, 286, 333, 394, 408

SB 495--Workers' Compensation; Death Caused by Intentional Act

of Employer; penalty ..................... 128, 988, 1037, 1095, 1118, 1159,

1168, 2316, 2395, 2424

SB 496--Insurance; Communicable Disease Exposure; coverage for

certain occupations................................................. 128

SB 497--Insurance Commissioner; Rate Filing Proceedings; consumer advocate;

create position ..................................................... 128

SB 498--Adoption; Comprehensive Revisions; procedures; licensure;

prohibitions ....................................................... 129

SB 499--Professions and Businesses; Physician's Assistants; health clinics;

membership state board ....................... 129, 224, 288, 337, 394, 395

SB 500--Counties; Jail Construction; proximity to public schools;

prohibitions ...................................... 129, 389, 437, 474, 478

SB 501--Superior Courts; Judges Retirement System; trustees;

additional member ............................ 129, 175, 191, 231, 291, 303

SB 502--Ports Authority, Georgia; property acquisition from Brunswick

Port Authority...................... 129, 175, 191, 231, 292, 304, 936, 2423

SB 503--Natural Resources; Submerged Cultural Resources; board empowered

to regulate ............................ 129, 436, 470, 523, 539, 1637, 2424

2438

JOURNAL OF THE SENATE

SB 504--Property Conveyances; Brunswick Port Authority; transfer to

Georgia Ports Authority ............. 130, 175, 191, 231, 292, 306, 936, 2423

SB 505--Georgia College; Motor Vehicle License Plates;

commemorative issuance ........................... 141, 650, 691, 740, 761

SB 506--Macon County; State Court; abolish; transfer cases to

Superior Court. .................................. 141, 188, 193, 729, 2423

SB 507--Schley County; Tax Commissioner; compensation;

change method ................................. 141, 188, 194, 1218, 2423

SB 508--Elections; Voter Registration; registrars; records; books close;

name removal ..................... 142, 224, 288, 337, 394, 396, 1835, 2424

SB 509--Counties; Tax Digests; uniform property valuation; commissioner

approval, school tax millage ......................................... 142

SB 510--Property; Bankruptcy; exempt certain retirement,

pension funds ............................... 142, 571, 649, 690, 738, 851,

927, 1916, 1918, 2424

SB 511--Crimes and Offenses; False Identification Documents;

penalties .................................... 142, 571, 649, 650, 691, 851,

910, 2078, 2141, 2424

SB 512--Billiard Rooms; Municipalities; applicability of chapter ................ 142

SB 513--Juries; Hearing Impaired Jurors; interpreters; duty of court

to provide .................................... 142, 737, 785, 851, 952, 954

SB 514--Public Records; Motor Vehicle Accident Reports; inspection by

certain persons .................................................... 142

SB 515--Nurses; Nursing Home Assistants; training program requirements

143

SB 516--Courts; Bailiffs; compensation; jurors,

expense allowance .................. 143, 286, 333, 394, 409, 443, 1670, 2424

SB 517--Driver's License; Probationary; driving restrictions;

hardship conditions ................................................ 143

SB 518--Southeast Interstate Low-Level Radioactive Waste Management

Compact; state withdrawal procedures .................. 143, 436, 470, 523,

540, 1637, 2424

SB 519--Municipalities; Annexations; public hearing requirements;

notices; ordinances ................................................. 143

SB 520--Trucks; Tractor-Semitrailers; length limitations; equipment; "kingpin" 143

SB 521--Transportation; State Board; membership; election by roll-call vote . 144

SB 522--Fairburn, City of; Corporate limits; annex certain property ............ 144

SB 523--Health; Medical Consumer Advocate; create position .................. 144

SB 524--Commerce and Trade; Business Acquisitions; prohibitive actions........ 168

SB 525--Local Government; Development Authorities; business closings;

damage actions .................................................... 168

SB 526--Day Care Centers; Space Requirements

168

SB 527--Health; Boards; consolidated city-county governments; environmental

health services; fees .................. 168, 390, 437, 474, 479, 1544, 2424

SB 528--Counties; Education Boards; members; qualifications;

high school diploma ............................... 169, 468, 513, 575, 632

SB 529--Promotional Give-away or Contests; Prohibit;

redefine lottery ................................... 169, 647, 691, 740, 747

SB 530--Social Services; Insurance and Educational Reinvestment Act;

AFDC children; GIERA

169

SB 531--Local Government; Solid Waste Collection Services; contracts

with private companies ............................ 169, 469, 513, 850, 852

SB 532--Health; County Boards; counties of 550,000; employee

health insurance ............................ 169, 651, 691, 851, 928, 2079,

2092, 2151, 2164, 2250

SB 533--Ad Valorem Tax; Counties of 550,000; alternative tax deferral

for elderly..................... 169, 467, 513, 575, 632, 656, 674, 1637, 2424

INDEX

2439

SB 534--Elections; Campaign Funds; prohibited use; contributions to other candidates................................................. 170
SB 535--Pierce County; School Superintendents; future appointment; referendum ................................... 170, 224, 226, 266, 386, 563
SB 536--Electric Membership Corporations; Officers, Directors; standard of care; liability; indemnification ................... 170, 391, 437, 474, 480, 1029, 2423
SB 537--Counties; Bond Proceeds and Contracts; counties not less than 250,000 nor more than 400,000; requirements ............... 170, 738, 785, 851, 952, 956, 1835, 2424
SB 538--Insurance; Companies; agency contracts; cancellation; cause of action................................ 170, 1035, 1087, 1189, 1211
SB 539--Elections; Insurance Commissioner; campaign contributions; prohibitions ....................................................... 170
SB 540--Insurance; Motor Vehicle; total loss claims; cash value determination ............................... 171, 436, 470, 523, 541
SB 541--Motorcycles; Insurance policy cancellation; notices of nonrenewal ....... 171 SB 542--Traffic Courts; jurisdiction; cities of 300,000
or more .......................................... 171, 391, 437, 474, 481 SB 543--Sales and Use Tax; Counties of 550,000 or more; proceeds
distribution formula ................................................ 171
SB 544--Carnival Ride Safety Act; Inspection Certificates; accident reports; insurance; penalties ................. 171, 286, 333, 394, 443, 447, 474, 477, 647, 700, 720, 1461, 1511, 2423
SB 545--Traffic Courts; Counties over 550,000; conviction reports; fees......................................... 185, 390, 437, 474, 481, 2379
SB 546--Corrections; Grants to Municipalities, Counties for Jails and Institutions........................ 185, 389, 438, 475, 482, 1462, 2423
SB 547--Workers' Compensation; Subsequent Injury Trust Fund; board of trustees; membership ................ 185, 435, 470, 523, 542, 1638, 2424
SB 548--Courts; Indigent Defense Act; judicial circuits; distribution of funds.......................................... 185, 467, 513, 575, 633
SB 549--Grandparents Visitation Rights; special circumstances; revocation petitions ................... 185, 843, 944, 996, 1001, 1044, 1045
SB 550--Forestry; State Board of Registration; membership; powers; extend to 1994.................... 186, 436, 470, 523, 542, 1461, 1775, 2424
SB 551--Hunting; Deer; maximum bag limits; season; antlerless deer limits ....................................... 186, 650, 691, 740, 741
SB 552--Criminal Procedure; Sentence; life imprisonment without parole; murder conviction.......................................... 186, 468, 513
SB 553--Public Officers and Employees; Salaries Determined by State Commission; major officers ..................................... 186, 224, 288, 337, 394, 399, 575, 792, 793
SB 554--LaGrange College; Motor Vehicle License Plates; commemorative issuance ........................... 186, 650, 691, 740, 760
SB 555--Retail Merchants; Flea Market Merchants; regulate; licensure; records....................................... 186, 647, 648, 691, 740, 762
SB 556--Banking and Finance; Bad Checks; parties who may prosecute an action.............................. 219, 436, 470, 523, 543, 2006, 2424
SB 557--Tattooing; change age of person unlawful to tattoo 219, 436, 471, 523, 544
SB 558--Local Government; Service Marks; registration; infringement damages ............... 219, 988, 1037, 1094, 1096, 2006, 2424
SB 559--Motor Vehicles and Traffic; Insurance; coverage for repair of damaged safety equipment......................... 219, 390, 438, 475, 483
SB 560--Courts; Criminal Proceedings; intimidation of witnesses; penalties ......................................... 219, 468, 513, 575, 634

2440

JOURNAL OF THE SENATE

SB 561--Controlled Substances; Seized Currency; deposit interest-bearing

account; evidence ................. 219, 390, 438, 475, 484, 2157, 2245, 2424

SB 562--Public Safety Department; Records; admissible evidence;

photocopies, computer printouts

219, 390, 438,

475, 484, 1835, 2424

SB 563--Murder; Against Persons Under 17 Years; imposition of

death penalty..................................... 219, 389, 438, 475, 485

SB 564--Elections; Campaign Financial Disclosure; statements; filing;

time period......................... 219, 390, 438, 475, 487, 736, 792, 818,

1035, 1094, 1100, 1643, 1873, 1971, 2082, 2151, 2423

SB 565--Rockdale County; State Court; terms;

ordinance violations .............................. 219, 332, 335, 566, 2423

SB 566--Rockdale County; Conyers-Rockdale County Charter Commission;

creation; referendum ............................. 219, 332, 335, 566, 2423

SB 567--University System; Education Faculty; public school

teaching requirements .............................................. 219

SB 568--Commerce and Trade; Revolving Charge Accounts; maximum

monthly finance charges ............................................ 219

SB 569--Small Businesses; Small Minority Business Development Corporations;

creation .......................................... 220, 286, 333, 394, 410

SB 570--Agriculture; Nuisance Actions; facilities, agricultural operations;

exceptions ............................. 282, 331, 392, 443, 450, 1589, 1594,

1642, 1740, 1785, 1946, 2229, 2424

SB 571--Warehouse Act; Warehouse Receipts; signatures;

computer printed ................................. 283, 570, 651, 700, 705

SB 572--Seat Safety Belts; Occupant Required Use; use of tobacco

products prohibited ................................................ 283

SB 573--Health; Emergency Medical Technicians, Paramedics; regulate,

certification ........................ 283, 987, 1037, 1095, 1151, 1189, 1198,

1919, 1964, 2078, 2087, 2089, 2169, 2238, 2348, 2378, 2422, 2424

SB 574--Handicapped Persons; Parking permits, assistance at

service stations ................... 283, 647, 691, 740, 752, 1462, 1508, 2423

SB 575--Telephone Solicitors; magazine, book subscriptions;

prohibitions .............................. 283, 942, 988, 1044, 1074, 1639,

1861, 1920, 1957, 2077, 2332

SB 576--Insurance; Child Health Services Act; accident and

sickness policies................................... 283, 389, 438, 475, 487

SB 577--Authorities; Downtown Development; projects; nonprofit health

care facilities .......................... 283, 469, 513, 575, 635, 1639, 2424

SB 578--Insurance; Motor Vehicle Accident Reparations; third party claims;

notices ........................... 325, 649, 691, 851, 930, 2091, 2147, 2424

SB 579--Ad Valorem Tax; Assessment; existing use; legislative intent;

uniform rules ...................................................... 326

SB 580--Excavation, Trench and Shoring Safety Act; regulate construction

326

SB 581--Fulton County; Board of Commissioners; elections; procedures

326

SB 582--General Assembly; Reapportionment; Senate Districts 15 and 16;

composition ............................ 326, 391, 439, 475, 488, 934, 2423

SB 583--Corrections; Inmates; jurisdiction; transfer agreement;

county reimbursement.............................................. 386

SB 584--Tort Actions; Manufacturers; product liability;

"use intended" conditions........................................... 386

SB 585--Law Enforcement Officers and Agencies; False Identification to Officer;

penalty .......................................... 386, 572, 651, 700, 707

SB 586--Firearms and Weapons; Carrying; exemption from prohibition;

full-time officials ............................. 386, 572, 652, 792, 823, 850,

852, 1942, 2136, 2424

INDEX

2441

SB 587--Transportation; Roadways; left turn only lanes; vehicle restrictions ................................ 387, 572, 652, 700, 722
SB 588--Education; Assessment of Student Achievement; state-wide evaluation ............. 387, 843, 944, 996, 1004, 1942, 1995, 2424
SB 589--Consumer Warranty Agreements; electrical or electronic products ........................... 387, 1035, 1087, 1189, 1241, 1242, 2007, 2424
SB 590--Gwinnett County; Magistrate Court; additional fees for law library ..................................... 387, 468, 473, 2223, 2424
SB 591--Liens; Property; filings; bondholder defenses .......................... 387 SB 592--Trucks; Width Dimension Limits; tandem axle;
agree federal definition ............................................. 387 SB 593--Health; Hearing Impaired; advisory commission on programs;
create ............................................ 387, 467, 513, 575, 636 SB 594--Alligators and Alligator Products; hunting, possession of;
regulate ............................... 388, 650, 692, 740, 742, 2005, 2424 SB 595--Central State Hospital; Education Supervisor, Principal;
former teachers; salaries .................. 388, 467, 514, 656, 665, 701, 724
SB 596--Zoning; Proposals; unfavorable recommendations; counties of 550,000 ..................... 428, 790, 843, 945, 997, 1016, 1181
SB 597--Hazardous Waste Management Authority; powers; liability; fees.................... 429, 650, 692, 740, 753, 2170, 2298, 2424
SB 598--Mechanic's and Materialmen's Liens; Filing; prior notices to filing a claim.................................................... 429
SB 599--Property; Theft By Conversion; leased or rented personal property ................. 429, 737, 785, 851, 921, 1639, 1784, 2424
SB 600--Consumer Protection; Retail Sales; manufacturer's rebates; redemption requirements ....................................... 429, 647
SB 601--Insurance; Accident and Sickness; individual; coverage with other insurers...................... 429, 1035, 1087, 1241, 1243, 2224, 2424
SB 602--Fulton County Superior Court, jury clerks; personnel; appointment...................................... 429, 571, 652, 701, 723
SB 603--Irwin County; Board of Commissioners; election districts; terms; quorum ................................... 429, 512, 516, 934, 2423
SB 604--Insurance; Accident and Sickness; coverage; human heart transplants...................... 430, 844, 945, 996, 1010, 2006, 2424
SB 605--Boats; Flotation Devices; canoes, kayaks, John boats; required of occupants ...................................... 430, 571, 652, 700, 711
SB 606--Estates; Uniform Statutory Rule Against Perpetuities; nonvested property....................................... 430, 1309, 1385
SB 607--Lincoln County; Magistrate Court; chief magistrate appointment; term ........................................... 459, 690, 697, 1173, 2423
SB 608--Handicapped Persons; Public Facilities; accessibility; standards; renovation; permits................ 459, 647, 692, 740, 765, 1929, 2023, 2424
SB 609--Public Service Commission; Office of Executive Director; establish ........................................ 460, 650, 692, 997, 1024
SB 610--Property; Foreclosure; writ of possession; summons; answer ........................................ 460, 987, 1037, 1095, 1158
SB 611--Municipalities; Ad Valorem Taxes; amount levy for development authorites ............................ 460, 784, 845, 952, 962
SB 612--Minors; Child Custody; age child select parent with whom to live .......................................... 460, 843, 945, 996, 1009
SB 613--Education; Teachers; tests administered to students; prohibited conduct ................................................. 508
SB 614--Criminal Procedure; Weapons; seized in criminal cases; disposition procedures ............................. 508, 571, 652, 700, 711

2442

JOURNAL OP THE SENATE

SB 615--Elections; Municipal; primaries; agents qualifying for candidates,

vote tabulators.................................... 508, 648, 692, 740, 792,

798, 2399, 2400, 2424

SB 616--Cobb Judicial Circuit; Superior Court; judges, chief judge;

salary supplement...................... 508, 690, 738, 792, 816, 2005, 2423

SB 617--Local Government; Officers, Employees; property sales to

political subdivisions .............................. 508, 648, 692, 851, 931

SB 618--State Agencies; Contracts; vendor purchases; prompt payment method;

interest ..................................... 509, 648, 692, 792, 825, 851,

952, 960, 2007, 2423

SB 619--Banking and Finance; Insurers Acquiring Lending Institutions;

exemption to restrictions ........................................... 509

SB 620--Landfills; Property Sales; deeds; notice of previous operations,

deposits .......................................... 509, 690, 738, 851, 932

SB 621--Abortion; Parental Notification Act; notices; waiver by

juvenile court................. 509, 988, 1037, 1094, 1096, 2317, 2322, 2382,

2383, 2399, 2400, 2402, 2422, 2424

SB 622--Ad Valorem Tax; Freeport Exemption; manufacturer's inventories;

clarify ............................................................ 509

SB 623--Clayton, City of; City Elections; change date

in December.................................... 566, 690, 697, 1296, 2423

SB 624--Ocmulgee Judicial Circuit; District Attorney; salary supplement

from certain counties .............. 566, 737, 785, 851, 919, 1461, 1496, 2423

SB 625--Elections; Municipal; officers elected 1986; terms;

local laws ................. . ... 566, 648, 693, 952, 961, 996, 997, 2419, 2424

SB 626--Fulton County; Board of Commissioners; travel expenses; vouchers;

contributions ..................... 567, 790, 844, 945, 997, 1022, 1095, 1163

SB 627--Insurance; County Education Boards; liability; interlocal

risk management. ................................................... 567

SB 628--Counties; Tax Equalization Boards; selection of members

by grand juries ............................... 567, 738, 785, 851, 952, 957

SB 629--Courts; Fines, Forfeitures; additional fees to fund

county jails ................................... 567, 648, 693, 851, 952, 953

SB 630--Local Government; burglar, fire, security alarms; private property

sales prohibited ................................... 567, 738, 786, 851, 952,

957, 1461, 1478, 2424

SB 631--Baldwin County; State Court; judge and solicitor,

compensation ........................ 642, 943, 989, 1044, 1071, 1834, 2423

SB 632--Commerce and Trade; Motor Vehicle Sales; logo removed

before sale ........................................................ 642

SB 633--Motor Vehicles and Traffic; Vehicle Turning Lanes; prohibit

placement of center barriers ........................................ 642

SB 634--Commerce and Trade; Theaters; motion picture bidding procedures;

repeal Act...................................................... 643

SB 635--Insurance; Captive Insurance Company Act, Georgia;

enact ........................... 643, 844, 945, 996, 1002, 1639, 1795, 2423

SB 636--Opticians, Optometrists; Optometry Services; advertising; rules

686

SB 637--Bonds; Rural Area Pool Allocation; transfer of funds;

exempt facilities ........................................... 686, 944, 989

SB 638--Education; County Boards; grievance procedure standards,

policies .......................... 687, 843, 945, 996, 998, 2297, 2317, 2423

SB 639--LaFayette, City of; Corporate Limits; redefine . . . . . 731, 845, 846, 1219, 2423

SB 640--Child Abuse; County Protocol Committees;

additional members ............. 731, 843, 945, 1044, 1057, 1929, 2026, 2424

SB 641--Drugs and Drug Abuse; Minor Child Drug Screening Program;

county health boards ......................... 731, 1180, 1229, 1317, 1319,

1942, 1974, 2424

INDEX

2443

SB 642--Agriculture; Dairy Milk Containers, Cases;

unlawful possession ........................... 780, 1034, 1087, 1189, 1206

SB 643--Wilkes County; Coroner; annual salary

... 780, 944, 950

SB 644--Motorcycles; Riders; protective headgear; change age requirement ...... 780

SB 645--Cobb County; Community Improvement Districts; redefine;

extend/terminate procedures; tax cap ............. 838, 988, 992, 1219, 2423

SB 646--Counties; Hospital Authorities; proceeds from sales of hospitals ........ 838

SB 647--Property; Foreclosure Fraud; penalties .................... 838, 1035, 1087,

1189, 1192, 2078, 2145, 2424

SB 648--Real Estate; Homeowner Loans; misrepresenting moneys provided;

debtors relief ................. 838, 1035, 1087, 1189, 1192, 2336, 2342, 2424

SB 649--Civil Practice; Asbestos; actions against manufacturers, suppliers;

revival ....................... 838, 1035, 1088, 1241, 1245, 1916, 1920, 2424

SB 650--Trucks; Pulpwood or Log Loads; specify manner of securing load ....... 937

SB 651--Corrections; Probationers; transfer of supervision; firearms,

hunting purposes

937, 1182, 1229, 1317, 1321, 1941, 2137, 2424

SB 652--Alcovy Judicial Circuit; Court Reporters; salary and

additional compensation

937, 1037, 1042, 1382, 1403, 2423

SB 653--Hapeville, City of; Homestead Exemption from Ad Valorem Taxes;

referendum ................................... 937, 1228, 1234, 2005, 2424

SB 654--Atlanta, City of; Mayor and Council; change qualifications ............. 937

SB 655--Fulton County; Medical Examiner; subpoena powers;

evidence ..................................... 938, 1228, 1234, 2223, 2424

SB 656--Pierce County; Tax Commissioner and Personnel;

compensation ................................. 938, 1037, 1042, 2223, 2424

SB 657--Cobb County; Superior Court; clerk and deputy; sheriff, personnel;

salary ................................... 938, 1037, 1042, 2046, 2239, 2424

SB 658--Insurance; Motor Vehicle; uninsured; multiple policy coverage;

rates ......................................... 938, 1036, 1088, 1241, 1247

SB 659--Seminole County; Treasurer; repeal Act

providing compensation

982, 1087, 1091, 1461, 2423

SB 660--Seminole County; Treasurer; abolish office....... 982, 1087, 1091, 1461, 2423

SB 661--Bibb County; Macon-Bibb County Water, Sewerage Authority;

compensation, pension plan .................... 982, 1087, 1092, 1834, 2424

SB 662--Education; Local Systems; employment contracts;

policies, procedures. ................................................ 982

SB 663--Education; Staff Development Plans; stipends;

local system requirements........................................... 983

SB 664--Education; Local Systems; minimum salary schedule;

career ladder programs ............................................. 983

SB 665--Reports of Child Abuse; prohibit employer

retaliatory actions ............................. 983, 1181, 1229, 1317, 1321

SB 666--Lithonia, City of; Mayor and Council; filling vacancies ............ 983, 1087,

1092, 2419, 2423

SB 667--Waste Management; Solid Waste or Special Waste Handling; permits;

compliance

983, 1036, 1088, 1189, 1196,

1210, 2125, 2152, 2424

SB 668--Revenue and Taxation; Tennessee Valley Authority; apportionment

of power sale proceeds............................................. 1031

SB 669--Jones County; Board of Commissioners; supplies, equipment;

purchases; bids ......................... 1082, 1228, 1234, 1543, 1773, 2424

SB 670--Jones County; Board of Commissioners; leases;

Jonesco Golf Course.......................... 1082, 1228, 1234, 1834, 2424

SB 671--Cobb County; Probate Court; judge and clerk;

compensation ................................ 1082, 1229, 1234, 1637, 2423

SB 672--Troup County; Board of Commissioners; meetings;

quorum .......................... 1082, 1229, 1235, 1236, 1240, 1834, 2423

2444

JOURNAL OF THE SENATE

SB 673--Underground Atlanta; Alcoholic Beverages; Sunday sales; special entertainment districts ............................................ 1175
SB 674--Lumpkin County; Homestead Exemption from Ad Valorem School Tax; referendum .................................. 1176, 1310, 1313, 2223, 2424
SB 675--Madison, City of; Corporate Limits; change 1176, 1310, 1313, 1835, 2423 SB 676--Gordon County; Board of Registrations and Elections; membership;
employees .............................................. 1176, 1310, 1313 SB 677--Fannin County; Probate Court; judge, nonpartisan nomination
and election ................................. 1176, 1310, 1313, 2419, 2424 SB 678--Gilmer County; Board of Commissioners; create; districts;
powers ...................................... 1176, 1310, 1313, 2005, 2424 SB 679--Gilmer County; Board of Education; members; nonpartisan election;
referendum .................................. 1176, 1310, 1313, 2005, 2424 SB 680--Cobb County; State Court; judges of second division;
compensation ........................... 1223, 1385, 1389, 2046, 2069, 2424 SB 681--Pierce County; Future School Superintendents; appointment;
referendum .................................. 1223, 1385, 1389, 2223, 2424 SB 682--Fannin County; Magistrate Court; chief magistrate;
nonpartisan election .......................... 1382, 1552, 1562, 2420, 2424 SB 683--Gordon County; Superior Court Clerk and Probate Court Judge;
fees, salary provisions ................................... 1548, 1840, 1844 SB 684--Cobb County; Magistrate Court; qualifications .................. 1548, 1840,
1844, 2419, 2423
SB 685--Cherokee Judicial Circuit; District Attorney; salary supplement................................. 1548, 1840, 1844, 2248
SB 686--Cherokee Judicial Circuit; Assistant District Attorney; duties; salary; staff. ............................................ 1548, 1840, 1844
SB 687--DeKalb County; Magistrate Court; chief magistrate; nonpartisan election ..................................... 1548, 1840, 1845
SB 688--Gilmer County; School Superintendent; nonpartisan election; referendum ....................... 1548, 1840, 1845, 1847, 1854, 2419, 2424

INDEX

2445

Senate Resolutions

SR

6--General Assembly; Revenue Bills; certain legislation originate either

Senate or House ...................................... No action in 1988

SR

7--General Assembly; Members; election and terms; change to

four-year term ............................ 540, 579, 1248, 1324, 1381, 2423

SR 11--Revenue and Taxation; Ad Valorem Tax; inventory assessment dates;

constitutional amendment ............................. No action in 1988

SR 14--Grand Juries; Investigative; circuit-wide, regional,

state-wide ............................................ No action in 1988

SR 16--Governor; Election and Term of Office;

change to six years .................................... No action in 1988

SR 21--Crimes and Offenses; Drug Trafficking; mandatory prison sentence;

amend Constitution ................................... No action in 1988

SR 22--Grand Juries; Investigative; special trial districts,

judicial circuits ....................................... No action in 1988

SR 23--Arts; Development Fund; grants; state tax

refund donations ...................................... No action in 1988

SR 26--Grand Juries; Jurors; selection; death penalty, public official

drug violation ........................................ No action in 1988

SR 41--Initiative Petition; Statutes and Amendments; power vested in people

enact or reject .................................... 174, 192, 231, 292, 307

SR 44--Constitutional Amendment, U.S.; call constitutional convention,

limit income tax state bonds ........................... No action in 1988

SR 75--Medical Assistance; Long-Term Care; Medical Care Foundation

Joint Study Committee ................................ No action in 1988

SR 77--Constitutional Amendment, U.S.; ratify; compensate congressional

members, election time-frame .......................... No action in 1988

SR 79--State Government; Private Enterprise; competitive impact,

joint study committee ................................. No action in 1988

SR 86--General Assembly; Supplementary Appropriations; for emergencies only;

two-thirds vote ....................................... No action in 1988

SR 89--Hospitals; Emergency Medical Care; indigents, pregnant women;

legal rights ........................................... No action in 1988

SR 106--North Fulton County Incorporation Joint

Study Commission .................................... No action in 1988

SR 117--Parents Without Partners Month; designate ............. No action in 1988

SR 129--Schools; Superintendents; education boards appoint;

amend Constitution ................................... No action in 1988

SR 130--Insurance; Commissioner; appointment by Governor;

amend Constitution ................................... No action in 1988

SR 131--Labor Commissioner; Governor appoint;

amend Constitution ................................... No action in 1988

SR 132--Agriculture Commissioner; appointment by Governor;

amend Constitution ................................... No action in 1988

SR 142--Education; State Board; General Assembly elect members;

Board appoint State Superintendent .................... No action in 1988

SR 152--Corrections; committee to study sentencing, incarceration, parole

33, 36

SR 163--Albert "Al" Holloway Labor Building; designate

1546, 1592, 2423

SR 167--Local Government; Bonds; public facility; subject voter approval;

amend Constitution ................................... No action in 1988

SR 220--Hotels and Motels; Franchise Agreements; committee

to study.............................................. No action in 1988

SR 242--Senate; adopt rules; standing committees .............................. 13

SR 243--General Assembly; Senate Convened; notify House, January 11, 1988 . . . . 30

SR 244--Senate; Employees; doorkeepers, interns; compensation ......... 28, 784, 790

2446

JOURNAL OF THE SENATE

SR 245--Hill Wilbanks Memorial Bridge; designate

in Murray County. .................. 28, 650, 693, 851, 952, 954, 1221, 2423

SR 246--Dalton Junior High School; commend ................................. 30

SR 247--Attorney General; remove from membership on certain

State Commissions .................................. 28, 80, 132, 150, 161,

180, 182, 1081, 2423

SR 248--Committee to Study Postsecondary and Vocational Education,

Equipment, and Library Research ................. 29, 843, 945, 1044, 1046

SR 249--University of Georgia; Athletic Achievements; commend ............ 30, 577

SR 250--Katrina McClain, National Basketball Player of Year; commend. .... 31, 577

SR 251--Lucy Wener, UGA gymnast; commend ............... 31, 577

SR 252--University of Georgia; Men's Tennis Team; commend .............. 31, 577

SR 253--University of Georgia; Women's Volleyball Team; commend...

31, 577

SR 254--Gwen Torrence, UGA Women's Track competitor; commend ........ 31, 577

SR 255--University of Georgia; Women's Gymnastics Team; commend ....... 31, 577

SR 256--University of Georgia; Baseball Team; commend ................... 31, 577

SR 257--University of Georgia; Academic All-Southeastern Conference Athletes;

commend....................................................... 31, 577

SR 258--University of Georgia; Women's Tennis Team; commend ........... 31, 577

SR 259--Revenue and Taxation; Development Districts; ad valorem tax incentives;

procedure .......................................................... 29

SR 260--General Assembly; Adjournment; January 15 to January 25 .... 46, 55, 124

SR 261--Kirn Bramlett, National Beta Club Talent Show; commend ............. 46

SR 262--Heather Meeks, Miss Georgia T.E.E.N.; commend.................. 46, 133

SR 263--Authorities; APDC's; UGA Institute of Community and Area

Development, evaluate..................... 44, 176, 192, 231, 292, 336, 337

SR 264--Economic Development; APDC's; industrial development financing;

joint study committee ............... 44, 188, 225, 292, 336, 372, 1639, 1872

SR 265--Ad Valorem Tax; Historic Properties and Areas; separate

tax classification ................... 44, 646, 693, 740, 745, 1941, 1962, 2424

SR 266--Dr. Charles B. Knapp, UGA President; commend ................. 46, 1446

SR 267--State Government; Agencies, Officers, Employees; immunity

from lawsuits; conditions ........... 44, 286, 333, 394, 410, 1463, 1480, 2423

SR 268--Dr. Henry Clark Bourne, Jr., Georgia Tech; commend .............. 46, 150

SR 269--Pam Stanescu, Houston County Teacher of Year; commend ............. 46

SR 270--Education Commissioner; create office,

appointment procedures ................... 44, 223, 288, 337, 394, 399, 402,

424, 443, 452, 1381, 2423

SR 271--Jim Tolleson, Senator, District 32; condolences ........................ 55

SR 272--Renal Diseases; task force to study kidney

dialysis centers .................................... 52, 286, 333, 394, 413

SR 273--Ethics In Government; Attorneys as public officers; duties,

conflict of conduct .................................................. 52

SR 274--Victims of Crime Compensation Fund; authorize by

constitutional amendment. ........... 52, 467, 514, 575, 656, 657, 2420, 2424

SR 275--Attorneys; Practice of Law; Supreme Court regulate;

membership requirements............................................ 52

SR 276--Good Eating in Georgia; Official State Menu Promotion ............ 66, 141

SR 277--Baldwin County; Oglethorpe Power Corporation; easement

for transmission line .................... 65, 146, 176, 195, 203, 1545, 2423

SR 278--Baldwin County; Georgia Power Company; Fishing Creek;

transmission line easement............... 65, 146, 176, 195, 204, 1545, 2423

SR 279--Good Eating in Georgia; Relative to Menu Campaign;

promote agriculture ................................................. 67

SR 280--State Bar of Georgia; Board of Governors; establish;

amend Constitution ......................................... 65, 844, 946

INDEX

2447

SR 281--Residential Finance Authority; Mortgage Revenue Bonds;

urge Congress extend financing program............................... 65

SR 282--Property Conveyances; Paulding County; lightguide cable easement,

Picket's Mill Park. ...................... 79, 146, 177, 195, 204, 1220, 2423

SR 283--Homer J. Walker of Warner Robins; commend......................... 67

SR 284--Schools; Local Systems; revenue sources other than ad valorem tax

79

SR 285--Georgia Municipal Association; commend

89

SR 286--David Brooks, Second Mount Vernon Baptist Church; commend

89

SR 287--Southwest Georgia Academy Football Team; commend ................ 133

SR 288--First African Baptist Church of Savannah, 200th Anniversary

133

SR 289--Dr. John Patrick Crecine, President, Georgia Institute of Technology;

commend...................................................... 133, 150

SR 290--Jon Toorchen, "The Courthouse Museum in Cleveland"; commend

133

SR 291--Dee Dowis, Air Force Academy quarterback; commend

133, 752

SR 292--Renee Tootle, 1988 Georgia Junior Miss; commend ............. . . 133, 478

SR 293--Johnny Beckman; commend..................................... 133, 179

SR 294--Georgia Citizens for the Arts; commend .............................. 133

SR 295--Revenue and Taxation; Mortgage Revenue Bonds; urge Congress

extend financing program ................ 144, 334, 391, 439, 475, 488, 2420

SR 296--Arts; Margaret Mitchell Home; relative to

historic preservation.......................... 144, 436, 471, 523, 545, 1031

SR 297--Mable Thomas Scott of Stephens County; condolences ................ 133

SR 298--Education; Code of Ethics; urge Professional Practices

Commission create ............................... 144, 843, 946, 997, 1020

SR 299--Arnold W. Cotton of Macon; commend............................... 147

SR 300--Criminal Sanctions and Correctional Facilities Commission;

create ............................................ 144, 174, 192, 231, 292,

336, 337, 1462, 2423

SR 301--Public Records; General Assembly Members' Personal Papers;

GSU Law Library................................. 144, 436, 471, 523, 545

SR 302--Girl Scout Gold Award; commend recipients

154

SR 303--Recreation and Park Society, Georgia; commend .................. 147, 629

SR 304--Firemen's Recognition Day, 16th Anniversary; commend

178

SR 305--Susan Wiley, National 4-H Championship; commend .................. 178

SR 306--Jan Fletcher, National 4-H Championship; commend .................. 178

SR 307--Mary Emily Deal, National 4-H Championship; commend.

178

SR 308--April Parker, National 4-H Championship; commend

178

SR 309--Patti Ayers, National 4-H Championship; commend

178

SR 310--Heather Shearouse, National 4-H Championship; commend

178

SR 311--Susan Hurt, National 4-H Championship; commend ................... 178

SR 312--Jill Sirmans, National 4-H Championship; commend

178

SR 313--Rebecca Heidt, National 4-H Championship; commend

178

SR 314--Holly Hardigree, National 4-H Championship; commend ............... 178

SR 315--Tonya Black, National 4-H Championship; commend

178

SR 316--Automobile Insurance; joint committee to study

consumer complaints .............................. 171, 390, 439, 475, 489

SR 317--County Commissioners Association of Georgia; commend .............. 178

SR 318--Medical College of Georgia Hospital and Clinics; commend ............ 179

SR 319--Leslie Pannell, 4-H Championship; commend ......................... 179

SR 320--Morrow High School Football Team; commend

193, 325, 494

SR 321--W. M. Moss, Police Chief of Cedartown; commend .................... 193

SR 322--Criminal Procedure; Sentence; life imprisonment for murder;

prohibit parole............................................. 186, 468, 514

SR 323--State Government; Officers Compensation Commission;

method of determining salaries ..................... 187, 224, 288, 337, 394,

403, 575, 792, 794

SR 324--Michael C. Daniel; condolences .................................. 193, 575

2448

JOURNAL OF THE SENATE

SR 325--Dr. Alonzo A. Crim, Atlanta School Superintendent; commend

193, 477

SR 326--Hazel W. Westfall of Warner Robins; commend....................... 226

SR 327--Corrections; Commissioner David C. Evans; commend ................. 226

SR 328--Gregory Steven Brooks; commend ............................... 183, 226

SR 329--Governmental Organization Study Committee 284, 467, 514, 575, 656, 659

SR 330--Central of Carrollton Football Team; recognize ................... 289, 452

SR 331--Honorable Martin Young; condolences ............................... 289

SR 332--Committee to Study Health Related Professions; merge into

single regulatory agency ....................... 284, 1550, 1555, 1667, 1830

SR 333--Fraudulent Check Study Committee ............ 284, 467, 514, 575, 656, 659

SR 334--Chief Judge John Land, Chattahoochee Judicial Circuit; commend...... 289

SR 335--Recycling; Waste-to-Energy Facilities; encourage state participation

326

SR 336--Colleges and Universities; urge university status two

South Georgia Colleges ............................ 326, 648, 693, 740, 766

SR 337--Regents Board; Georgia Southern, Valdosta State; urge

university status ................................................... 326

SR 338--Georgia State University; College of Law Moot Court Team;

commend. ..................................................... 334, 441

SR 339--Mary Emily Deal; commend .................................... 335, 407

SR 340--R. M. Bullington, United Transportation Union; commend ............. 335

SR 341--Dr. Raleigh Kirby Godsey, Mercer University; commend ...

335, 792

SR 342--Teacher of the Year, 1988; Jean Carolyn Williams; commend...... 392, 1009

SR 343--M. Parks Brown; express tribute to .............................. 392, 441

SR 344--Worth County High School Football Team; commend ............. 441, 662

SR 345--Academic Recognition Day, University System; commend .............. 441

SR 346--Rebecca Trued, Miss American Pre-Teen; commend ................... 441

SR 347--Corrections; County jails funding; criminal,

traffic fees........................................ 430, 648, 693, 740, 755,

1638. 1720, 2424

SR 348--D. E. Scarbrough, State Trooper; commend........................... 441

SR 349--Newnan High School; commend ..................................... 441

SR 350--Medical Assistance; Indigent Health Care Trust Fund; creation;

expand coverage ............................... 460, 942, 989, 1044, 1047,

1639. 1810, 2423

SR 351--Athletics; Amateur Foundation, Georgia; commend bid to host 1996

Olympic Games .................................................... 441

SR 352--PTA of Georgia and President, Georgianne Bearden; commend ......... 441

SR 353--State Capitol; Offices and Facilities; committee to study

long-range planning ........................... 460, 1647, 1648, 1854, 1865

SR 354--Veterans Day Parade Association of Atlanta; commend ............ 473, 642

SR 355--Administrative Procedure Act; Attorneys; regulate practice of law;

urge Supreme Court adopt......................... 460, 648, 693, 952, 962

SR 356--Cobb County; Designate Arthur T. Bacon Bridge, Atlanta Road at

Windy Hill Road ...................... 460, 650, 693, 740, 756, 1221, 2423

SR 357--Jack Stallings, Georgia Southern Baseball Coach; commend

473

SR 358--Major General (Ret.) Thurman E. Anderson; commend ............ 473, 792

SR 359--Noah Langdale, Georgia State University President; commend

473

SR 360--Elderly; Aging Population; joint committee to study

anticipated needs ........................ 509, 1228, 1310, 1392, 1446, 2008

SR 361--Schools; Local Systems; sources of revenue; temporary sales tax ........ 509

SR 362--Dr. Marvin C. Goldstein, Medical College Dental School; commend . . . . . 516

SR 363--Schools; Teacher Education; urge college faculty

instructional participation ................... 567, 844, 946, 997, 1094, 1109

SR 364--Florence McGill, Wife of Senator Sam McGill; condolences ....... 573, 1471

SR 365--Farm Bureau Day; proclaim February 10, 1988 ....................... 573

SR 366--U.S. Congress; Tobacco Exports; urge Committee on Smoking and

Health not impede ................................ 568, 736, 786, 851, 917

INDEX

2449

SR 367--Gordon County; Property Conveyance; W&A Railroad right-of-way

to William A. Davis .................. 643, 943, 989, 1095, 1118, 1836, 2423

SR 368--Belk Matthews Company; commend ................................. 654

SR 369--Pinewood Christian Academy Football Team; commend

573

SR 370--U.S. Congress; Motor Fuel Tax; urge exempt farmers for

off-road uses.................................. 643, 736, 786, 851, 952, 958

SR 371--Sandy Ann White; 1987 GOAL Award; commend

654, 697

SR 372--Kim Stephens of Newnan; commend

654, 792

SR 373--Dundee Mills, Inc., 100th Anniversary; congratulate ................... 654

SR 374--Georgia Public Television and Arrive Alive Georgia; commend

654

SR 375--Medicaid; committee to study reimbursement schedules ............... 643,

1550, 1555, 1667, 1746

SR 376--Cook County; Designate James G. Connell Bridge on

State Route #7 ...................... 687, 845, 946, 1044, 1059, 1462, 2423

SR 377--Education; Local Boards; personnel policies; urge uniform procedures;

review ....................................... 687, 1181, 1229, 1317, 1322

SR 378--Senior Georgians' Day; February 11, 1988 ............................ 696

SR 379--Senator Carl Harrison; commend ................................... .696

SR 380--Community Affairs Department; Local Government Bond Debt;

develop reporting requirements

731, 944, 989, 1044, 1061

SR 381--James Plydell-Bouverie; peach promotion; commend................... 740

SR 382--Family Violence; Law Enforcement Personnel; urge expand

training curriculum............................... 731, 844, 946, 997, 1018

SR 383--Family Violence; Law Enforcement; urge Police Academy implement

advanced training ................................ 732, 844, 946, 997, 1019

SR 384--Private Enterprise; Government Competition; committee to study

contracting out policy .................... 732, 1318, 1465, 1553, 1667, 1733

SR 385--Cook High School Wrestling Team; commend ........................ 790

SR 386--Head Injury Treatment and Rehabilitation Study Committee;

create ........................................ 780, 1383, 1467, 1567, 1613

SR 387--Charles T. Moller of Columbus; condolences .......................... 790

SR 388--Death Penalty; Retarded Offenders; urge commute sentence to

life imprisonment ............................. 839, 1182, 1229, 1317, 1323

SR 389--Hugh D. Broome, State Transportation Board; commend .............. 846

SR 390--Mrs. Paul C. (Libby) Broun of Athens; condolences .............. 790, 1402

SR 391--Donald E. Payton; condolences ..................................... .846

SR 392--McCaysville; mayor, city council, VIVA volunteers; commend

949

SR 393--H. G. and Mrs. Pierce of Clarkston; congratulate ..................... 846

SR 394--Presidential Parkway; Urge DOT modify; use funds for

rural developmental highways ............................. 938, 1310, 1385

SR 395--Youthful Offenders; committee to study alternative sentences .......... 938,

1086, 1182, 1241, 1251

SR 396--General Assembly; General Acts with local fiscal impact,

procedures, effective date ...................... 983, 1036, 1088, 1189, 1204

SR 397--Heritage High School Drama Department; commend

961

SR 398--Rozell Fabiani of Columbus; commend ............................. . . 949

SR 399--Corrections; State Prison at Reidsville; commend excellence rating

949

SR 400--Metabolic Disorders; committee to study expanding diagnostic

screening process................................................... 984

SR 401--Ion Ivan and Family; commend ..................................... 992

SR 402--State Parks System Study Committee; create . . 1031, 1309, 1385, 1568, 1634

SR 403--Wessie G. Connell of Grady County; condolences

1042

SR 404--Teachers; Health Insurance Plan for Retirees; urge reopen

participation option .......................... 1031, 1181, 1229, 1317, 1326

SR 405--St. Joseph's Hospital; commend heart transplant team ................ 1042

SR 406--General Assembly; Adjournment; February 19-22, 26-29;

March 4-7 ........................................ 1067, 1075, 1077, 1459

2450

JOURNAL OF THE SENATE

SR 407--University System; laboratory, equipment, rehabilitation technology,

eminent scholars study committee ............. 1082, 1181, 1229, 1317, 1327

SR 408--Petroleum Marketing Study Committee;

create ....................................... 1082, 1466, 1553, 1667, 1778

SR 409--Health Insurance; establish state pool; feasibility study ............... 1082,

1384, 1467, 1568, 1622

SR 410--Organ Donor and Procurement Study Committee .................... 1176,

1645. 1648, 1854, 1866

SR 411--Tom Holmes, Kroger Community Service Award; commend ........... 1184

SR 412--Kroger Company, Atlanta Division; commend ........................ 1184

SR 413--Transportation; Seat Belt Safety; urge highway signs

advertisement campaign ...................... 1177, 1551, 1555, 1667, 1830

SR 414--SCORE, Service Corps of Retired Executives; commend .............. 1184

SR 415--Cobb County; Committee to Study land use plans;

governmental services ........................ 1177, 1310, 1385, 1567, 1579

SR 416--Lincoln County High School Football Team; commend .......... 1184, 1258

SR 417--Public Safety Communications Equipment Needs

Study Committee ............................ 1223, 1551, 1555, 1667, 1812

SR 418--Public Safety Department; Memorial Committee; commend

Forsyth Training Center site ............. 1223, 1551, 1555, 1667, 1831, 2008

SR 419--Marion E. Smith, Stephens County High School Principal; commend . 1233

SR 420--Hilliard A. Wilbanks, Vietnam War Hero; tribute to ................. 1234

SR 421--Litter Control Laws; urge intensify enforcement ................ 1223, 1840,

1841, 2017, 2019

SR 422--Thomas W. Ridgway, Chief Judge Alcovy Circuit; honoring ........... 1234

SR 423--Tobacco Products; Exports to South Korea; urge fair market

climate petition ................... 1300, 1383, 1467, 1666, 1729, 1732, 2227

SR 424--Nursing Home Assistants; vocational-technical training program ....... 1300

SR 425--Munson Steed, Legislative Intern; commend ......................... 1312

SR 426--James Burroughs, Legislative Intern; commend ...................... 1312

SR 427--Michael Cruz, Legislative Intern; commend .......................... 1312

SR 428--Ed Head, Cleveland City Councilman; commend ..................... 1312

SR 429--Lewis Family Musical Group of Lincolnton; commend ................ 1312

SR 430--Murray County; Designate William A. Ridley Bridge over

Conasauga River, Highway #52........................... 1300, 1647, 1648

SR 431--Walnut Grove-Youth Water Authority in Walton County; recognize. . . . 1312

SR 432--Ross Laboratories; child advocacy program; commend

1312

SR 433--City of Brunswick; Birthplace of Brunswick Stew; recognize ........... 1388

SR 434--Frank and Mrs. Lanier, Fiftieth Anniversary; congratulate ............ 1471

SR 435--Health; Smoking In Government Buildings; urge create

designated areas ............................. 1464, 1550, 1555, 1667, 1832

SR 436--Dr. Tal C. Duvall; commend ....................................... 1471

SR 437--Carrollton High School Debate Team; commend ..................... 1471

SR 438--Solid Waste Management Study Committee; create .................. 1464,

1646. 1648, 1854, 1867

SR 439--Music Industry Study Committee, Citizens' Council; create ........... 1464,

1647. 1648, 1854, 1878

SR 440--Joe T. LaBoon, Atlanta Gas Light Company; commend............... 1471

SR 441--State Government; Labor Building in Albany; designate for

Albert W. Holloway ............................................... 1471

SR 442--Rabun County; Board of Commissioners; produce packing,

cooling facility; urge lease.......................... 1548, 1648, 1854, 1879

SR 443--Transportation; Committee to study port facilities,

developmental highways ...................... 1548, 1647, 1648, 1854, 1879

SR 444--Thelma W. Davis of Miller County; commend ....................... 1561

SR 445--WXIA-TV and Gannett Broadcasting Group; commend

1567

SR 446--WSB-TV, Family to Family Project; commend....................... 1567

INDEX

2451

SR 447--Presidential Candidates; urge identify children and

youth issues ................................. 1549, 1645, 1648, 1854, 1880

SR 448--Children and Youth Commission, Georgia; relative to................. 1549,

1645, 1649, 1854, 1881

SR 449--Social Services; Children's Services; urge development of

funding inventory ............................ 1549, 1645, 1649, 1854, 1881

SR 450--George Moore, Pastor of Saint Philip A.M.E. Church; commend

1561

SR 451--Jimmie L. Smith, Pastor of Beulah Baptist Church; commend ........ 1561

SR 452--James H. Morton, Pastor of Thankful Baptist Church; commend

1561

SR 453--Howell and Mrs. Vickers; congratulate .............................. 1561

SR 454--Thomas and Allene Patton; congratulate ............................ 1561

SR 455--Frank and Dorothy Sparks; congratulate

1561

SR 456--Jesse Phillips of Coffee County; condolences ......................... 1561

SR 457--Cindy Carr; condolences ........................................... 1561

SR 458--Van Davis; condolences ............................................ 1561

SR 459--Slosheye Trail Big Pig Jig; state BBQ cooking contest

1561

SR 460--Georgia Christian School Basketball Team; commend

1561

SR 461--Health Care Facilities, Hospitals; Certificate of Need; committee

to study program changes..................... 1643, 1840, 1841, 2017, 2020

SR 462--Children's Trust Fund; relative to child abuse prevention ............. 1643,

1839, 1841, 2017, 2020

SR 463--Young Americans Act of 1987; relative to passage ...........

1643,

1839, 1841, 2017, 2021

SR 464--Correctional Facilities; commend Macon, Dalton Development Centers 1652

SR 465--Dr. John E. Maupin; commend ..................................... 1652

SR 466--Frank Edwards; commend ......................................... 1652

SR 467--Nurse Anesthetists, Georgia Association; commend ................... 1652

SR 468--Dr. Leroy Keith, Morehouse College President; commend

1653

SR 469--Education; Counseling Services; elementary, middle schools;

review funding............................... 1643, 1839, 1841, 2017, 2022

SR 470--Economic Development; Youth Services; community plans;

certain committees address ................... 1643, 1839, 1841, 2017, 2022

SR 471--Small Businesses; Entrepreneurial Assistance for the Low-Income;

committee to study ............................................... 1644

SR 472--Juvenile Services Association, Inc., Georgia; commend ................ 1653

SR 473--Effingham County High School Football Team; commend ............. 1653

SR 474--Effingham County High School Academic Decathlon Team; commend . 1653

SR 475--Esther Pruett, Broadcasters Hall of Fame; commend ................. 1653

SR 476--Counties; Contracts; minority businesses; study income

tax incentive ..................................... 1838, 2009, 2010, 2316

SR 477--Georgia Amateur Hockey Association; commend

....

1843

SR 478--Campbell High School Seventh Grade Football Team; commend....... 1843

SR 479--Barney Riner, Sandersville Volunteer Fire Department; commend ... 1844

SR 480--Maher T. Hassan, M.D.; commend.................................. 1844

SR 481--Agriculture; Farm Accidents; emergency medical

services training .................................. 1838, 2009, 2010, 2316

SR 482--Hubert Floyd Shepherd, Minister; commend ......................... 1844

SR 483--Dr. George 0. McCalep of Decatur; commend ....................... 1844

SR 484--Harvey R. Brown of Macon; commend .............................. 1844

SR 485--Minors; Teenage Pregnancy/Parenting Projects (TAPP);

encourage ........................................ 1838, 2009, 2010, 2316

SR 486--William Earl Hamrick, Twiggs County Sheriff; commend

1891

SR 487--Chattahoochee County; County Library; urge designate for

Juliette Patterson ................................................. 2008

SR 488--Mark Pope, Eagle Scout; commend ................................. 2011

SR 489--Scott Stavron, Eagle Scout; commend ............................... 2011

SR 490--Japan Tobacco, Inc.; Urge purchase Georgia tobacco ................. 2008

2452

JOURNAL OF THE SENATE

SR 491--Juvenile Law; urge in-service training for peace officers ............... 2008 SR 492--Jack Ray, former state legislator; condolences........................ 2011 SR 493--Brownsville Baptist Church Centennial; recognize .................... 2011 SR 494--United Way Coastal Empire 50th Anniversary; commend ............. 2011 SR 495--Forest Hays, Jr.; designate memorial highway in Walker County....... 2008 SR 496--Stacey Searles of Chattooga County; commend....................... 2011
SR 497--Cobb County; Senate Committee to study land use plan, governmental services ............................................. 2008
SR 498--Mary Caroline Lee Mackay; condolences ............................ 2011 SR 499--Houston County; Commission on Children and Youth; urge create . 2008 SR 500--A. Lamar Ouzts of Winder; commend ............................... 2230 SR 501--General Assembly; Adjournment; amend SR 406; adjourn March 4
at 12:00 Midnight....................................... 2088, 2094, 2222 SR 502--Houston County; Commission on Children and Youth; recommend
creation of ....................................................... 2230 SR 503--Griffin High School Basketball Team; commend ..................... 2230 SR 504--State Defense Force; commend ..................................... 2230 SR 505--Cedartown Junior Service League; commend ......................... 2354 SR 506--Claxton High School Basketball Team; commend .................... 2315 SR 507--Neurofibromatosis Foundation, Georgia Chapter; recognize ............ 2315 SR 508--Hulk Hogan and World Wrestling Federation; relative to ............. 2384 SR 509--General Assembly; Adjournment; sine die March 7 ......... 2414, 2423, 2424

INDEX

2453

PART II HOUSE BILLS AND RESOLUTIONS

HB 7--Game and Fish; Fish Farms, Hatcheries; agricultural pursuits;

define; licensure................................ 33, 36, 436, 475, 490, 578,

724, 837, 850, 1334

HB 9--Athletics; Boxing and Wrestling; create state commission

to regulate ............................ 34, 36, 1035

HB 22--Courts; Municipal; jurisdiction; marijuana cases ..................... 34, 37

HB 24--District Attorneys; Investigators; membership in Employees'

Retirement System ......................... 167, 171, 987, 1038, 1567, 1604

HB 34--Forestry; Fire Protection; permits for burning woods,

lands, marshes ........................ 508, 510, 690, 738, 1095, 1157, 1221

HB 37--Driver's License; DUI; violations; federal law, local ordinances,

current or prior laws; other states ...................... No action in 1988

HB 47--Evidence; Criminal Cases; GBI Scientific Reports; statements

to police ........................................................ 34, 37

HB 66--Local Government; Annexation; prior county approval;

change population brackets ........................ 34, 37, 1552

HB 68--Traffic Offenses; Court Clerks; fees for conviction reports;

disbursement of fines .................................. No action in 1988

HB 71--Day Care Centers; Vehicles Transporting Children; seat

belt requirements ................... 641, 643, 1385, 1467, 2019, 2180, 2418

HB 74--Drugs and Drug Abuse; Forfeited Money or Property;

local government use of proceeds ....................... No action in 1988

HB 106--Legislative Retirement System; Creditable Service ................ 216, 221,

436, 471, 523, 548, 550, 564, 656, 666

HB 107--AIDS, Acquired Immune Deficiency Syndrome; Tests;

treatment requirements; disclosure; judicial procedures

2069

HB 113--Zoning; Rezoning; disclosure of financial interest,

local officials ......................................... No action in 1988

HB 117--Bonds; Criminal Procedure; notify surety of arraignment date ........ 34, 37

HB 157--Peace Officers' Annuity and Benefit Fund; PSC

Enforcement Officers; membership ............ 455, 461, 737, 786, 1318, 1358

HB 159--Motor Vehicles and Traffic; Certificate of Title; rebuilt,

salvage vehicles; inspections ........................ 1222, 1246, 2228, 2241

HB 170--Transportation; Highway Development; property acquisition

for roads; define truck length limitations ................ No action in 1988

HB 172--Bumper Stickers; Motor Vehicles; prohibit profane,

lewd words ........................ 34, 37, 52, 68, 74, 141, 156

HB 177--Ambulances; Emergency Medical Technicians; number required;

driver training ........................................ No action in 1988

HB 191--Sales Tax; Special Purpose County; expand projects;

reimposition; prohibitions .............................. No action in 1988

HB 194--Insurance; Policy Application Fees; automobile,

property, casualty ................................. 1035, 1088, 1189, 1193

HB 216--State Government; Appropriations; supplemental;

FY ending 6-30-88 ..................... 1299, 1301, 1465, 1553, 1667, 1731,

1919, 1949, 2047, 2090, 2397, 2422

HB 218--Emergency Telephone Number "911" Service;

maintenance fees........................... 650, 693, 952, 970, 1015, 1025,

1485, 1502, 2328, 2421

HB 228--Minors; Missing Children Information Center, GBI;

redefine age of person ......................... 427, 430, 570, 652, 700, 702

2454

JOURNAL OF THE SENATE

HB 249--Death Penalty; Drug Trafficking; procedures; related

murder conviction..................................... No action in 1988

HB 250--Local Government; Drug Enforcement; use of forfeited money;

expenditure limitations ...................................... 34, 38, 1384

HB 254--Health Care Data System; providers; required reports

to DHR .......................... 1028, 1031, 1550, 1556, 1667, 1779, 2007

HB 278--Teachers Retirement; Female Members; pregnancy leave;

creditable service payments .................. 167, 172, 737, 786, 1044, 1072

HB 283--Banking and Finance; Registration; notices; financial services;

branch offices; directors; credit unions

No action in 1988

HB 290--Courts; Juvenile; traffic offenses; fines to fund community services;

youth coordinating council created...................... No action in 1988

HB 303--Agrirama Development Authority; Atlanta Market for Georgia

Farm Products Authority; create ...................... 648, 700, 706, 1029

HB 305--Retirement and Pensions; Employees' System; Agricultural

Exposition Authority; membership .............. 217, 221, 436, 471, 523, 550

HB 308--Natural Resources; Water Pollution; marine toilets;

sewage; prohibitions .......................... 1036, 1088, 1667, 1740, 2224

HB 311--Smoke Detectors; Require in buildings with sleeping

accommodations; standards ...................... 34, 38, 435, 475, 494, 640

HB 312--Crime Information Center; Criminal History Records;

dissemination; conditions; exclusions .............. 34, 35, 332, 394, 415, 640

HB 337--Revenue and Taxation; Equalization, State Board; assessment

appeals; change requirements ................. 1374, 1839, 1841, 2018, 2098

HB 356--Retirement and Pensions; Firemen's Pension Fund;

maximum pension benefits ..................... 168, 172, 436, 471, 523, 552

HB 357--Teachers Retirement; Postretirement Benefit Adjustment;

payments, federal tax laws ..................... 216, 221, 436, 471, 523, 554

HB 358--State Employees; Retirement System; benefits;

cost-of-living increase. ......................... 216, 221, 436, 471, 524, 556

HB 369--General Assembly Members; right to practice law ........ 390, 439, 475, 495

HB 376--Retirement and Pensions; Public Systems; beneficiary

designation changes; spouses ........................ 987, 1038, 2018, 2079

HB 382--Retirement and Pensions; Teachers; creditable service;

reestablishment ............................ 458, 461, 987, 1038, 1392, 1405

HB 404--Emergency Management; Repeal state assistance to

local organizations .................................... No action in 1988

HB 430--Property; Discrimination in Housing; sales, leases,

financing, insuring ..................... 1016, 1032, 1309, 1385, 1478, 1528,

1641, 1720, 1785, 1794

HB 431--Alcoholic Beverages and Alcoholism; Pregnancy;

posting of warning signs ............................... No action in 1988

HB 432--Speech Pathology and Audiology; State Board; extend

to 1993; physicians; hearing tests ....................... No action in 1988

HB 435--Landfills; Construction Activity Prohibition on Abandoned

Landfills Act of 1988 ............................. 736, 786, 851, 907, 1030

HB 443--Public Service Commission; Fees for Operating Costs; assess

corporations, utilities; amount .............. 459, 461, 1551, 1556, 1855, 1896

HB 458--Peace Officers' Annuity and Benefit Fund; Benefits; retirement,

disability and beneficiary; increase .............. 166, 172, 436, 471, 524, 558

HB 480--Public School Employees Retirement; Postretirement benefits .......... 324,

327, 737, 786, 952, 965

HB 482--Public School Employees Retirement; Increase

benefit amount ............................... 324, 327, 737, 786, 952, 966

HB 488--Probate Courts; Office Location; judges; distance from courthouse . . . . 34, 38

HB 503--Public Employee Hazardous Chemical Protection and

Right to Know Act of 1988 .............. 1357, 1374, 1645, 1649, 1855, 1894

INDEX

2455

HB 507--Insurance; Preferred Provider Arrangements Act; standards; insurers .......................... 34, 38, 332, 394, 420, 649, 792, 804, 1641
HB 510--Brunswick-Glynn County; sewage system, continue in force .............................................. No action in 1988
HB 511--Brunswick Municipal Port and Terminal Facilities; continue in force ...................................... No action in 1988
HB 516--Nudity and Sexual Conduct; prohibit where alcoholic beverages sold ................................. 80, 139, 150, 177, 195, 205
HB 544--Fulton County; Board of Education; members; compensation ......................................... No action in 1988
HB 565--District Attorneys Retirement System; Creditable Service; vestment; disability; spouse beneficiaries ......................... 457, 461
HB 598--Estates; Foreign Wills; inventory; executor requirements ........... 146, 177, 195, 211, 639
HB 600--Marriage and Family Therapists; licensure; examination requirements ......................................... No action in 1988
HB 601--Bombs; false or facsimiles; prohibitions; penalties ........ No action in 1988 HB 615--Appeals and Error; Court of Appeals; preappeal settlement
conferences; filing ........................ 166, 172, 390, 439, 475, 496, 640 HB 636--Contracts; Public Works; bid bonds or other security; breached
bond actions......................... 126, 130, 188, 225, 292, 337, 374, 640 HB 652--Transportation; Speed Limits; maximum 65 MPH any highway;
speed zones certain vehicles ....................................... 46, 68 HB 661--State Agencies; Boards, Commissions; members; daily
expense allowance..................................... No action in 1988 HB 669--Guardians; bonds; cases of mismanagement; procedures .......... 1298, 1301,
1552, 1556, 1667, 1748 HB 670--Estates; Administrators, Executors; surety bonds; cases
of mismanagement ...................... 1298, 1301, 1552, 1556, 1667, 1807 HB 703--Retirement and Pensions; Court Officials; create new
retirement system ......................................... 140, 145, 1384 HB 704--Teachers Retirement; Membership; county school systems of
550,000 or more................... 1219, 1224, 1384, 1467, 1567, 1569, 1837 HB 708--Certificate of Need; Hospitals; grants; conditions; trust funds for
indigent care ......................................... No action in 1988 HB 713--Natural Resources; Liens; hazardous waste cleanup; Superfund
Reauthorization Act; filing; releases .......... 34, 35, 332, 394, 443, 444, 474, 475, 578, 666, 686, 706
HB 718--Sheriffs; Retirement Fund; benefits; active membership; options....................................... 184, 187, 436, 472, 524, 561
HB 719--Sheriffs; Retirement Fund; eligibility; court fines, forfeited bonds .............................. 455, 461, 737, 786, 996, 1011
HB 733--MARTA; Board of Directors; meetings, reports to local governing bodies ...................................... 126, 130, 512, 516
HB 743--Taxicabs, Limousines, Buses; registration exceptions; municipal regulation; limits ............. 34, 38, 435, 475, 523, 546, 578, 657, 686, 708, 2228, 2332, 2341, 2383, 2384
HB 751--Seat Safety Belts; Requirements in Passenger Vehicles; usage; insurance; evidence..................... 727, 732, 845, 946, 996, 1003, 1011
HB 768--Crimes and Offenses; Bail Jumping; redefine felony and misdemeanor; notices ...................... 737, 787, 1189, 1241, 1254, 1380
HB 775--Natural Resources; Emergency Operations Center; notification of oil, hazardous materials spills .................. 436, 472, 656, 668, 1029
HB 776--Superior Courts; Bail; jurisdiction; drug trafficking; child molestation; appeals ..................... 987, 1038, 1477, 1504, 1641, 1811, 1941, 1974, 2372, 2422

2456

JOURNAL OF THE SENATE

HB 778--Ad Valorem Tax; Homestead Exemption; certain persons, ages, income; referendum ................................ 91, 146, 177, 195, 212, 230, 231, 266, 275
HB 796--Driving Under Influence, DUI; Serious Injury by Vehicle; maximum penalty; felony offense ....................... No action in 1988
HB 808--Coffee County; Health Insurance Benefits; commissioners; county officers; employees.............................. No action in 1988
HB 816--Professions and Businesses; Optometrists; advertising eye exam services; trade names .............. 1174, 1177, 1383, 1467, 1567, 1583
HB 841--State Agencies; Decisions in Contested Cases; documents; findings of fact .............. 981, 984, 1181, 1229, 1392, 1442
HB 842--Superior Courts; Judges Retirement System; creditable service; senior judges .................................................. 455, 461
HB 859--Trucks; Forest Products; comply motor carrier vehicle safety rules 34, 38 HB 862--Landfills; Solid Waste Disposal Sites; permits;
adjoining counties ................... 812, 832, 1036, 1088, 1317, 1347, 1463, 1484, 1547, 1575, 1944, 2228
HB 865--Walton County Water and Sewerage Authority; create No action in 1988 HB 878--Criminal Procedure; Death Penalty; guilty but mentally retarded;
charge to jury .................... 1223, 1224, 1318, 1647, 1649, 1855, 1936, 2078, 2103, 2156, 2178, 2308, 2421
HB 896--Agriculture; Agrirama Development Authority; membership, Employees' Retirement System .............. 835, 839, 987, 1038, 1477, 1487
HB 905--Proprietary School Act; certificate of authorization; sex education in public schools .................................................. 2228
HB 908--Revenue and Taxation; Intangible Recording Tax; convert to documentary tax; maximum tax .................... 1839, 1841, 2018, 2161, 2229, 2296, 2327
HB 912--Game and Fish; Commercial Fishing; illegal fishing, shrimping penalties ........................... 282, 284, 436, 472, 656, 671
HB 924--Partnerships; Georgia Revised Limited Partnership Act; enact ................................... 166, 172, 571, 649, 737, 787, 851, 914, 2078, 2163
HB 968--Pharmacists, Pharmacies; Drugs; withhold duplicate prescriptions from another practitioner ......................................... 34, 38
HB 990--DeKalb County; Pension Board; membership; contributions ......................................... No action in 1988
HB 995--Gwinnett County; Board of Registrations and Elections; create .................................................... 224, 226, 2225
HB 1001--General Assembly; Budget Act; change definition of "appropriation" .......................... 1340, 1374, 1466, 1553, 1667, 1786, 1920, 1943, 2047
HB 1025--Public School Employees Retirement; Creditable Service; 40 or more years; benefits................... 457, 462, 987, 1038, 1567, 1586
HB 1030--Insurance; Motor Vehicle; self-insurers; certificates; claims practices ......................... 1299, 1301, 1839, 1841, 2018, 2107
HB 1032--DeKalb County; Board of Education; members; compensation; repeal Act ............................................ 29
HB 1035--World Congress Center; Contracts; services for commerce, trade facilities to local authorities ............. 1539, 1642, 1719, 1899, 2228
HB 1036--Grants; Trade Center Facilities; local governments; exclude carpet centers ................................. No action in 1988
HB 1046--Employees' Retirement System; Environmental Facilities Authority; membership; past service credit ....................... 458, 462, 987, 1038, 1095, 1128
HB 1070--Chatham County; Tax Commissioner; office supplies; equipment; employees ................................. No action in 1988

INDEX

2457

HB 1071--Employees' Retirement System; Education Board, Department Personnel; membership options ...................... 323, 327, 737, 787, 1095, 1159
HB 1089--Fulton County; Personnel Board; civil service; disciplinary procedures ................................... 978, 1385, 1389
HB 1102--Gwinnett County; Board of Elections; repeal Act................... 29, 390, 439, 475, 497, 2225
HB 1104--Talbot County; Board of Commissioners; compensation ......................................... No action in 1988
HB 1121--Clayton County; Community Improvement Districts Act; create ................................................ No action in 1988
HB 1123--Furnishing Alcoholic Beverages to Minors; parent's right of action ................................. 836, 839, 1182, 1230, 1568, 1619
HB 1138--Savannah, City of; Elections; mayor, limit term; referendum ........................................... No action in 1988
HB 1139--Natural Resources; Fishing with Bow and Arrow; Lake Strom Thurmond ........................ 282, 284, 436, 472, 656, 672
HB 1151--Trusts; Trustee Powers; executory; termination; distributions .............................. 322, 327, 1180, 1230, 1477, 1518
HB 1153--Newton County; Homestead Exemption; county and school district taxes; referendum ......................... 55, 56, 175, 179
HB 1156--West Georgia Regional Water Authority Act; creation .......................................... 1220, 1226, 1385, 1389
HB 1157--Charlton County; Board of Education; elections; districts ................................................ 55, 56, 147, 148
HB 1160--Counties; Life Insurance Premium Taxes; use of proceeds; adjust ad valorem ............... 836, 839, 986, 1039, 1392, 1397, 1639, 1771
HB 1162--Banking and Finance; Trust Companies; fiduciary funds investments; fees; disclosure.......................... 1296, 1301, 1550, 1556, 1855, 1926
HB 1163--Property; Guardians and Trustees of Estates; additional commission .................... 324, 327, 571, 652, 701, 740, 754
HB 1169--Opticians, Optometrists; Pharmaceutical Agents; use of............................... 218, 221, 689, 738, 792, 813, 824, 934
HB 1183--Appropriations and Fiscal Affairs; Supplemental; FY 1987-88; Medicaid benefit claims. ................. 56, 65, 81, 134, 138
HB 1184--Fairburn, City of; corporate limits .................... 424, 434, 1385, 1389 HB 1186--Barrow County; Board of Education; redistricts; elections;
compensation; referendum ............................. 126, 131, 175, 179 HB 1188--Forsyth County; Civil Service System; creation ............ 67, 73, 175, 179 HB 1189--Family and Children Services; County Boards;
membership; nominees. ....................324, 327, 1228, 1310, 2018, 2143 HB 1191--Lawrenceville, City of; Police Department; voter approval
to abolish ....................................................... 67, 74 HB 1192--Counties; Recreational Set-aside Property; sale;
homeowner's associations ...................... 166, 172, 391, 439, 475, 498 HB 1193--Authorities; Metropolitan APDC's; membership; representative
mayors, members ............................. 167, 173, 391, 439, 475, 499 HB 1194--MARTA; Construction; use of revenues after Phases A, B, and C........ 77,
79, 147, 148 HB 1195--General Assembly; Lieutenant Governor and Speaker of House
of Representatives; compensation ................ 77, 80, 174, 192, 231, 292, 336, 338, 686, 721
HB 1196--General Assembly Members; Executive, Judicial Branch committees; reimbursement .......... 77, 80, 174, 192, 231, 292, 336, 340, 685
HB 1200--Revenue and Taxation; Ad Valorem Tax; municipal taxes; county tax officials collect ............ 456, 462, 988, 1039, 1318, 1370, 1544

2458

JOURNAL OF THE SENATE

HB 1201--Peace Officers; Training; annual requirements . 322, 327, 571, 652, 701, 725 HB 1202--Peace Officer and Prosecutor Training Fund;
Magistrate Courts; fees ................... 322, 328, 571, 653, 701, 740, 742 HB 1203--Drugs and Drug Abuse; Controlled Substances;
imitations; penalties ............................ 77, 80, 436, 472, 656, 673 HB 1205--License Plates; Staggered Tag Sales; Sumter County ....... 67, 74, 147, 149 HB 1206--Savannah, City of; Homestead Exemption; elderly, disabled
residents; referendum................................ 68, 74, 188, 194, 426 HB 1207--Savannah, City of; Homestead Exemption; ad valorem taxes;
$2,000, all residents ............................................. 68, 74 HB 1208--Savannah, City of; Homestead Exemption; elderly residents
with certain income ..... 68, 74
HB 1209--Veterinarians; Licensure; continuing education; liability; records; technicians; extend state board ................. 321, 328, 569, 570, 653, 740, 753
HB 1211--Appling County; Board of Education; elections; districts; compensation ........................................... 77, 79, 175, 179
HB 1212--State Employees; Health Insurance Plan; include certain firemen, peace officers ........... 216, 221, 390, 439, 475, 500
HB 1213--Retirement and Pensions; Peace Officers' Benefit Fund; date of medical examinations ............ 1028, 1032, 1384, 1467, 1666, 1726
HB 1214--Cosmetology; Schools; teachers, instructors; training requirements. .......................................... 385, 388
HB 1215--Barbers; License Provisions; requirements for practicing and teaching. .................................................. 323, 328
HB 1216--Day Care Centers; Employees; criminal records check; hearing officers ..................... 322, 328, 1383, 1467, 1567, 1614, 1837
HB 1217--Personal Attendant Care Program for Disabled Adults Act; enact ........................... 425, 430, 942, 989, 1189, 1202
HB 1218--Fulton County; bond election date requirements; counties of 550,000 or more............................. 638, 643, 844, 946, 1094, 1111
HB 1220--Richmond County; Government Reorganization of County-City of Augusta; referendum ..................... 1924, 1927, 2229, 2231, 2232, 2238, 2418
HB 1221--Sexual Offenses; Pandering; soliciting persons under 17; solicitation of sodomy ............ 296, 299, 571, 649, 650, 694, 851, 917, 982
HB 1223--Legislative Counsel; Indexing Services for Publication of Georgia Laws. ..................... 125, 130, 174, 192, 231, 292, 336, 341
HB 1226--Code of Georgia; Sexual Exploitation of Children; correct typographical errors .................... 125, 130, 389, 440, 475, 501
HB 1228--University System; Faculty Members; payroll deductions; contributions; dues .................... 456, 462, 648, 694, 2207, 2217, 2420
HB 1229--Code of Georgia; Revisions; correct errors, omissions; reenact statutory portion ................. 125, 130, 332, 392, 443, 451, 640
HB 1231--Civil Practice; Forum Non Conveniens; out-of-state actions by nonresidents ...................................... 426, 431, 987, 1039
HB 1234--Public Service Commission; Telecommunication Companies; deregulation or detariffing; powers ........... 507, 510, 943, 989, 1094, 1112, 1119, 1292, 1340, 1381
HB 1235--Courts; Appeals; state court reviewing magistrate court decisions ............................ 565, 568, 1552, 1556, 2207, 2214
HB 1236--Dallas, City of; new charter .............................. 78, 79, 332, 335 HB 1237--Parks and Recreation; Master Therapeutic Recreation
Specialists; qualifications .................... 167, 173, 844, 946, 1095, 1124 HB 1238--Airports; Sale or lease to foreign citizens,
businesses prohibited ........................ 455, 462, 738, 787, 1044, 1046

INDEX

2459

HB 1239--Medical Assistance; Appeals; hearings; administrative

decisions; unify procedures................ 426, 431, 468, 514, 575, 656, 660

HB 1240--Teachers Retirement; Accumulated Unused Sick Leave;

payment provisions. ..................... 1373, 1374, 1839, 1842, 2018, 2157

HB 1241--Peace Officers; Standards and Training Council;

personnel; appropriations ................. 322, 328, 390, 440, 475, 501, 578,

664, 1016, 1055, 1501, 2228

HB 1242--Coweta County; Board of Commissioners; vacancies;

special elections....................................... 125, 131, 175, 179

HB 1243--Chiropractors; Vitamins, Minerals, Food Supplements;

recommending use of .......................... 565, 568, 1645, 1649, 1855,

1901, 1942, 2296, 2327

HB 1244--Blind Persons; Honorary Fishing Licenses; reciprocity

adjoining states ............................... 217, 222, 436, 472, 656, 674

HB 1247--Loans; United Student Aid Funds, Inc.; investment

by insurers .............................. 507, 510, 649, 694, 740, 792, 799

HB 1249--Courts; Contempt Powers; failure to comply housing

authority subpoenas ............................................ 140, 145

HB 1250--Minors; Interest in Property Under Will; renunciation;

time ............................. 1299, 1301, 1840, 1842, 2017, 2029, 2225

HB 1251--Estates; Administrators and Executors; commissions ...

140, 145,

987, 1039, 1317, 1333

HB 1260--Community Affairs Department; Office of Rural Development;

create within ................................. 282, 284, 391, 440, 475, 502

HB 1261--Corrections; Jailers of Municipal Corporations;

chiefs of police; records .................... 837, 839, 1181, 1230, 1478, 1538

HB 1263--Motor Vehicles and Traffic; Vehicle Accidents; duty of driver;

failure to stop; penalties ............. 457, 462, 1647, 1649, 1854, 1886, 2224

HB 1266--Tobacco Products; Treated With Certain Pesticides;

detention; condemnation .................. 455, 463, 569, 570, 653, 700, 712

HB 1267--Appropriations; Supplemental; FY 87-88 ................ 218, 222, 467, 514,

575, 579, 642, 656, 667, 671, 857, 935, 1379

HB 1268--Insurance; Motor Vehicle; nonrenewal; notices; actions;

agency termination .................. 322, 328, 1384, 1468, 1667, 1787, 1920,

1995, 2077, 2088, 2300, 2421

HB 1272--Commerce and Trade; Georgia Business Corporation Code;

extensive revision ....................... 218, 222, 737, 787, 851, 915, 1298

HB 1273--Crimes and Offenses; Dangerous Dog Control Law; enact .......... 428, 431,

572, 653, 700, 713, 741, 1552, 2018, 2170, 2416

HB 1275--White County; Board of Commissioners; recreation;

referendum ........................................... 126, 131, 147, 149

HB 1276--Education; School Year; variance in length;

snow days ........................................ 217, 222, 468, 514, 575,

656, 661, 727, 744

HB 1277--Appropriations and Fiscal Affairs; General;

FY 1988-1989..................... 1221, 1224, 1466, 1553, 1666, 1673, 1740,

1785, 1794, 1882, 1885, 2250, 2421

HB 1278--Counties; Tax Equalization Boards; members;

selection; qualification ..................... 765, 767, 1180, 1230, 2019, 2220

HB 1279--Counties; Property Tax Digests; equalization; review;

appeals .......................................... 282, 284, 646, 694, 792,

801, 953, 976, 1030

HB 1280--Ad Valorem Tax; Tax Executions; notices to taxpayer;

prohibited actions in transfers

836, 839, 1180,

1230, 2019, 2181, 2417

2460

JOURNAL OF THE SENATE

HB 1281--AIDS, Acquired Immune Deficiency Syndrome; Testing;

records; reports; counseling; omnibus bill 185, 187, 1839, 1843, 2017, 2048,

2126, 2135, 2156, 2206, 2354, 2422

HB 1282--Transportation; Motor Carriers; interstate, intrastate

commerce; registration ................... 1173, 1177, 1310, 1386, 1477, 1511

HB 1284--Public Service Commission; Telephones; soliciting calls to

976 number; penalties .................................... 981, 984, 1094,

1551, 1556, 2018, 2105, 2417

HB 1285--Emergency Medical Services; Mutual Aid Act; assistance

to another political subdivision ................ 167, 173, 390, 440, 475, 503,

578, 701, 837, 850, 1272, 1545

HB 1286--Millen, City of; new charter ............................ 140, 145, 391, 393

HB 1292--Courts; Evidence; subpoenas; enforcement for contempt;

witness fees ...................... 1372, 1374, 1646, 1649, 2207, 2210, 2417

HB 1294--Domestic Relations; Child Custody; visitation rights;

noncustodial parent; location ................. 730, 732, 843, 946, 1095, 1161

HB 1297--Administrative Services Department; Services for

Local Governments; reserve fund for new equipment .............. 684, 687,

1035, 1089, 1241, 1267

HB 1298--Superior Courts; Clerks; closing office for lunch period;

inclement weather; counties less than 10,000 323, 328, 467, 515, 575, 656,

662, 1015, 1057, 1222, 1246, 1547, 1616

HB 1300--Dublin, City of; Public Utilities; ordinances; contracts;

penalties; elections .................................... 140, 145, 286, 289

HB 1301--Civil Practice; Production of Documents; confidentiality;

mental health records ....................... 506, 510, 844, 947, 1044, 1067

HB 1302--Securities; Professional Corporations; stock transfer, sales;

shareholders ............. 167, 173, 988, 1039, 1095, 1124, 1125, 1172,

1190, 1241, 1270, 1318, 1357, 1544

HB 1303--Development Authorities; Projects; office building;

charitable corporations, associations

.... 323, 329, 943, 989, 1241, 1259

HB 1304--Motor Vehicles and Traffic; Used Car Dealers; licensure,

registration; records inspection ............ 282, 284, 334, 389, 440, 475, 504

HB 1305--General Assembly Members; special license plates;

revocation; seizure .......................... 385, 388, 943, 989, 1044, 1060

HB 1306--Day Care Centers; Space Requirements; exception,

designated time period .................... 641, 644, 1086, 1182, 1241, 1261

HB 1307--Motor Vehicles and Traffic; License Plates; fees; installment

payment date; change ......................... 217, 222, 650, 694, 792, 802

HB 1308--License Plates; Special; Georgia National Guard retirees

and Georgia College ................. 217, 222, 1310, 1386, 2018, 2097, 2229

HB 1310--Small Minority Business Development Corporations;

creation ................................ 1296, 1302, 1550, 1556, 1855, 1949

HB 1311--Llamas, Alpacas; death or injury by dogs; civil actions

1297, 1302

HB 1318--Coroners; Postmortem Exams; chemical tests

for alcohol, drugs ................................... 639, 644, 1228, 1311

HB 1321--Teachers; Aides, Paraprofessionals; retirement system;

agency name change.......................... 458, 463, 737, 787, 997, 1024

HB 1322--Minors; Alcoholic Beverages; sellers duty to verify age,

ID documents .................... 1028, 1032, 1550, 1560, 1667, 1828, 2224

HB 1323--Minors; Chatham-Savannah Youth Futures Authority Act;

creation ................................. 140, 145, 512, 516, 517, 519, 640

HB 1324--Professions and Businesses; Fundraisers, Solicitors; regulate;

charitable sales promotions ................................ 282, 285, 647,

942, 990, 1095, 1130, 1297

HB 1325--Superior Courts; Sessions; use of state court facility outside

county site .......................... 167, 173, 571, 649, 690, 738, 792, 817

INDEX

2461

HB 1326--Elections; Qualifying Fees of State Political Parties;

distribution............................ 427, 431, 844, 947, 997, 1044, 1061

HB 1328--Motor Vehicles and Traffic; License Plates; 5-year metal;

mutilated plates, leased vehicle registration ....................... 217, 222,

650, 694, 740, 792, 798

HB 1330--Courts; Indictments Quashed Second Time; bar to prosecution;

repeal......................................................... 322, 329

HB 1333--Motor Vehicles and Traffic; Traffic Courts; cities of 300,000

or more; jurisdiction............................... 1030, 1032, 1384, 1468,

1567, 1634, 1855, 1999, 2207

HB 1334--Motor Vehicles and Traffic; Drivers' License; review

and correction of records ...................... 217, 223, 390, 440, 475, 505

HB 1335--Tort Actions; Nonprofit Associations; safety,

sports programs; liability ..................... 324, 329, 737, 787, 997, 1014

HB 1336--Water Wells Standards Act; Regulations, contractors; licenses;

attorney general duties .................. 1299, 1302, 1646, 1649, 1855, 1980

HB 1337--Driver's License; Habitual Violators; driving with

revoked license; penalty .................. 217, 223, 436, 472, 700, 793, 827

HB 1339--Homeless Persons; State Housing Trust Fund for the Homeless Act;

enact .................................. 1029, 1032, 1180, 1230, 1392, 1442

HB 1341--Long County; Board of Commissioners; recreate; districts;

terms ................................................ 184, 187, 332, 335

HB 1342--Public Officers and Employees; State Officials; compensation

of certain officials ................................. 1215, 1216, 1242, 1309,

1386, 1477, 1492, 1514, 1546

HB 1345--Banking and Finance; Financial Institutions; boards of

directors; meetings; schedule .............. 166, 173, 467, 515, 575, 656, 664

HB 1347--Alcoholic Beverages and Alcoholism; Stone Mountain Park;

alcoholic beverage sales ................ 454, 463, 942, 990, 1855, 1917, 2226

HB 1348--Kidney Dialysis Centers; task force; dialyzers;

reuse ................................... 322, 329, 1645, 1649, 1854, 1883,

1885, 1889, 1941, 1950, 2047, 2105, 2320, 2421

HB 1349--Commissions and Boards; Regulatory Agencies; certain health

related boards; continuation.......................... 323, 329, 1645, 1650,

2019, 2185, 2249, 2414

HB 1350--Local Government; Counties; medical examiner office in lieu

of coroner; procedure ................ 281, 285, 1310, 1386, 1477, 1489, 1641,

1668, 1728, 1768, 2228, 2306

HB 1351--Joint Municipal Employees Retirement System; Benefits;

revision; vested rights; delete provision .......... 455, 463, 737, 787, 952, 968

HB 1352--Public Accountants; Registration; reports; confidentiality;

sanctions; education .............. 324, 329, 648, 694, 1095, 1161, 2326, 2336

HB 1355--Child Abuse; Reports; contents; child-counseling, child

service personnel.......................... 730, 732, 1383, 1468, 1568, 1623

HB 1357--Counties; Civil Service or Merit Systems for Employees;

powers; defined ............................. 427, 431, 738, 788, 2018, 2084

HB 1359--Barrow County; Board of Commissioners; elections; districts;

composition; quorum .................................. 321, 330, 988, 992

HB 1361--Employment; Child Labor; hours; vacation months;

punishment; injunctions

1174, 1177, 1466, 1553, 1666, 1718

HB 1362--Coroner, Medical Examiner; definition; GBI Forensic

Sciences Division. .........................683, 687, 1645, 1650, 1855, 2003

HB 1363--Adoption; Special Needs Children; child-placing agencies;

payments. .............................. 1174, 1177, 1383, 1468, 2018, 2104

HB 1364--Amusement Ride Safety Act; Liability Insurance; cessation

of rides; exemptions; violations ....... 981, 984, 1478, 1646, 1650, 1855, 1925

2462

JOURNAL OF THE SENATE

HB 1365--State Government; State Authorities; certain named;

prohibited from property sales .................... 459, 463, 943, 990, 1095,

1125, 1189, 1241, 1257, 1382, 1392, 1463, 1501, 2376, 2422

HB 1366--Commerce and Trade; Commodity Merchants; regulate; contracts;

futures; precious metals.................... 506, 510, 1466, 1553, 1855, 1927

HB 1369--Compulsory School Attendance; change age ...... 837, 840

HB 1370--Fair Business Practices Act; Promotional Giveaway or Contests;

deceptive schemes; prizes ....... 836, 840, 1466, 1553, 1666, 1724, 2078, 2090

HB 1371--Children and Youth Commission; Create; powers; duties ........... 426, 431,

843, 947, 1044, 1063, 1640

HB 1377--Occupational Therapists; licensure; continue state board ........... 323, 329,

736, 788, 1241, 1264

HB 1378--Oconee County; Board of Commissioners; duties; chairman,

vice chairman; vacancies .................. 184, 187, 512, 517, 519, 528, 639

HB 1379--Oconee County; Board of Commissioners; compensation 184, 187, 512, 517

HB 1382--Professions and Businesses; Motor Vehicle Registration

Processors; bonds ........................... 684, 687, 944, 990, 1044, 1070

HB 1385--Abandoned Vehicles; Peace officer duties; unattended checks

1028,

1032, 1181, 1230, 1567, 1580

HB 1386--Probate Courts; Jurisdiction; determine residency; decedents

of nursing homes...................................... 641, 644, 942, 990

HB 1388--Cocaine; Controlled Substances; include Schedule II listing ...... 1219, 1224

HB 1391--Magistrate Courts; Fees; bad check citations; judgments

in civil claims ............................. 425, 431, 988, 1039, 1477, 1513

HB 1392--Magistrate Courts; Bad Checks; duties; form of notice ............. 457, 463,

988, 1039, 2018, 2153

HB 1394--Professions and Businesses; Firearms Dealers; records;

inspections; license sanctions .............. .779, 781, 1182, 1230, 1567, 1589

HB 1395--Contracts; State Properties Commission; professional services

980,

984, 1309, 1386, 1477, 1512, 1513, 1542, 2018, 2178

HB 1396--Appeals and Error; New Trial Motions; transcript filings;

time period .................................................... 425, 432

HB 1399--Family Violence; Relief Petitions; allegations;

probable cause .............................. 456, 463, 843, 947, 1189, 1213

HB 1400--Courts; Family Violence; domestic violence orders;

violations. .................................. 456, 464, 843, 947, 1318, 1366

HB 1401--Agriculture; Soil and Water Conservation Committee;

contracts; grants .............................. 427, 432, 650, 694, 792, 812

HB 1402--Code of Georgia; Soil and Water Conservation Commission;

correct certain references ...................... 427, 432, 650, 695, 792, 826

HB 1403--Vocational Education; Establish Technical and Adult

Education Department ............ 1173, 1177, 1550, 1557, 2018, 2108, 2417

HB 1404--Education; Amend Code, editorial revisions, corrections,

changes .......................... 1174, 1178, 1550, 1557, 2018, 2126, 2418

HB 1405--Fair Business Practices Act; Actions for Damages; orders;

procedures; appeals ....................... 457, 464, 1466, 1553, 1854, 1882

HB 1406--Family Violence; Protective Orders; enforcement; law

enforcement agencies ........................ 639, 644, 943, 990, 1477, 1519

HB 1407--Family Violence; Acts Between Certain Persons; redefine;

arrests; warrants ............................ 684, 687, 843, 947, 1392, 1404

HB 1409--License Plates; Staggered Tag Sales; Clayton County .............. 184, 187,

286, 289, 293, 323

HB 1410--Clayton County; Homestead Exemption; school district taxes;

referendum ....................................... 184, 188, 286, 290, 303

HB 1411--Health; Radiation Control; prohibited uses, sources;

user licenses ........................ 641, 644, 1086, 1182, 1477, 1540, 1640

INDEX

2463

HB 1413--Nonprofit Contractors; engaged business with state;

audits; reports ...................... 684, 688, 1383, 1468, 2017, 2045, 2227

HB 1414--State Commission on Compensation; members; compensation .......... 729,

732, 1035, 1089, 1318, 1363

HB 1415--Income Tax; Internal Revenue Code; incorporate federal

into Georgia law .................. 1030, 1033, 1180, 1231, 2017, 2042, 2227

HB 1416--Interest; Written Contracts; transactions of $250,000 or more ...... 835,

840, 986, 1039, 1318, 1367

HB 1417--Revenue and Taxation; Income Taxes; revise certain

provisions, requirements .................... 578, 637, 986, 1040, 1095, 1121

HB 1418--Income Tax; Fiduciaries; estimated tax; requirements

566, 568,

986, 1040, 1095, 1122

HB 1419--Income Tax; Wages Subject to Withholding; calculation

method ................................... 566, 568, 987, 1040, 1241, 1265

HB 1420--Local Government; Finances; annual report to Department of

Community Affairs .............. 836, 840, 988, 1040, 1189, 1201, 1292, 1340

HB 1421--Muscogee County; Tax Assessors Board for the

Consolidated Government...................... 216, 223, 572, 573, 574, 685

HB 1422--Education; Local Systems; recalculation of amount of funding;

FTE count ....................... 1174, 1178, 1550, 1557, 1855, 1977, 2224

HB 1425--Municipalities; Governing Authority Members; malpractice

in office; indictment ........................ 325, 330, 988, 1040, 1094, 1112

HB 1427--Coweta Judicial Circuit; Carroll County Superior Court;

change terms ......................... 322, 330, 571, 653, 1189, 1241, 1256

HB 1429--Courts; Sex Criminal Convictions; records; reports ................ 641, 644,

943, 990, 1189, 1241, 1253

HB 1431--Crimes and Offenses; Fraud; damage to property subject to

security interest; penalty............. 566, 568, 1647, 1650, 1854, 1891, 2224

HB 1434--Minors; Grandparent Visitation Rights; actions;

adoption orders ......................... 1175, 1178, 1383, 1468, 1567, 1584

HB 1435--Banking and Finance; Investment by Executors and Trustees;

"prudent person"; liability ............ 427, 432, 987, 1040, 1094, 1117, 1221

HB 1436--Firefighters; Obstructing or hindering performance;

penalties .............................. 640, 645, 844, 947, 997, 1044, 1058

HB 1437--Workers' Compensation; State Board powers; Corporate Officers'

exemption from coverage .................... 456, 464, 736, 788, 1189, 1191

HB 1438--Workers' Compensation; Appeals of State Board Decisions;

timeframe; superior court .......................... 1373, 1375, 1646, 1650,

2207, 2218, 2249, 2319

HB 1440--Game and Fish; Deer Hunting; antlerless or either-sex;

certain days, counties. ............ 507, 510, 690, 739, 1189, 1214, 1547, 1589

HB 1441--Game and Fish; Deer Hunting; season, bag limits; antlerless

or either-sex deer ....................... 507, 511, 650, 695, 793, 829, 1016,

1063, 1547, 1588, 1814, 1838

HB 1442--Municipalities; City Business Improvement Districts;

redefine "municipality" ........................ 455, 464, 738, 788, 952, 964

HB 1443--Education; School Buses; speed limits...... 324, 330, 571, 653, 701, 740, 760

HB 1444--Corporate Records; fees; funds to create state-wide computerized

network; superior court clerks ............ 325, 330, 737, 788, 851, 911, 2226

HB 1446--Game and Fish; Fishing; sport trotlines; one-half mile

below lock, dam ............................ 458, 464, 650, 695, 1477, 1519

HB 1449--Motor Vehicle Sales Finance Act; Lease Contracts; subleases;

consent ............................ 780, 781, 1035, 1089, 1189, 1208, 1297

HB 1450--Family Violence; Shelters and Programs; licensing;

victim assistance ............................ 565, 568, 843, 948, 1477, 1503

2464

JOURNAL OF THE SENATE

HB 1451--Real Estate; Brokers and Salespersons; licensee payments;

trust fund; Commission continued ......... ..................... 458, 464,

1466, 1554, 1667, 1823, 2225

HB 1454--State Board of Accountancy; extend to 1994

427,

432, 648, 695, 793, 831

HB 1455--Intangible Tax; stocks in institutions reorganized under

Southern Interstate Banking Law

793, 803, 1180, 1231, 1392, 1445

HB 1456--Medical Practice or Dentistry; licenses; contested cases;

stays ..................................... 730, 732, 1550, 1557, 1667, 1832

HB 1459--Tifton Judicial Circuit; Superior Court Judges; salary

supplement.......................... 427, 432, 571, 649, 690, 739, 792, 818

HB 1460--Game and Fish; Fishing; red drum, spotted sea trout;

minimum size limits

835, 840, 1086, 1183, 1391, 1393, 1640

HB 1463--Fire Protection and Safety; Special Fire Districts; limit county fees,

tax assessment......................... .......... ............ 779, 781

HB 1464--Ad Valorem Tax; Agricultural Property; preferential assessment;

transfers ................................. 638, 645, 1180, 1231, 1667, 1769

HB 1465--Tax Equalization Boards; Members; additional alternates; selection

from jury lists ...................... 507, 511, 738, 788, 851, 952, 959, 1030

HB 1466--Alston, Town of; corporate limits

281, 285, 391, 393

HB 1467--Driver's License; Suspension; revocation; habitual violators;

conviction reports; citations; ID cards

459, 464, 690, 739, 997, 1022

HB 1468--Highways, Public Roads; prohibit all-terrain vehicles for

off-road use

425, 433, 845, 948, 997, 1020, 1221

HB 1469--Public Safety; Speed Detection Devices; testing;

certified technicians

454, 465, 571, 653, 793, 831

HB 1470--All-terrain Vehicles for Off-Road Use; redefine motorcycle

425, 433,

845, 948, 997, 1667, 1745

HB 1471--Abandoned Vehicles and Parts; unidentifiable; disposition

454, 465,

571, 653, 740, 792, 800

HB 1472--Counties; Special Purpose County Sales and Use Tax;

repeal provision

779, 781, 1180, 1231, 1317, 1327, 1391, 1395,

1547, 1593, 1642, 1668, 2067, 2421

HB 1474--Sumter County; Public School System; merger; City of

Americus; referendum

424, 434, 512, 517

HB 1475--Handicapped Parking Law; persons to enforce; appointment;

powers ................................... 727, 733, 1036, 1089, 1189, 1205

HB 1476--Counties; Probation Systems; state-wide system membership;

conditions

1296, 1302, 1550, 1557, 1666, 1724

HB 1477--License Plates; Staggered Tag Sales;

Richmond County

281, 285, 1840, 1845

HB 1478--Richmond County; School District; ad valorem tax; homestead

exemption; referendum

281, 285, 1552, 1562

HB 1479--Courts; Jurors or Officers; unlawful to intimidate, impede,

injure; penalties

981, 984, 1182, 1231, 1567, 1602

HB 1481--Chatham County Officials; compensation; change

certain officials

281, 285, 1310, 1313, 1315, 1317, 1638

HB 1483--State Medical Education Board; executive director

639, 645,

1035, 1089, 2207, 2209

HB 1488--Community Education and Development Act; Grants to County

Boards of Education; enact

457, 465, 988, 1040, 1392, 1444

HB 1489--Insurance; Insurers; domicile changed to another state;

examinations

1174, 1178, 1384, 1468, 1667, 1813, 2226

HB 1490--Insurance; Licenses; fees; revocation; biennial renewals;

citizenship

565, 568, 1036, 1089, 1317, 1341, 1640

HB 1491--Teachers; Health Insurance Fund; checks and drafts;

time period

641, 645, 736, 788, 953, 974, 1298

INDEX

2465

HB 1492--Insurance; Health Care Plans; definitions, change

certain provisions ......................... 729, 733, 1036, 1090, 1241, 1267

HB 1493--State Employees; Health Insurance Plan; void checks or drafts;

discharge of debt ....................... 641, 645, 736, 788, 953, 975, 1298

HB 1494--Insurance; Insurers, Agencies; risks; statistical reports;

requirements ....................... 779, 781, 1840, 1842, 2018, 2086, 2229

HB 1495--Tort Actions; Alcoholic Beverages; persons who sell, serve,

furnish; liability ........................ 324, 330, 737, 789, 850, 855, 1015,

1025, 1222, 1247, 1721, 1728

HB 1496--Counties; Billiard Rooms; licenses; issuance.................. 425, 433, 738,

789, 1477, 1520, 1642, 2035

HB 1497--Telephones; Numbers with 976 prefixes; deceptive advertisement ....... 730,

733, 1309, 1386, 1567, 1599

HB 1499--Municipalities; Housing Authorities; cooperation; urban residential

finance authorities ...................... 1004, 1009, 1228, 1311, 1477, 1493

HB 1501--Urban Residential Finance Authorities; For Large Municipalities;

definitions; members; powers; audits

981, 985, 1228, 1311, 1477, 1494

HB 1502--Downtown Development Authorities; Contracts; urban residential

finance authority.......................... 981, 985, 1228, 1311, 1477, 1497

HB 1503--Engineers and Land Surveyors; State Board of Registration;

membership extend to 1994 .................... 428, 433, 648, 695, 793, 826

HB 1504--Gwinnett County; Homestead Exemption; school district taxes;

referendum ......................... 321, 331, 1229, 1235, 1236, 1240, 1380

HB 1505--Gwinnett County; Homestead Exemption; other than school

district taxes; referendum ............ 321, 331, 1229, 1235, 1237, 1240, 1357,

1367, 1381, 1441, 2076, 2227

HB 1509--Adoption; Uniform Child Custody Jurisdiction Act; definitions,

foreign adoptions ......................... 684, 688, 1086, 1183, 1241, 1272

HB 1510--Marietta, City of; Downtown Development Authority;

pigeon control program ................................ 321, 331, 785, 791

HB 1511--Fulton County; Homestead Exemption; referendum

...

425, 433,

988, 992, 994, 996, 1081

HB 1512--Joint Municipal Employees Benefit System; Contracts

with Municipal Gas Authority;

membership of employees ...................... 458, 465, 737, 789, 952, 973

HB 1513--MARTA; Transportation Service Contracts; conditions;

financing; tax ....................................... 981, 985, 1087, 1092

HB 1518--Pesticides and Pest Control; Contamination; agricultural uses;

liability of farmers; proof .......... 458, 465, 569, 736, 789, 1044, 1068, 1297

HB 1519--Insurance; Liability; state-owned motor vehicles;

nonprofit agencies..................... 565, 569, 844, 948, 1189, 1203, 1381

HB 1523--Public Safety Department; Uniform Division;

process servers........................ 685, 688, 844, 948, 1189, 1241, 1252

HB 1526--Van Wert, Town of; incorporation act; repeal

385, 388, 1840, 1845

HB 1527--Health Insurance; Coverage for adopted children;

effective date ....................... 779, 781, 1384, 1468, 1666, 1668, 2226

HB 1528--Anatomical Gifts; organ donor cards; witness signatures .............. 1174,

1178, 1384, 1469, 1567, 1597

HB 1529--Criminal Procedure; Capitol Felony Prosecutions; costs to counties;

reimbursement. ................... 1296, 1302, 1478, 1646, 1650, 2207, 2216

HB 1530--Sheriffs; Fees for Services; dispossessory process;

bad check citations.................... 459, 465, 690, 739, 1477, 1507, 1640

HB 1531--Counties; Grand Jury Investigations; persons who hinder,

obstruct sheriffs ............................ 459, 465, 784, 845, 2019, 2185

HB 1532--Chatham County; Board of Commissioners; meetings; agenda;

budget requests ....................................... 385, 388, 690, 697

2466

JOURNAL OF THE SENATE

HB 1533--Chatham County; Ad Valorem Tax; determination of

millage rates.................................. 385, 389, 690, 697, 700, 837

HB 1535--Property; Leases by State Authorities; approval of fiscal affairs

subcommittee required .................... 729, 733, 1466, 1554, 1855, 1897

HB 1536--Contracts; Commitments to Lend Money; written agreements .......... 684,

688, 987, 1040, 1095, 1119

HB 1538--Tort Actions; Civil Actions; willful damage or theft of

personal property ................... 684, 688, 1551, 1557, 1855, 1913, 2224

HB 1539--Education; Professional Development Programs; stipends;

staff development plans. ............. 730, 733, 1550, 1557, 2018, 2100, 2417

HB 1540--Waycross Judicial Circuit; Superior Court; terms .................. 730, 733,

943, 991, 1567, 1603

HB 1543--Ground Water; Permits for Withdrawal; farm uses;

water shortage priorities ................... 565, 569, 1036, 1090, 2018, 2138

HB 1545--Courts; Auditor and Special Masters; costs; fees;

assessment ......................................... 457, 466, 1181, 1231,

1318, 1363, 1544

HB 1546--Human Resources; Foster Parents and Children; liability

insurance coverage .................. 835, 840, 1036, 1090, 1189, 1241, 1251

HB 1548--Transportation; Trucks; weight, dimension limits; loads,

special permits, securing ...................................... 1372, 1375

HB 1549--Tort Actions; Immunity from liability, medical, dental and

nursing students ......................... 936, 938, 1646, 1650, 1855, 1972,

2077, 2146, 2248, 2297

HB 1550--Contracts; Counties, Municipalities; multiyear lease, purchases;

to locate new industry ............... 837, 840, 1228, 1311, 1477, 1498, 1640

HB 1551--Mitchell County; State Court; judge and solicitor,

compensation ......................................... 424, 434, 651, 655

HB 1552--Mitchell County; Board of Commissioners; elections;

districts; terms........................................ 683, 689, 785, 791

HB 1554--Hotels and Motels; extend excise tax levy in certain county

and municipality; domed stadium. .................. 1317, 1375, 1550, 1557,

1855, 1958, 2226

HB 1555--Rockdale County; Board of Education; members; compensation;

expenses ............................... 424, 435, 944, 950, 951, 952, 1030

HB 1556--Rockdale County; Homestead Exemption; county, school

district taxes; referendum .............................. 425, 435, 651, 655

HB 1557--Probate Courts; Guardianship Over Property; filing; county

where located ..................... 1298, 1302, 1551, 1558, 2018, 2139, 2417

HB 1558--Agriculture; Farm Wineries; Sunday wine sales on premises ............ 506,

511, 942, 991, 1044, 1058

HB 1559--Architects, State Board; continue to 1994 . . . . . 457, 466, 844, 948, 1241, 1258

HB 1560--Monroe County; Board of Commissioners; members; terms;

referendum ................................................ 399, 437, 442

HB 1561--Crimes and Offenses; Theft; conversion of leased personal

property; penalty limits....................................... 1340, 1375

HB 1563--Natural Resources; Hazardous Waste Management; board; powers;

duties; regulations................. 1079, 1083, 1309, 1386, 1477, 1522, 1641

HB 1565--Fair Business Practices Act; Multilevel Distribution Companies;

regulation; prohibitions

1080, 1083, 1466, 1554, 1667, 1749, 2006

HB 1566--Banking and Finance; Security Investment Advisers; financial

planners; regulate ................. 1081, 1083, 1550, 1558, 1667, 1770, 2226

HB 1567--Local Government; Counties; public works contracts; bids;

certain population ...................... 1297, 1303, 1552, 1560, 1855, 1928

HB 1569--Redevelopment Powers Law; Byron, City of; grant

redevelopment powers ................................. 454, 466, 572, 573

INDEX

2467

HB 1570--Motor Vehicles and Traffic; Driver's Licenses; suspended for no insurance; restricted permits ........................... 729, 733, 1310, 1387, 1567, 1581, 1942, 1952
HB 1571--Corporations, Partnerships and Associations; Takeovers; interested shareholders; restrictions; voting shares ........... 639, 645, 1181, 1231, 1318, 1349, 1544
HB 1573--Rabun County; School Taxes; collection; tax commissioner 454, 466, 572, 573 HB 1574--Rabun County; Coroner; change compensation ........... 454, 467, 572, 573 HB 1576--Fire Protection and Safety; Liquid Propane Gas Pressure Vessels;
inspections; exemption..................... 729, 734, 1466, 1554, 1855, 1971 HB 1577--Crimes and Offenses; Influencing Witnesses; threats;
administrative proceedings ................. 683, 688, 1181, 1232, 1318, 1369 HB 1580--MARTA; Contracts; landscaping, maintenance;
purchases; bids .................................................... 535 HB 1584--DeKalb County State Court; judges; compensation . . . . . 683, 689, 1087, 1092 HB 1585--DeKalb County State Court; deputy clerks;
appointment........................................ 683, 689, 1087, 1093 HB 1589--Corporations, Partnerships and Associations; Corporations;
insurable interest; directors, officers, employees ................... 639, 645, 1384, 1469, 1567, 1606
HB 1590--Minors; Life Insurance; benefits on lives of children; fraternal societies ......................... 980, 985, 1384, 1469, 1667, 1772
HB 1594--Local Government; Counties; abandoned cemeteries; preservation, protection .............................. 1080, 1083, 1228, 1311, 1392, 1402
HB 1595--Harris County; Board of Commissioners; compensation 506, 511, 651, 655 HB 1596--Boats; Numbering; personal flotation devices; muffle devices;
noise tests................................ 935, 939, 1036, 1090, 1189, 1207 HB 1597--Natural Resources; Hunting, Fishing; honorary licenses;
nonresident fees; reciprocity; quail, fox, bear hunting provisions; wild animal insurers................. 935, 939, 1086, 1183, 1241, 1262, 1382,
1441, 1463, 1479, 1609, 1643 HB 1598--Health Care Facilities, Hospitals; Patient's Health Records;
prohibit destroy, alter, falsify .............. 729, 734, 1181, 1232, 1477, 1517 HB 1602--Habersham County; Magistrate Court; probate judge serve
as chief; terms; vacancies .............................. 506, 511, 944, 951 HB 1605--Consumer's Utility Counsel; Administrator, Personnel;
Consumer Advisory Board; repeal 1991................... 1299, 1303, 1551, 1558, 2018, 2153, 2249, 2305
HB 1609--Clarke County; Classic Center Authority for Clarke County; creation ................................................... 486, 572, 574
HB 1611--Natural Resources; Fishing in Ogeechee River; shad or creel possession limits .................. 1079, 1083, 1646, 1650, 2018, 2095, 2417
HB 1612--Wills, Trusts, and Administration of Estates; Born Out of Wedlock; replace certain words in Code .................. 1080, 1083, 1384, 1469, 1855, 1925
HB 1615--Courts; Evidence; property seized by law enforcement agency; disposition ........................................... 1372, 1375
HB 1616--Cobb County-Marietta Water Authority; hydroelectric facilities............................................ 933, 941, 1182, 1184
HB 1617--Gwinnett County; School District; homestead exemption; elderly, disabled; referendum ................ 565, 569, 1840, 1845, 1848, 1854, 2007
HB 1618--State Government; Cooperative Education Service Agencies; redefine ................................ 1028, 1033, 1181, 1232, 1855, 1976
HB 1619--Psychologists; License to Practice; experience requirements ............ 729, 734, 1228, 1311, 2018, 2165
HB 1622--Teachers; Health Insurance Fund; employer contributions; share .................................... 936, 939, 1035, 1090, 1241, 1268

2468

JOURNAL OF THE SENATE

HB 1623--State Employees; Health Insurance; employer contributions;

discharged employees................ 935, 939, 1035, 1090, 1241, 1269, 1380

HB 1625--Cobb County; Children and Youth Commission; creation;

powers and duties............................ 506, 511, 845, 847, 849, 1030

HB 1626--Authorities; State Properties Commission; acquisition services;

other agencies ............................ 935, 939, 1309, 1387, 1567, 1603

HB 1627--Criminal Procedure; Witnesses; felony cases; prisoners under

death sentence; delivery ................. 1299, 1303, 1552, 1558, 2017, 2065

HB 1629--Transportation; Rail Vehicles; hijacking; weapons; explosives;

penalties ............................... 1299, 1303, 1551, 1558, 2018, 2148

HB 1631--Corporations, Partnerships and Associations; Annual Reports;

failure to file; penalties; nonprofit corporations......... 779, 782, 1181, 1232,

1318, 1368, 1545

HB 1633--Superior Courts; Cobb Judicial Circuit; district attorneys;

investigators; supplement ...................... 638, 646, 1229, 1235, 1238,

1240, 1264, 1380

HB 1634--Ad Valorem Tax; Atlanta Urban Enterprise Zone Act;

enact; exemptions ................... 933, 941, 1648, 1653, 1655, 1665, 2006

HB 1635--Superior Courts; Clerks; fees; family violence petitions;

money judgments ......................... 779, 782, 1181, 1232, 1567, 1607

HB 1636--Controlled Substances; Dangerous Drugs;

change listings ................................................. 729, 734

HB 1637--Augusta-Richmond County; joint governing

authority, referendum ............................. 1924, 1927, 2229, 2231

HB 1638--State Employees; Deferred Compensation Plans; definition;

state authorities .......................... 981, 985, 1466, 1554, 1666, 1728

HB 1639--Piedmont Judicial Circuit; terms; Jackson County................. 835, 841,

987, 1041, 1094, 1110

HB 1641--Insurance; Motor Vehicle; leased, rental vehicles; collision

damage waivers ................................... 1028, 1033, 1839, 1842

HB 1646--DeKalb County; Homestead Exemption; school tax,

disabled, elderly .............................. 638, 646, 1648, 1653, 1661,

1665, 2249, 2293

HB 1647--Natural Resources; Game and Fish Misdemeanor Cases;

Probate Court jurisdiction

............ 1297, 1303, 1646, 1651,

2018, 2149, 2417

HB 1650--Magistrate Courts; Unfit Buildings; health hazards; complaints;

nuisance abatement ................. 935, 939, 1551, 1558, 1667, 1733, 2225

HB 1651--Morgan County; Magistrate Court; law library fees

683, 689, 944, 950

HB 1652--Dacula, City of; Homestead Exemption ................. 728, 735, 988, 993

HB 1653--Lawrenceville, City of; Homestead Exemption; referendum 728, 735, 988, 993

HB 1654--Barrow County; Homestead Exemption; school tax;

elderly; referendum ................................... 728, 735, 988, 993

HB 1657--Counties; Business Licenses; taxes and fees;

assessment criteria ................................ 1080, 1083, 1550, 1558,

1667, 1808, 2227

HB 1658--Marietta; City of; Cemetery Tax; additional millage;

condemnation proceedings ........................... 728, 734, 1037, 1042

HB 1659--Cherokee County; Homestead Exemption; school tax;

referendum ......................................... 728, 735, 1182, 1184

HB 1660--Criminal Procedure; Motor Vehicle Offenses; DUI judgments,

sentences; failure to stop

1081, 1084, 1384, 1469, 1855, 1954, 2151, 2243

HB 1662--Colleges and Universities; Hazing; clubs, fraternities, sororities;

prohibit; penalty ........................ 1080, 1084, 1181, 1232, 1568, 1619

HB 1663--Jefferson County; Board of Education; elections.............. 728, 734, 2229

HB 1664--Jefferson County; Board of Commissioners; expense allowance .......... 728,

734, 1648, 1654

INDEX

2469

HB 1665--Trucks; Pulpwood or Logs; securing loads while transporting ....... 836, 841

HB 1666--Athens, City of; Municipal Redevelopment Powers ....... 727, 735, 845, 847

HB 1670--Stone Mountain Judicial Circuit; Superior Court; additional judge,

court reporter ............................. 836, 841, 987, 1041, 1567, 1587

HB 1671--Revenue and Taxation; Premium Insurance Tax; liability of

insurers; assessments ................ 936, 940, 1384, 1469, 1567, 1568, 1837

HB 1672--Wilcox County; Board of Commissioners; elections; districts;

vacancies ............................................. 728, 735, 944, 950

HB 1674--Counties; Tax Executions; notice of sale; redemption period

.... 981,

985, 1384, 1469, 1567, 1600, 1837

HB 1675--Local Government; Counties; county surveyors;

qualifications ................................ 779, 782, 844, 948, 997, 1023

HB 1676--Long County; Board of Education; elections; districts

777, 782, 944, 950

HB 1677--Pataula Judicial Circuit; Assistant District Attorney;

serve as solicitor of State Court ........................ 834, 841, 988, 993

HB 1678--Transportation Department; lease of property not needed

for public roads......................... 1299, 1303, 1647, 1651, 1855, 1958

HB 1680--Paulding County; Board of Commissioners;

compensation ......................................... 777, 782, 944, 950

HB 1682--Upson County; Homestead Exemption; school district;

disabled; referendum .................................. 777, 783, 845, 847

HB 1683--Upson County; Homestead Exemption; county taxes;

disabled; referendum .................................. 778, 783, 845, 847

HB 1684--Pike County; Homestead Exemption; school tax;

elderly; referendum ................................... 778, 783, 944, 950

HB 1685--Upson County; Homestead Exemption; school district;

elderly; referendum ................................... 778, 784, 845, 847

HB 1686--Emerson, City of; new charter; boundaries; powers . . . . . 777, 782, 1648, 1654

HB 1687--Cobb County; Director of Juvenile Court Services; appointment;

compensation ....................................... 777, 782, 1182, 1184

HB 1688--Lenox Park Community Improvement District;

Create; DeKalb County .............................. 777, 783, 1087, 1093

HB 1689--Corrections Department; additional confinement facilities;

notify General Assembly ................. 1373, 1375, 1550, 1559, 2018, 2088

HB 1691--World Congress Center; Domed Stadium; powers; bonds;

contracts; land; leases .................. 1297, 1303, 1466, 1554, 1855, 1981,

1995, 2003, 2018, 2093, 2418

HB 1692--Education; School Bus Drivers; increase minimum salary ............. 1220,

1224, 1550, 1559, 1667, 1814

HB 1694--Natural Resources; Deer Hunting; reports to General

Assembly number killed ................. 1030, 1033, 1309, 1387, 2207, 2215

HB 1695--Berrien County; Homestead Exemption; school district;

elderly; referendum ................................... 778, 784, 944, 950

HB 1697--Wilkes County; Coroner; change salary .................. 778, 783, 988, 993

HB 1698--Emanuel County; Board of Education; members,

compensation ....................................... 777, 783, 1229, 1235

HB 1700--Automobile Racing Events; Security; Public Safety Department,

Uniform Division ....................... 1080, 1084, 1182, 1232, 1318, 1365

HB 1701--Marriage and Family Therapists; licenses; qualifications;

law degree ....................... 1221, 1224, 1647, 1651, 2017, 2027, 2423

HB 1703--Douglasville-Douglas County Water, Sewer Authority; members;

expense allowances; residency; benefits 834, 841, 1182, 1185, 1186, 1189, 1298

HB 1705--Cobb County; Civil Service System; classified and

unclassified positions ................................ 834, 842, 1182, 1185

HB 1706--Cobb County; Tax Commissioner; executive secretary;

compensation ....................................... 834, 842, 1182, 1185

2470

JOURNAL OF THE SENATE

HB 1707--Coroners; Training; reimbursement for expenses by

counties ............................ 935, 940, 1182, 1232, 1318, 1361, 1545

HB 1708--Mansfield, City of; new charter ....................... 980, 986, 1466, 1472

HB 1709--Ben Hill County; Public School System; merger with

Fitzgerald City schools ................................ 834, 842, 988, 993

HB 1710--Worth County; State Court; judge; change salary......... 834, 842, 988, 993

HB 1711--Houston County; School Superintendent; appointment;

referendum ......................... 933, 941, 1182, 1185, 1187, 1189, 1380

HB 1712--License Plates; Staggered Tag Sales; Houston County 933, 941, 1037, 1042

HB 1713--Montgomery County; Magistrate Court; chief magistrate;

appointment.......................................... 834, 842, 988, 994

HB 1714--Teachers; Certification; application fees .................. 1372, 1376, 1550,

1559, 2019, 2179, 2418

HB 1717--Corrections; Probationers; transfer of supervision; judicial

circuit resides................................................ 1372, 1376

HB 1718--Emanuel County; Board of Elections; additional member;

designation of chairman ............................. 835, 842, 1310, 1314

HB 1719--Banks County; Board of Commissioners; terms;

elections ........................................... 933, 941, 1037, 1043

HB 1720--Henry County; Magistrate Court; officers; elections

and qualifications ................................... 933, 941, 1037, 1043

HB 1721--DeKalb County; Homestead Exemption; elderly;

referendum ......................... 934, 940, 1648, 1654, 1663, 1665, 2006

HB 1722--Villa Rica, City of; corporate limits ................... 980, 986, 1182, 1185

HB 1723--Jenkins County; State Court; change terms ............ 934, 941, 1037, 1043

HB 1724--Athletics; Authorized Ticket Agents; service charges;

increase ...................................... 978, 1228, 1311, 1391, 1393

HB 1725--Effingham County; Board of Commissioners; members;

increase compensation ............................... 934, 941, 1037, 1043

HB 1726--Dougherty County; Magistrate Court; chief designated

by state court judge ................................. 934, 942, 1037, 1043

HB 1729--Motor Vehicles and Traffic; License Plates; new motor

vehicle dealers; registration ........................ 1296, 1304, 2009, 2010

HB 1731--Sentencing for Crimes and Offenses; Rules for Sentence

Review Panel; Supreme, Appeals Court reports

1080, 1084, 1384,

1469, 2207, 2215

HB 1732--Indigent Persons; Interment; funds paid by

counties ................................ 1080, 1084, 1384, 1470, 2018, 2157

HB 1734--DeKalb County; Magistrate Court; chief magistrate;

compensation ....................................... 980, 986, 1087, 1093

HB 1735--Walnut Grove-Youth Water Authority; Rename as Walton County

Water and Sewerage Authority; powers................ 980, 986, 1087, 1093

HB 1736--Port Wentworth, City of; Mayor and Councilmen;

elections; terms ................................... 1078, 1085, 1552, 1562

HB 1737--Dalton, City of; Easement of Air Space; grant to Hamilton

Medical Center for walkway ....................... 1027, 1034, 1182, 1185

HB 1739--License Plates; Staggered Tag Sales; Habersham County.............. 1027,

1034, 1182, 1185

HB 1741--Culloden City Council; election districts ............. 1027, 1034, 1087, 1093

HB 1742--License Plates; Staggered Tag Sales; Bartow County 1027, 1034, 1466, 1472

HB 1743--Peace Officers; Emergency Vehicles; colored lights;

permit exemptions .......................... 1340, 1376, 1551, 1559, 1854,

1890, 2017, 2066, 2227

HB 1744--Crawford County; Homestead Exemption; school tax;

elderly; referendum ............................... 1218, 1226, 1310, 1314

HB 1745--Bibb County; Board of Commissioners; recall procedures ............. 1027,

1034, 1182, 1186

INDEX

2471

HB 1746--Peach County; Homestead Exemption; school tax; referendum..............

.................................... 1027, 1034, 1182, 1186

HB 1747--Insurance; Insurers; determination of financial condition;

good will ............................... 1028, 1033, 1384, 1470, 1567, 1608

HB 1748--Health Care Facilities, Hospitals; Long-Term Care Insurance

Act; enact ........................ 1031, 1033, 1840, 1842, 2017, 2036, 2225

HB 1749--Springfield, City of; Corporate Limits; extend, referendum ............ 1078,

1085, 1310, 1314

HB 1751--Dalton, City of; Property Conveyance; fire station tract

to Whitfield County ............................... 1078, 1085, 1229, 1235

HB 1752--Insurance; Minors; employer coverage; lawn

maintenance work................. 1221, 1224, 1645, 1651, 2018, 2154, 2420

HB 1757--Burke County; State Court; judge and solicitor;

compensation ..................................... 1078, 1085, 1310, 1314

HB 1758--Bulloch County; Probate Court; clerk; part-time

employees; compensation .......................... 1079, 1085, 1310, 1314

HB 1759--Bulloch County; Superior Court; employees of clerk;

compensation ..................................... 1079, 1085, 1310, 1314

HB 1760--Bulloch County; Sheriff; deputies and clerk;

compensation ..................................... 1079, 1085, 1310, 1314

HB 1761--Bulloch County; Tax Commissioner and Assistants;

compensation ..................................... 1079, 1085, 1310, 1314

HB 1762--Gwinnett County; Board of Education; compensation

of members ...................................... 1079, 1086, 1840, 1845

HB 1766--Turner County; Board of Education;

monthly meetings ................................. 1172, 1179, 1385, 1390

HB 1767--Sugar Hill, City of; corporate limits; boundary maps 1079, 1086, 1840, 1845

HB 1768--Transportation; Relocation Assistance; uniform policy;

federal-aid road projects ................. 1215, 1216, 1310, 1387, 1477, 1481

HB 1769--Transportation; State Tollway Authority; powers; rights

of way for tollway project, conveyance by county or municipality;

contracts ............................... 1215, 1216, 1310, 1387, 1477, 1482

HB 1771--Cobb County; State Court; solicitor and assistants;

compensation ..................................... 1079, 1086, 1552, 1562

HB 1775--Catoosa County; Board of Commissioners; creation . 1172, 1179, 1385, 1390

HB 1778--Kennesaw, City of; Mayor, Councilmen; compensation 1542, 1549, 1840, 1845

HB 1779--Retirement and Pensions; Technical and Adult Education

Department; agency name changed

1219, 1225, 1384, 1470, 1568, 1620

HB 1780--Fulton County; Library Board of Trustees; membership ......... 1338, 1376,

2009, 2013, 2017

HB 1781--Contracts; Transportation Department; bidders; site exams

of proposed work ................. 1219, 1225, 1647, 1651, 1855, 1950, 2420

HB 1782--Alpharetta, City of; Municipal Court Judge;

change qualifications .............................. 1172, 1179, 1310, 1314

HB 1783--Douglas, City of; homestead exemption; elderly;

referendum ....................................... 1173, 1179, 1385, 1390

HB 1784--Gainesville, City of; Chicopee Woods Area

Park Commission Act; name changed;

membership; purposes ............................. 1172, 1179, 1385, 1390

HB 1785--Schools; Lunch Programs; ad valorem taxes;

municipal development authority funds ............. 1340, 1376, 1839, 1842,

2018, 2094, 2229, 2296, 2327,

2328, 2370, 2377, 2378, 2421

HB 1787--Atlanta, City of; Urban Enterprise Zones; requirements

for residential zones; repeal ................................... 1339, 1376

HB 1788--Barnesville City Council; voting, quorum; mayor,

election provisions ................................ 1173, 1179, 1310, 1315

2472

JOURNAL OF THE SENATE

HB 1789--Catoosa County; Probate Court; increase clerical allowance

1173,

1179, 1385, 1390

HB 1791--Columbia County; Board of Commissioners; chairman

and members; salaries; powers...................... 1173, 1180, 1552, 1562,

1564, 1566, 1837

HB 1792--Columbia County; Homestead Exemption; elderly residents;

referendum ....................................... 1173, 1180, 1310, 1315

HB 1793--Columbia County; Tax Commissioner; change compensation

1173,

1180, 1229, 1235

HB 1794--Natural Resources; Oysters and Clams; time and

places for taking .................................. 1374, 1376, 1646, 1651,

2018, 2085, 2225

HB 1795--Gwinnett County; Medical Examiner; powers and duties;

abolish office of coroner ........................... 1292, 1304, 2229, 2231

HB 1796--Bulloch County; Board of Commissioners; chairman,

members; compensation............................ 1173, 1180, 1310, 1315

HB 1797--Sheriffs; Retirees; honorary office of sheriff emeritus;

create .................................. 1219, 1225, 1551, 1559, 1667, 1811

HB 1799--Henry County; Board of Commissioners; chairman as

chief executive officer ............................. 1217, 1226, 1466, 1472,

1476, 1477, 1640

HB 1800--Comer, City of; Councilpersons; elections; districts

1217, 1226,

1466, 1476, 1477, 1638

HB 1801--Cherokee and Forsyth Counties; State Court judge,

solicitor, clerk; qualifications; compensation

1217, 1226, 1552, 1562

HB 1802--General Assembly; Introduction of Bills; fiscal impact

information required .............................. 1219, 1225, 1840, 1842

HB 1803--Upson County-Thomaston Airport Authority Act; create

1217,

1226. 1310, 1315

HB 1805--Candler County; State Court; solicitor's secretary;

compensation ..................................... 1217, 1227, 1385, 1390

HB 1806--Animals; Livestock Running at Large or Straying;

impoundment fees ...................... 1220, 1225, 1383, 1470, 1567, 1618

HB 1807--License Plates; Staggered Tag Sales;

Rockdale County.................................. 1217, 1227, 1466, 1472

HB 1808--Marietta, City of; Homestead Exemption; increase;

referendum .................................................. 1218, 1227

HB 1809--License Plates; Staggered Tag Sales; Marion County 1218, 1227, 1385, 1390

HB 1810--Butler, City of; New Charter; incorporation;

boundaries; powers

1218, 1227, 1385, 1390

HB 1811--Forest Park, City of; New Charter; powers

and duties......................... .............. 1292, 1304, 1552, 1563

HB 1812--Jonesboro, City of; Mayor, Councilmen; filling of vacancies

1218,

1227. 1466, 1472

HB 1814--Riverdale, City of; Homestead Exemption; elderly;

referendum ....................................... 1218, 1227, 1466, 1472

HB 1815--Gwinnett County; Board of Commissioners; recreate board;

county manager ................................... 1218, 1228, 2009, 2011,

2014, 2017, 2226

HB 1816--Snellville, City of; Corporate Limits; change ......... 1218, 1228, 1840, 1846

HB 1818--Folkston, City of; Municipal Court; jurisdiction,

powers, authority ................................. 1293, 1305, 1466, 1472

HB 1819--Crawford County; Board of Education; location of meetings

1339,

1377, 1466, 1472

HB 1820--Crawford County; Probate Court; jurisdiction;

prosecuting attorney; procedures................... 1339, 1377, 1466, 1472

INDEX

2473

HB 1821--Rome, City of; Board of Education; additional member;

election, terms .................................... 1339, 1377, 1466, 1473

HB 1822--Madison County; Board of Commissioners; election,

terms, voting procedures ........................... 1293, 1305, 1385, 1391

HB 1823--Madison County; Board of Education; election from

education districts; terms

1293, 1305, 1385, 1391

HB 1824--Wilkes County; Tax Commissioner; change compensation

1293,

1305. 1466, 1473

HB 1826--Cherokee County; Water and Sewerage Authority;

members; compensation; revenue bonds

1293, 1305, 1552, 1563

HB 1827--Walton County; Homestead Exemption; school tax;

elderly; referendum ............................... 1293, 1305, 1466, 1473

HB 1828--Coweta County; Homestead Exemption; school tax;

elderly; referendum ............................... 1293, 1305, 1466, 1473

HB 1829--Walton County; Homestead Exemption; school tax;

disabled; referendum

1293, 1305, 1466, 1473

HB 1830--License Plates; Staggered Tag Sales; Walton County 1293, 1306, 1466, 1473

HB 1831--Kingsland, City of; Corporate Limits; change

1460, 1464, 1648, 1654

HB 1832--Berrien County; Magistrate Court; chief magistrate; salary

1293,

1306. 1466, 1473

HB 1833--Jackson County; State Court; judge, solicitor; private

law practice prohibited

1294, 1306, 1840, 1846, 1849, 1854, 2006

HB 1834--Irwinton, City of; New Charter

1294, 1306, 1466, 1473

HB 1835--Gordon, City of; New Charter

1294, 1306, 1466, 1473

HB 1836--Catoosa County; Board of Utilities Commissioners;

method of selection ............................... 1339, 1377, 1552, 1563

HB 1837--Butts County; Board of Commissioners; powers,

duties; county manager

1294, 1306, 1552, 1563

HB 1838--Centerville, City of; Corporate Limits; define

1294, 1306, 1466, 1474

HB 1841--Cobb County; State Court; costs, change certain provisions

1294,

1306, 1552, 1563

HB 1842--DeKalb County; Governing Authority; chief executive

voting; merit system provisions

1294, 1306, 1466, 1475

HB 1844--Newton County; Board of Education; members,

chairman; compensation

1294, 1307, 1466, 1474

HB 1845--Pelham, City of; Public School System and Board of

Education; continue

1339, 1377, 1466, 1474

HB 1846--Medical Practice; Physicians, Osteopaths, Orthotists;

conditions for licensure

1340, 1377, 2009, 2010

HB 1847--Johnson County; Magistrate Court; chief magistrate;

selection ......................................... 1294, 1307, 1466, 1474

HB 1848--Underground Atlanta; Alcoholic Beverages; Sunday sales;

special entertainment districts

1372, 1377, 1550, 1560,

2017, 2040, 2041

HB 1849--Atlanta Market for Georgia Farm Products Authority Act;

enact ... ...................... 1339, 1377, 2009, 2013, 2014, 2017, 2227

HB 1850--Scotland, City of; New Charter; corporate powers and limits

1294,

1307, 1552, 1563

HB 1851--Underground Gas Storage Tank Act; enact

1373, 1378,

1646, 1651, 1855, 1895

HB 1852--Albany, City of; Homestead Exemption; elderly

1294, 1307, 1466, 1474

HB 1853--Dougherty County; County Administrator; contracts,

purchasing authority

1295, 1307, 1466, 1474

HB 1855--Bulloch County; Coroner; change compensation

1295, 1307, 1466, 1474

HB 1856--Bulloch County; State Court; judge, solicitor; change compensation

1295, 1307, 1466, 1474

2474

JOURNAL OF THE SENATE

HB 1857--Manchester, City of; Board of Commissioners; members

elected from districts .............................. 1295, 1307, 1466, 1474

HB 1858--Clayton County; Coroner; compensation

1295, 1307, 1552, 1563

HB 1859--Clayton County; Superior Court; clerk,

deputy clerk, sheriff; compensation ................. 1295, 1308, 1466, 1474

HB 1860--Clayton County; Probate Court; judge;

change compensation .............................. 1295, 1308, 1466, 1475

HB 1861--Clayton County; School Superintendent; appointment;

referendum ....................................... 1295, 1308, 1466, 1475

HB 1862--Clayton Judicial Circuit; Court Reporters;

compensation ..................................... 1295, 1308, 1466, 1475

HB 1863--Clayton County; Tax Commissioner and Deputy;

compensation ..................................... 1295, 1308, 1466, 1475

HB 1864--Clayton County; State Court; judge, solicitor,

deputy clerk; compensation ........................ 1296, 1308, 1466, 1475

HB 1865--Henry County; Homestead Exemption; school tax;

elderly ........................................... 1296, 1308, 1466, 1475

HB 1866--Fayetteville, City of; Corporate Limits; change;

deannex certain property .................... 1339, 1378, 1648, 1654, 1719,

1834, 1847, 1850, 1854, 2006

HB 1867--Tifton-Tift County Airport Authority; new name

1339, 1378, 1466, 1475

HB 1872--General Assembly; Population Bills; redefine; prohibited

classification devices. ................... 1373, 1378, 1647, 1651, 1855, 1922,

2009, 2207, 2212, 2297, 2307

HB 1873--Madison County; Board of Commissioners; compensation;

meetings; county attorney.................... 1339, 1378, 1552, 1563, 1565,

1566, 1727, 1866, 1924, 1943

HB 1874--Cobb County; State Court; clerk and deputy clerk;

change compensation .............................. 1339, 1378, 1552, 1563

HB 1879--Waycross, City of; Mayor; elections; terms;

qualifications; powers .............................. 1636, 1644, 1840, 1846

HB 1880--Talmo, Town of; Reincorporate; boundaries and powers .............. 1460,

1464, 1648, 1654

HB 1881--Carroll County; Magistrate Court; chief magistrate;

qualifications ................................................ 1460, 1464

HB 1882--Mt. Zion, City of; Corporate Limits ................. 1460, 1465, 2009, 2012

HB 1883--Dougherty County; Probate Court; judge's salary . 1460, 1465, 1840, 1846

HB 1884--Chattooga County; State Court; judge, solicitor;

change compensation .............................. 1460, 1465, 1648, 1654

HB 1885--Cobb County; State Court; judges; change compensation

1460, 1465,

1648, 1654, 1665, 1666, 2007

HB 1886--Cobb County; Juvenile Court; judge; compensation 1461, 1465, 1552, 1564

HB 1887--Clayton County; Board of Education; members; number;

referendum ....................................... 1461, 1465, 1648, 1655

HB 1888--Clayton County; Board of Commissioners; chairman,

members; compensation............................ 1542, 1549, 1840, 1846

HB 1889--Jonesboro, City of; Mayor and Councilmen; election;

terms ............................................ 1461, 1465, 1648, 1655

HB 1890--Forsyth County; Board of Commissioners;

compensation; expenses ............................ 1542, 1549, 2009, 2012

HB 1891--Cobb County; Tax Commissioner; chief clerk;

compensation; vacancies ........................... 1542, 1549, 1840, 1846

HB 1892--Spalding County; Water and Sewerage Facilities

Authority; additional member; term................. 1543, 1549, 1840, 1846

HB 1894--Cobb County; Homestead Exemption; school tax;

disabled, certain income ........... 1636, 1644, 1840, 1846, 1848, 1854, 2007

INDEX

2475

HB 1895--Cobb County; Homestead Exemption; disabled,

certain income .................... 1637, 1644, 1841, 1847, 1848, 1854, 2007

HB 1899--Norcross, City of; New Charter; corporate boundaries,

powers of governing authority ...................... 1636, 1644, 1841, 1847

HB 1900--Clayton County; State Court; additional judge;

appointment...................................... 1636, 1644, 1841, 1847

HB 1901--Chatham County; Chatham Area Transit Authority;

contracts; charter service .......................... 1670, 1672, 2009, 2014

HB 1902--Franklin, City of; New Charter; incorporation;

boundaries; powers ................................ 1636, 1644, 1841, 1847

HB 1903--Loganville, City of; New Charter; reincorporate;

powers ........................................... 1670, 1672, 2009, 2012

HB 1904--Floyd County; Homestead Exemption; school tax;

income limits; referendum ......................... 1670, 1672, 2009, 2012

HB 1905--Rome, City of; Homestead Exemption; school tax;

income limits; referendum ......................... 1670, 1672, 2009, 2012

HB 1906--Towns County; Probate Court; judge;

compensation ..................................... 1670, 1672, 2009, 2012

HB 1907--Rabun County; Board of Commissioners; purchases;

change provisions ................................. 1671, 1672, 2009, 2012

HB 1908--Towns County; Magistrate Court; probate court

judge serve as chief ............................... 1671, 1672, 2009, 2012

HB 1909--Avondale Estates; Corporate Limits................. 1671, 1673, 2229, 2231

HB 1910--Hazelhurst, City of; Beer and Wine Sales;

advisory referendum............................... 1671, 1673, 2009, 2012

HB 1911--Heard County; Chief Magistrate; compensation

1671, 1673, 2009, 2013

HB 1912--License Plates; Staggered Tag Sales; Cobb County . 1671, 1673, 2009, 2013

HB 1913--Griffin-Spalding County Development Authority;

Powers, members ................. 1671, 1673, 2009, 2014, 2015, 2017, 2224

HB 1914--Brantley County Development Authority;

membership ...................... 1671, 1673, 2229, 2231, 2232, 2238, 2418

HB 1916--Griffin-Spalding County Anti-Drug Commission;

create ............................ 1889, 1922, 2229, 2231, 2233, 2238, 2418

HB 1917--White County; Homestead Exemption; school tax;

elderly, certain income ............................ 1890, 1922, 2009, 2013

HB 1918--White County; Homestead Exemption; elderly,

certain income .................................... 1890, 1922, 2009, 2013

HB 1920--Stewart County; Water and Sewerage Authority

Act; create ....................................... 1890, 1922, 2009, 2013

HB 1922--Marietta, City of; Corporate Limits; change ......... 2047, 2064, 2229, 2231

HB 1923--Kennesaw, City of; Corporate Limits; change ................... 2047, 2064

2476

JOURNAL OF THE SENATE

House Resolutions

HR 16--Constitution Commission; create; renumber, redesignate,

rearrange provisions ................. 168, 173, 1646, 1652, 1854, 1863, 2227

HR 46--A.L. "Al" Burruss Correctional Training Center; Designate

in Forsyth, Monroe County ............................ No action in 1988

HR 282--Constitutional Amendments, U.S.; urge ratify 1789 amendment;

congressional salaries ...................... 29, 174, 192, 231, 292, 336, 342

HR 372--Herman Eugene Talmadge Tribute Commission;

create ..................................................... 91, 286, 333,

394, 443, 446

HR 539--House of Representatives; Convened; notify Senate ..................... 31

HR 540--General Assembly; Notify Governor; General Assembly convened

32

HR 543--Joint Session; Governor's State of State and

Budget message ............................................... 32, 33, 56

HR 544--Joint Session; General Assembly; invite Supreme and

Appellate Court Justices .................. 32, 33

HR 545--General Assembly; Joint Session; Chief Justice

Thomas 0. Marshall, Jr. address

.... 32, 33, 84

HR 547--Roger L. Underwood; compensate ............... 835, 841, 1466, 1555, 2160

HR 549--Camden County; Designate Kenneth McCarthy Bridge

on Pine Isle Road, 1-95 ...................... 426, 433, 650, 695, 1392, 1447

HR 551--Moore's Mill Bridge; Designate in Cherokee County,

State Highway 108 .......................... 126, 131, 650, 695, 1392, 1447

HR 552--Small Businesses; Seed-Capital Fund; loans for

innovative work; amend Constitution

937, 940, 1181, 1233, 1318, 1362

HR 565--Medical College of Georgia Hospital and Clinics; commend ...... 55, 82, 126

HR 573--Greg Harden; compensate....................... 835, 841, 1466, 1555, 2158

HR 577--Bartow County; W&A Railroad Right-of-Way; State

Properties Commission sell...................................... 386, 389,

650, 695, 792, 825

HR 578--Chattanooga, Tennessee; sale of certain railroad

leased property ............................. 426, 433, 943, 991, 1392, 1448

HR 579--Stephens County; Property Lease Agreement;

former State Patrol Barracks................... 428, 434, 650, 695, 952, 969

HR 581--Reidsville, City of; State Property; land exchange,

Tattnall County Board of Education ............ 325, 331, 650, 695, 792, 802

HR 585--Gordon County; Property Conveyance; W&A Railroad

lessee; sell to Clifford W. Smith

428, 434, 943, 991, 1392, 1449

HR 587--Social Services; Homeless; state housing trust fund;

constitutional amendment ............... 1373, 1378, 1466, 1555, 1854, 1856

HR 588--Angie Callaway; compensate .................... 982, 986, 1466, 1555, 2159

HR 590--Transportation; Designate Jasper T. Copelan

Bridge in Greene County .................... 639, 646, 845, 948, 1392, 1450

HR 591--Fulton County; Property Lease; state-owned;

Whitehall-Peachtree and Central Avenue

426, 434, 943, 991, 1044, 1071

HR 607--Bainbridge High School Band; commend

126, 133

HR 619--Big Haynes and Alcovy Watershed Protection

Study Committee ......................... 685, 688, 1036, 1090, 1392, 1450

HR 620--Forest Hays Correctional Institution; designate

in Chattooga County .......................... 426, 434, 648, 696, 792, 813

HR 621--Fort Yargo State Park; consent to annexation

by City of Winder ........................ 835, 841, 1309, 1387, 1477, 1521

HR 626--Local Government; Special Service Districts;

temporary loans; clarify debt limits ........................ 456, 466, 1035,

1090, 1241, 1259, 1266

INDEX

2477

HR 627--Bartow County; State Owned W&A Railroad

Right-of-Way; sell to Williams Bros.

386, 389, 943, 991, 1044, 1062

HR 628--Chatham County; Property Tax Assessment;

committee to study procedures .................................. 218, 223

HR 631--James H. (Sloppy) Floyd; Bust in Veterans

Memorial Building

456, 466, 689, 739, 1392, 1451

HR 632--Prisoners of War, Southeast Asia; urge Congress

secure releases ................................................. 141, 147

HR 648--Hospital Volunteer Day; recognize February 4, 1988

141, 148

HR 652--Committee to Study Chatham County

Homestead Exemption .................... 218, 223, 1552, 1559, 1854, 1857

HR 653--Dalton, City of; State Owned W&A Railroad Depot Lot;

land sale ................................... 428, 434, 943, 991, 1392, 1452

HR 659--Economic Development; Export Finance Fund Program;

corporations domiciled in Georgia ... 982, 986, 1180, 1233, 1392, 1452

HR 661--Federal Government; Motor Fuel Tax; urge reverse

local government pay/refund policy ........... 428, 434, 646, 696, 1392, 1454

HR 664--Military Affairs; Floyd Veterans Memorial Building;

Vietnam Memorial dedication ............... 936, 940, 987, 1041, 1317, 1334

HR 665--Education; State Board members; elected from

congressional districts, terms .................................. 1371, 1379

HR 666--Morrow High School Football Team; commend

325, 335

HR 696--Clay County; Lake Walter F. George; designate

new state park for George T. Bagby .................... 456, 466, 650, 696,

740, 792, 796, 1029

HR 699--Honorable Peggy M. Childs; Portrait in Legislative

Office Building................................................. 934, 940

HR 702--Gordon County; renew land lease to Calhoun

Elks Home, Inc. ............................ 507, 511, 943, 991, 1392, 1455

HR 705--Rebecca Jane Miller; compensate ......................... 1220, 1225, 1466

HR 707--Helena, City of; Easement for Water Storage Tank;

Telfair Correctional Institution

936, 940, 1309, 1387, 1568, 1623

HR 708--Indian Heritage; Designate Chieftains Trail

in northwest Georgia ............................. 642, 646, 845, 948, 1044,

1054, 1392, 1455, 1641

HR 720--Transportation; Designate W. L. "Pug" Mabry Highway,

portion State Highway 9 in Roswell

642, 646, 845, 949, 1044, 1055

HR 721--Buildings and Housing; Home Builders; single-family

residences; urge handicap accessibility ...... 780, 782, 1550, 1560, 1854, 1858

HR 725--Wilkinson County; Designate William H. Freeman

Memorial Bridge on State Highway 57 ........ 685, 689, 845, 949, 1241, 1266

HR 738--Agriculture; Good Eating in Georgia; official state menu;

product labeling ............................................... 428, 442

HR 746--World Congress Center; Georgia Dome Sports Complex;

define conditions for participation ......... 731, 735, 1309, 1387, 1567, 1591,

1727, 2035, 2048, 2169, 2423

HR 747--Savannah River Scenic Highway; Designate

portion State Highway 28

835, 841, 1036, 1091, 1392, 1457

HR 749--Jack Prince and Delta Y Corporation, Inc.;

compensate.................................. 1220, 1225, 1466, 1555, 2159

HR 750--Olympics, 1996 Summer Games; support,

endorse bid to host ............................................ 486, 487

HR 756--Chatham County; Property Conveyance; to commission

for jail facility, road easement............ 1175, 1178, 1309, 1388, 1478, 1539

HR 764--Good Eating in Georgia; Designate official state menu

to promote agriculture .......................................... 642, 654

HR 777--Curtis Rogers; compensate .................................... 1220, 1225

2478

JOURNAL OF THE SENATE

HR 779--Senior Georgians' Day; designate February 11 .................... 674, 675

HR 783--Northwest Georgia Regional Hospital; Designate buildings

for Romeo Diprima, Mildred Knight, Ellis Hale................. 1031, 1033

HR 792--Redevelopment Powers Law; Industrial Area Located on Island;

property removal; method to annex

1175, 1178, 1466, 1555, 1666, 1729

HR 793--Lorraine Strickland; compensate............................... 1220, 1226

HR 794--Murray County; Designate B. T. Parks Memorial Bridge

in City of Eton ......................... 1081, 1084, 1310, 1388, 1667, 1808

HR 797--General Assembly; Adjournment; February 12 to

February 15 ................................................... 767, 776

HR 799--Property Conveyances; Marietta; new combined

lease agreement on three state-owned tracts .................... 1174, 1179,

1309, 1388, 1477, 1498

HR 800--Thunderbolt; Designate Benjamin M. Garfunkel Bridge

over Wilmington River ....................................... 1081, 1084

HR 811--Richmond County; Property Conveyance; to Board of Health

for mental health facility ................ 1300, 1304, 1551, 1559, 1667, 1822

HR 877--Property Conveyances; Dawson, Towns Counties; exchange

land with U.S. Forest Service ............ 1300, 1304, 1551, 1559, 1854, 1860

HR 905--Georgia Veterans State Park; General Courtney Hicks

Hodges Building; plaque ........................................... 1462

HR 916--Duncan Moore, Phoebe Putney Memorial Hospital;

commend. ................................................... 1372, 1471

HR 979--Japan Tobacco, Inc.; urge purchase Georgia products ................. 1837,

1838, 2009, 2010, 2316

HR 1021--Georgia Public Safety Memorial; Training Center

in Forsyth; support establishment ............................. 2008, 2011

INDEX

2479

PART III

ALPHABETICAL INDEX

ABORTION; Parental Notification Act; notices; waiver by juvenile court........ SB 621

ACADEMIC RECOGNITION DAY, UNIVERSITY SYSTEM; commend ........ SR 345

ACCOUNTANTS, PUBLIC Registration; reports; confidentiality; sanctions; education .................... HB 1352 State Board of Accountancy; extend to 1994................................ HB 1454

AD VALOREM TAX (Also See Revenue and Taxation)

Agricultural Property; preferential assessment; ownership changes ............. SB 211

Agricultural Property; preferential assessment; ownership transfers ........... HB 1464

Assessment Review Commission; create; appeals board ...................... HB 1279

Assessment; existing use; legislative intent; uniform rules ..................... SB 579

Atlanta Urban Enterprise Zone Act; enact; exemptions ...................... HB 1634

Chatham County; committee to study property assessment procedures ..... HR 628

Chatham County Homestead Exemption Study Commission ................. .HR 652

Counties of 550,000; alternative tax deferral for elderly ....................... SB 533

Counties; property tax digests; equalization; review; appeals.................. HB 1279

County Boards of Equalization; additional alternate members ................ HB 1465

County Boards of Equalization; members; qualifications ...................... SB 628

County Boards of Equalization; members; selection; qualification

... HB 1278

County Tax Digests; uniformity of property valuation; requirements .......... SB 509

Development Districts; exemption incentives; create procedure

... SR 259

Historic Properties and Areas; separate tax classification ..................... SR 265

Homestead Exemption; certain persons, ages, income; referendum ............. HB 778

Inventories; assessment dates; constitutional amendment ...................... SR 11

Inventories; assessment dates; exception, new business enterprise .......... SB 48

Inventories; freeport exemption; manufactured or produced products .......... SB 622

Life Insurance Premium Taxes; counties use of proceeds; adjustment ........ .HB 1160

Local School Systems; revenue sources other than ad valorem tax ............. SR 284

Municipalities; funds for development authorities; millage ................... HB 1785

Municipalities; millage; development authorities funding...................... SB 611

Public Utilities, Airlines; local assessment, jurisdiction........................ HB 337

School Lunch Programs; municipal development authority funds ............. HB 1785

Tax Executions; notices; void; prohibited transfer actions; release ............ HB 1280

ADJOURNMENT General Assembly; January 15 to January 25 ................................ SR 260 General Assembly; February 12 to February 15 .............................. HR 797 General Assembly; February 19-22, 26-29; March 4-7 ......................... SR 406 General Assembly; March 4 at 12:00 Midnight; amend SR 406 ................ SR 501 General Assembly; sine die March 7 ........................................ SR 509

ADMINISTRATIVE PROCEDURE ACT Attorneys; regulate practice of law; urge Supreme Court adopt ................ SR 355 Day Care Centers; employees' records check; contested cases ................. HB 1216 Medical Assistance Department; hearings; administrative decisions ........... HB 1239 Medical Practice or Dentistry; contested licenses; stays ...................... HB 1456

Refer to numerical index for page numbers

2480

JOURNAL OF THE SENATE

ADMINISTRATIVE PROCEDURE ACT (Continued) State Agencies Decisions in Contested Cases; findings of fact State Agencies; proposed rule changes, effective date State Agencies; rule changes; timeframe for adoption
ADMINISTRATIVE SERVICES DEPARTMENT Commissioner; compensation Commissioner; compensation; state commission fix salary Services for Local Governments; reserve fund for new equipment State Purchasing; prompt payment method; vendors; interest
ADOPTION Agencies; expectant mothers; payment of lost wages, expenses Comprehensive Revisions; procedures; licensure; prohibitions Health Insurance Coverage; effective date Human Resources; increase aid, families with hard-to-place child Proceedings; exceptions to open meetings requirements Records; birth parent and sibling information; release procedures Special Needs Children; child-placing agencies; payments Special Needs Children; payments to child-placing agencies Uniform Child Custody Jurisdiction Act; definitions
ADVERTISING Motor Vehicle Dealers; deceptive practices unlawful Sales Seminars, Meetings; false statements; deceptive trade practices Telephones; automatic dial, recorded messages; regulate; permits Telephones; numbers with 976 prefixes; deceptive advertisement Telephones; soliciting calls to 976 number; penalties Telephones; 976 exchange; regulate; customer preference ballot
AGED (See Elderly)
AGRICULTURE COMMITTEE; Senator Walter Ray act as Chairman
AGRICULTURE Ad Valorem Tax; preferential assessment; filing; ownership changes Ad Valorem Tax; preferential assessment; transfers to relatives Ad Valorem Tax; property assessment; existing use; uniform rules Agricultural Exposition Authority; retirement membership in ERS Agrirama Development Authority; retirement membership in ERS Agrirama Development Authority; travel expense reimbursement Atlanta Market for Georgia Farm Products Authority Act; enact Atlanta Market for Georgia Farm Products Authority; creation Atlanta Market for Georgia Farm Products Authority; creation Commissioner; appointment by Governor; amend Constitution Commissioner; appointment by Governor; not elected official Commissioner; compensation Commissioner; compensation; state commission fix salary Commissioner; jurisdiction; Board of Professional Sanitarians Commissioner; membership, Hazardous Chemicals Advisory Council Commodity Merchants; regulate Dairy Milk Containers, Cases; unlawful possession Export Finance Fund Program; loan guarantees, insurance; create Farm Accidents; emergency medical services training Farm Bureau Day; proclaim February 10, 1988 Farm Wineries; Sunday wine sales on premises Fertilizer, Plant Growth Regulators, Pesticide Contamination; liability; proof
Refer to numerical index for page numbers

HB 841 SB 210 SB 399
HB 1342 SB 553
HB 1297 SB 618
SB 421 SB 498 HB 1527 SB 19 SB 394 SB 63 HB 1363 SB 422 HB 1509
SB 257 SB 52 SB 17 HB 1497 HB 1284 SB 454
Page 569
SB 211 HB 1464
SB 579 HB 305 HB 896 HB 303 HB 1849 SB 320 HB 303 SR 132 SB 326 HB 1342 SB 553 SB 420 HB 503 HB 1366 SB 642 HR 659 SR 481 SR 365 HB 1558
HB 1518

INDEX

2481

AGRICULTURE (Continued)

Fish Farms; commercial hatcheries; define; exceptions; licensure

HB 7

Food; retail sales of perishable items; dated packaging

SB 464

Foresters Assisting Farmers; registration exemptions

SB 550

Good Eating in Georgia; agricultural products promotion

SR 279

Good Eating in Georgia; designate official state menu

HR 764

Good Eating in Georgia; menu promotion; product labeling

SR 276

Good Eating in Georgia; official state menu; product labeling

HR 738

Grain Dealers; financial audits, certification; unlicensed persons

SB 440

Livestock Running at Large; impounded animals; fees

HB 1806

Llamas, Alpacas; death or injury by dogs; owner liability

HB 1311

Loans; export finance fund program; creation of ............................. HR 659

Markets, Georgia Building Authority; membership

SB 419

Markets, Georgia Building Authority; property sales; prohibitions

SB 480

Motor Fuels for Off-Road Uses; federal tax; urge Congress exempt

SR 370

Nuisance Actions; facilities, agricultural operations; exceptions

SB 570

Oysters and Clams; closed seasons ......................................... HB 1794

Permits to Burn Woods, Lands, Marshes, Vegetation

HB 34

Plydell-Bouverie, James; Georgia Peach promotion; commend

SR 381

Rabun County; produce packing, cooling facility; urge lease

SR 442

Regulations; commissioner, department regulate certain activities

SB 290

Rural Development; create office and state advisory committee

HB 1260

Seed Advisory Committee; Seed Development Commission; membership

SB 419

Seed-Capital Fund; small firms engaged innovative work; loans................ HR 552

Small Minority Business Corporations; creation

SB 569

Small Minority Business Development Corporations; creation

HB 1310

Soil and Water Conservation Committee; change name to "Commission"

HB 1402

Soil and Water Conservation Committee; contracts; grants

HB 1401

Tobacco Exports to South Korea; fair market climate petition

SR 423

Tobacco; treated with certain pesticides; detention; condemnation

HB 1266

Tobacco; urge Japan Tobacco, Inc. purchase Georgia products

HR 979

Tobacco; urge Japan Tobacco, Inc. purchase Georgia products

SR 490

Tobacco; urge U.S. Smoking and Health Committee not limit exports

SR 366

Water; farm use; surface withdrawal permits; shortages; priorities

HB 1543

AIDS, ACQUIRED IMMUNE DEFICIENCY SYNDROME Infected Persons; criminal offense of battery; define; penalty Occupational Disease; exposure of firefighter, paramedic, EMT's Subcommittee of Senate Human Resources, create Testing; juveniles; inmates; confidential records; reports; crimes testing; counseling; marriage licenses; "Omnibus Bill" Tests; treatment requirements; disclosure; judicial procedures

SB 416 SB 496 Page 139
HB 1281 HB 107

AIRPORTS (See Aviation)

AKIN, SUSAN; Miss America of 1986, introduction.......................... Page 626

ALABAMA Fishing License Reciprocity; honorary license for blind persons Hunting, Fishing Licenses; reciprocity; nonresident fees

HB 1244 HB 1597

ALARMS; burglar, fire, electronic security; private property sales

SB 630

ALBANY, CITY OF

Albert "Al" Holloway Labor Building; designate

SR 163

Holloway Labor Building; designate new labor offices

SR 441

Homestead Exemption; elderly ............................................ HB 1852

Refer to numerical index for page numbers

2482

JOURNAL OF THE SENATE

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving

Under Influence or Motor Vehicles)

Alcohol Treatment; clinical records; confidentiality; civil actions .............. HB 1301

Beer or Wine Sales; prohibit near certain buildings; distances .................. SB 49

Chemical Tests for Alcohol, Drugs; dead persons............................ HB 1318

DUI; alcohol concentration; evidence; tests; judgments; sentences ............. HB 1660

DUI; fixing punishment for violations; determining factors .................... SB 138

DUI; injurious traffic accidents; chemical testing .............................. SB 91

Education; require public school health course on alcohol abuse ................ SB 66

Furnishing to Underage Persons; tort actions; custodial parents ...

HB 1123

Minors; DUI, underage drinking; suspend driver's license ..................... SB 120

Minors; selling, furnishing to; municipal court jurisdiction .................... SB 141

Person Who Sells, Serves, Furnishes, Property Owners; liability .............. HB 1495

Pregnancy; posting of warning signs ........................................ HB 431

Sales; consumption on premises; prohibit nude, sexual conduct................ HB 516

Sales; prohibitions of nude and sexual conduct on premises ................... SB 372

Sales to Minors; sellers duty to verify age; ID documents .................... HB 1322

Stone Mountain Park; alcoholic beverage sales.............................. HB 1347

Sunday Sales; certain municipal special entertainment districts............... HB 1848

Sunday Sales; locally designated special entertainment districts ............... SB 673

Wine; Sunday sales on farm winery premises ............................... HB 1558

ALCOVY JUDICIAL CIRCUIT Court Reporters; salary and additional compensation ......................... SB 652 Ridgway, Thomas W., Chief Judge; honoring ................................ SR 422

ALLGOOD, SENATOR TOM; excused from voting on SB 398, on SB 667, and on HB 862 .................................. Pages 1053, 1196, 1348

ALLIGATORS AND ALLIGATOR PRODUCTS; hunting, possession of; regulate ................................................................ SB 594

ALPHARETTA, CITY OF; municipal court judge; change qualifications ...... HB 1782

ALSTON, TOWN OF; corporate limits ..................................... HB 1466

AMATEUR ATHLETICS FOUNDATION, GEORGIA Olympics; 1996 Summer Games; bid to host; support......................... HR 750 Olympics; 1996 Summer Games; bid to host; support for ..................... SR 351

AMBULANCES (See Emergency Medical Services)

AMERICUS CITY SCHOOL SYSTEM; merge with Sumter County Public School System .................................................... HB 1474

AMICALOLA FALLS STATE PARK; lodge/conference center; land exchange .........................................................HR 877

AMUSEMENT RIDE SAFETY ACT (Also See Carnival)

Electronic Metal Detectors; usage; detect concealed weapons .................. SB 466

Liability Insurance; cessation of rides; exemptions; violations

HB 1364

ANATOMICAL GIFTS (Also See Organ Donors)

Coroners; jurisdiction; exceptions to release of body ..................... .SB 349

Human Heart Transplants; insurance coverage

SB 604

Organ Donor and Procurement Study Committee ............................ SR 410

Organ Donor Cards; witness signatures..................................... HB 1528

Organ Donors; testing body parts for AIDS ................................ HB 1281

ANDERSON, MAJOR GENERAL RET. THURMAN E.; commend ............. SR 358

Refer to numerical index for page numbers

INDEX

2483

ANIMALS

Agricultural Operations; nuisance actions; exceptions

.......... SB 570

Dangerous Dog Control Law; enact ........................................ HB 1273

Dogs; death or injury to llamas, alpacas; owner liability .................... .HB 1311

Livestock Running at Large or Straying; impoundment fees.................. HB 1806

Veterinary Medicine; licensure; continue state board ........................ HB 1209

ANNEXATION Municipalities; method of; industrial area located on island ................... HR 792 Municipalities; prior county approval; change population brackets .............. HB 66 Municipalities; public hearing requirements; notices .......................... SB 519

APPALACHIAN JUDICIAL CIRCUIT; Superior Court; additional judge; Fannin, Gilmer, Pickens Counties .......................................... SB 334

APPEALS AND ERROR Appeal Bonds; bail not granted in drug trafficking cases ...................... HB 776 Appeals; decisions of state courts reviewing magistrate courts ............... HB 1235 Appeals From Orders; sexually transmissible diseases, AIDS .................. HB 107 Appeals to Superior Courts; trial without jury; consent ....................... SB 492 Court of Appeals; preappeal settlement conferences; filing .................... HB 615 Court of Appeals; reports; advance reports; rules volume .................... HB 1731 Death Penalty; challenges; mental competency to be executed................. HB 878 Death Penalty; pretrial review; elapsed terms; preclusion to appeal ............ SB 100 Judges, Court of Appeals; compensation ................................... HB 1342 Medical Malpractice Awards; decisions of arbitration panel ................... SB 374 Medical Practice or Dentistry; contested licenses; stays ...................... HB 1456 New Trial Motions; transcript filings; time period........................... HB 1396 Workers' Compensation; state board decisions; procedures ................... HB 1438

APPLING COUNTY; Board of Education; elections; districts; compensation . .HB 1211

APPOINTMENTS BY GOVERNOR .................... Pages 276, 677, 1666, 2246 Higher Education Committee report ...................................... Page 676 Addis, Paul J. ..................................................... Pages 276, 677 Aitken, Kenneth S. ................................................ Pages 276, 677 Alfriend, James I................................................... Pages 277, 678 Babush, Richard K. ....... ........................................ Pages 279, 680 Bennett, Lou J..................................................... Pages 277, 678 Boone, James C. ................................................... Pages 276, 677 Brawner, Madison Tucker .......................................... Pages 279, 680 Bray, Claude A., Jr........................ Pages 280, 682 Brewton, Michael A. ............................................... Pages 277, 677 Briscoe, F. Woodson ............................................... Pages 279, 681 Brown, Evelyn D. .................................................. Pages 277, 678 Brown, James E................................................ Pages 280, 676, 681 Bryant, J.D........................................................ Pages 278, 680 Burdette, Charles T. ............................................... Pages 276, 677 Carmichael, Robert L............................................... Pages 278, 679 Carter, Arthur ..................................................... Pages 278, 679 Caswell, J.D. ...................................................... Pages 280, 681 Chadwick, Jean Vangieri ........................................... Pages 279, 680 Cherry, Carol.................................................... Pages 1666, 2247 Cohn, Ronald George .............................................. Pages 277, 678 Cordy, Thomas .................................................... Pages 278, 679 Crews, Mae ....................................................... Pages 278, 680 Davis, Guy H. ..................................................... Pages 278, 679

Refer to numerical index for page numbers

2484

JOURNAL OF THE SENATE

APPOINTMENTS BY GOVERNOR (Continued) Davis, H. Gordon, Jr. ............................................ Pages 1666, 2247 Davis, James K. ................................................... Pages 278, 679 Day, Sherman R. .................................................. Pages 279, 681 Downs, Carrie King ................................................ Pages 277, 677 Dunlap, Kathryn L. .............................................. Pages 1666, 2248 Earnest, Daniel Craig .............................................. Pages 278, 679 Evans, Walter B. .................................................. Pages 278, 679 Fisher, Garnett .................................................... Pages 278, 679 Fowler, Fred Eugene ............................................... Pages 277, 677 Frank, Carl R...................................................... Pages 279, 680 Frenkel, Nancy L. ............................................... Pages 1666, 2247 Gaston, William J., Jr. ............................................. Pages 278, 679 Gibson, Patricia M. ................................................ Pages 279, 680 Giorgio, Douglas J., Jr. ...................................... Pages 277, 678 Gober, Betty Jean ................................................. Pages 277, 678 Godbee, John F., Jr.,............................................... Pages 277, 678 Golden, Betty M. .................................................. Pages 279, 680 Goldstein, Maxine ................................................. Pages 277, 678 Gonzales, Rebecca ................................................. Pages 277, 678 Goodrich, Diane Young............................................. Pages 279, 680 Griffin, Melvin J. .................................................. Pages 277, 678 Griffin, Willie I. ................................................... Pages 277, 678 Grindler, R. Alex .................................................. Pages 278, 679 Guice, William J. .................................................. Pages 280, 681 Gunby, Chester L. ................................................. Pages 278, 680 Hanenkrat, Judy................................................... Pages 277, 678 Harrison, James C................................................ Pages 1666, 2247 Harrison, Morris Edwin, Sr. ........................................ Pages 276, 677 Hobbs, Joseph..................................................... Pages 278, 679 Hodge, Gene .................................................... Pages 1666, 2247 Howard, William R................................................. Pages 276, 677 Humphries, William C., Jr. ............................ Pages 278, 679 Hutchings, Bettye 0................................................ Pages 279, 680 Knowles, Don L.................................................... Pages 280, 682 Lanigan, John ..................................................... Pages 279, 680 Lazenby, William R. ............................................... Pages 278, 679 LeGette, John S. .................................................. Pages 278, 679 Levi, James Stuart................................................. Pages 279, 680 Lewis, Terry W. ................................................... Pages 277, 677 Mann, William T................................................... Pages 277, 678 Mayfield, Peter N. ................................................. Pages 280, 681 McDevitt, Michael J................................................ Pages 277, 677 Mertl, Claudia................................................... Pages 1666, 2247 Mooney, Al J. Ill .................................................. Pages 278, 679 Morris, Glenn M. .................................................. Pages 277, 678 Morrison, Joseph V., Jr. ............................................ Pages 278, 679 Motley, Carol P. ................................................... Pages 279, 680 Nicholson, Jerry F. .............................................. Pages 1666, 2247 Ogletree, LaVerne C. ............................................... Pages 278, 680 Payne, Thomas C. ................................................. Pages 276, 677 Phillips, Barry................................................. Pages 280, 676, 681 Poeppelman, Jerome F.............................................. Pages 279, 680 Pohland, Frederick G. .............................................. Pages 280, 682
Refer to numerical index for page numbers

INDEX

2485

APPOINTMENTS BY GOVERNOR (Continued) Rentz, Thomas H., Jr............................................... Pages 279, 681 Rhodes, F. Edward ................................................ Pages 277, 677 Rice, Louis W. .................................................... Pages 279, 681 Robie, Kathryn H. ................................................. Pages 278, 679 Roquemore, William A.............................................. Pages 276, 677 Salmon, R. Sherold, Sr. ............................................ Pages 280, 681 Sanders, Charles Richard, Sr. ...................................... Pages 277, 678 Sexson, William Robert ............................................ Pages 279, 680 Shatto, Gloria M. .................................................. Pages 278, 679 Sims, James E., Jr. ................................................ Pages 279, 681 Smith, Been Day .............................................. Pages 280, 676, 681 Smith, Harold L. ................................................ Pages 1666, 2247 Smith, James J. ................................................... Pages 276, 677 Smith, Roberta McNeill ............................................ Pages 279, 680 Stanford, Robert Van .............................................. Pages 277, 677 Stephens, Riley T. ................................................. Pages 276, 677 Swaney, Hoyt L.................................................... Pages 277, 678 Swann, James M. .................................................. Pages 277, 678 Sweitzer, John Henry .............................................. Pages 279, 681 Thomas, Walter C.................................................. Pages 276, 677 Thompson, Bertha ................................................. Pages 279, 680 Toole, Franklin A. ................................................. Pages 279, 681 Treadwell, Tandy Walter, Jr. ...................................... Pages 278, 679 Trullinger, Richard Warren ......................................... Pages 280, 681 Vann, Laura S. .................................................. Pages 1666, 2247 Walker, Woodrow, Jr. .............................................. Pages 277, 678 Warren, Johnny ................................................... Pages 278, 680 Whatley, Edwin L.................................................. Pages 277, 677 Wood, Thomas Edward, Jr. ......................................... Pages 280, 681 Woodruff, George C., Jr...................................... Pages 278, 679 Word, David ...................................................... Pages 280, 682
APPROPRIATIONS AND FISCAL AFFAIRS Budget Act; redefine "appropriation" ...................................... HB 1001 County Probation Systems; state participation in cost; payments ............. HB 1476 Education; special programs; regional agencies; grants ....................... HB 1404 General; FY 1988-1989 ................................................... HB 1277 Georgia Peace Officers Standards and Training Council. ..................... HB 1241 Georgia Revised Limited Partnership Act; funds to implement ................ HB 924 Indigent Care Trust Fund; creation, expand Medicaid coverage ............... SR 350 Legislation; fiscal impact explanation required .............................. HB 1802 Supplemental; emergencies; voting procedure; prohibit amendments ............ SR 86 Supplemental; FY end 6-30-88; General Obligation Debt Sinking Fund/New............................................................. HB 216 Supplemental; FY 1987-88; Medicaid benefit claims ........................ .HB 1183 Supplemental; FY 1987-88 ................................................ HB 1267
ARBITRATION Code Revision; repeal common law provisions; revise extensively ............... SB 73 Medical Malpractice Claims for Damages; procedures ........................ SB 374
ARCHITECTS, STATE BOARD OF; continue to 1994.................... .HB 1559
AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Authorities or Development Authorities)

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2486

JOURNAL OF THE SENATE

ARTS Development Fund; establishment of; tax refund checkoff .................... SB 400 Development Fund; grants; state tax refund donations ........................ SR 23 Georgia Citizens for the Arts; commend..................................... SR 294 Margaret Mitchell Home; relative to historic preservation..................... SR 296 Music Industry; interim committee, citizens' council; create ................... SR 439 Toorchen, Jon; "The Courthouse Museum in Cleveland"; commend............ SR 290

ASBESTOS MATERIALS Recovery Actions for Removal; extend period; limitations ..................... SB 649 School Buildings; management plans; public and private owners.............. HB 1404

ATHENS, CITY OF; municipal redevelopment powers....................... HB 1666

ATHLETICS Athlete Agents Regulatory Act of 1988; enact. ............................... SB 423 Authorized Ticket Agents; service charges; increase ......................... HB 1724 Boxing and Wrestling; create state commission to regulate ...................... HB 9 Collegiate Events; Public Safety Officer's duties; expenses .................... SB 417 Domed Stadium; World Congress Center; powers to make contracts .......... HB 1691 Georgia Dome Sports Complex; conditions for state participation .............. HR 746 Nonprofit Athletic Programs; liability limitations; torts ............... SB 50 Olympics; 1996 Summer Games; support bid to host ......................... SR 351 Olympics; 1996 Summer Games; support, endorse bid to host ................. HR 750 Private Associations; activities in public schools, ruling appeals ............... SB 126 Sports Programs; nonprofit associations; liability ............................ HB 1335

ATLANTA, CITY OF

Alcoholic Beverages; Sunday sales; special entertainment districts ............ HB 1848

Alcoholic Beverages; Sunday sales; special entertainment districts ............. SB 673

Atlanta Market for Georgia Farm Products Authority Act; enact ............. HB 1849

Atlanta Market for Georgia Farm Products Authority; creation................ SB 320

Atlanta Market for Georgia Farm Products Authority; creation................ HB 303

Crim, Dr. Alonzo A.; School Superintendent; commend

SR 325

Excise Tax; rooms, lodging, accommodations; increase; domed stadium

HB 1554

Mayor and Council; change qualifications ................................... SB 654

Municipal Court; costs; proceedings against tenants holding over .............. SB 212

Olympiad; bid to host 1996 Summer Games; support for ..................... SR 351

Olympiad; bid to host 1996 Summer Games; support of ..................... HR 750

Property; lease of state-owned W&A Railroad property authorized............. HR 591

Traffic Courts; jurisdiction; cities of 300,000 or more ........ SB 542

Traffic Courts; jurisdiction; judges' salaries ................................. HB 1333

Urban Enterprise Zone Act; enact ........................................ HB 1634

Urban Enterprise Zones; requirements for residential zones; repeal ........... HB 1787

Urban Residential Finance Authority; definitions; members; audits ........... HB 1501

ATTORNEY GENERAL Compensation ........................................................... HB 1342 Compensation; state commission fix salary .................................. SB 553 Fair Housing Laws; enforcement; injunctions; restraining orders ............... HB 430 Injunctions Against Certain Business Acquisitions............................ SB 524 Office of; authority to carry weapons ....................................... SB 586 Qualifications; bar association membership .................................. SR 275 Remove Membership on Certain Boards, Commissions, Authorities ............ SB 419 State Commissions; memberships; removal; amend Constitution ............... SR 247 Violations; urge Supreme Court adopt Administrative Procedure Act .......... SR 355 Water Wells Standards Advisory Council, State; duties ..................... .HB 1336

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INDEX

2487

ATTORNEYS (Also See Courts, Civil Practice, or Criminal Proceedings)

Bar Admission Rules; Supreme, Appeals Court rules volume

HB 1731

General Assembly Members; right to practice law ............................ HB 369

Jury Duty; declare ineligible ............................................... SB 483

Marriage and Family Therapists; licensure; qualifications .................... HB 1701

Practice of Law; Supreme Court regulate; membership requirements

SR 275

Public Officers; constitutional duties; conflict of conduct

SR 273

State Bar; establish Board of Governors; amend Constitution

SR 280

Violations; urge Supreme Court adopt Administrative Procedure Act

SR 355

AUDITS

Auditor, State; compensation ............................................. HB 1342

Local Government Finances Reports; filing requirements

HB 1420

Nonprofit Contractors Engaged in Business With State; requirements

HB 1413

State Auditor; compensation; state commission fix salary ..................... SB 553

Superior Courts; auditors and special masters; fees; assessment

HB 1545

AUGUSTA, CITY OF

Augusta-Richmond County; joint governing authority; referendum ............ HB 1637

Designate; Savannah River Scenic Highway; portion State Highway 28

HR 747

Government Reorganization; city-county; repeal charter; referendum

HB 1220

AUSTRALIAN SENATE PRESIDENT, HONORABLE KERRY SIBRAA; introduction ............................................................. Page 74

AUTHORITIES (Also See Development Authorities)

Agricultural Exposition Authority; retirement membership in ERS ............ HB 305

Agrirama Development Authority; retirement membership in ERS

HB 896

Agrirama Development Authority; travel expenses............................ HB 303

Airport; sale or lease to foreign citizens, businesses prohibited .............. .HB 1238

APDCs; Community Affairs Department; duties; powers

SB 475

APDCs; mapping and land records modernization ............................ SB 437

APDCs; Metropolitan; membership; representative mayors, members

HB 1193

APDCs; UGA Institute of Community and Area Development evaluate

SR 263

Area Planning and Development Commissions Joint Study Committee ......... SR 264

Atlanta Market for Georgia Farm Products Authority Act; enact

HB 1849

Building Authority, Hospital; prohibited property sales ...................... HB 1365

Contracts for Public Works; bid bonds or other security; actions

HB 636

Contracts; vendor purchases; prompt payment method; interest

SB 618

Deferred Compensation Plans; eligible employees; definition ................. HB 1638

Development; damage actions against business, factory closings ............... SB 525

Development; office buildings; qualify charitable corporations

HB 1303

Development; rural area pool allocation system for bonds

SB 637

Downtown Development; contracts; urban residential finance authority

HB 1502

Downtown Development; projects; nonprofit health care facilities

SB 577

Environmental Facilities Authority; retirement; ERS membership

HB 1046

Hospital; proceeds from sales of hospitals; designate use ...................... SB 646

Housing and Urban Residential Finance; joining or cooperating

HB 1499

Housing; fraudulently obtaining public housing; penalties

SB 488

Housing; investigations; subpoenas; contempt provisions ...................... SB 487

Housing; subpoenas; failure to comply; contempt

HB 1249

Jekyll Island State Park; prohibited property sales

HB 1365

Mountain Protection Act; enact ............................................ SB 393

Municipal Development; funds from property tax levy; millage

HB 1785

Municipal Development; funds from tax levy; millage

SB 611

Municipal Gas Authority; employee retirement and benefits; contract

HB 1512

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2488

JOURNAL OF THE SENATE

AUTHORITIES (Continued)

Obstruction of Public Administration; public authorities; fraud

SB 489

Open Meetings; state and local; revise requirements; penalties

SB 394

Private Colleges and Universities Authority; loans; bonds; proceeds ............ SB 371

Residential Finance Authority; financing low income housing

SB 479

State; membership; remove attorney general certain authorities ............... SB 419

State Properties Commission; acquisition services; other agencies ............. HB 1626

State; property leases; approval by fiscal affairs subcommittees

HB 1535

State; sovereign and official immunity; amend Constitution ................... SR 267

State Tollway Authority; powers; bonds; rights of way; hearings

HB 1769

Stone Mountain Memorial Association; prohibited property sales

HB 1365

Urban Residential Finance Authorities for Large Municipalities

HB 1501

World Congress Center; powers; domed stadium; contracts; land

HB 1691

AUTOMOBILE RACING EVENTS; security; Public Safety, Uniform Division................................................................. HB 1700

AVIATION

Airlines; ad valorem taxes; local assessment ................................. HB 337

Airports; sale or lease to foreign citizens, businesses prohibited

HB 1238

AVONDALE ESTATES; corporate limits .................................. HB 1909

AYERS, PATTI; National 4-H Championship; commend

SR 309

B

BACON, ARTHUR T.; designate bridge in Cobb County

SR 356

BACON COUNTY; Superior Court; change terms ........................... HB 1540

BAD CHECKS Citations; sheriff's fees for serving ......................................... HB 1530 Form of Notice; magistrates; duties ........................................ HB 1392 Fraudulent Purchases; counterfeit ID; committee to study .................... SR 333 Magistrate Courts; citation; fees ........................................... HB 1391 Misdemeanor Violations; magistrate court jurisdiction; trial procedures ........................................................ SB 195 Parties Who May Prosecute an Action ...................................... SB 556

BAGBY, GEORGE T., STATE PARK; Lake Walter F. George, Clay County HR 696

BAIL (Also See Bonds)

Bonds; criminal cases; deposits; hearings; forfeiture procedures

SB 8

Bonds; criminal cases; forfeiture; Sheriffs Retirement Fund

HB 719

Bonds; drug trafficking, child molestation; not bailable offenses

HB 776

Felony-bail Jumping; misdemeanor-bail jumping; redefine; notices

HB 768

Jumping; out-of-state bail jumping; define; penalties ......................... SB 163

Surety; notification of arraignment date ..................................... HB 117

BAINBRIDGE HIGH SCHOOL BAND; commend

HR 607

BALDWIN COUNTY

Board of Commissioners; elections; terms; districts ............................ SB 74

District Attorney; Ocmulgee Judicial Circuit; salary supplement

SB 624

Georgia Power Company; Fishing Creek; transmission line easement ........... SR 278

Oglethorpe Power Corporation; easement for transmission line

SR 277

State Court; judge and solicitor, compensation ........................... SB 631

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INDEX

2489

BALDWIN, SENATOR QUILLIAN; standing committee assignment changes ................................................................. Page 20

BANKING AND FINANCE

Bad Checks; form of notice; magistrates; duties

HB 1392

Bad Checks; fraudulent purchases, ID; committee to study

SR 333

Bad Checks; magistrate courts; jurisdiction; trial procedures

SB 195

Bad Checks; parties who may prosecute an action ........................ SB 556

Bad Checks; service of citation; sheriff's fees ............................... HB 1530

Check-cashing Establishments; limit fees charged; exceptions ................. SB 448

Check or Money Order Sellers; cashing or redemption requirements

SB 288

Code Revisions, Corrections ............................................... HB 1229

Commissioner; compensation

HB 1342

Commissioner; compensation; state commission fix salary

SB 553

Commodity Merchants; regulate; investments; precious metals

HB 1366

Contracts; commitments to lend money; written agreements ................. HB 1536

Contracts; written; transactions of $250,000 or more; rates

HB 1416

Credit Card Lenders; loan finance charges; maximum interest rates ............ SB 192

Credit Unions; liability of directors; equity capital investment

HB 283

Discrimination in Making Housing Loans, Other Financing

HB 430

Fiduciaries; income taxes; estimated tax; filing .............................. HB 1418

Financial Institutions; boards of directors; meetings; schedule

HB 1345

Georgia Revised Limited Partnership Act; enactment

HB 924

Industrial Loan Licensees; campaign contributions, prohibitions ................ SB 18

Industrial Loan Licensees; campaign contributions, prohibitions

SB 539

Industrial Loan Licensees; prohibit certain campaign contributions ............. SB 76

Insurers Acquiring Lending Institutions; exemption to restrictions

SB 619

Intangible Tax; foreign depository financial corporations...................... SB 261

Intangible Tax; stocks in institutions reorganized under Southern Region

Interstate Banking Law; exemption

HB 1455

Mortgagees; interest on escrow funds; residential property

SB 168

Registration; notices; out of state banks; financial services; branch offices;

directors; credit unions; holding companies

HB 283

Revolving Charge Accounts; maximum monthly finance percentages

SB 568

Security Investment Advisers; financial planners; regulate

HB 1566

Seized Currency; Controlled Substances Act; deposits ........................ SB 561

Small Minority Business Development Corporations; member loans

HB 1310

Small Minority Business Development Corporations; member loans

SB 569

State Bonds; interest, limit federal tax; constitutional convention

SR 44

Trust Companies; fiduciary funds investments; fees; disclosure .............. HB 1162

Trustee Powers; property distribution; conditions defined

SB 395

Trustees and Executors; investments; "prudent person"; liability

HB 1435

BANKRUPTCY; exempt; certain retirement, pension funds

SB 510

BANKS COUNTY; board of commissioners; terms; elections

HB 1719

BARBERS; license provisions; requirements for practicing and teaching

HB 1215

BARNESVILLE, CITY OF; city council; voting, quorum; mayor, elections HB 1788

BARNWELL, SOUTH CAROLINA; Southeast Interstate Low-level Radioactive Waste Management Compact; host state disposal facility

SB 518

BARROW COUNTY Board of Commissioners; elections; districts; composition; quorum Board of Education; redistricts; elections; compensation; referendum Homestead Exemption; school tax; elderly; referendum

HB 1359 HB 1186 HB 1654

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2490

JOURNAL OF THE SENATE

BARTOW COUNTY

Motor Vehicle Registration; staggered tag sales; referendum.................. HB 1742

State Owned W&A Railroad Right-of-way; sell to Williams Bros. .............. HR 627

W&A Railroad Right-of-Way; State Properties Commission sell

HR 577

BATTERY; AIDS Battery or Aggravated AIDS Battery; define; penalties

SB 416

BECKMAN, JOHNNY; commend ............................................ SR 293

BEER (See Alcoholic Beverages and Alcoholism)

BELK MATTHEWS COMPANY; commend

SR 368

BEN HILL COUNTY PUBLIC SCHOOL SYSTEM; merger; Fitzgerald City Schools ................................................... HB 1709

BERRIEN COUNTY Homestead Exemption; school district; elderly; referendum .................. HB 1695 Magistrate Court; chief magistrate; salary .................................. HB 1832

BIBB COUNTY Board of Commissioners; recall procedures ................................. HB 1745 Macon-Bibb County Water, Sewerage Authority; compensation, pension plan SB 661

BIDS (See Contracts or Transportation)

BILLIARD ROOMS

Licenses; county governing authority issuance

HB 1496

Municipalities; applicability of chapter ...................................... SB 512

BLACK, TONYA; National 4-H Championship; commend ...................... SR 315

BLIND PERSONS (Also See Handicapped) Advisory Commission on Programs for the Blind; create ...................... SB 318 Honorary Fishing Licenses; reciprocity adjoining states ...................... HB 1244

BOATS

Commercial Fishing; illegal fishing, shrimping; penalties ...................... HB 912

Flotation Devices; canoes, kayaks, John boats; require occupants

SB 605

Marine Toilets; water pollution regulations; sewage; prohibitions .............. HB 308

Marine Transportation; Captive Insurance Company Act; enact

SB 635

Numbering; personal flotation devices; muffle devices; noise tests

HB 1596

Volunteer Safety Programs; nonprofit; liability.............................. HB 1335

BOMBS False or Facsimiles; prohibitions; penalties .................................. HB 601 Rail Vehicle Hijacking; explosives; weapons; penalties ....................... HB 1629

BONDS

Contracts for Public Works; bid bonds or other security ...................... HB 636

Criminal Cases; bail; deposits; hearings; forfeiture procedures

SB 8

Criminal Cases; bail jumping; felony; misdemeanor

HB 768

Criminal Cases; bail; out-of-state bail jumping; penalties...................... SB 163

Criminal Cases; forfeiture; Sheriffs Retirement Fund

HB 719

Criminal Procedure; drug trafficking, child molestation cases

HB 776

Criminal Procedure; notify surety of arraignment date........................ HB 117

Elections Date; county-wide or school bonds; certain county ................. HB 1218

Georgia State Financing and Investment Commission; contracts with

State Tollway Authority ................................................ HB 1769

Lenox Park Community Improvement District; sales ........................ HB 1688

Local Governments; study to develop report requirement procedures

SR 380

Mechanic's or Materialmen's Liens; bond amount for release

SB 340

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INDEX

2491

BONDS (Continued)

Mortgage Revenue; housing and urban residential finance authorities ........ HB 1499

Mortgage Revenue; urge Congress extend housing financing program........... SR 281

Mortgage Revenue; urge Congress extend housing financing

SR 295

Performance; private persons processing vehicle registrations ................. HB 1382

Proceeds; expenditures; certain populated counties

... SB 537

Revenue; local development authorities; investment authorization ............. SB 327

Revenue; Private Colleges Authority; Georgia Student Finance Commission SB 371

Revenue; public facilities; subject voter approval

SR 167

Revenue; state bonds; limit federal tax; constitutional convention .............. SR 44

Rural Area Pool Allocation; transfer of funds; exempt facilities................ SB 637

BOURNE, DR. HENRY CLARK, JR., GEORGIA TECH; commend

SR 268

BOXING AND WRESTLING, STATE COMMISSION; create

HB 9

BRAME, VERONICA; serve as nurse in General Assembly medical aid station Page 31

BRAMLETT, KIM, NATIONAL BETA CLUB TALENT SHOW; commend

SR 261

BRANTLEY COUNTY

Development Authority; membership

HB 1914

Superior Court; change terms ............................................. HB 1540

BRIDGES (See Highways, Bridges and Ferries)

BROOKS, DAVID; Second Mount Vernon Baptist Church; commend

SR 286

BROOKS, GREGORY STEVEN; commend

SR 328

BROOME, HUGH D.; State Transportation Board; commend

SR 389

BROUN, MRS. PAUL C. "Libby" OF ATHENS; condolences

SR 390

BROUN, SENATOR PAUL; excused during hospitalization ................. Page 30

BROWN, HARVEY R.; Macon; commend

SR 484

BROWN, M. PARKS; express tribute to ...................................... SR 343

BROWNSVILLE BAPTIST CHURCH CENTENNIAL; recognize ............... SR 493

BRUNSWICK, CITY OF

Birthplace of Brunswick Stew; recognize .................................... SR 433

Brunswick-Glynn County; sewage system, continue in force ................... HB 510

Brunswick Port Authority; convey to Georgia Ports Authority................. SB 504

Georgia Ports Authority; property transfer from Brunswick Port Authority . .... SB 502

Municipal Port and Terminal Facilities; continue in force

HB 511

BUDGET (See Appropriations and Fiscal Affairs)

BUILDING AUTHORITY, GEORGIA

Childs, Peggy M.; portrait in Legislative Office Building

HR 699

Georgia Building Authority (Hospital, Markets and Penal); membership

SB 419

Hospitals; prohibited property sales

HB 1365

Membership; remove attorney general. ...................................... SB 419

Offices and Facilities; committee to study long-range planning

SR 353

Sale of Real Property; prohibitions; General Assembly approval

SB 480

Smoking in Government Buildings; urge create designated areas

SR 435

Veterans Memorial Building, Floyd; Vietnam Memorial dedication ........... HR 664

BUILDINGS AND HOUSING (Also See Housing)

Aging Population; joint committee to study anticipated needs ................. SR 360

Atlanta Urban Enterprise Zone Act; residential; historic

HB 1634

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2492

JOURNAL OF THE SENATE

BUILDINGS AND HOUSING (Continued)

Authorities; cooperation; urban residential finance authorities

........ HB 1499

Authorities; counties; commissioners; terms of office .......................... SB 332

Construction Activity Prohibited, Abandoned Landfills ....................... SB 175

Construction Activity Prohibited, Abandoned Landfills Act of 1988 ...... HB 435

Discriminatory Practices; fair housing laws .................................. HB 430

Handicap Accessibility; single-family residences; urge home builders .......... .HR 721

Handicap Accessibility to Parking Lots, Garages and Spaces ......... SB 36

Handicapped Facilities, Spaces; standards; renovation; permits ......... SB 608

Homeless, State Housing Trust Fund; constitutional amendment .............. HR 587

Homeless; State Housing Trust Fund for the Homeless Act; enact

HB 1339

Housing Authorities; investigations; subpoenas; failure to comply .............. SB 487

Housing Authorities; subpoenas; failure to comply; penalty .................. HB 1249

Housing; multi-unit dwellings; cable TV service............................... SB 16

Mobile Home Parks; right of owners, tenants; land transactions ............... SB 237

Mortgages; moderate income families; urge Congress extend bond program .... SR 281

Mortgages; moderate income families; urge Congress extend revenue bonds..... SR 295

Portable Buildings; vehicles transporting; load permits ...................... HB 1548

Public Housing; fraudulently obtaining; penalties ............................ SB 488

Residential; Atlanta Urban Enterprise Zone Act; enact ..................... .HB 1634

Residential Finance Authority; multifamily rental units; mortgage credit

certificates; co-insurance; allocation; powers ............................... SB 479

Residential Property; foreclosure fraud; penalties ............................ SB 647

Residential Zones; Urban Enterprise Zones; restrictions; repeal

...... .HB 1787

Smoke Detectors; require in buildings with sleeping accommodations

.... .HB 311

Smoking In Government Buildings; designated areas; urge create .............. SR 435

Smoking in Public Places; prohibitions; designated areas ..................... SB 481

State Office of Housing; transfer to Residential Finance Authority ......... SB 479

Structural Inspections; single-family dwellings; requirements .................. SB 310

Unfit for Human Habitation; health hazards; nuisance abatement ............ HB 1650

Urban Residential Finance Authorities for Large Municipalities .............. HB 1501

Utilities; suspension during dispossessory proceedings ........................ SB 248

Water; residential service to elderly; disconnect limitations ................... SB 427

BULLINGTON, R. M., United Transportation Union; commend ................ SR 340

BULLOCH COUNTY Board of Commissioners; chairman, members; compensation ................. HB 1796 Coroner; change compensation ............................................ HB 1855 Probate Court; clerk; part-time employees; compensation .................... HB 1758 Sheriff; deputies and clerk; compensation .................................. HB 1760 State Court; judge, solicitor; change compensation .......................... HB 1856 Superior Court; employees of clerk; compensation........................... HB 1759 Tax Commissioner and Assistants; compensation............................ HB 1761

BUMPER STICKERS; profane, lewd words; prohibit on motor vehicles ....... HB 172

BURKE COUNTY; state court; judge and solicitor; compensation ..... HB 1757

BURROUGHS, JAMES; legislative intern; commend ........................... SR 426

BURRUSS, A.L. "AL" CORRECTIONAL TRAINING CENTER; designate Forsyth, Monroe Counties ......................................... HR 46

BUSES Equipment; colored flasher lights; change requirements ........................ SB 90 Motor Carrier Registration; subject municipal regulation...................... HB 743 Passenger Safety Act; provisions applicable to rail vehicles ................. .HB 1629

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INDEX

2493

BUSES (Continued) School Bus Drivers; increase minimum salary............................... HB 1692 School; speed limits ...................................................... HB 1443
BUSINESS COUNCIL OF GEORGIA; Child Advocacy Programs; urge corporate/industry participation ............................................ SR 432
BUSINESS (See Commerce and Trade or Professions and Businesses)
BUTLER, CITY OF; new charter; incorporation; boundaries; powers ......... .HB 1810
BUTTERFLY, TIGER SWALLOWTAIL; designate as state symbol ........ SB 449
BUTTS COUNTY; board of commissioners; powers, duties; county manager HB 1837
BYRON, CITY OF; redevelopment powers; referendum ................. .HB 1569

CALLAWAY, ANGIE; compensate ........................................ .HR 588

CAMDEN COUNTY; designate Kenneth McCarthy Bridge on Pine Isle Road, 1-95 .....................................................................HR 549

CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics or Elections)

Campaign Financial Disclosure; records; reports; certain persons............... SB 564

Contributions; insurance commissioner prohibitions

.............. SB 76

Contributions; insurance commissioner prohibitions ........................... SB 18

Contributions; insurers, industrial loan licensees; prohibitions ............. SB 539

Contributions; limit monetary amounts; transfer excess funds ................. SB 234

Contributions; redefine; recall; reports; complaints ............................ SB 97

County and Municipal Elected Officials; defined ............................. SB 309

CAMPBELL HIGH SCHOOL SEVENTH GRADE FOOTBALL TEAM; commend ........................................................... SR 478

CANDIDATES (See Elections)

CANDLER COUNTY; state court; solicitor's secretary; compensation ......... HB 1805

CAPITAL PUNISHMENT (See Death Penalty or Courts)

CARNIVAL RIDE SAFETY ACT; inspection certificates; permits; accident reports; cessation ................................................. SB 544

CARPET EXPOSITION CENTERS Community Affairs Department; powers; authority; contracts................ SB 475 Dalton Carpet Exposition; appropriations; supplemental FY 1987-88 ......... HB 1267 Trade Center Facilities; grants to local governments; exclusion .............. .HB 1036

CARR, CINDY; condolences ................................................. SR 457

CARROLL COUNTY Coweta Judicial Circuit; superior court terms, change ....................... HB 1427 Magistrate Court; chief magistrate; qualifications ........................... HB 1881 Superior Court; terms .................................................... HB 1427 West Georgia Regional Water Authority Act; creation ....................... HB 1156

CARROLLTON Central of Carrollton Football Team; recognize .............................. SR 330 High School Debate Team; commend ....................................... SR 437

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2494

JOURNAL OF THE SENATE

CATOOSA COUNTY Board of Commissioners; creation ......................................... HB 1775 Board of Utilities Commissioners; method of selection ....................... HB 1836 Probate Court; increase clerical allowance .................................. HB 1789
CEDARTOWN JUNIOR SERVICE LEAGUE; commend ....................... SR 505
CELLULAR PHONE SERVICES; emergency "911" calls; fees prohibited .... SB 484
CEMETERIES Abandoned; preservation, protection by counties ............................ HB 1594 Georgia War Veterans Cemetery; establish .................................. SB 359
CENTERVILLE, CITY OF; corporate limits; define ........................ HB 1838
CENTRAL STATE HOSPITAL; education supervisor, principal; former teachers; salary .................................................... SB 595
CERTIFICATE OF NEED Clinical Health Services; acute care hospitals; exemptions..................... SB 398 Health Care Certificate of Need Study Committee ............ SR 461 Hospitals; grants; conditions; trust funds for indigent care .................... HB 708
CHAPLAINS OF THE DAY Abbott, Reverend Evan A. "Bud" ........................................ Page 225 Alien, Right Reverend Frank ............................................ Page 846 Beacham, Reverend Doug................................................ Page 473 Bernard, Reverend Edwin ............................................... Page 177 Cook, Reverend Jimmy .................................................. Page 654 Corley, Reverend William C., Sr. ........................................ Page 1183 Culbreth, Reverend Charles A., Jr. ........................................ Page 30 Davis, Reverend John A. ................................................ Page 289 Deal, Senator Nathan .................................................. Page 2011 Dean, Senator Nathan.................................................. Page 2230 Dews, Reverend Tom ................................................... Page 334 Diefendorf, Chaplain Karen .............................................. Page 132 Drummond, Reverend Ferrell ............................................ Page 441 Flemming, Reverend Timothy............................................. Page 53 Foster, Senator John C. ................................................ Page 1652 Furr, Dr. Gary. .......................................................... Page 82 Garrett, Reverend Dan .................................................. Page 696 Guy, Reverend William V. .............................................. Page 1388 Hall, Reverend Dave ................................................... Page 1041 Hollingshed, Reverend Leon ............................................ Page 1312 Horton, Reverend Melissa G. ............................................ Page 289 Hudson, Dr. Alvin L..................................................... Page 992 Hudson, Reverend Woodrow .............................................. Page 30 Hughes, Reverend Wayne................................................ Page 949 Huyck, Reverend Albert................................................ Page 1471 Kieran, Father Richard A. .............................................. Page 1091 Langford, Senator Arthur, Jr. ........................................... Page 1233 Nelms, Reverend Steve .................................................. Page 790 Preston, Reverend Thomas B............................................ Page 1561 Simmons, Reverend John ................................................. Page 45 Sloane, Reverend Bruce ................................................. Page 193 Smith, Reverend Bobby ................................................. Page 392 Smith, Reverend Carl ................................................... Page 515 Thurman, Reverend Gerald .............................................. Page 740
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INDEX

2495

CHAPLAINS OF THE DAY (Continued) Weaver, Reverend Mark ................................................. Page 147 Williams, Dr. J. Thornton ............................................... Page 573 Williams, Reverend W. Clyde ........................................... Page 1843 York, Reverend David.................................................... Page 66

CHARITABLE ORGANIZATIONS (See Corporations or Nonprofit Organizations)

CHARITABLE SOLICITATIONS ACT OF 1988, GEORGIA; enact

HB 1324

CHARLTON COUNTY; board of education; elections; districts ............ .HB 1157

CHATHAM COUNTY

Ad Valorem Tax; commission to study homestead exemptions................. HR 652

Ad Valorem Tax; determination of millage rates ............................ HB 1533

Benjamin M. Garfunkel Bridge; designate Wilmington River, Thunderbolt

HR 800

Board of Commissioners; meetings; agenda; budget requests

HB 1532

Chatham Area Transit Authority; contracts; charter service .................. HB 1901

Chatham-Savannah Youth Futures Authority Act; creation .................. HB 1323

County Officials; compensation; change certain officials ...................... HB 1481

Property Conveyance; to commission for jail facility, road easement ........... HR 756

Property Tax Assessment; committee to study procedures

HR 628

Tax Commissioner; office supplies; equipment; employees .................... HB 1070

CHATSWORTH, CITY OF; designate Hill Wilbanks Memorial Bridge ........ SR 245

CHATTAHOOCHEE COUNTY County Library; urge designate for Juliette Patterson ........................ SR 487 Reapportionment; Senate District 15; composition ........................... SB 582

CHATTAHOOCHEE JUDICIAL CIRCUIT; Chief Judge John Land; commend upon retirement ................................................. SR 334

CHATTANOOGA, TENNESSEE; sale of certain railroad leased property

HR 578

CHATTOOGA COUNTY Forest Hays, Jr. Correctional Institution; designate at Pennville ............... HR 620 State Court; judge, solicitor; change compensation ......................... .HB 1884

CHEROKEE COUNTY

Designate; Moore's Mill Bridge over Shoal Creek, State Highway 108 .......... HR 551

Homestead Exemption; school tax; referendum ............................. HB 1659

State Court; judge, solicitor, clerk; qualifications; compensation .............. HB 1801

Water and Sewerage Authority; members; compensation; revenue bonds

HB 1826

CHEROKEE JUDICIAL CIRCUIT

Assistant District Attorney; duties; salary; staff; Bartow, Gordon Counties

SB 686

District Attorney; salary supplement; Bartow, Gordon Counties ............... SB 685

CHERRY BLOSSOM FESTIVAL OF MACON; officials, introduction

Page 393

CHICOPEE WOODS AREA PARK COMMISSION ACT; enact

HB 1784

CHIEFTAINS TRAIL; designate certain roads in northwest Georgia .......... HR 708

CHILD ABUSE (Also See Minors)

Child Abuse Prevention; relative to Children's Trust Fund ................... SR 462

Child Pornography; possession unlawful, definitions ........................... SB 67

County Protocol Committees; additional members

SB 640

Molestation; not bailable offense; superior court jurisdiction .................. HB 776

Reports; contents; child-counseling, child service personnel................... HB 1355

Reports of Child Abuse; prohibit employer retaliatory actions

SB 665

Sexual Offenses; change age of consent to under 17 ............................ SB 5

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2496

JOURNAL OF THE SENATE

CHILD CARE CENTERS (Also See Day Care Centers or Personal

Care Homes)

Employee Records Check; crimes against minors; daycare centers

HB 1216

Location of; residential facilities; prohibit public hearings

SB 114

Religious Nonprofit; preschool programs; licensure; inspections ................ SB 111

Space Requirements ...................................................... SB 526

Space Requirements; exception, designated time period...................... HB 1306

CHILD SUPPORT

Enforcement; DHR; reimbursement for attorney's fees

SB 272

Enforcement; interest on judgments; collection of ............................ SB 271

Enforcement Proceedings; immunity, court witnesses ......................... SB 270

Parent's Duty of Support; mentally, physically disabled minors

SB 35

Substandard Support Requiring Public Assistance; parent's liability

SB 269

CHILDREN AND YOUTH COMMISSION, GEORGIA

Creation of; powers; duties; memberships

HB 1371

Relative to; urge establish local commissions ................................ SR 448

CHILDREN (See Minors)

CHILDS, HONORABLE PEGGY M.; portrait in Legislative Office Building ................................................................. HR 699

CHIROPRACTORS

Georgia Board of Chiropractic Examiners; extend to 1994

HB 1349

Patient's Health Records; prohibit destroy, alter, falsify ..................... HB 1598

Scope of Practice; education; ancillary procedures

SB 235

Scope of Practice; redefine; ancillary procedures; injury; actions

SB 443

Vitamins, Minerals, Food Supplements; recommending use of ................ HB 1243

CHURCHES

Homeless; programs of religious institutions; trust fund proceeds .............. HR 587

Preschool Programs; licensure; fire, health inspections

SB 111

Vehicles Transporting Children; seat belt requirements

HB 71

Wine or Malt Beverages; prohibit sales near certain buildings

SB 49

CITIES (See Municipalities or Local Government)

CIVIL ACTIONS (Also See Civil Practice or Torts or Courts)

Asbestos; recovery actions for removal; revive period; limits ................... SB 649

Damage or Theft of Personal Property; owners; actions to recover

HB 1538

Dogs; negligence claims for death or injury to llamas, alpacas

HB 1311

Estates; grounds for personal jurisdiction over nonresidents

SB 396

Magistrate Courts; fees; judgments; jurisdictional amount.................... HB 1391

Out-of-State Actions by Nonresidents; jurisdiction declined

HB 1231

Production of Documents; confidentiality; mental health records

HB 1301

Seat Safety Belts; recovery of damages; failure to wear ........................ SB 64

Superior Courts; clerks; fees; listings, Code references

HB 1635

Unlawful Business Practices; actions for damages; orders; appeals ........... .HB 1405

CIVIL DEFENSE (See Emergency Management)

CIVIL PRACTICE (Also See Courts)

Alcoholic Beverages; furnishing to minors; parent right of action

HB 1123

Alcoholic Beverages; liability for acts of intoxicated persons

HB 1495

Appeals; final orders of Human Resources Department; jury trials

SB 321

Appeals to Superior Courts; trial without jury; consent ....................... SB 492

Arbitration; extensive Code revision

SB 73

Arbitration; medical malpractice claims for damages; procedures

SB 374

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INDEX

2497

CIVIL PRACTICE (Continued)

Asbestos; actions against manufacturers, suppliers; revival .................... SB 649

Court Costs; auditors and special masters; fees; assessment ................. HB 1545

Depositions; challenging mental competency to be executed ................... HB 878

Depositions; recording or video taping procedure.............................. SB 46

Family Violence; relief petitions; allegations ................................ HB 1399

Foreign Money Judgments; riling fees ...................................... HB 1635

Forum Non Conveniens; out-of-state actions by nonresidents................. HB 1231

Habeas Corpus Clerk for Certain Judicial Circuits; number of writs ........... SB 388

Judicial Sales; property under execution; time of conducting

SB 158

Malpractice; summary judgment; affidavit of conduct; motions

SB 347

Nonprofit Athletic Programs; torts, liability limitations ........................ SB 50

Probate Courts; jury trials in counties over 100,000 .......................... SB 411

Probate Courts; jury trials in counties over 100,000 .......................... SB 412

Probate Courts; jury trials in counties over 100,000 ........... SB 413

Production of Documents; confidentiality; mental health records

HB 1301

Property Foreclosure; writ of possession; summons; answer ................... SB 610

Property; willful damage or theft offense; civil actions ....................... HB 1538

Radio or Television Broadcasts; libel actions; evidence; damages

SB 343

Seat Belt Usage; damages; evidence......................................... HB 751

Tort Reform; revisions, immunity from liability; awards for damages

SB 1

Torts; employers' liability for independent contractors' actions ................ SB 207

Wills; federal marital deduction formulas ................................... SB 255

Witnesses; influencing; threats; penalty .................................... HB 1577

Wrongful Death of Parent; child may bring action ........................... SB 259

CLARKE COUNTY Airport Authority; creation ................................................ SB 245 Classic Center Authority for Clarke County; creation ........................ HB 1609

CLAXTON HIGH SCHOOL BASKETBALL TEAM; commend ................. SR 506

CLAY COUNTY; Lake Walter F. George; designate new state park for George T. Bagby ........................................................ ,HR 696

CLAYTON, CITY OF; city elections; change date in December ............... SB 623

CLAYTON COUNTY

Board of Commissioners; chairman, members; compensation ................. HB 1888

Board of Education; members; number; referendum ......................... HB 1887

Clayton Judicial Circuit; court reporters; compensation ...................... HB 1862

Community Improvement Districts Act; create .............................. HB 1121

Coroner; compensation ................................................... HB 1858

Homestead Exemption; school district taxes; referendum

HB 1410

Motor Vehicle Registration; staggered tag sales; referendum.................. HB 1409

Probate Court; judge; change compensation ................................ HB 1860

School Superintendent; appointment; referendum

HB 1861

State Court; additional judge; appointment................................. HB 1900

State Court; judge, solicitor, deputy clerk; compensation..................... HB 1864

Superior Court; clerk, deputy clerk, sheriff; compensation.................... HB 1859

Tax Commissioner and Deputy; compensation .............................. HB 1863

CLAYTON JUDICIAL CIRCUIT; court reporters; compensation ........... HB 1862

COASTAL ISLANDS AND MARSHLANDS Commercial Fishing; illegal fishing, shrimping; penalties ...................... HB 912 Fire Protection; permits for burning woods, lands, marshes .................... HB 34 Oysters and Clams; closed seasons ......................................... HB 1794

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2498

JOURNAL OF THE SENATE

COASTAL ISLANDS AND MARSHLANDS (Continued) Submerged Cultural Resources; permits for investigation; divers ............... SB 503
COBB COUNTY Bond Proceeds and Contracts; additional requirements ....................... SB 537 Children and Youth Commission; creation; powers and duties ................ HB 1625 Civil Service System; classified and unclassified positions ................... .HB 1705 Cobb County-Marietta Water Authority; hydroelectric facilities .............. HB 1616 Cobb Judicial Circuit; district attorneys; investigators; supplement ........... HB 1633 Committee to Study; land use plans; governmental services ................... SR 415 Community Improvement Districts; redefine; extend/terminate procedures; tax cap; administrative board ............................................ SB 645 Designate; Arthur T. Bacon Bridge, Atlanta Road at Windy Hill Road ........ SR 356 Director of Juvenile Court Services; appointment; compensation.............. HB 1687 Homestead Exemption; disabled, certain income ............................ HB 1895 Homestead Exemption; school tax; disabled, certain income.................. HB 1894 Juvenile Court; judge; compensation ....................................... HB 1886 Magistrate Court; qualifications ............................................ SB 684 Motor Vehicle Registration; staggered tag sales; referendum. ................ .HB 1912 Probate Court; judge and clerk; compensation ............................... SB 671 Senate Committee to study land use plan, governmental services .............. SR 497 State Court; clerk and deputy clerk; change compensation ................... HB 1874 State Court; costs, change certain provisions................................ HB 1841 State Court; judges; change compensation .................................. HB 1885 State Court; judges of second division; compensation ......................... SB 680 State Court; solicitor and assistants; compensation .......................... HB 1771 Superior Court; clerk and deputy; sheriff, personnel; salary ................... SB 657 Tax Commissioner; chief clerk; compensation; vacancies ..................... HB 1891 Tax Commissioner; executive secretary; compensation ....................... HB 1706 Transportation Service Contracts, MARTA; financing; tax; referendum........ HB 1513
COBB JUDICIAL CIRCUIT District Attorney, Assistants, Investigators; county supplement............... HB 1633 Superior Court; judges, chief judge; salary supplement. ....................... SB 616
COCA COLA CHORUS; attending Olympics in Calgary, Canada, introduction. . Page 494
COCAINE (Also See Controlled Substances or Drugs) Controlled Substances; include Schedule II listing........................... HB 1388 Drug Trafficking; mandatory imprisonment.................................. SB 214 Trafficking; "crack"; free base cocaine; penalties ............................. SB 209
CODE OF GEORGIA Committee to Summarize Constitutional Amendments; membership ........ SB 419 Constitution Commission; renumber, redesignate, rearrange provisions .......... HR 16 Elections, Title 21; revisions, corrections ..................................... SB 97 Georgia Business Corporation Code; extensive revision ...................... HB 1272 Illegitimate, Bastard; replace terms in Code ................................ HB 1612 Population Bills; redefine; classification by population ...................... .HB 1872 Probate Courts; counties provide copy for judges; costs ....................... SB 412 Publication of Acts; indexing services; Legislative Counsel ................... HB 1223 Revisions; correct errors, omissions; reenact statutory portion ............... .HB 1229 Sexual Exploitation of Children; correct typographical errors................. HB 1226 Soil and Water Conservation Commission; correct certain references ......... HB 1402
COFFEE COUNTY; health insurance; commissioners; county officers; employees ................................................................ HB 808
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INDEX

2499

COLLEGES AND UNIVERSITIES (Also See Education or University System)
Athlete Agents Regulatory Act of 1988; enact................................ SB 423 Athletic Events; Public Safety Officers, Uniform Division; duties ......... SB 417 Federal Employees; disqualified unemployment compensation ................. SB 491 Foreign Language Institute; contract for instructional services................. SB 291 Hazing; clubs, fraternities, sororities; prohibit; penalty....................... HB 1662 Housing Occupied by Students; Urban Residential Finance Authorities .... HB 1501 Laboratory, Equipment, Rehabilitation Technology, Eminent Scholars
Endowment Study Committee............................................ SR 407 Liability; medical, dental and nursing students; tort immunity .............. .HB 1549 Postsecondary Vocational Education Laboratory, Equipment, and
Library Research Needs Study Committee ................................ SR 248 Private; define under Tuition Equalization Grant program ................. SB 152 Private; student loan revenue bond authority; use of proceeds................. SB 371 Private; tuition equalization grants; delinquent youth, inmates ................ SB 424 Retirees; certain community colleges; health insurance........................ SB 316 Technical and Adult Education Department; retirement provisions .......... .HB 1779 University Status; recommend for Georgia Southern, Valdosta State ........... SR 337 University Status; urge for two south Georgia colleges ........................ SR 336 University System; education faculty; urge schools participate................. SR 363 University System; faculty; public school teaching requirement................ SB 567 University System; payroll deductions; contributions; dues ................... HB 1228 Veterinary Faculty; licenses ............................................... HB 1209
COLUMBIA COUNTY Board of Commissioners; chairman and members; salaries; powers ........ HB 1791 Homestead Exemption; elderly residents; referendum........................ HB 1792 Tax Commissioner; change compensation................................... HB 1793
COLUMBUS, CITY OF; Tax Assessors Board for the Consolidated Government ............................................................. HB 1421
COMER, CITY OF; councilpersons; elections; districts ....................... HB 1800
COMMERCE AND TRADE (Also See Professions and Businesses) Alcoholic Beverages; nude, sexual conduct prohibited where sold .............. HB 516 Alcoholic Beverages; nude, sexual conduct prohibited where sold .............. SB 372 Alcoholic Beverages; retail dealers; warning signs; pregnancy .................. HB 431 Alcoholic Beverages; retail sales; sellers duty; verify age, ID.................. HB 1322 Alcoholic Beverages; sales, serving, furnishing; persons liable ................. HB 1495 Alcoholic Beverages; Sunday sales; municipal entertainment districts ......... HB 1848 Alcoholic Beverages; Sunday sales; special entertainment districts ............. SB 673 Amusement Parks; metal detectors to detect concealed weapons............... SB 466 Arbitration Code; applicability; international transactions ................ SB 73 Beer or Wine Sales; prohibit near certain buildings; exceptions................. SB 49 Business Acquisitions; prohibitive actions ................................... SB 524 Business Closings; damage actions; development authorities ............. SB 525 Business Licenses; county assessment of fees, taxes; criteria.................. HB 1657 Business Mergers, Consolidations, Combinations; shareholder actions ........ .HB 1571 Check or Money Order Sellers; cashing or redemption requirements ........... SB 288 Code Revisions, Corrections............................................... HB 1229 Commodity Merchants; regulate; contracts; futures; precious metals .......... HB 1366 Consumer Advisory Board; membership ..................................... SB 419 Employees; dissemination of criminal history records; conditions .............. HB 312 Export Finance Fund Program; create; domiciled corporations ............ HR 659
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2500

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued) Fair Business Practices Act; advertising for calls to 976 numbers ............. HB 1497 Fair Business Practices Act; damage actions; injunctions; orders; procedures; appeals; investigative demands; penalties ................................. HB 1405 Fair Business Practices Act; loans to debtor homeowners; misrepresentation .SB 648 Fair Business Practices Act; professional fundraisers; solicitors .............. .HB 1324 Gasoline Distributors; change excise tax imposed on motor fuel ............... HB 191 Gasoline Service Stations; air, water facility requirements..................... SB 425 Gasoline Service Stations; dispensing to handicapped persons ................. SB 574 Georgia Business Corporation Code; extensive revision ...................... HB 1272 Hotel and Motel Franchise Agreements; committee to study .................. SR 220 Insurance Companies and Agency Contracts; cancellations .................... SB 538 Interstate, Intrastate Commodities; regulate motor carriers................... HB 1282 Inventories; freeport exemption; manufactured, produced products............. SB 622 Inventory Assessment Dates; ad valorem tax; constitutional amendment ........ SR 11 Inventory Assessment; new business enterprises; ad valorem tax................ SB 48 Manufacturer's Rebate on Merchandise; redemption; vendors ................. SB 600 Manufacturers; product liability; punitive damages; exceptions ................ SB 307 Manufacturers; product liability; "use intended" conditions ................... SB 584 Minority Subcontractors; local government contracts; tax incentive ............ SR 476 Motor Vehicle Dealers; redefine prohibited deceptive practices ................ SB 257 Motor Vehicles, New Dealers; registration; business site ...................... SB 458 Motor Vehicles, New Dealers; registration; place of business ................. HB 1729 Motor Vehicle Sales; owner change standardized color, remove logo............ SB 632 Motor Vehicles Sales Finance Act; subleases; vehicles for hire ................ HB 1449 Multilevel Distribution Companies; business opportunity sellers .............. HB 1565 Partnerships; Georgia Revised Limited Partnership Act; enact ................ HB 924 Petroleum Marketing Study Committee; create .............................. SR 408 Private Enterprise, Government Competition, Joint Study Committee .......... SR 79 Promotional Giveaway or Contests; deceptive schemes; prizes ............... .HB 1370 Promotional Giveaway or Contests; prohibit conducting ...................... SB 529 Restaurants; drinking water; prohibit charge for ............................. SB 445 Retailers; consumer warranty agreements; surety insurers ..................... SB 589 Revolving Charge Accounts; maximum monthly finance charges ............... SB 568 Roadside Markets; agricultural products; nuisance actions .................... SB 570 Sales Seminars, Meetings; deceptive trade practices; false statements ........... SB 52 Securities; registration exemptions certain sales transactions ................... SB 79 Security Investment Advisory Businesses; regulation of ...................... HB 1566 Service Marks; counties and municipalities; registration ...................... SB 558 Small Business Development; loans; Seed-Capital Fund....................... HR 552 Small Business; entrepreneurial assistance; committee to study ................ SR 471 Small Minority Business Corporations; creation .............................. SB 569 Small Minority Business Development Corporations; creation ............... .HB 1310 State Projects; committee to study "contracting out" policy................... SR 384 Telephone Service; customer preference ballot; 976 exchange .................. SB 454 Telephone Solicitors; magazine, book subscriptions; prohibitions............... SB 575 Telephones; automatic dial, recorded messages; regulate; permits ............... SB 17 Telephones; soliciting calls to 976 numbers; deceptive practices .............. HB 1497 Telephones; soliciting calls to 976 numbers; penalties........................ HB 1284 Theaters; motion picture bidding procedures; repeal Act...................... SB 634 Ticket Agents for Athletic Events; service charges; increase .................. HB 1724 Tobacco Sales; pesticide treatment; detention, condemnation................. HB 1266 Toxic Substances; hazards in workplace; notify fire departments............... SB 137 Trade Center Facilities; local government grants; certain exclusion .......... .HB 1036
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INDEX

2501

COMMERCE AND TRADE (Continued)

Trade Centers; World Congress Center contracts with local governments ...... HB 1035

Used Car Sales; fraudulent practices; odometer tampering

HB 1304

Used Car Sales; retail agreements; cancellation procedures .................... SB 447

Vehicle Leasing, Rentals; collision damage waivers; contracts................. HB 1641

Warehousemen; licensure; multiple operations; financial records ............... SB 441

Warehousemen; receipts; signatures ......................................... SB 571

COMMISSIONS, BOARDS

Accountancy, State Board of; enforcement of regulations; persons ............ HB 1352

Accountancy, State Board of; extend to 1994 ............................... HB 1454

Ad Valorem Assessment Review Commission; property tax digests ............ HB 1279

Agrirama Development Authority; travel expenses............................ HB 303

Area Planning and Development Commissions Joint Study Committee

SR 264

Arts, Council for the; establish development fund; powers .................... SB 400

Athlete Agents Regulatory Commission; creation ............................. SB 423

Atlanta Market for Georgia Farm Products Authority; creation................ HB 303

Atlanta Market for Georgia Farm Products Authority; creation................ SB 320

Attorney General; membership ............................................. SB 419

Attorney General; membership; removal; amend Constitution

SR 247

Authorities; obstruction of public administration; fraud....................... SB 489

Blind, Advisory Commission on Programs for; create ......................... SB 318

Boxing and Wrestling Commission; create ..................................... HB 9

Chatham County Homestead Exemption Study Commission .................. HR 652

Chatham-Savannah Youth Futures Authority Act; creation .................. HB 1323

Children and Youth Commission; creation of ............................... HB 1371

Children and Youth Commission; relative to................................. SR 448

Cobb County Commission on Children and Youth; creation .................. HB 1625

Community Affairs Board; continuation; duties, powers ....................... SB 475

Community Education and Development Advisory Council; create ............. SB 433

Community Education and Development Advisory Council; creation of........ HB 1488

Compensation Commission; State officers' salaries............................ SB 553

Constitution Commission; create to correct duplicate numbering................ HR 16

Consumer's Insurance and Utility Counsel; powers, functions

SB 467

Contracts for Vendor Purchases; prompt payment method; interest

SB 618

Conyers-Rockdale County Charter Commission; creation ...................... SB 566

Coroner's Training Council; change membership .............................. SB 70

Corrections; contracts; commissioner's authority ............................. SB 472

Crime Victims Compensation Board; creation................................ SB 431

Criminal Justice Coordinating Council; additional member .................... SB 430

Criminal Sanctions and Correctional Facilities Commission

SR 300

Education, State Board; General Assembly elect; amend Constitution .......... SR 142

Emergency Medical Services Systems Councils............................... SB 315

Engineers and Land Surveyors Registration Board; extend to 1994; members HB 1503

Foreign Language Institute; create.......................................... SB 291

Forestry, State Board of Registration; powers; extend to 1994 ................. SB 550

Gainesville Area Park Commission; name changed; Chicopee Woods Area

Park Commission Act; enact; membership increased

HB 1784

Hazardous Chemicals Advisory Council; creation of

HB 503

Health Insurance Pool Board; create; powers

SB 385

Hearing Impaired Programs Advisory Commission; create

SB 593

Immunity from Lawsuits; circumstances; procedures; insurance ................ SR 267

Members; daily expense allowance .......................................... HB 661

North Fulton County Incorporation Joint Study Commission ................. SR 106

Occupational Therapy, State Board of; extend to 1994 ...................... HB 1377

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2502

JOURNAL OF THE SENATE

COMMISSIONS, BOARDS (Continued)

Open Meetings Requirements .............................................. SB 436

Open Meetings; substantially revise requirements ............................ SB 394

Public Officials; General Assembly members; right to practice law

HB 369

Real Estate Commission, Georgia; extend to 1994

HB 1451

Regulatory Agencies; certain health related boards; continuation

HB 1349

Rural Development, State Advisory Committee; creation

HB 1260

Sanitarians, Board of Registered Professional; members; powers; duties

.SB 420

Soil and Water Conservation Committee; change name to "Commission"

HB 1402

Speech Pathology and Audiology, Examining Board; extend to 1993 ........... HB 432

State Bar; establish Board of Governors; amend Constitution

SR 280

State Commission on Compensation; members; change salaries

HB 1414

State Housing Trust Fund Commission; establishment of; duties ............. HB 1339

State Mapping and Land Records Modernization Advisory Board

SB 437

State Medical Education Board; executive director .......................... HB 1483

State Officers Compensation Commission; amend Constitution ................ SR 323

State Officers Compensation Commission; creation of......................... SB 553

State Properties Commission; contracts; professional services................. HB 1395

Student Finance Authority; education trust program for AFDC children

SB 232

Subsequent Injury Trust Fund; board of trustees; membership

SB 547

Talmadge Tribute Commission; creation of .................................. HR 372

Technical and Adult Education, State Board; creation of .................... HB 1403

Transportation, State Board; membership; election; vote...................... SB 521

Used Car Dealers, State Board of Registration; extend to 1990

HB 1304

Water Wells Standards Advisory Council, State; legal services................ HB 1336

Workers' Compensation, State Board; decisions; appeals

HB 1438

Workers' Compensation, State Board; powers; personnel

HB 1437

COMMITTEES, SENATE STANDING; assignment changes . . . .Pages 19, 20, 21, 139

COMMITTEES, STUDY (Also See Commissions, Boards)

Aging Population; joint committee to study anticipated needs

SR 360

Alternative Sentencing for Youthful Offenders ............................... SR 395

Area Planning and Development Commissions Joint Study Committee

SR 264

Automobile Insurance, Joint Study Committee

SR 316

Big Haynes and Alcovy Watershed Protection Study Committee

HR 619

Chatham County Homestead Exemption Study Commission

HR 652

Chatham County Property Assessment Study Committee

.HR 628

Cobb County Joint Study Committee; create

SR 415

Cobb County Senate Study Committee

SR 497

Criminal Cases; Sentencing, Incarceration, Granting of Parole

SR 152

Economic Development; youth services; certain committees address

SR 470

Fraudulent Check Study Committee ........................................ SR 333

Government Competition with Private Enterprise; state projects

SR 384

Governmental Organization Study Committee ............................... SR 329

Head Injury Treatment and Rehabilitation Study Committee

SR 386

Health Care Certificate of Need Study Committee ........................... SR 461

Health Insurance Pool; Senate Insurance Committee study

SR 409

Health Related Professions; merge single regulatory agency

SR 332

Hotel and Motel Franchise Operation....................................... SR 220

Kidney Dialysis Centers; task force to study dialysis services.................. SR 272

Local Government Bond Debt; Community Affairs Department file report

SR 380

Medicaid Study Committee ................................................ SR 375

Medical Care Foundation; Medicaid, medicare contracts

SR 75

Metabolic Screening; mental retardation prevention; expansion

SR 400

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INDEX

2503

COMMITTEES, STUDY (Continued)

Minority Subcontractors; Senate Economic Development and Tourism

SR 476

Music Industry; interim committee, citizens' advisory council ................. SR 439

Organ Donor and Procurement Study Committee ............................ SR 410

Petroleum Marketing Study Committee ..................................... SR 408

Postsecondary Vocational Education Laboratory, Equipment, and Library

Research Needs Study Committee ........................................ SR 248

Private Enterprise; government competition impact, joint...................... SR 79

Public Safety Joint Study Committee on Communications

SR 417

Small Business Entrepreneurial Assistance for the Low-Income ............... SR 471

Solid Waste Management Study Committee ................................. SR 438

State Offices and Facilities; feasibility of long-range plan ..................... SR 353

State Parks System ...................... SR 402

Transportation Study Committee........................................... SR 443

University System Laboratory, Equipment, Technology,

Scholars Endowment

........ SR 407

COMMODITIES; regulate; merchants; contracts; futures; precious metals

HB 1366

COMMUNICATIONS FROM LT. GOVERNOR ZELL MILLER .................................... Pages 19, 20, 21, 139, 569, 570

COMMUNICATIONS FROM SECRETARY OF STATE ............... Pages 13, 15, 18, 92, 119, 315, 520, 774, 1075, 1457, 2221, 2416

COMMUNITY AFFAIRS DEPARTMENT

Commissioner; compensation ............................................... SB 553

Community Education and Development Act; enact

HB 1488

Community Education and Development Act; grants

SB 433

Continuation; duties, powers; advisory council; board ......................... SB 475

Local Government Bond Debt; develop reporting requirements ................ SR 380

Local Governments Finances Reports; authority withhold funds .............. HB 1420

Office of Housing; transfer to Residential Finance Authority .................. SB 479

Office of Rural Development; create within ................................. HB 1260

State Housing Trust Fund for Homeless; constitutional amendment .......... HR 587

State Housing Trust Fund for the Homeless Act; duties

HB 1339

State Mapping and Land Records Modernization Advisory Board

SB 437

Structural Inspectors; licensure, regulation .................................. SB 310

Trade Center Facilities; grants to local governments; exclusions

HB 1036

COMMUNITY EDUCATION AND DEVELOPMENT ACT Grants to County Boards of Education Grants to County Boards of Education; enact

SB 433 HB 1488

COMPENSATION COMMISSION, STATE Members; compensation .................................................. HB 1414 State Officers; salaries ..................................................... SB 553

COMPENSATION RESOLUTIONS

Callaway, Angie; compensate

HR 588

Harden, Greg; compensate

HR 573

Miller, Rebecca Jane; compensate

HR 705

Prince, Jack and Delta Y Corporation, Inc.; compensate

HR 749

Rogers, Curtis; compensate ................................................ HR 777

Strickland, Lorraine; compensate ........................................... HR 793

Underwood, Roger L.; compensate .......................................... HR 547

CONDITIONED AIR CONTRACTORS; licensure, examination exceptions SB 62

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2504

JOURNAL OF THE SENATE

CONDOMINIUMS; cable tv service; landlord; tenant; operators ................ SB 16

CONFLICTS OF INTERESTS (See Ethics or Elections)

CONGRESS, U.S. (Also See Federal Government) Constitutional Amendment; limit salary increases; urge ratify ................ .HR 282 Constitutional Amendment of 1789; ratify, limit salary increases .............. HR 282 Constitutional Amendment; ratify, compensate members, time-frame ........... SR 77 Constitutional Convention; limit tax interest income state bonds ............... SR 44 Federal Council on Children, Youth, Families; relative to passage ............. SR 463 Housing Financing; urge extend Mortgage Revenue Bond program............. SR 295 Housing; urge extend Mortgage Revenue Bond financing ..................... SR 281 Motor Fuel Tax; urge change local government pay/refund policy ............. HR 661 Motor Fuel Tax; urge exempt farmers for off-read uses....................... SR 370 Prisoners of War, Southeast Asia; urge effort secure release ................... HR 632 Tobacco Exports; urge Committee on Smoking and Health not impede ........ SR 366

CONGRESSMAN GEORGE "BUDDY" DARDEN; introduction and remarks . Page 832

CONNELL, JAMES G.; designate bridge in Cook County ....... SR 376

CONNELL, WESSIE G. OF GRADY COUNTY; condolences ................... SR 403

CONSERVATION AND NATURAL RESOURCES (See Natural Resources or Environmental Protection)

CONSTITUTION COMMISSION; creation of.............................. .HR 16

CONSTITUTIONAL AMENDMENTS

Ad Valorem Taxation; assessment dates for inventories........................ SR 11

Agriculture Commissioner; appointment by Governor ......................... SR 132

Appropriations; supplementary; emergencies, voting procedure ................. SR 86

Arts Development Fund; create, tax refund donations ....... SR 23

Attorney General; remove membership on State Financing and Investment

Commission; Constitutional Amendments Official Summary Committee ...... SR 247

Attorneys Who Are Public Officers; constitutional, statutory duties; rules

governing conflict of conduct............................................. SR 273

Constitution Commission; create to correct certain duplications ................ HR 16

Counties, Municipalities; expenditure increases by general Acts; effective

date; fiscal impact procedures; exemptions ................................ SR 396

Development Districts; ad valorem tax exemption incentives .................. SR 259

Drug Trafficking; mandatory prison sentence ................................. SR 21

Education, Commissioner of; create office; state board appoint ................ SR 270

Education; state board; elected by General Assembly ......................... SR 142

Education; state board; elected from each congressional district .............. .HR 665

Education; state school superintendent; state board appoint

SR 142

Export Finance Fund Program; creation of .................................. HR 659

General Assembly; members; four-year terms .................................. SR 7

Governor; change election and term of office to six years ...................... SR 16

Historic Properties, Areas; separate ad valorem tax valuation

SR 265

Homeless, State Housing Trust Fund; expenditures; programs

HR 587

Indigent Health Care Trust Fund; creation; expand Medicaid coverage

SR 350

Industrial Area Created by Local Law Located on Island; property taken

out of area; method of annexation; filing .................................. HR 792

Initiative Petition; statutes, amendments enacted by people.................... SR 41

Insurance Commissioner; provide for appointment by Governor ............... SR 130

Jurors; grand and trial; investigative; special trial districts; single,

multicounty judicial circuits............................................... SR 22

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INDEX

2505

CONSTITUTIONAL AMENDMENTS (Continued)

Jurors; grand and trial; selection; in death penalty and public officials

felony drug violations .................................................... SR 26

Jurors; grand, trial, select circuit-wide, create state-wide investigative

grand juries ............................................................. SR 14

Labor Commissioner; provide for appointment by Governor................... SR 131

Law, Practice of; Supreme Court regulate; membership requirements

... SR 275

Local Government Debt; temporary loans; special service districts ...... HR 626

Murder Convictions; life sentence; parole prohibitions ........................ SR 322

Official Summary Committee; remove Attorney General

... SR 247

Revenue Bills; certain legislation originate either Senate or House ............... SR 6

Revenue Bonds; public facilities; subject to voter approval.................... SR 167

School Superintendents; boards of education appoint......................... SR 129

Schools; local systems; other revenue sources; temporary sales tax

.... SR 361

Schools; local systems; revenue sources other than ad valorem tax ............. SR 284

Seed-Capital Fund; creation of; small business loans, investments ............. HR 552

Sovereign and Official Immunity of State from Suit; circumstances; procedures . SR 267

State Bar of Georgia; establish Board of Governors .......................... SR 280

State Officers Compensation Commission; establish; authority ................. SR 323

Traffic Violations; additional penalties; fund county jails, correction

and detention facilities .................................................. SR 347

U.S.; call constitutional convention, limit income tax state bonds ............... SR 44

U.S.; ratify 1789 proposal to limit congressional salaries ..................... HR 282

U.S.; ratify; compensate congressional members, election time-frame ............ SR 77

U.S.; urge ratify 1789 amendment; congressional salaries...................... HR 282

Victims of Crime Compensation Fund ...................................... SR 274

CONSTITUTIONAL OFFICERS (Also See Public Officers and Employees) Salaries; compensation commission ......................................... SB 553

CONSTRUCTION Arbitration; extensive Code revision ......................................... SB 73 Construction Activity Prohibited on Abandoned Landfills..................... SB 175 Construction Activity Prohibition on Abandoned Landfills Act of 1988; enact HB 435 Contracts; contingency payments to subcontractors........................... SB 281 Excavation, Trench and Shoring Safety Act; regulate......................... SB 580 Home Builders; single-family residences; urge handicap accessibility ........... HR 721 Structural Inspectors; licensure; certificates .................................. SB 310 Utility Contractors; licensure............................................... SB 469

CONSUMER AFFAIRS COMMITTEE; Senator Al Scott act as Chairman Page 647

CONSUMER PROTECTION

Abandoned Motor Vehicles; lien foreclosure; notices.......................... SB 442

Amusement Parks; metal detectors to detect concealed weapons............... SB 466

Automobile Insurance; joint committee to study ............................. SR 316

Business Acquisitions; prohibit actions lessening competition

SB 524

Cable TV Service; subscriber complaints; multi-unit dwellings

SB 16

Check-cashing Establishments; percentage fees; limitation

SB 448

Consumer Advisory Board; administrator; Consumers' Utility Counsel

HB 1605

Consumer Advisory Board; membership

SB 419

Consumers' Insurance and Utility Counsel; powers, functions ................. SB 467

Consumers; insurance consumer advocate; create position

SB 497

Credit Card Lenders; loan finance charges; maximum interest rates............ SB 192

Drugs; deceptive price advertising by pharmacists; regulate ................... SB 397

Flea Market Merchants; regulate; licensure; records .......................... SB 555

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2506

JOURNAL OF THE SENATE

CONSUMER PROTECTION (Continued) Food; retail sales of perishable items; dated packaging ....................... SB 464 Gasoline Service Stations; air, water facility requirements..................... SB 425 Insurance; accident and sickness benefits with other insurers.................. SB 601 Insurance; policy cancellation, nonrenewal; autos, motorcycles ................. SB 541 Manufacturer's Rebates; redemption requirements ........................... SB 600 Medical Consumer Advocate; create position of; powers ...................... SB 523 Motor Vehicle Dealers; redefine prohibited deceptive practices ................ SB 257 Motor Vehicle Repairs; safety equipment; insurance coverage ................. SB 559 Motor Vehicle Repairs; total loss claims; vehicle cash value ................... SB 540 Motor Vehicle Sales; owner change standardized color, remove logo............ SB 632 New Motor Vehicle Dealers; business site requirements....................... SB 458 Petroleum Marketing Study Committee; create .............................. SR 408 Promotional Giveaway or Contests; prohibit conducting ...................... SB 529 Revolving Charge Accounts; maximum monthly finance charges ............... SB 568 Sales Seminars, Meetings; deceptive trade practices; false statements ........... SB 52 Securities; sales transactions; registration exemptions.......................... SB 79 Telephones; automatic dial, recorded messages; regulate; permits ........ SB 17 Tires; puncture repairs; external plugs prohibited ............................ SB 459 Used Cars; retail sales agreement; cancellation procedures .................... SB 447 Warranty Agreements; electrical or electronic products ....................... SB 589
CONTRACTORS Construction; Excavation, Trench and Shoring Safety Act .................... SB 580 Electrical, Plumbers, Conditioned Air; licensure without exam ...... SB 62 Employers' Tort Liability; independent contractors, conditions ................ SB 207 Liens; mechanic's or materialmen's; filing; prior notices....................... SB 598 Minority; local government contracts; study tax incentive ..................... SR 476 Nonprofit; engaged business with state; audits; reports ...................... HB 1413 Property Liens; filings; bondholder defenses ................................. SB 591 Public Employee Hazardous Chemical Protection, Right to Know Act ... HB 503 Public Works; bid bonds or other security................................... HB 636 Utility; licensure; water, sewer, filtration plant contractors .................... SB 469 Water Well Construction; licensing; affidavits of experience .................. HB 1336
CONTRACTS Arbitration; extensive Code revision; extend agreement provisions .............. SB 73 Athlete Agents Regulatory Act of 1988; enact................................ SB 423 Commissioner of Corrections; authority to execute; reports.................... SB 472 Commitments to Lend Money; written agreements .......................... HB 1536 Commodity Merchants; regulate ........................................... HB 1366 Contingency Payments to Subcontractors; public policy ...................... SB 281 Counties; lengthen time for letting; expenditure of bond funds ................ SB 537 Counties, Municipalities; multiyear lease, purchases; to locate new industry . HB 1550 Insurance Companies and Agency Contracts; cancellations .................... SB 538 Interest Rates; written; transactions of $250,000 or more .................... HB 1416 Multilevel Distribution Companies; sales of business opportunity ............. HB 1565 Public; minority businesses; study income tax incentive ...................... SR 476 Public Works; bid bonds or other security; breached bond actions ............. HB 636 Public Works; responsible bidder provisions; certain county.................. HB 1567 Soil and Water Conservation Committee; powers; grants ..................... HB 1401 State Projects; committee to study "contracting out" policy................... SR 384 State Properties Commission; professional services .......................... HB 1395 Surety Insurance; performance; captive insurance companies .................. SB 635 Transportation Department; bidders; site exams of proposed work............ HB 1781
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INDEX

2507

CONTRACTS (Continued) Vehicle Retail Installment; subleases; consent............................... HB 1449

CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies

or Crimes and Offenses)

Cocaine Trafficking; penalties; "crack"; free base cocaine

SB 209

Cocaine; drug trafficking, mandatory imprisonment .......................... SB 214

Cocaine; include Schedule II listing ........................................ HB 1388

Dangerous Drugs; change listing; duplicate prescriptions ...................... HB 968

Dangerous Drugs; change listings .......................................... HB 1636

Dangerous Drugs; complimentary samples; prohibited sales

SB 285

Drug Manufacturing; prohibitions; penalties

SB 109

Drug Testing; persons involved injurious motor vehicle accident................ SB 91

Drug Trafficking; increase fines as condition of probation ..................... SB 122

Drug Trafficking; mandatory prison sentence; amend Constitution .............. SR 21

Drug Trafficking; not bailable offense; superior court jurisdiction

HB 776

Drug Trafficking; related murder conviction; death penalty procedures

HB 249

DUI; violations; federal, local ordinances, current or prior laws ................. HB 37

Forfeited Money or Property; local government use of proceeds ................ HB 74

Forfeiture; drug enforcement; local government use of money

HB 250

Imitations; penalties ..................................................... HB 1203

Juvenile Proceedings; violations; driver's license suspension

SB 120

Marijuana; production of; possession cases; court jurisdiction................... HB 22

Minor Child Drug Screening Program; county health boards .................. SB 641

Public Officials; felony violations; circuit grand, trial juries.................... SB 149

Public Officials; felony violations; jury selection ............................... SR 26

Seized Currency; deposit interest-bearing account; evidence ................... SB 561

CONYERS-ROCKDALE COUNTY CHARTER COMMISSION Creation, referendum ...................................................... SB 566

COOK COUNTY; designate James G. Connell Bridge on State Route #7 ....... SR 376

COOK HIGH SCHOOL WRESTLING TEAM; commend

SR 385

COPELAN, JASPER T., BRIDGE; designate in Greene County

HR 590

CORONERS (Also See Public Officers and Employees)

Definition; medical examiner; GBI Forensic Sciences Division

HB 1362

Georgia Coroner's Training Council; change membership

SB 70

Investigation Fees....................................................... HB 1350

Judicial Sales; property under execution; time of conducting .................. SB 158

Office; abolish by local law, referenda; establish medical examiner

HB 1350

Organ Donors; exceptions to release of body; jurisdiction ..................... SB 349

Postmortem Exams; chemical tests for alcohol, drugs........................ HB 1318

Training; reimbursement for expenses by counties

HB 1707

Vacancies in Office; procedure for filling

SB 409

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Agricultural Grain Dealers; financial audits, certification ...................... SB 440 Annual Reports; failure to file; penalties; nonprofit corporations .............. HB 1631 Business Acquisitions; prohibitive actions ................................... SB 524 Business Mergers, Consolidation; resident domestic; actions by interested shareholders; restrictions; voting shares .................................. HB 1571 Captive Insurance Companies; incorporation; regulate ........................ SB 635 Charitable Entities; regulate; fundraisers; paid solicitors ..................... HB 1324 Charitable; office buildings; development authorities project ................ HB 1303

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2508

JOURNAL OF THE SENATE

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS (Continued) Corporate Records; business and nonprofit; fees; funds to create state-wide county computerized network; superior court clerks ....................... HB 1444 Corporations; insurable interest; directors, officers, employees ................ HB 1589 Directors and Officers; borrowing; standards of conduct...................... HB 1272 Electric Membership, Foreign Electric Cooperatives; officers and directors; standard of care; liability; indemnification ................................. SB 536 Financial Institutions; boards of directors; meetings; frequency ............... HB 1345 Foreign Depository Financial Institutions; intangible taxation ................. SB 261 Georgia Business Corporation Code; extensive revision ...................... HB 1272 Nonprofit Associations; safety, sports programs; liability ..................... HB 1335 Nonprofit; retirement, pension plans; bankruptcy exemption .................. SB 510 Officers, Directors; liability limits; indemnification ........................... SB 302 Partnerships; Georgia Revised Limited Partnership Act; enact ................ HB 924 Professional Corporations; shareholders; active practitioners.................. HB 1302 Public Service Corporations, Utilities; special fee assessment .................. HB 443 Railroads; officers, directors; liability limits; indemnification .................. SB 302 Shareholders; rights of; liability; inspection of records ....................... HB 1272 Small Minority Business Development Corporations; creation ................. SB 569 Small Minority Business Development Corporations; creation ................ HB 1310 Takeovers; interested shareholders; restrictions; voting shares ............... HB 1571 Tax Returns; filing requirements; due date; enforcement; penalty............. HB 1417 Trustee Powers; property distribution; conditions defined ..................... SB 395 Workers' Compensation; corporate officers; certification ...................... HB 1437

CORRECTIONS (Also See Penal Institutions)

Burruss, A.L. "Al", Correctional Training Center; designate; Forsyth............ HR 46

Chatham County; property conveyance for jail facility, road easement ......... HR 756

Commissioner David C. Evans; commend ................................... SR 327

Commissioner; compensation .............................................. HB 1342

Commissioner; compensation; state commission fix salary ..................... SB 553

Commissioner; contracts; employment services; leased property ................ SB 472

Commissioner; salary set by board.......................................... HB 661

County Institutions; construction and staffing; special fund ................... SB 629

County Institutions; funding; criminal, traffic penalties, fees .................. SR 347

County Jails; construction; proximity to public schools ....................... SB 500

Criminal History Records; dissemination; conditions; exclusions ............... HB 312

Dalton Regional Youth Development Center; national accreditation............ SR 464

Death Penalty; executions; witnesses; number of persons required ............. SB 471

Department Employees; county probation system employees; status

HB 1476

Department; employees injured on duty, salary; Commissioner's salary

SB 28

Facilities Commission; study sentencing sanctions, inmate population

SR 300

Facilities; construction of additional; notify General Assembly................ HB 1689

Forest Hays, Jr. Correctional Institution; designate at Pennville

HR 620

Grants to Municipalities, Counties for Jails and Institutions

SB 546

Inmates; committee to study sentencing, incarceration, parole ................. SR 152

Inmates; full-time students; college tuition equalization grants

SB 424

Inmates; hazardous chemicals exposure; Right to Know Act of 1988

HB 503

Inmates; jurisdiction; transfer agreement; county reimbursement .............. SB 583

Inmates; life imprisonment without parole; murder conviction ................. SB 552

Inmates; life sentence for murder conviction; prohibit parole .................. SR 322

Inmates; testing for AIDS and HIV infections; housing; parole ............... HB 1281

Jailers of Municipal Corporations; chiefs of police; records ................... HB 1261

Macon Youth Development Center; national accreditation .................... SR 464

Misdemeanor Offenders; confinement jurisdiction; county facilities............. SB 429

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INDEX

2509

CORRECTIONS (Continued) Parole Violators; arrest expenses; reimbursement to counties .................. SB 428 Peace Officers; minimum salaries ........................................... SB 155 Probation Supervisors; authority to carry weapons ........................... SB 586 Probation; suspended sentences; maximum duration; revocation ............... SB 434 Probationers; transfer of supervision; firearms, hunting purposes .............. SB 651 Probationers; transfer of supervision; judicial circuit resides.................. HB 1717 State Prison at Reidsville; commend excellence rating ........................ SR 399 Telfair Correctional Institution; City of Helena water service.................. HR 707 Victim Restitution Program; compensation .................................. SB 431 Victims of Crime; compensation fund; constitutional amendment .............. SR 274 Wardens; county institutions; police powers ................................. SB 476 Workers' Compensation; employees in farm, livestock operations .............. SB 473 Youth Development Centers; security personnel; retirement................... SB 178

COSMETOLOGY SCHOOLS; teachers, instructors; training requirements . . . HB 1214

COTTON, ARNOLD W.; Macon; commend ................................... SR 299

COUNTIES (Also See Local Government)

Ad Valorem Tax; equalization; Assessment Review Commission ............. .HB 1279

Ad Valorem Taxes; equalization; tax digests; commissioner approval ........... SB 509

Ad Valorem Taxes; freeport exemptions; applicability ........................ SB 622

Ad Valorem Taxes; school lunch programs; food purchases................... HB 1785

Airports; sale or lease to foreign citizens, businesses prohibited............... HB 1238

Alcoholic Beverages; Sunday sales; special entertainment districts ............. SB 673

Animals; dangerous dog control in unincorporated areas ..................... HB 1273

Bids; emergency purchases; competitive bid provisions. ....................... SB 204

Billiard Rooms; licenses; issuance.......................................... HB 1496

Billiard Rooms; municipalities in counties of 100,000 or more ................. SB 512

Boards of Education; interlocal risk management agencies .................... SB 438

Boards of Education; interlocal risk management; liability insurance

.SB 627

Boards of Education; leadership development; grants ........................ HB 1488

Boards of Education; leadership development, training; grants ................ SB 433

Boards of Education; meetings; training; superintendent duties............... HB 1404

Boards of Education; members; qualifications; high school diploma

SB 528

Boards of Education; personnel; grievance procedures; standards .............. SB 638

Boards of Education; personnel policies; review procedures ................... SR 377

Bond Debt; reports; study to develop requirement procedures ................. SR 380

Bond Proceeds and Contracts; counties not less than 250,000 nor more than

400,000; additional requirements ........................... SB 537

Bond Proceeds; expenditure; land acquired through condemnation............. SB 537

Bonds; election dates; counties of 550,000 or more .......................... HB 1218

Bonds; proceeds; authorized investments .................................... SB 327

Bonds; public facility; subject voter approval; amend Constitution

SR 167

Burglar, Fire, Security Alarm Systems; private property sales ................. SB 630

Business License Tax; small minority business corporations .................. HB 1310

Business License Tax; small minority business corporations ................... SB 569

Business Licenses; taxes and fees; assessment criteria ....................... HB 1657

Capital Felony Prosecutions; costs; reimbursement procedures

HB 1529

Cemeteries; preservation, protection ....................................... HB 1594

Child Abuse Protocol Committees; additional representatives ................. SB 640

Civil Service or Merit Systems for Employees; powers; defined ............... HB 1357

Constitutional Officers; salaries; cost-of-living adjustments .................... SB 463

Contracts for Public Works; bid bonds or other security...................... HB 636

Contracts; minority businesses; study income tax incentive.................... SR 476

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2510

JOURNAL OF THE SENATE

COUNTIES (Continued)

Contracts; multiyear lease, purchases; to locate new industry................. HB 1550

Contracts; solid waste collection, disposal; private companies .................. SB 531

Coroner; vacancies in office; procedure for filling ............................. SB 409

Coroners; fees; abolish office by local law, referenda; establish medical

examiner; qualifications; duties; powers .................................. HB 1350

Coroners; reimbursement for training expenses ............................. HB 1707

Correctional Institutions; wardens; police powers ............................. SB 476

Corrections; jails; fund for construction and staffing; provide

SB 629

Corrections; jails, other facilities; criminal, traffic fees ........................ SR 347

Corrections; transfer of probationers supervision ............................. SB 651

Corrections; transfer of probationers supervision ............................ HB 1717

Counties of 250,000 or more; state-wide probation system membership ........ HB 1476

Counties over 550,000; traffic courts; conviction reports; fees .................. SB 545

County Officers; local law to provide compensation supplements................ SB 55

County Surveyors; qualifications........................................... HB 1675

Debt; authorize temporary loans to special service districts ................... HR 626

Department of Administrative Services; request for services.................. HB 1297

Development Authorities; allocation system for bonds; rural pools ............. SB 637

Development Authorities; business closings; damage actions ................... SB 525

Development Authorities; directors; terms; appointment ...................... SB 331

Drug Enforcement; use of forfeited money; expenditure limitations

HB 250

Drugs; use of proceeds; forfeited or seized money, property .................... HB 74

Elected Officers and Personnel; insurance, retirement benefits ................. SB 102

Elected Officials; defined under Ethics in Government Act.................... SB 309

Elections; Ethics in Government Act; financial disclosure; filing ............... SB 564

Elections; state political party qualifying fees; distribution ................... HB 1326

Electors; change of address by absentee ballot application .................... SB 402

Electors; change of address procedure; remove oath requirement .............. SB 404

Emergency Aid to Another Political Subdivision; Mutual Aid Act ............ HB 1285

Emergency Management Organizations; repeal state assistance; funds .......... HB 404

Emergency Medical Services; ambulance technicians requirements ............. HB 177

Emergency Medical Services; systems; personnel; revisions .................... SB 315

Employees; certain officials authority to make personnel decisions .............. SB 56

Expenditure Increases Caused by General Acts; procedures ................... SR 396

Family and Children Services Boards; membership; nominees ............... HB 1189

Finances Reports; file with Department of Community Affairs ............... HB 1420

Fire Protection Districts; fee or tax assessment; limitations .................. HB 1463

Firefighters; obstructing or hindering performance of; penalties............... HB 1436

Firemen; rights in administrative proceedings, civil actions.................... SB 457

Governmental Organization Study Committee; efficiency of services............ SR 329

Grand Juries; juror expense allowance; bailiff compensation

SB 516

Grand Juries Presentments; response required of officials

SB 494

Grand Jury Investigations; persons who hinder, obstruct sheriffs ....

.HB 1531

Handicapped Parking Law; persons to enforce; appointment; powers

HB 1475

Health Boards; consolidated city-county governments; fees; environmental

health services .......................................................... SB 527

Health Boards; counties of 550,000; employee health insurance ................ SB 532

Health Boards; minor child drug screening programs ......................... SB 641

Hospital Authorities; members; terms; appointment .......................... SB 330

Hospital Authorities; proceeds from sales of hospitals ........................ SB 646

Housing Authorities; commissioners; terms of office .......................... SB 332

Indigent Health Care Trust Fund; creation; contributions..................... SR 350

Indigent Persons, Interment of; funds...................................... HB 1732

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INDEX

2511

COUNTIES (Continued)

Inmates; confinement jurisdiction; misdemeanor offenders..................... SB 429

Inmates; emergency bed space capacity; good time allowances

SB 429

Inmates; parole violators; arrest expenses; reimbursement.................... .-SB 428

Intangible Tax on Financial Institutions; exempt certain stock

HB 1455

Jail Construction; proximity to public schools; prohibitions ................... SB 500

Jails and Correctional Institutions; grants; cooperative agreements ............. SB 546

Jails; reimbursement for incarceration costs; felony inmates ................... SB 583

Jury Lists; placement of all registered voters' names ......................... SB 346

Land Records; mapping; modernization; pilot programs; board ................ SB 437

Landfills; abandoned; construction activity prohibition act; enact

HB 435

Landfills; abandoned; property records; construction prohibited

SB 175

Law Enforcement Officers; internal investigations; regulations ................. SB 153

Law Libraries; recorder's courts; collect additional fees ....................... SB 176

Lease of Property Not Needed for Public Roads ............................ HB 1678

Life Insurance Premium Taxes; use of proceeds

HB 1160

Local Government Impact Fiscal Notes Act; repeal............................ SB 22

Magistrate Courts; create Council of Judges ................................. SB 432

Magistrate Courts; non-partisan elections of chief magistrates ................. SB 194

Magistrate Courts; personnel provided by county ............................ SB 202

Metropolitan APDCs; membership; representative mayors, members

HB 1193

Motor Vehicle Registration; private persons processing; bonds................ HB 1382

Mutual Aid Act; local emergencies; public safety agencies.................... HB 1285

Nuisance Abatement; unfit buildings; complaints; magistrate courts ........... HB 1650

Officers, Employees; property sales to political subdivisions ................... SB 617

Open Meetings; requirements of public agencies ............................. SB 436

Open Meetings; substantially revise requirements ............................ SB 394

Peace Officers; minimum salaries ........................................... SB 155

Population Bills; redefine; classification; applicability

HB 1872

Probate Courts; judges; required training; expense reimbursement ............. SB 413

Probate Courts; judges; vacancies; chief clerk duties.......................... SB 409

Probate Courts; jury trials in counties over 100,000 .......................... SB 411

Probate Courts; Official Code of Georgia Annotated; jury trials................ SB 412

Probation Systems; state-wide system membership; conditions

... HB 1476

Property; assessment, appraisal; existing use; rules ........................... SB 579

Property Boundary Processioners; increase board members; powers ............. SB 51

Property Tax Assessment; utilities, airlines; jurisdiction

HB 337

Property Tax Digests; equalization; review; appeals

HB 1279

Public Works Contracts; bids; responsible bidder provisions

HB 1567

Records; open to public inspection; redefine; copies; fees...................... SB 435

Recreational Set-aside Property; sale; homeowner's associations .............. HB 1192

Sales Tax; proceeds distribution formula; special tax districts ................. SB 543

Sales Tax; special purpose; expand projects; reimposition; prohibitions

HB 191

Service Marks; registration; damages for infringements ....................... SB 558

Sessions of Superior Courts; alternate locations outside county

HB 1325

Solid Waste Collection Services; contracts with private companies

SB 531

Solid Waste Disposal Sites; permits; distance adjoining county ................ HB 862

Solid Waste Handling Systems; state grants; compliance...................... SB 667

Solid Waste Management; disposal space; committee to study................. SR 438

Special Purpose County Sales and Use Tax; repeal provision................. HB 1472

Special Service Districts; authorize debt for temporary loans

HR 626

State Courts; abolish by local law; merge superior court ...................... SB 354

State, Magistrate Courts; 550,000 population; fees; fund services

SB 253

Superior Courts; appointment of personnel; applicable counties

SB 602

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2512

JOURNAL OF THE SENATE

COUNTIES (Continued)

Surveyor; vacancies in office; procedure for filling ............................ SB 409

Tax Collectors, Commissioners, Receivers; vacancies; chief deputy

..... SB 485

Tax Commissioner, Receiver, Collector; collect municipal taxes ............... HB 1200

Tax Commissioners, Collectors, Receivers; vacancies in office .................. SB 409

Tax Digests; uniformity of property valuation; commissioner approval ......... SB 509

Tax Equalization Boards; additional alternate members; jury lists ............ HB 1465

Tax Equalization Boards; members; selection; qualification................... HB 1278

Tax Equalization Boards; selection of members by grand juries ............... SB 628

Tax Executions; notice of sale; redemption period........................... HB 1674

Tax Executions; notices; void; prohibited transfer actions; release ...

HB 1280

Tennessee Valley Authority; power sales proceeds; apportionment

SB 668

Trade Center Facilities; grants; exclude carpet exposition centers

HB 1036

Trade Center Facilities; World Congress Center service contracts ............. HB 1035

Transportation Service Contracts; MARTA; financing; tax; referendum

HB 1513

Zoning; unfavorable recommendations; vote; counties of 550,000

SB 596

COUNTY COMMISSIONERS ASSOCIATION OF GEORGIA; commend

SR 317

COURTS (Also See Judicial Circuits or Superior Courts)

Adoptions; jurisdiction; decrees; comprehensive revisions

SB 498

Alcovy Judicial Circuit; court reporters; compensation ........................ SB 652

Appeals to Superior Courts; trial without jury; consent ....................... SB 492

Appeals death penalty, pretrial review; preclusions to appeals ................ SB 100

Appeals decisions of State Board of Workers' Compensation ................ HB 1438

Appeals new trial motions; transcript filings; time period .................... HB 1396

Appeals preappeal settlement conferences; procedure; judges ................. HB 615

Appeals reports; advance reports; rules document; forms

HB 1731

Appeals state court reviewing magistrate court decisions

HB 1235

Appeals, Court of; reports; quality review panel; membership

SB 419

Appellate Court Judges; salaries; compensation commission ................... SB 553

Arbitration; claims for damages; medical malpractice; procedures .............. SB 374

Arbitration; venue; authority; Code revision .................................. SB 73

Arraignment and Trial; notice of arraignment date ........................... HB 117

Attorneys, District Attorneys, Attorney General; qualifications

SR 275

Attorneys; public officers; duties, conflict of conduct ......................... SR 273

Attorneys; State Bar of Georgia; establish Board of Governors

SR 280

Auditor and Special Masters; costs; fees; assessment ........................ HB 1545

Bail Bonds; deposits; hearings forfeiture procedures ............................ SB 8

Bail Jumping; out-of-state bail jumping; penalties............................ SB 163

Bail Jumping; redefine felony and misdemeanor; notices ...................... HB 768

Bail; superior court; redefine offenses which are not bailable

HB 776

Bailiffs; compensation; jurors, expense allowance

SB 516

Capital Felony Prosecutions; costs to counties; reimbursement ............... HB 1529

Civil Actions; mental illness clinical records; confidentiality

HB 1301

Civil Actions; out-of-state actions by nonresidents; jurisdiction .............. HB 1231

Civil Actions; recording or video taping depositions ........................... SB 46

Civil Actions; summary judgment proceedings; malpractice; affidavit

SB 347

Civil Actions; to recover damages; property owners

HB 1538

Civil; orders; unlawful business practices; appeals

HB 1405

Civil Practice; estates; jurisdiction over nonresidents

SB 396

Clerks; superior courts; office hours; lunch period; weather .................. HB 1298

Cobb Judicial Circuit; judges, chief judge; salary supplement.................. SB 616

Code Revisions, Corrections............................................... HB 1229

Community Service Sentencing; procedures to satisfy fines.................... SB 470

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INDEX

2513

COURTS (Continued)

Compensation of Certain Judicial Officers .................................. HB 1342

Contempt Powers; failure to comply housing authority subpoenas ............ HB 1249

Criminal Cases; sentences; committee to study disparities

....

SR 152

Criminal Proceedings; intimidation of witnesses; penalties .................... SB 560

Criminal Records; purged; persons cleared through proceedings ............... SB 373

Criminal, Traffic Offenses; additional penalties for county jails ...

SR 347

Death Penalty; appeals, pretrial review; terms; preclusion to appeal. ........... SB 100

Death Penalty Cases; selection of circuit grand and trial juries ................ SB 149

Death Penalty; location of habeas corpus proceedings; inmates

SB 99

Death Penalty; murder against persons under 17 years ....................... SB 563

Death Penalty; murder conviction; drug trafficking cases...................... HB 249

Death Penalty; retarded offenders; urge life imprisonment .................... SR 388

Death Penalty; sentence prohibited; certain age youth, mentally retarded .... SB 450

Death Penalty; sentencing; mental incompetence to be executed............... HB 878

Debtors; equitable relief action; misrepresented property loans ................ SB 648

District Attorney Investigators; Employees' Retirement System...

HB 24

District Attorneys Retirement System; creditable service...................... HB 565

Drug Trafficking; increase fines as condition of probation ..................... SB 122

Drug Trafficking; mandatory prison sentence; amend Constitution .............. SR 21

Evidence; GBI scientific reports; statement to police; procedures ............... HB 47

Evidence; property seized by law enforcement agency; disposition ............ HB 1615

Evidence; Public Safety Department records; photocopies..................... SB 562

Evidence; seized currency; Controlled Substances Act ........................ SB 561

Evidence; subpoenas; enforcement for contempt; witness fees ................ HB 1292

Family Violence; domestic violence orders; violations ........................ HB 1400

Family Violence; relief petitions; allegations ................................ HB 1399

Fines; community service sentencing ........................................ SB 470

Fines, Forfeited Bonds; payments to Sheriffs' Retirement Fund

...... HB 719

Fines, Forfeitures; additional penalties; county jail fund ...................... SB 629

Grand Juries; indictment; municipal governing authority members............ HB 1425

Grand Juries; list of persons who hinder or obstruct sheriffs ................. HB 1531

Grand Juries; response required of county officers............................ SB 494

Grandparent Visitation Rights; actions; petitions; discretion.................. HB 1434

Grandparent Visitation Rights; special circumstances; revocation .............. SB 549

Habeas Corpus; location; inmate death penalty cases .......................... SB 99

Human Resources Department Orders; rights of appeal....................... SB 321

Indictments Quashed Second Time; bar to prosecution; repeal ............... HB 1330

Indigent Defense Act; judicial circuits; distribution of funds

..... SB 548

Judges, District Attorneys, Solicitors; new retirement system

..... HB 703

Judges; trial; authority to carry weapons .................................... SB 586

Judicial Boards, Commissions; General Assembly members' service

HB 1196

Judicial Sales; property under execution; time of conducting .................. SB 158

Juries; equalize peremptory challenges for felony indictments ................. SB 415

Juries; exemption from duty; active attorneys at law ......................... SB 483

Juries; expense allowance; bailiffs, compensation ............................. SB 516

Juries; finding of aggravating circumstances; murder; sentence

SB 552

Juries; grand and trial; circuit; death penalty, certain drug cases

SB 149

Juries; grand and trial; investigative; judicial circuits .......................... SR 22

Juries; grand and trial; selection; circuit, regional, state; investigative ........... SR 14

Juries; grand and trial; selection, geographic area, certain cases ................ SR 26

Juries; grand; impartial juries; change of venue conditions .................... SB 108

Juries; list selection; placement of all registered voters' names ................ SB 346

Jurors or Officers; intimidate, impede, injure; penalties ...................... HB 1479

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2514

JOURNAL OF THE SENATE

COURTS (Continued)

Jurors; hearing impaired persons; interpreters; court provide .................. SB 513

Jurors; hearing impaired; interpreters; grand or trial ......................... SB 474

Juvenile; abortion; Parental Notification Act; petition ........................ SB 621

Juvenile; AIDS transmitting crimes; testing; records; sentencing .............. HB 1281

Juvenile; alternative sentencing methods; committee to study ................. SR 395

Juvenile; extend jurisdiction to 18 years olds; certain cases .................... SB 20

Juvenile; jurisdiction; juvenile capital crimes; transfers ....................... SB 148

Juvenile; jurisdiction; traffic ofFenses; unlicensed drivers ...................... HB 290

Juvenile; probation workers; state subsidy; certain counties .................... SB 89

Juvenile; suspend driver's licenses for alcohol, drug violations

SB 120

Juvenile; traffic offenses; fines to fund community services; judge create

children and youth coordinating council................................... HB 290

Juvenile; traffic, waterways ofFenses; proceedings; transfers .................... SB 147

Law Libraries; county recorder's; additional cost collection.................... SB 176

Libel Actions; visual or sound broadcasts; evidence; damages.................. SB 343

Magistrate; bad check citations; duties; form of notice....................... HB 1392

Magistrate; bad checks; jurisdiction; trial procedures ......................... SB 195

Magistrate; Council of Magistrate Court Judges; creation ..................... SB 432

Magistrate; counties provide personnel...................................... SB 202

Magistrate; fees; bad check citations; judgments, civil claims ................. HB 1391

Magistrate; fees; fund enhanced services, counties of 550,000 .................. SB 253

Magistrate; fines; Peace Officer and Prosecutor Training Fund ............... HB 1202

Magistrate; jurisdiction in waivers of extradition ............................. SB 201

Magistrate; minimum salary of chief magistrates ............................. SB 197

Magistrate; non-partisan elections of chief magistrates........................ SB 194

Magistrate; nuisance abatement; unfit buildings; health hazards .............. HB 1650

Magistrate; review; appeals from state court decisions ....................... HB 1235

Malpractice; defendant insufficiency for summary judgment

SB 347

Misdemeanor Offenders; punishment; confinement jurisdiction ................ SB 429

Municipal; clerks; disbursement of fines, traffic report fees ..................... HB 68

Municipal; jurisdiction; marijuana cases ...................................... HB 22

Municipal; jurisdiction; selling, furnishing alcohol to minors................... SB 141

Municipal; punishment; vehicle accidents; failure to stop ................... .HB 1660

Patient's Health Records; judicial proceedings; falsification .................. HB 1598

Probate; chief clerk duties upon vacancy office of judge; appointment.......... SB 273

Probate; compensation; supplements by counties; prohibitions.................. SB 55

Probate; determine residency; decedents in nursing homes ................... HB 1386

Probate; employees; personnel decisions ...................................... SB 56

Probate; estate administrator, executors; cases of mismanagement ............. HB 670

Probate; guardians; bonds; cases of mismanagement; execution ................ HB 669

Probate; judges; minimum salaries; cost-of-living adjustments ................. SB 463

Probate; judges; minimum salaries, increase ................................. SB 305

Probate; judges; required training, expense reimbursement.................... SB 413

Probate; judges; retirement benefits; secretary-treasurer of board ............... SB 15

Probate; judges; vacancies; procedure for filling; clerks ....................... SB 409

Probate; jurisdiction; game and fish misdemeanor cases

HB 1647

Probate; jury trials in counties over 100,000 ................................. SB 413

Probate; jury trials in counties over 100,000 ........... SB 412

Probate; jury trials in counties over 100,000 ................................. SB 411

Probate; life insurance proceeds; active criminal investigations ................ SB 300

Probate; location of offices; distance from courthouse......................... HB 488

Probate; Official Code of Georgia Annotated; counties provide ................ SB 412

Probate; orders for guardianship over property; filing........................ HB 1557

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INDEX

2515

COURTS (Continued) Probate; The Council of Probate Court Judges of Georgia; creation.......... SB 411 Probated or Suspended Sentences; revocation; payment of fines ............... SB 434 Process Servers; Public Safety Department, Uniform Division ................ HB 1523 Property Foreclosure; writ of possession; summons; answer.................... SB 610 Records; retention schedules; State Records Committee; membership .......... SB 419 Reporters; Supreme, Appeals Court reports; rules; forms..................... HB 1731 Sex Criminal Convictions; records; reports.................................. HB 1429 Sheriffs Retirement Fund; benefits; membership dues; options ................ HB 718 Sheriffs; compensation; county supplements; prohibitions ............ SB 55 Sheriffs; honorary office of sheriff emeritus; creation ........................ HB 1797 Sheriffs; increase fees for certain services................................... HB 1530 Sheriffs; minimum annual salaries; cost-of-living adjustments ................. SB 463 Solicitors; disposition upon abolition state court by local law. ................. SB 354 State; adult probation systems; state-wide system membership ............... HB 1476 State; appeals; decisions reviewing magistrate court decisions ............... HB 1235 State; bailiffs, compensation; jurors, compensation ........................... SB 516 State; Council of State Court Judges of Georgia; creation ..................... SB 432 State; fees; fund enhanced services, counties of 550,000....................... SB 253 State; merge superior courts upon abolition by local law...................... SB 354 Subpoenas; housing authority investigations; contempt provisions.............. SB 487 Superior; appeals; trial without jury; consent ................................ SB 492 Superior; appointment of personnel; certain populated counties ............... SB 602 Superior; bailiffs, compensation; jurors, compensation ........................ SB 516 Superior; clerks; corporate records access; state-wide computer network ....... HB 1444 Superior; clerks; filing fees; listings, Code references......................... HB 1635 Superior; clerks; minimum salaries; cost-of-living adjustments ................. SB 463 Superior; clerks; office hours; lunch period; inclement weather................ HB 1298 Superior; Clerks' Retirement Fund; benefits, disability provisions ................ SB 7 Superior; filing real estate liens; discharge procedures ........................ HB 713 Superior; habeas corpus clerk; judicial circuits; number of writs ............... SB 388 Superior; judges; compensation; state commission fix salary ................... SB 553 Superior; judges; expenses; reimbursement; audit reports ..................... SB 355 Superior; juvenile capital crimes; original jurisdiction ................. ....... SB 148 Superior; merger upon abolition of state court by local law ................... SB 354 Superior; sessions; alternate locations; state court facilities ................... HB 1325 Superior; venue in arbitration applications; revise authority ........... SB 73 Supreme; appeals, pretrial review of death penalty cases...................... SB 100 Supreme; attorney violations; urge adopt Administrative Procedure Act ........ SR 355 Supreme; justices; compensation; state commission fix salaries................. SB 553 Supreme; power to regulate practice of law; amend Constitution............... SR 275 Supreme; reports; quality review panel; membership ......................... SB 419 Tort Actions; negligence claims against dog owners.......................... HB 1311 Tort Reform; revisions, immunity from liability; awards for damages ............ SB 1 Traffic; jurisdiction; cities of 300,000 or more ................................ SB 542 Trial Districts; special; single, multicounty judicial circuits..................... SR 22 Trials; demand for trial; noncapital cases ................................... SB 456 Trials; prior notice of arraignment date ..................................... HB 117 Trust Property; orders to distribute, terminate trust; minors .................. SB 395 Venue; criminal election violations...................... SB 97 Victims of Crime; compensation fund; constitutional amendment .............. SR 274 Victims of Crime; compensation; restitution programs ........................ SB 431 Weapons; seized in criminal cases; disposition procedures ..................... SB 614 Witness Fees; law enforcement officers ..................................... HB 1292
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2516

JOURNAL OF THE SENATE

COURTS (Continued) Witnesses; child support enforcement; immunity ............................. SB 270 Witnesses; influencing; threats; penalty .................................... HB 1577 Witnesses; prisoners under death sentence; delivery procedure .............. .HB 1627 Witnesses, Informants; prohibit intimidate, threaten ......................... SB 560

COWETA COUNTY Board of Commissioners; vacancies; special elections ........................ HB 1242 Homestead Exemption; school tax; elderly; referendum ...................... HB 1828

COWETA JUDICIAL CIRCUIT; Carroll County Superior Court; change terms ............................................................ HB 1427

CRAWFORD COUNTY Board of Education; location of meetings................................... HB 1819 Homestead Exemption; school tax; elderly; referendum ...................... HB 1744 Probate Court; jurisdiction; prosecuting attorney; procedures ................. HB 1820

CRECINE, DR. JOHN PATRICK; President, Georgia Institute of Technology; commend ..................................................... SR 289

CREDIT CARDS; loan finance charges; maximum rate of interest determination ......................................... SB 192

CREDIT UNIONS Check-cashing establishments; limit fees charged; exceptions .................. SB 448 Directors; liability limitations; equity capital investment...................... HB 283

CRIM, DR. ALONZO A.; Atlanta School Superintendent; commend ............. SR 325

CRIME INFORMATION CENTER; criminal history records; dissemination; conditions; exclusions ........................................ HB 312

CRIME VICTIMS (See Victims of Crime or Courts)

CRIMES AND OFFENSES (Also See Courts or Criminal Procedure)

Abandoned Vehicles; unattended check notices; unauthorized use............. HB 1385

AIDS Battery or Aggravated AIDS Battery; define; penalties.................. SB 416

AIDS Transmitting Crimes; defined; penalties; HIV testing .................. HB 1281

Alcoholic Beverage Sales; sellers duty to verify age, ID ..................... .HB 1322

Alcoholic Beverages; sales to minors; municipal court jurisdiction.............. SB 141

Bad Checks; form of notice; magistrates; duties ............................. HB 1392

Bad Checks; fraudulent purchases, ID; committee to study ................... SR 333

Bad Checks; misdemeanor violations; magistrate court jurisdiction

SB 195

Bad Checks; parties who may prosecute an action ........................... SB 556

Bail Jumping; out-of-state bail jumping; penalties............................ SB 163

Bail Jumping; redefine felony and misdemeanor; notices

HB 768

Bombs; false or facsimiles; prohibitions; penalties ............................ HB 601

Child Abuse; employees making reports; prohibit employer reprisal

SB 665

Child Abuse; reports; counselors, child service personnel; photos

HB 1355

Child Molestation; not bailable offense; court jurisdiction

HB 776

Child Pornography; possession unlawful, definitions

SB 67

Cigarettes, Tobacco Related Objects; sales to, purchases by minors

SB 110

Cocaine Trafficking; mandatory term of imprisonment

SB 214

Cocaine Trafficking; penalties; sentencing; "crack"; free base .................. SB 209

Code Revisions, Corrections............................................... HB 1229

Controlled Substances; change listing; duplicate prescriptions ................. HB 968

Controlled Substances; cocaine; include Schedule II list ..................... HB 1388

Controlled Substances; dangerous drugs; change listings ..................... HB 1636

Controlled Substances; forfeited money, property; use of proceeds .............. HB 74

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INDEX

2517

CRIMES AND OFFENSES (Continued)

Controlled Substances; forfeitures; local government use of money ............. HB 250

Controlled Substances; illegal drug manufacturing; penalties

SB 109

Controlled Substances; imitations; penalties; forfeiture

HB 1203

Controlled Substances; seized currency; evidence; photocopies

SB 561

Criminal, Traffic Cases; additional penalty to fund jails ...................... SB 629

Dairy Milk Containers, Cases; unlawful possession ........................... SB 642

Dangerous Dog Control Law; enact ........................................ HB 1273

Day Care Centers; employee records check; crimes against minors

HB 1216

Death Penalty; guilty but mentally retarded; persons not to be executed

HB 878

Death Penalty; sentence prohibited; certain age youth, mentally retarded

SB 450

Drug Trafficking; increase fines as condition of probation ..................... SB 122

Drug Trafficking; mandatory prison sentence; amend Constitution .............. SR 21

Drug Trafficking; related murder conviction; death penalty procedures ......... HB 249

False Identification Documents; penalties ................................... SB 511

Firearms; carrying; full-time officials; exemptions ............................ SB 586

Firearms Dealers; regulate pistol, revolver sales; prohibitions .................. SB 452

Firearms Dealers; regulate pistol, revolver sales; prohibitions .................. SB 378

Firearms; discharging at moving vehicle; felony penalty....................... SB 401

Firefighters; obstructing or hindering performance of; penalties............... HB 1436

Foreclosure Fraud; penalties ............................................... SB 647

Fraud; damage to property subject to security interest; penalty .............. HB 1431

Fraud; obstruction of administration of public authorities..................... SB 489

Fraudulently Obtaining Public Housing; penalties............................ SB 488

Hazing; reckless conduct; schools, colleges, universities; penalty .............. HB 1662

Identification to Law Enforcement Officers; false information

SB 585

Influencing Witnesses; threats; administrative proceedings ................... HB 1577

Intimidate, Impede, Injure Jurors or Court Officers; penalties

HB 1479

Marijuana Production; felony crime regardless of weight....................... HB 22

Misdemeanors; punishment; confinement jurisdiction ......................... SB 429

Motor Vehicle Accidents; failure to stop; penalties; prosecution .............. HB 1263

Murder; against persons under 17 years; impose death penalty ................ SB 563

Murder; insurance beneficiary is suspect; proceeds distribution ................ SB 300

Murder; life imprisonment without parole; jury findings ...................... SB 552

Nude and Sexual Conduct; prohibit where alcohol sold ....................... HB 516

Nude and Sexual Conduct; prohibit where alcoholic beverages sold ............ SB 372

Pandering; soliciting persons under 17; sodomy; penalties .................... HB 1221

Patient's Health Records; prohibit destroy, alter, falsify ..................... HB 1598

Polygraph Examinations; Merit System Employees ........................... SB 410

Property Sales to Political Subdivisions; officers, employees ................... SB 617

Rail Vehicle Hijacking; explosives; weapons; penalties .....

HB 1629

Sexual Exploitation of Children; correct errors in Code ...................... HB 1226

Sexual Offenses; against minors; change age of consent to under 17.............. SB 5

Sexual Offenses; pandering for prostitution; redefine persons ................... SB 53

Sexual Offenses; pandering; use of movies, photographs, videos ................. SB 54

Smoking in Public Places; prohibitions; designated areas ..................... SB 481

Sodomy; soliciting persons under 17; penalties ............................. HB 1221

Tattooing; change age of person unlawful to tattoo........................... SB 557

Theft By Conversion; leased or rented personal property ..................... SB 599

Theft By Conversion; leased personal property; penalty limits................ HB 1561

Traffic Offenses; unlawful flight; felony if involve other elements .............. SB 150

Traffic Violations; conviction reports; counties over 550,000

SB 545

Traffic Violations; misdemeanor offenses; court jurisdiction

SB 542

Victims of Crime; compensation ............................................ SB 431

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2518

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued) Victims of Crime; compensation; constitutional amendment ................... SR 274 Weapons Used in Commission of Crime; disposition procedures ............... SB 614 Willful Damage or Theft of Personal Property; civil actions.................. HB 1538 Witnesses, Informants; prohibit intimidate, threaten ......................... SB 560
CRIMINAL JUSTICE COORDINATING COUNCIL; additional member SB 430
CRIMINAL PROCEDURE AIDS Transmitting Crimes; testing; sentencing ............................ .HB 1281 Appeals; new trial motions; transcript filings; time period.................... HB 1396 Arraignment and Trial; notice of arraignment date .......................... HB 117 Arrest of Persons; acts of family violence; authority ......................... HB 1407 Bad Checks; magistrate court jurisdiction ................................... SB 195 Bail Bonds; deposits; hearings; forfeiture procedures .............. SB 8 Bail Jumping; redefine felony and misdemeanor; notices ...................... HB 768 Bail; superior court; drug trafficking; child molestation; appeals ............... HB 776 Capital Felony Cases; appeals, pretrial review; terms; preclusions .............. SB 100 Capital Felony Prosecutions; costs to counties; reimbursement .............. HB 1529 Cocaine Trafficking; sentencing procedures; penalties ......................... SB 209 Death Penalty; certain age youth, mentally retarded; prohibit impose .......... SB 450 Death Penalty; executions; witnesses; number of persons required ............. SB 471 Death Penalty; guilty but mentally retarded; charge to jury................ HB 878 Death Penalty; murder against persons under 17 years ....................... SB 563 Death Penalty; murder conviction; drug trafficking cases...................... HB 249 Demand for Trials; noncapital cases ........................................ SB 456 Drug Trafficking; increase fines as condition of probation ..................... SB 122 Drug Trafficking; mandatory prison sentence; amend Constitution .............. SR 21 Evidence; defendant's right to reports, statements to police .................... HB 47 Evidence; disposition of property seized, unclaimed ......................... HB 1615 Evidence; photocopy; currency seized, Controlled Substances Act.............. SB 561 Felony Indictments; equalize peremptory challenges to jurors ................. SB 415 Fines; community service sentencing procedures ............................. SB 470 Indictments Quashed Second Time; bar to prosecution; repeal ............... HB 1330 Indigent Defense Act; distribution of funds; judicial circuits .................. SB 548 Misdemeanor Offenders; punishment; confinement jurisdiction ................ SB 429 Motor Vehicle Offenses; DUI judgments, sentences; failure to stop............ HB 1660 Records; arrest records purged certain circumstances ......................... SB 373 Sentence; commission to study court sanctions, prison overcrowding ........... SR 300 Sentence; life imprisonment for murder; prohibit parole ...................... SR 322 Sentence; life imprisonment without parole; murder conviction ......... SB 552 Sentencing; incarceration disparities; study committee ........................ SR 152 Subpoenas; enforcement for contempt; attachment .......................... HB 1292 Theft Conversion of Leased Personal Property; penalty limits................ HB 1561 Victims of Crime; compensation fund; constitutional amendment .............. SR 274 Victims of Crime; compensation; restitution programs ........................ SB 431 Weapons; seized in criminal cases; disposition procedures ..................... SB 614 Willful Damage or Theft of Personal Property; civil actions.................. HB 1538 Witnesses; felony cases; prisoners under death sentence; delivery ......... HB 1627
CRIMINAL SANCTIONS AND CORRECTIONAL FACILITIES COMMISSION; create ................................................... SR 300
CRUZ, MICHAEL; legislative intern; commend ............ SR 427
CULLODEN, CITY OF; city council; election districts ...................... HB 1741
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INDEX

2519

D

DACULA, CITY OF; homestead exemption ................................ HB 1652

DALLAS, CITY OF; new charter .......................................... HB 1236

DALTON CARPET EXPOSITION CENTER Appropriations; supplemental FY 1987-88 .................................. HB 1267 Community Affairs Department; powers and duties .......................... SB 475 Trade Center Facilities; exclude from certain grants......................... HB 1036

DALTON JUNIOR HIGH SCHOOL; commend ............................... SR 246

DALTON REGIONAL YOUTH DEVELOPMENT CENTER; national accreditation ..................................................... SR 464

DALTON, CITY OF Easement of Air Space; grant to Hamilton Medical Center for walkway ....... HB 1737 Property Conveyance; fire station tract to Whitfield County ................. HB 1751 State Owned W&A Railroad Depot Lot; land sale............................ HR 653

DANCE HALLS Alcoholic Beverages; nude, sexual conduct prohibited where sold .............. SB 372 Alcoholic Beverages; prohibit nude, sexual conduct where sold ................ HB 516

DANIEL, MICHAEL C.; condolences ....................... SR 324

DARDEN, CONGRESSMAN GEORGE "BUDDY"; introduction and remarks. . Page 832

DAVIS, THELMA W. OF MILLER COUNTY; commend

............ SR 444

DAVIS, VAN; condolences .................... SR 458

DAWSON COUNTY; U.S. Forest Service property exchange; state acquisition . HR 877

DAY BUTTERFLY CENTER; designate official state butterfly symbol........ SB 449

DAY CARE CENTERS (Also See Child Care Centers) Employees; criminal records check; hearing officers.......................... HB 1216 Location of; residential facilities; prohibit public hearings..................... SB 114 Religious Nonprofit; preschool programs; licensure; inspections ................ SB 111 Space Requirements ...................................................... SB 526 Space Requirements; exception, designated time period...................... HB 1306 Vehicles Transporting Children; seat belt requirements ........................ HB 71

DEAF PERSONS (See Hearing Impaired or Handicapped)

DEAL, MARY EMILY Commend ................................................................ SR 339 National 4-H Championship; commend ..................................... SR 307

DEATH PENALTY (Also See Courts or Sentence)

Appeals; new trial motions; transcript filings; time period ......

HB 1396

Appeals; Pretrial Review; procedures; elapsed terms; preclusions. .............. SB 100

Drug Trafficking; procedures; related murder conviction ...................... HB 249

Executions; witnesses; number of persons required ........................... SB 471

GBI Scientific Reports; admissible evidence; defendant's rights ................. HB 47

Habeas Corpus; inmate petitions; location of proceedings ...................... SB 99

Indictments; superior court circuit grand and trial juries...................... SB 149

Jurors; grand and trial; select from certain geographic areas ................... SR 26

Mentally Incompetent to Be Executed; persons not to be executed ............ HB 878

Murder Against Persons Under 17 Years; aggravating circumstance ............ SB 563

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2520

JOURNAL OF THE SENATE

DEATH PENALTY (Continued)

Prisoners Under Sentence; witnesses in felony cases; delivery ................ HB 1627

Retarded Offenders; urge commute sentence to life imprisonment

SR 388

Sentence Prohibited; certain age youth, mentally retarded persons ............ SB 450

DEATH Death Certificates; physician's assistants authority to sign .................... SB 260 Postmortem Exams; chemical tests for alcohol, drugs........................ HB 1318

DEBTOR AND CREDITOR

Bankruptcy; exempt; certain retirement, pension funds ....................... SB 510

Contracts; commitments to lend money; written agreements

HB 1536

Foreclosure Fraud; penalties .............................................. SB 647

Foreign Money Judgments; filing fees ...................................... HB 1635

Garnishment; procedures for hourly or weekly earnings ....................... SB 247

Improper Unemployment Compensation Benefits; income tax refunds .......... SB 490

Loans to Debtor Homeowners; misrepresenting moneys provided

SB 648

State Agencies; prompt payment of debts; interest ........................... SB 618

Tax Executions; notice of sales; redemption period; expiration ............... HB 1674

Transactions of $250,000 or more; interest; written contracts ................. HB 1416

DECEPTIVE PRACTICES (See Fair Business Practices or Commerce and Trade)

DEFENSE DEPARTMENT (See Military Affairs)

DEKALB COUNTY

Board of Education; members; compensation; repeal Act

HB 1032

Governing Authority; chief executive voting; merit system provisions ......... HB 1842

Homestead Exemption; elderly; referendum ................................ HB 1721

Homestead Exemption; school tax, disabled, elderly ......................... HB 1646

Lenox Park Community Improvement District; creation

HB 1688

Magistrate Court; chief magistrate; compensation

HB 1734

Magistrate Court; chief magistrate; nonpartisan election ...................... SB 687

Pension Board; membership; contributions

HB 990

State Court; deputy clerks; appointment ................................... HB 1585

State Court; judges; compensation ......................................... HB 1584

Teenage Pregnancy and Parenting Project/TAPP; commend ...... SR 485

DENTISTS AND DENTAL HYGIENISTS

Dental Students; liability for civil damages; tort immunity................... HB 1549

Dentures, Dental Prostheses; identifiable markings of wearers

SB 98

Georgia Board of Dentistry; extend to 1994 ................................ HB 1349

License to Practice; contested cases; appeals; stays .......................... HB 1456

Patient's Health Records; prohibit destroy, alter, falsify

HB 1598

Preferred Provider Arrangements Act; standards; insurers

HB 507

DEVELOPMENT AUTHORITIES (Also See Authorities)

APDCs; Community Affairs Department; duties; powers

SB 475

APDCs; joint study committee ............................................. SR 264

APDCs; mapping and land records modernization

SB 437

APDCs, Metropolitan; membership; representative mayors, members ........ HB 1193

APDCs; UGA Institute of Community and Area Development, evaluate

SR 263

Bonds; limit federal tax interest income; constitutional convention.............. SR 44

Bonds; public facility; subject voter approval; amend Constitution ............. SR 167

County Authorities; directors; terms; appointment ........................... SB 331

County Housing Authorities; commissioners; terms of office

SB 332

Damage Actions; business, factory closings ................................. SB 525

Environmental Facilities Authority; retirement; ERS membership ............ HB 1046

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INDEX

2521

DEVELOPMENT AUTHORITIES (Continued)

Local; bond proceeds; authorized investments................................ SB 327

Projects; office building; charitable corporations; associations

HB 1303

DIPRIMA, ROMEO; mental health advocate; designate building for .......... .HR 783

DISABLED (See Handicapped or Elderly)

DISTRICT ATTORNEYS (Also See Judicial Circuits)

Cherokee Judicial Circuit; assistant district attorney; duties; salary; staff

SB 686

Cherokee Judicial Circuit; district attorney; salary ........................... SB 685

Chief Assistant; former state court solicitors; certain circuits .................. SB 354

Cobb Judicial Circuit; investigators; supplement ............................ HB 1633

Compensation ........................................................... HB 1342

Compensation; state commission fix salary .................................. SB 553

Firearms; full-time officials; authority to carry firearms ....................... SB 586

Investigators; membership in Employees' Retirement System................... HB 24

Ocmulgee Judicial Circuit; salary supplement; certain counties

SB 624

Pataula Judicial Circuit; assistant as solicitor of State Court................. HB 1677

Qualifications; delete bar association membership requirement ................ SR 275

Retirement System; board of trustees ....................................... SB 419

Retirement System; vestment; disability; spouse beneficiaries

HB 565

Retirement; create new court officials' retirement system

HB 703

Seized Currency; Controlled Substances Act; authority ....................... SB 561

DIVERS, DIVING; submerged cultural resources; permits for investigation

SB 503

DIVORCE (See Domestic Relations)

DOCTORS OF THE DAY Anderson, Dr. Larry W. ................................................. Page 376 Atkins, Dr. S.O. ....................................................... Page 2415 Bailey, Dr. Bates ....................................................... Page 452 Bailey, Dr. Joseph P.................................................... Page 2031 Boyle, Dr. Stephen...................................................... Page 125 Cobiella, Dr. Angel...................................................... Page 490 Collins, Dr. William C. ................................................. Page 1026 Davis, Dr. H. Gordon ................................................... Page 932 Fite, Dr. J. Donald.................................................. Pages 31, 255 Fletcher, Dr. James L. .................................................. Page 817 Gamwell, Dr. John ..................................................... Page 1171 Gaston, Dr. Harper ..................................................... Page 183 Gatewood, Dr. T. Schley, Jr. ............................................. Page 563 Gorsche, Dr. Thomas.................................................... Page 396 Griffin, Dr. William L. ................................................. Page 1721 Harvey, John .......................................................... Page 1541 Hutchinson, Dr. J. R. B.................................................. Page 125 James, Dr. Donald ...................................................... Page 320 Jolley, Dr. Fleming ..................................................... Page 125 Jones, Dr. William ..................................................... Page 1191 Karnett, Dr. Bernice .................................................... Page 215 Kaufmann, Dr. James .................................................... Page 31 Kent, Dr. David ....................................................... Page 1334 Lipsitt, Dr. Michael..................................................... Page 452 Lott, Dr. Yvonne ....................................................... Page 767 Maughon, Dr. James ..................................................... Page 75 Maxey, Dr. Joy A. .................................................. Pages 48, 150 Mayberry, Dr. William ................................................... Page 62

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2522

JOURNAL OF THE SENATE

DOCTORS OF THE DAY (Continued) Metis, Dr. James C...................................................... Page 135 Musarra, Dr. Tony ..................................................... Page 1291 Navarro, Dr. Romulo P. ................................................ Page 1865 Ollins, Dr. Robert...................................................... Page 1635 Roche, Dr. Patrick ...................................................... Page 710 Smith, Dr. Reginald D. ............................................. Pages 125, 626 Stephens, Dr. Robert G.................................................. Page 124 Sutter, L.O. ........................................................... Page 1459 Theus, Dr. Thomas .................................................... Page 1865 Tillman, Dr. Ralph A. .................................................. Page 1077

DOLE, HONORABLE ROBERT; U.S. Senator, Presidential Candidate, remarks............................................................... Page 1471

DOMED STADIUM COMPLEX

Appropriations; supplemental FY 1987-88; bonds; land acquisition

HB 1267

Community Affairs Department; powers; authority; contracts.................. SB 475

Excise Tax on Rooms, Lodging, Accommodations; counties of more than

550,000; municipalities of more than 400,000; time length .................. HB 1554

State Authorities; land leases; appropriated funds; prior approval

HB 1535

World Congress Center Authority; Industry and Trade Department; powers HB 1691

World Congress Center; conditions defined for state participation ............ HR 746

DOMESTIC RELATIONS (Also See Human Resources or Social Services)

Adopted Children; health insurance coverage; effective date .................. HB 1527

Adoption Records; birth parent information; release procedures

SB 63

Adoptions; child placing agencies; payments to expectant mothers ............. SB 421

Adoptions; comprehensive revisions; procedures; prohibitions .................. SB 498

Child Abuse; county protocol committees; additional members

SB 640

Child Abuse; molestation; not bailable offense ............................... HB 776

Child Abuse; rape, molestation, enticement; age of consent under 17 ............. SB 5

Child Abuse; reports; counselors, child service personnel; photos.............. HB 1355

Child Abuse; reports; prohibit employer retaliatory actions ................... SB 665

Child Custody; age child select parent with whom to live ..................... SB 612

Child Custody; grandparent visitation rights ................................ HB 1434

Child Custody; visitation rights; noncustodial parent; location ................ HB 1294

Child Custody; Uniform Jurisdiction Act; adoptions; foreign country .......... HB 1509

Child Support; enforcement proceedings; immunity, court witnesses ........... SB 270

Child Support; enforcement; interest on judgments; DHR collect .............. SB 271

Child Support; enforcement; reimbursement for attorney's fees ................ SB 272

Child Support; substandard support; parent liability ......................... SB 269

Code Revisions, Corrections............................................... HB 1229

Duty of Support, Parent's; mentally, physically disabled minors ................ SB 35

Family Violence; definitions; arrests; warrants ............................. .HB 1407

Family Violence; domestic violence orders; violations; penalties

.... HB 1400

Family Violence; law enforcement training; urge ............................. SR 383

Family Violence; protective orders; enforcement duties ...................... HB 1406

Family Violence; relief petitions; allegations ................................ HB 1399

Family Violence; relief petitions; filing fees ................................. HB 1635

Family Violence; shelters and programs; licensing ........................... HB 1450

Family Violence; urge expand law enforcement training ...................... SR 382

Furnishing Alcoholic Beverages to Minors; parent's right of action. .......... HB 1123

Grandparent Visitation Rights; actions; petitions; adoptions.................. HB 1434

Grandparent Visitation Rights; special circumstances; revocation .............. SB 549

Marriage and Family Therapists; licenses; qualifications .................... HB 1701

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INDEX

2523

DOMESTIC RELATIONS (Continued) Minors; born out of wedlock; replace certain words in Code.................. HB 1612 Parents Without Partners Month; designate ................................. SR 117 Surrogate Parenting and Agreements; regulate ............................... SB 493 Wills; marital deduction; procedures ........................................ SB 255

DOUGHERTY COUNTY County Administrator; contracts, purchasing authority. ..................... .HB 1853 Magistrate Court; chief designated by state court judge ..................... HB 1726 Probate Court; judge's salary ............................................. HB 1883

DOUGLAS, CITY OF; homestead exemption; elderly; referendum

HB 1783

DOUGLAS COUNTY

Douglasville-Douglas County Water, Sewer Authority; members; expense

allowances; residency; benefits........................................... HB 1703

West Georgia Regional Water Authority Act; creation

...

HB 1156

DOWIS, DEE; Air Force Academy quarterback; commend ...................... SR 291

DOWNTOWN DEVELOPMENT AUTHORITIES (Also See Authorities) Joint Contracts; Urban Residential Finance Authority ....................... HB 1502 Projects; nonprofit hospitals, nursing homes; refinance powers ................. SB 577

DRIVER'S LICENSE (Also See Motor Vehicles and Traffic)

Applications; written tests requirements..................................... SB 117

DUI; violations; federal law, local ordinances, current or prior laws; other states HB 37

Examiners; deputy voter registrars; additional registration places .............. SB 365

False Identification Documents; penalties ................................... SB 511

Habitual Violators; driving with revoked license; penalty .................... HB 1337

Habitual Violators; revocation; redefine conviction time period ................ SB 157

Habitual Violators; unlawful flight; felony if involve other elements

SB 150

Juvenile Traffic and Waterways Offenses; penalties........................... SB 147

Probationary; driving restrictions; hardship conditions ...

SB 517

Records; admissible evidence; photocopies, computer printouts ................ SB 562

Records; department review, correct invalid information ..................... HB 1334

Suspension; probationary; revocation; habitual violators; driving with

suspended license; conviction reports; citations; ID cards .................. HB 1467

Suspension; refusal of chemical tests; injurious traffic accident

SB 91

Suspensions; restricted driving permits; conditions .......................... HB 1570

Traffic Courts; conviction reports; fees; counties over 550,000

SB 545

DRIVING UNDER INFLUENCE, DUI

Chemical Tests for Alcohol, Drugs; dead persons............................ HB 1318

Chemical Tests; injurious traffic accidents; requirements ....................... SB 91

Chemical Tests; two identical tests administered 30 minutes apart

SB 317

Judgments or Sentences; alcohol concentration; evidence .................... HB 1660

Judgments or Sentences; fixing punishment; determining factors

SB 138

Juveniles; mandatory driver's license, permit suspension

SB 120

Serious Injury by Vehicle; maximum penalty; felony offense

HB 796

Unlawful Flight in Serious Traffic Offenses; felony ........................... SB 150

Vehicle Declared Contraband; forfeiture for no insurance coverage

SB 60

Vehicles; forfeiture, seizure procedures; proceeds of sale

SB 103

Violations; federal laws, local ordinances; other states ......................... HB 37

DRUGS AND DRUG ABUSE

Cocaine Trafficking; imprisonment, mandatory term.......................... SB 214

Cocaine Trafficking; mandatory, discretionary penalties ....................... SB 209

Cocaine; controlled substances; Schedule II list

HB 1388

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2524

JOURNAL OF THE SENATE

DRUGS AND DRUG ABUSE (Continued)

Controlled Substances; dangerous drugs; change listings ..................... HB 1636

Controlled Substances; imitations; penalties ................................ HB 1203

Controlled Substances; seized currency; evidence, photocopies ................. SB 561

Dangerous Drugs; complimentary samples; sale prohibited .................... SB 285

Dead Persons; chemical tests for alcohol, drugs ............................. HB 1318

Drug Abuse; education; public school health curriculum ....................... SB 66

Drug Testing; students in public schools, procedures

SB 65

Drug Trafficking; increase fines as condition of probation ..................... SB 122

Drug Trafficking; mandatory prison sentence; amend Constitution .............. SR 21

Drug Trafficking; not bailable offense; superior court jurisdiction .............. HB 776

Drug Trafficking; related murder conviction; death penalty procedures

HB 249

Drug Treatment; clinical records; confidentiality; civil actions

HB 1301

DUI; chemical tests requirements; injurious traffic accidents ................... SB 91

DUI; chemical tests; two tests administered 30 minutes apart ................. SB 317

Forfeited Money or Property; local government use of proceeds ................ HB 74

Forfeitures; Controlled Substances Act; local government use of money

HB 250

Griffin-Spalding County Anti-Drug Commission; create ...................... HB 1916

Juvenile Delinquent Acts; mandatory driver's license suspension. .............. SB 120

Marijuana Production; felony crime regardless of weight....................... HB 22

Minor Child Drug Screening Program; county health boards

SB 641

Prescriptions; dangerous drugs; duplicate from other practitioner

HB 968

DUBLIN, CITY OF; public utilities; ordinances; contracts; penalties; elections HB 1300

DUNDEE MILLS, INC.; 100th Anniversary; congratulate ...................... SR 373

DUVALL, DR. TAL C.; commend

.......... SR 436

E

ECONOMIC DEVELOPMENT

APDCs; industrial development financing; joint study committee

SR 264

APDCs; UGA Institute of Community and Area Development study ........... SR 263

Development Districts; ad valorem tax exemption incentives .................. SR 259

Export Finance Fund Program; corporations domiciled in Georgia

HR 659

Good Eating in Georgia; agricultural products promotion ..................... SR 279

Good Eating in Georgia; agricultural products promotion

SR 276

Good Eating in Georgia; official state menu; promote agriculture

HR 764

Good Eating in Georgia; promote product labeling; "Georgia-USA" ............ HR 738

Housing Financing; federal revenue bond program; urge extend ............... SR 295

Seed-Capital Fund; loans; small firms engaged innovative work................ HR 552

Youth Services; community plans; certain committees address

SR 470

EDUCATION (Also See Colleges and Universities or Schools or

Teachers Retirement)

Ad Valorem School Taxes; homestead exemption; certain age persons.......... HB 778

Adult Education; literacy and quick start programs

HB 1403

Alcohol, Smoking, Drug Abuse; public school health curriculum ................ SB 66

Applicants for Certification; fees .......................................... HB 1714

Appropriations; capital outlay funding; facilities, planning grants

HB 216

Asbestos Management Plans; state board powers; federal funds

HB 1404

Asbestos; school districts; recovery actions; extend period ..................... SB 649

Assessment of Student Achievement; state-wide evaluation ................... SB 588

Athletic Associations, Private; activities in public schools

SB 126

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INDEX

2525

EDUCATION (Continued)

Beer, Wine Sales; prohibit near educational buildings, exceptions............... SB 49

Board, Department; personnel; retirement membership; options .............. HB 1071

Boards; members; qualifications; high school diploma......................... SB 528

Central State Hospital Employees; former teachers; salaries................... SB 595

Children and Youth Commission; creation of ............................... HB 1371

Code of Ethics; urge Professional Practices Commission create ................ SR 298

Code Revisions, Corrections ............................................... HB 1229

Colleges; university status; enhance 2 south Georgia colleges .................. SR 336

Colleges; university status; Georgia Southern, Valdosta State.................. SR 337

Commissioner, Office of; create; appointment procedures...................... SR 270

Community Education and Development Act; enact ......................... HB 1488

Community Education and Development Act; grants ......................... SB 433

Compulsory School Attendance; change age ................................ HB 1369

Cooperative Education Service Agencies; nonprofit contractors ............... HB 1618

Counseling Services; elementary, middle schools; review funding............... SR 469

County Boards; grievance procedure standards, policies....................... SB 638

County Boards; interlocal risk management agencies; insurance................ SB 438

County Boards; interlocal risk management; liability insurance ................ SB 627

County Boards; leadership development, training; grants...................... SB 433

County Boards; leadership training development grants...................... HB 1488

County Boards; members; compensation; 400,000 to 525,000 population ....... HB 1032

County Boards; minority business contracts; study tax incentive............... SR 476

County Boards; school tax millage rates; equalization procedures .............. SB 509

Drug Testing; students in public schools, procedures .......................... SB 65

Educational Reinvestment Act for AFDC Children; GERA trust program ...... SB 232

Educational Reinvestment Act for AFDC Children; GIERA trust program

SB 530

Employees of Educational Institutions; employment security law .............. SB 491

Employment Certificates for Minors; core curriculum passing grades ........... SB 313

Foreign Language Institute; create.......................................... SB 291

Georgia Education Authority (Schools and Universities); membership

SB 419

Georgia Education Leadership Academy; attendance requirements

HB 1404

Georgia Grievance Procedures Act; certificated personnel ..................... SB 638

Gifted High School Students; early college admission; housing ............... HB 1501

Health Curriculum; required courses; alcohol, smoking, drug abuse ............. SB 66

Interlocal Risk Management; liability insurance; local systems................. SB 627

Interlocal Risk Management; sovereign immunity; excess loss fund ............ SB 438

Local Boards; meetings; training; school superintendent duties ............... HB 1404

Local Boards; personnel policies; uniform procedures; review .................. SR 377

Local School Districts; tax assessments; public utilities

HB 337

Local School Systems; additional tax revenue sources ........................ SR 284

Local Systems; employment contracts; policies, procedures .................... SB 662

Local Systems; minimum salary schedule; career ladder programs ............. SB 664

Local Systems; other revenue sources; temporary local sales tax ............... SR 361

Local Systems; recalculation of amount of funding; FTE count............... HB 1422

Local Systems; staff development plans; stipends ........................... HB 1539

Nursing Home Assistants; federal mandated training ......................... SR 424

Nursing Home Assistants; vocational training; requirements ...

SB 515

Physicians, Osteopaths; approved continuing education programs .............. SB 444

Postsecondary; trust investment program for AFDC recipients ................ SB 530

Postsecondary Vocational Education Board; name changed .................. HB 1403

Preschool Programs; religious nonprofit; licensure; inspections ................. SB 111

Private Colleges Authority; student loan revenue bond proceeds ............... SB 371

Professional Development Programs; stipends; staff development plans........ HB 1539

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2526

JOURNAL OF THE SENATE

EDUCATION (Continued)

Professional Practices Commission; educators; code of ethics .................. SR 298

Proprietary School Act; certificate of authorization ........................... HB 905

Public School Employees Retirement; increase benefit amount ................ HB 482

Public School Employees Retirement; postretirement benefits

HB 480

Public School Employees Retirement; prior teaching service credit

.SB 221

Public School Employees Retirement; 40 or more years service ............... HB 1025

Public School Employees; retirees; health insurance coverage.................. SB 316

Public Schools; county jail construction; proximity to schools

SB 500

Public Schools; eligibility for enrollment; change date ........................ SB 465

Public Schools; principals; classroom teaching requirements ................... SB 477

QBE Formula; student counts; salaries; midterm adjustment; grants

SB 439

QBE; full-time equivalent program count; recalculation; funding

HB 1422

QBE; state-wide evaluation of student achievement; task force

SB 588

Quality Basic Education Act; program weights; teacher sick leave

HB 1240

School Bond Elections; election dates; counties 550,000 or more

HB 1218

School Buildings; asbestos management plans; public, private owners

HB 1404

School Bus Drivers; increase minimum salary

HB 1692

School Buses; colored flasher lights; change requirements ...................... SB 90

School Buses; speed limits ................................................ HB 1443

School, College or Universities; prohibit hazing; penalty ..................... HB 1662

School Lunch Programs; ad valorem taxes; municipalities .................... HB 1785

School Security Personnel; firearms; law enforcement powers................. HB 1404

School Security Personnel; membership Teachers Retirement System

SB 370

School Year; variance in length; snow-days ................................. HB 1276

Schools; voter registrars; certain designated personnel ........................ SB 508

Sex Education; course of study in public schools ............................. HB 905

Sex Education; prescribed course in public schools ........................... SB 351

Sex Education; public schools; course topics defined

SB 352

Special Programs; funds; grants; children in custody; remedial

HB 1404

Staff Development Plans; stipends; local system requirements

SB 663

State Board; members; each congressional district elect; terms ................ HR 665

State Board; members; General Assembly elect; amend Constitution ........... SR 142

State Board; personnel policies; review local procedures

SR 377

State Medical Education Board; executive director .......................... HB 1483

State School Superintendent; compensation ................................ HB 1342

State School Superintendent; compensation; state commission fix.............. SB 553

State School Superintendent; create Office of Commissioner

SR 270

State School Superintendent; state board appoint; amend Constitution......... SR 142

State-wide Information Network; participatory agencies; data ................. SB 588

Superintendents; local; elections; qualifications; vacancies ..................... SB 323

Superintendents; school boards appoint; amend Constitution

SR 129

Teachers; applicants for certification; fees ............... .................. HB 1714

Teachers; health insurance; employer contributions; share

HB 1622

Teachers; health insurance; retirees; reopen participation option............... SR 404

Teachers; maximum class size; substitutes; evaluation files ................... HB 1404

Teachers; paraprofessionals; aides; employment contracts ..................... SB 662

Teachers; paraprofessionals, aides, licensed personnel; salaries

SB 664

Teachers; pregnancy leave; retirement provisions ............................. HB 278

Teachers; public school retirees; retirement benefit adjustment

HB 357

Teachers; sick leave; accumulation toward retirement

SB 161

Teachers; sick leave, unused; accumulation, payments; QBE funding

HB 1240

Teachers; tests administered to students; prohibited conduct.................. SB 613

Teachers; withdrawn retirement contributions; reestablish credit .............. HB 382

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INDEX

2527

EDUCATION (Continued)

Technical and Adult Education; board and department; established for adult

literacy and quick start programs........................................ HB 1403

Technical-Vocational; agency name changed; retirement provisions .......... .HB 1779

Tuition Equalization Grants; define approved private colleges ................. SB 152

Tuition Equalization Grants; private colleges; "full-time student" ............. SB 424

University System; athletic events; Public Safety Officer duties................ SB 417

University System; chancellor; compensation ................................ SB 553

University System; faculty; public school participation; urge

SR 363

University System; faculty; public school teaching requirement

SB 567

University System; handicapped facilities; standards; renovation............... SB 608

University System; laboratory, equipment, rehabilitation technology,

eminent scholars endowment study committee ............................. SR 407

University System; payroll deductions; contributions; dues ................... HB 1228

University System; purchase of pulping and paper machines; funds ........... HB 216

Vocational; postsecondary; laboratory, equipment, library needs

SR 248

Vocational; Sandy Ann White, 1987 GOAL Award; commend

SR 371

Vocational, State Board; executive director; compensation .................... SB 553

EDWARDS, FRANK; commend.............................................. SR 466

EFFINGHAM COUNTY Board of Commissioners; members; compensation ........................... HB 1725 High School Academic Decathlon Team; commend ........................... SR 474 High School Football Team; commend ............ SR 473

ELDERLY

Ad Valorem School Taxes; homestead exemption; referendum ................. HB 778

Ad Valorem Taxes; alternative tax deferral; counties of 550,000 ...... SB 533

Aging Population; joint committee to study anticipated needs ................. SR 360

Decedents of Nursing Homes; estates; residency determination

HB 1386

Honorary Hunting, Fishing Licenses; nonresident fees; reciprocity

HB 1597

Personal Attendant Care Program for Disabled Adults Act; enact ........... .HB 1217

Residential Water Service; past due bills; disconnect limitations

SB 427

Senior Georgians' Day; designate February 11 ............................... HR 779

Senior Georgians' Day; February 11, 1988 ........... SR 378

Single-family Residences; relative to architectural barriers .................... HR 721

Social Security, Railroad Retirement; income tax deduction .................. HB 1415

ELECTED OFFICIALS (See Elections or Public Officers and Employees)

ELECTIONS (Also See Ethics in Government)

Absentee Ballots; absentee registration cards; extend timeframe ............... SB 414

Absentee Ballots; persons permitted make application for elector

SB 407

Agriculture Commissioner; appointment by Governor; amend Constitution.

SR 132

Agriculture Commissioner; appointment by Governor; not elected

SB 326

Amend Code Title; revisions, corrections ..................................... SB 97

Ballots; change form; delete straight party ticket voting

SB 58

Ballots; delete straight political party vote except presidential ................. SB 11

Ballots; straight party or body ticket voting; delete method ................... SB 468

Bond Election Dates; counties of 550,000 or more........................... HB 1218

Campaign Contributions; insurance commissioner candidates .................. SB 539

Campaign Contributions; limit monetary amounts, disposition of excess ........ SB 234

Campaign Financial Disclosure; contributions; recall; reports

SB 97

Campaign Financial Disclosure; statements; filing; time period

SB 564

Campaign Funds; prohibited use; contributions to other candidates

SB 534

Candidates; campaign funds, prohibited use of; contributions ................. SB 534

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2528

JOURNAL OF THE SENATE

ELECTIONS (Continued)

Candidates; qualifying; use of agents; certain primaries ....................... SB 615

Change of Address Notification; absentee ballot application

SB 402

Change of Address Procedures; remove oath requirement

SB 404

Chief Magistrates; non-partisan elections .................................... SB 194

Constitutional Amendments; summaries

SB 419

Education, Office of Commissioner; create; appointment procedures ............ SR 270

Education, State Board; each congressional district elect; terms .............. HR 665

Education, State Board; General Assembly elect; amend Constitution

SR 142

Ethics in Government Act; candidates or campaign committees; treasurer;

contributions; disclosure reports; penalties................................. SB 564

Ethics in Government Act; county and municipal officials

SB 309

Ethics in Government Act; insurer campaign contributions ................... SB 486

Governor; term of office, change to six years.................................. SR 16

Insurance Commissioner; appointment by Governor .......................... SB 324

Insurance Commissioner; campaign contributions; prohibitions ................ SB 539

Insurance Commissioner; campaign contributions; prohibitions ................. SB 76

Insurance Commissioner; ethics; campaign contributions; prohibitions ........... SB 18

Insurance Commissioner; ethics; insurer campaign contributions

SB 486

Insurance Commissioner; Governor appoint; amend Constitution .............. SR 130

Labor Commissioner; appointment by Governor, not elected .................. SB 325

Labor Commissioner; Governor appoint; amend Constitution .................. SR 131

Municipal; absentee ballot application as change of address

SB 402

Municipal; absentee balloting; exit polls, petitions ........................... SB 414

Municipal; absentee ballots; persons applying behalf of elector ................ SB 407

Municipal; candidates for nonjudicial offices; residency ....................... SB 408

Municipal; change of address procedures; remove oath requirement............ SB 404

Municipal; officers elected 1986; terms; local laws ............................ SB 625

Municipal; primaries; agents qualifying for candidates ........................ SB 615

Municipal; straight party or body ticket voting; delete method ................ SB 468

Municipal; straight party ticket voting; delete; procedures ..................... SB 58

Municipal; straight party voting; delete; except presdential .................... SB 11

Municipal; voter registration identification; marriage licenses .................. SB 405

Municipal; voter registration; records; books close; name removal.............. SB 508

Polling Places; absentee balloting; restrict campaign activities ................. SB 414

Presidential Electors; methods of casting ballots .............................. SB 58

Qualifying Fees of State Political Parties; distribution ....................... HB 1326

Reapportionment; Senate Districts 15 and 16; composition .................... SB 582

Recall of Public Officials; change certain procedures........................... SB 61

Registered Voters; placement of names on jury lists .......................... SB 346

State Ethics Commission; complaint procedures; powers; membership ........... SB 97

State Officers, Employees; political activities authorized; limitations ............. SB 3

State School Superintendent; appointment; amend Constitution

SR 142

Superintendents of Local Schools; qualifications; vacancies

SB 323

Unopposed Candidates; conduct of special, general elections

SB 414

Vote Tabulating Machines; use of optical scan systems ....................... SB 615

Voter Registration; identification by certified marriage license

SB 405

Voter Registration; registrars; license examiners, facilities

SB 365

Voter Registration; registrars; records; books close; name removal

SB 508

Voting; delete straight political party vote except presidential.................. SB 11

Voting; straight party ticket vote prohibited; exceptions

... SB 58

ELECTRIC MEMBERSHIP CORPORATIONS Officers, Directors; standard of care; liability; indemnification Public Service Commission; fee assessment for operating costs

SB 536 HB 443

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INDEX

2529

ELECTRICAL CONTRACTORS; licensure, examination exceptions ........... SB 62

EMANUEL COUNTY

Board of Education; members, compensation ............................... HB 1698

Board of Elections; additional member; designation of chairman

HB 1718

EMERGENCY MANAGEMENT; repeal state assistance to local organizations. HB 404

EMERGENCY MEDICAL SERVICES

Air Ambulance Services; regulation; licensure ................................ SB 460

Ambulances; number of technicians required; certain counties

HB 177

Automatic Defibrillators; use; qualified personnel defined

SB 462

Emergency Vehicles; colored lights; permit exemptions ...................... HB 1743

Mutual Aid Act; assistance to another political subdivision ................. HB 1285

Paramedics; advanced technicians; recertification; age; license suspension

appeals; administration of drugs ......................................... SB 573

Personnel; patient treatment; physician communication program .............. SB 461

Revisions; regional councils; trauma centers; advisors; paramedics ............. SB 315

Technicians; communicable disease exposure; insurance coverage .............. SB 496

Technicians; urge farm accident module training in rural areas

SR 481

Trauma Centers; physicians emergency services; liability; immunity............ SB 455

EMERGENCY TELEPHONE NUMBER "911" SERVICE Emergency Calls; cellular radio phones; fees prohibited ....................... SB 484 Maintenance fees ......................................................... HB 218

EMERSON, CITY OF; new charter; boundaries; powers ..................... HB 1686

EMINENT DOMAIN; property acquisition for highway improvement; define purposes ........................................................... SB 118

EMPLOYEE HEALTH BENEFIT PLAN, STATE (Also See State Employees)

Employer Contributions; computation; discharged employees

HB 1623

Firemen, Peace Officers; inclusion

HB 1212

Void Checks or Drafts; discharge debt ..................................... HB 1493

EMPLOYEES' RETIREMENT SYSTEM

Agrirama Development Authority; membership; officers, employees

HB 896

Counties of 500,000; membership options; family and childrens services

SB 379

Counties of 550,000; county health board employees; options ................... SB 87

Creditable Service; public service in other states, federal agency

SB 304

Creditable Service; redefine prior service; military service credit ................ SB 38

Director; compensation .................................................... SB 553

District Attorney Investigators; membership .................................. HB 24

Education Board, Department Personnel; membership options

HB 1071

Environmental Facilities Authority; membership; past service credit

.HB 1046

Postretirement Benefit Adjustment; cost-of-living increase .................... HB 358

Retirees; options revocation; divorce; spouse's death; remarriage ............... SB 129

Technical and Adult Education Department; agency name changed

HB 1779

EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations)

Code Revisions, Corrections.............................................. HB 1229

Displaced Workers; small business entrepreneurial assistance

SR 471

Educational Institutions; intervals between academic terms, years ..... SB 491

Income Tax; setoff of refunds; improper unemployment compensation

SB 490

Penalties; fictitious employing unit; delinquent filing; interest ................. SB 491

EMPLOYMENT Criminal History Records; dissemination by law enforcement ................. HB 312 Death Caused by Intentional Act of Employer; penalty ....................... SB 495

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2532

JOURNAL OF THE SENATE

EXAMINING BOARDS, STATE (Continued)

Physical Therapists; licensure; standards of care ............................. SB 292

Podiatry, Board of Examiners; extend to 1994 .............................. HB 1349

Real Estate Commission, Georgia; extend to 1994 ........................... HB 1451

Speech Pathology and Audiology; continue; physician hearing tests

HB 432

State Medical Education Board; executive director

HB 1483

Veterinary Medicine, State Board of; extend to 1994

HB 1209

EXCAVATION, TRENCH AND SHORING SAFETY ACT; regulate construction .............................................................. SB 580

EXTRADITION WAIVERS; magistrate courts; jurisdiction .................. SB 201

FABIANI, ROZELL; commend............................................... SR 398

FAIR BUSINESS PRACTICES (Also See Commerce and Trade)

Actions for Damages; orders; procedures; injunctions; appeals

HB 1405

Charitable Sales Promotions; regulate; fundraisers; sanctions

HB 1324

Loans on Indebted Property Used as Dwelling; deceptive practices

SB 648

Motor Vehicle Dealers; deceptive practices unlawful, retail sales

SB 257

Motor Vehicle Sales; owner change standardized color, remove logo

SB 632

Multilevel Distribution Companies; regulation; prohibitions

HB 1565

Promotional Giveaway or Contests; deceptive schemes; prizes

HB 1370

Promotional Giveaway or Contests; prohibit conducting

SB 529

Retail Sales; manufacturer's rebates; redemption ............................. SB 600

Revolving Charge Accounts; maximum monthly finance charges ............... SB 568

Service Marks; counties and municipalities; registration

SB 558

Telephone Solicitors; magazine subscription orders; prohibitions

SB 575

Telephones; automatic dial, recorded messages; regulate; permits ............... SB 17

Telephones; soliciting calls to 976 numbers; equipment; U.S. mail

HB 1497

Theaters; motion picture bidding procedures; repeal Act...................... SB 634

Ticket Agents for Athletic Events; service charges .......................... HB 1724

Used Car Dealers; fraudulent practices; tamper odometer ................... HB 1304

Used Cars; retail sales agreement; cancellation procedures

SB 447

FAIRBURN, CITY OF

Corporate limits ......................................................... HB 1184

Corporate limits; annex certain property

SB 522

FAMILY VIOLENCE (Also See Domestic Relations or Social Services)

Acts Between Certain Persons; redefine; arrests; warrants

HB 1407

Acts; pistol and revolver sales; waiting period

SB 452

Acts; pistols and revolver sales; waiting period ............................... SB 378

Domestic Violence Orders; violations; penalties ............................. HB 1400

Law Enforcement Personnel; urge expand training curriculum

SR 382

Law Enforcement; urge Police Academy implement advanced training

SR 383

Protective Orders; enforcement; law enforcement agencies

HB 1406

Relief Petitions; allegations; probable cause ................................ HB 1399

Relief Petitions; filing fees ................................................ HB 1635

Shelters and Programs; licensing; victim assistance .......................... HB 1450

FANNIN COUNTY

Magistrate Court; chief magistrate; nonpartisan election ...................... SB 682

Probate Court; judge, nonpartisan nomination and election

SB 677

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INDEX

2533

FARMS AND FARMERS (Also See Agriculture) Agricultural Pursuits; prohibit county health boards regulate................. SB 290 Farm Bureau Day; proclaim February 10, 1988 .............................. SR 365 Farm Wineries; Sunday wine sales on premises ............................. HB 1558 Fertilizer, Plant Growth Regulator, Pesticide Contamination; liability; proof. . . HB 1518 Fish Farms; commercial hatcheries; define; exceptions; licensure ............... HB 7 Nuisances; agricultural facilities, operations; exceptions ....................... SB 570 Tax, Preferential Property Assessment; filing; ownership changes .............. SB 211 Tax Returns, Estimated; filing requirements; due dates...................... HB 1417 Taxes; preferential ad valorem assessment; transfers; covenant ............... HB 1464 Tobacco; urge U.S. Committee on Smoking and Health not limit exports ...... SR 366 Water Irrigation; surface withdrawal permits; emergency shortages ........... HB 1543
FAYETTEVILLE, CITY OF; corporate limits; deannex certain property...... HB 1866
FEDERAL GOVERNMENT (Also See Congress, U.S.) Employees; educational institutions; unemployment compensation ............. SB 491 Internal Revenue Code of 1986; incorporate into Georgia law ............... .HB 1415 Motor Fuel Tax; urge Congress exempt farmers for off-road uses .............. SR 370 Motor Fuel Tax; urge reverse local government pay/refund policy ............. HR 661 Ratify U.S. Constitution; limit congressional salary increases .................. HR 282 Southern Region Primary; relative to children and youth issues ............... SR 447 Tobacco Exports to South Korea; urge petition for fair market................ SR 423 Tobacco; urge U.S. Smoking and Health Committee not limit exports ......... SR 366 U.S. Forest Service; public land exchange; Towns, Dawson Counties .......... .HR 877
FINANCIAL INSTITUTIONS (See Banking and Finance)
FINANCIAL PLANNERS, INVESTMENT ADVISORS; regulation .......HB 1566
FIRE PROTECTION AND SAFETY Alarm Systems; private property sales, leases ................................ SB 630 Emergency Notification Act; toxic substance hazards in workplace ............. SB 137 Emergency Vehicles; colored lights; permit exemptions ...................... HB 1743 Firefighters; obstruct, hinder performance of duty; penalties ................. HB 1436 Firemen; communicable disease exposure; insurance coverage ................. SB 496 Firemen; rights in administrative proceedings, civil actions.................... SB 457 Firemen; volunteers; special motor vehicle license plates ....................... SB 37 Firemen's Pension Fund; employees; health insurance ....................... HB 1212 Firemen's Pension Fund; increase maximum benefits ......................... HB 356 Firemen's Recognition Day, 16th Anniversary; commend...................... SR 304 Forest Fire Protection; permits for burning woods, lands ...................... HB 34 Handicapped Facilities, Spaces; commissioner; enforcement powers ............ SB 608 Liquid Propane Gas Pressure Vessels; inspections; exemption ................ HB 1576 Mutual Aid Act; emergency aid to another political subdivision .............. HB 1285 Smoke Detectors; require in buildings with sleeping accommodations ......... .HB 311 Special Fire Districts; limit county fees, tax assessment ..................... HB 1463 Volunteer Safety Programs; nonprofit associations; liability .................. HB 1335
FIREARMS AND WEAPONS Amusement Parks, Public; use of metal detectors to detect .................. SB 466 Bombs; false or facsimiles; prohibitions; penalties ............................ HB 601 Carrying; exemption to prohibition; full-time officials......................... SB 586 Dealers; acquisition, disposition records; inspections; sanctions ............ .HB 1394 Dealers; regulate pistol, revolvers sales ...................................... SB 378 Dealers; sales of pistols, revolvers; regulate; waiting period .................... SB 452 Discharged at Moving Vehicles; felony penalty............................... SB 401 Explosives, Weapons; rail vehicle hijacking; penalties ........................ HB 1629
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2534

JOURNAL OF THE SENATE

FIREARMS AND WEAPONS (Continued) Probationers; allow for hunting purposes; probation supervision ............... SB 651 School Security Personnel; authority to carry; certain counties ............... HB 1404 Weapons Used in Commission of Crime; disposition procedures ............... SB 614

FIRST AFRICAN BAPTIST CHURCH OF SAVANNAH, 200TH ANNIVERSARY ......................................................... SR 288

FISCAL IMPACT LEGISLATION Fiscal Impact; information required with legislation ......................... HB 1802
Local Government Impact Fiscal Notes Act; repeal.............. SB 22 Retirement Bills; passage provisions; actuarial studies .......................... SB 6

FISHING (See Game and Fish)

FITZGERALD CITY SCHOOLS; merger; Ben Hill County Public School System ........................................................... HB 1709

FLEA MARKET MERCHANTS; regulate; licensure; records ........... SB 555

FLETCHER, JAN; National 4-H Championship; commend ........... SR 306

FLORIDA Fishing License Reciprocity; honorary license for blind persons............... HB 1244 Hunting, Fishing Licenses; nonresident fees; reciprocity ..................... HB 1597

FLOYD COUNTY; homestead exemption; school tax; income limits; referendum. ............................................................ .HB 1904

FLOYD, JAMES H. "SLOPPY"; bust in Veterans Memorial Building......... HR 631

FOLKSTON, CITY OF; municipal court; jurisdiction, powers, authority....... HB 1818

FOOD SERVICE ESTABLISHMENTS Alcoholic Beverages; liability of person who sells, serves, furnishes ....... HB 1495 Drinking Water; provide free of charge upon request......................... SB 446

FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies) Dairy Milk Containers, Cases; unlawful possession ........................... SB 642 Drugs; deceptive price advertising by pharmacists............................ SB 397 Drugs; duplicate prescriptions; withholding information....................... HB 968 Food Service Establishments; drinking water; prohibit charge for .............. SB 446 Food; retail sales of perishable items; dated packaging ....................... SB 464 Good Eating in Georgia; designate official state menu ....................... HR 764 Good Eating in Georgia; menu campaign; relative to ......................... SR 279 Good Eating in Georgia; menu promotion; relative to. ........................ SR 276 Good Eating in Georgia; promote product labeling; "Georgia-USA" ............ HR 738

FOREIGN LANGUAGE INSTITUTE, GEORGIA; create

SB 291

FOREST PARK, CITY OF; new charter; powers and duties ................ .HB 1811

FORESTRY Fire Protection; permits for burning woods, lands, marshes .................... HB 34 Forest Land; property tax assessment; existing use; rules ..................... SB 579 State Board of Registration; membership; powers; extend to 1994 ............. SB 550 State Commission; director; compensation ................................... SB 553 U.S. Forest Service; land exchange in Towns, Dawson Counties .............. .HR 877 Vehicles; harvesting, transporting products; comply safety rules ............... HB 859 Vehicles Transporting Products; securing loads ............................. HB 1548 Vehicles Transporting Pulpwood or Logs; securing .......................... HB 1665 Vehicles; transporting pulpwood or log loads; manner of securing.............. SB 650

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INDEX

2535

FORGERY AND COUNTERFEITING (Also See Crimes and Offenses) False Identification Documents; penalties ................................... SB 511 Patient's Health Records; falsification by health providers; penalty ..... HB 1598
FORSYTH COUNTY Board of Commissioners; compensaton; expenses ............................ HB 1890 Civil Service System; creation ............................................. HB 1188 State Court; judge, solicitor, clerk; qualifications; compensation ........ HB 1801
FORT YARGO STATE PARK; consent to annexation by City of Winder ... HR 621
FRANKLIN, CITY OF; new charter; incorporation; boundaries; powers ...... HB 1902
FREEMAN, WILLIAM H., MEMORIAL BRIDGE; designate in Wilkinson County. ....................................................... HR 725
FULTON COUNTY Ad Valorem Taxes; alternative tax deferral for elderly........................ SB 533 Annexation; municipalities; approval; change population figures ................ HB 66 Atlanta Urban Enterprise Zone Act; enact.................................. HB 1634 Board of Commissioners; elections; procedures ............................... SB 581 Board of Commissioners; travel expenses; vouchers; contributions.............. SB 626 Board of Education; members; compensation ................................ HB 544 Board of Health; employees retirement system options ........................ SB 87 Board of Health; reimbursement for employee retirement services .............. SB 88 Bond Election Dates; counties of 550,000 or more........................... HB 1218 Court Systems; state and magistrate; fees for special fund .................... SB 253 Excise Tax; rooms, lodging, accommodations; increase; domed stadium........ HB 1554 Family and Children Services; certain employee retirement options ........... SB 379 Fulton County; library board of trustees; membership ....................... HB 1780 Health Board; employee health insurance; reimbursement by state ............ SB 532 Homestead Exemption; referendum ........................................ HB 1511 Medical Examiner; subpoena powers; evidence ............................... SB 655 North Fulton County Incorporation Joint Study Commission ................. SR 106 Personnel Board; civil service; disciplinary procedures ....................... HB 1089 Property Lease; state-owned, Whitehall-Peachtree and Central Avenue......... HR 591 Sales Tax Proceeds; distribution formula; special tax districts ................. SB 543 Solid Waste Disposal Sites; permits; distance adjoining county ................ HB 862 State Court; costs; proceedings against tenants holding over .................. SB 212 Superior Courts; jury clerks; personnel; appointment ......................... SB 602 Teachers; membership in Teachers Retirement System; payments ............. HB 704 Traffic Courts; conviction reports; fees ...................................... SB 545 Zoning Proposals; approval of unfavorable recommendations .................. SB 596
FUNERALS AND FUNERAL ESTABLISHMENTS Interment of Indigent Persons; funds paid by counties ...................... HB 1732 Preneed Funeral Service Insurers; campaign contributions prohibitions.......... SB 18

G
GAINESVILLE, CITY OF; Chicopee Woods Area Park Commission; name change; members; purposes .......................................... HB 1784 Refer to numerical index for page numbers

2536

JOURNAL OF THE SENATE

GAME AND FISH (Also See Natural Resources)

Alligators and Alligator Products; hunting, possession; regulate ................ SB 594

Code Revisions, Corrections

HB 1229

Commercial Fishing; illegal fishing, shrimping penalties

HB 912

Deer Hunting; antlerless or either-sex; certain days, counties

HB 1440

Deer Hunting; bag limits; antlerless deer limits, season

SB 551

Deer Hunting; night hunting with lights; misdemeanor cases

HB 1647

Deer Hunting; report number killed to General Assembly

HB 1694

Deer Hunting; season, bag limits; antlerless or either-sex deer

HB 1441

Fish Farms, Hatcheries; agricultural pursuits; define; licensure

HB 7

Fishing in Ogeechee River; shad or creel possession limits

HB 1611

Fishing With Bow and Arrow; Lake Strom Thurmond

HB 1139

Fishing; honorary licenses for blind persons; reciprocity

HB 1244

Fishing; red drum, spotted sea trout; minimum size limits

HB 1460

Fishing; sport trotlines; one-half mile below lock, dam

HB 1446

Hunter Education Courses; nonresident hunting licenses

HB 1597

Hunting; honorary licenses, 65 years or older; reciprocity

HB 1597

Hunting; pen raised quail, field trials; bear hunting, clothing

HB 1597

Lake Walter F. George; designate new state park for George T. Bagby

HR 696

Misdemeanor Violations; probate court jurisdiction.......................... HB 1647

Oysters and Clams; closed seasons

HB 1794

Wild Animal Licenses; insurers

HB 1597

GARBAGE (See Waste Management or Landfills)

GARFUNKEL, BENJAMIN M., BRIDGE; designate; Wilmington River at Thunderbolt ..................................................... HR 800

GARNISHMENT; proceedings; continuing if earnings computed hourly, weekly SB 247

GASOLINE AND PETROLEUM PRODUCTS

Liquid Propane Gas; pressure vessels

HB 1576

Motor Fuel; federal tax; urge Congress exempt farm usage

SR 370

Petroleum Marketing Study Committee; create

SR 408

Service Stations; dispensing to handicapped persons; permits

SB 574

Service Stations; retail sales; air, water facility requirements .................. SB 425

Spills, Releases; reporting requirements; enforcement; agencies

HB 775

Underground Storage Tank Act; enact; petroleum spills; trust fund fees....... HB 1851

GENERAL ASSEMBLY

Adjournment; January 15 to January 25 .................................... SR 260

Adjournment; February 12 to February is .................................. HR 797

Adjournment; February 19-22, 26-29; March 4-7 ............................. SR 406

Adjournment; amend SR 406; adjourn March 4 at 12:00 Midnight

SR 501

Adjournment; sine die March 7 ............................................ SR 509

Appropriations; supplementary; emergencies; two-thirds vote

SR 86

Black Caucus; minority business corporations; officers selection

SB 569

Budget Act; change definition of "appropriation"

HB 1001

Childs, Peggy M., Honorable; portrait in Legislative Office Building

HR 699

Code Revisions, Corrections

HB 1229

Corrections Department; notify construct confinement facilities

HB 1689

Court of Appeals; review rules; preappeal settlement conferences

HB 615

Education, State Board; elect members; amend Constitution

SR 142

Fiscal Affairs Subcommittees; state agencies' land leases; approval

HB 1535

General Acts; expenditure increases to local governments

SR 396

Initiative Petition; laws and statutes enacted by people

SR 41

Introduction of Bills; fiscal impact informaton required

HB 1802

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INDEX

2537

GENERAL ASSEMBLY (Continued)

Joint Session; Chief Justice Thomas O. Marshall, Jr. address ................. HR 545

Joint Session; Governor's message .......................................... HR 543

Joint Session; invite Supreme and Appellate Court Justices ................... HR 544

Legislative Counsel; indexing; publication of Georgia Laws................... HB 1223

Legislative Counsel; privileged communication, records ....................... SB 435

Legislative Records; members' personal papers; official depository ............. SR 301

Lieutenant Governor; compensation ....................................... HB 1342

Lieutenant Governor; compensation ....................................... HB 1195

Lobbyists and Registered Agents; unauthorized use of signatures

....... SB 345

Local Government Impact Fiscal Notes Act; repeal. ........................... SB 22

Major Officers of State Government; salary approval; reports.................. SB 553

Members; election and terms; change to four-year term ........................ SR 7

Members; Executive, Judicial Branch committees; reimbursement

HB 1196

Members; reimbursable expenses; per diem differential; penalties ............ SB 262

Members; retirement; prior service credit ................................... SB 193

Members; retirement; prior service credit ................................... HB 106

Members; retirement; reduce benefits members after 6-30-87 .................. SB 222

Members; right to practice law ............................................. HB 369

Members; salaries; state compensation commission determine ................. SB 553

Members; special license plates; revocation; seizure.......................... HB 1305

Notify Governor; General Assembly convened .............................. HR 540

Population Bills; redefine; prohibited classification devices ................... HB 1872

President Pro Tempore of Senate; compensation ............................ HB 1196

QBE; subcommittee; public school systems evaluation profiles ................. SB 588

Reapportionment; Senate Districts 15 and 16; composition .................... SB 582

Reports from Consumers' Insurance and Utility Counsel .......... SB 467

Reports from Natural Resources Department; deer killed .................... HB 1694

Reports from State Board of Education .................................... HB 1404

Retirement Bills With Fiscal Impact; passage provisions; actuarial studies ........ SB 6

Revenue Bills; certain legislation originate either Senate or House ............... SR 6

Revenue Commissioner; reports; equalization of county tax digests ........... HB 1279

Senate Convened; notify House, January 11, 1988

.............. SR 243

Speaker of the House of Representatives; compensation .................... HB 1195

Speaker Pro Tempore of House; compensation. ............................ .HB 1196

Standing Committees on Interstate Cooperation; membership ................. SB 419

State Agencies; proposed rule changes, effective date ......................... SB 210

State Agencies; report interest paid to vendors for purchases ................. SB 618

State Authorities; real property sales; approval .............................. SB 480

State Officers Compensation Commission; approve recommendations ........... SR 323

Transportation, State Board; election of members; recorded vote

SB 521

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI Criminal History Records; dissemination; conditions; exclusions ............... HB 312 Director; compensation .................................................... SB 553 Evidence; written scientific reports; defendant's rights ......................... HB 47 Investigations of Educators; student testing violations ........................ SB 613 Medical Examiners; definition ............................................. HB 1362 Missing Children Information Center; redefine age of person .................. HB 228 Sex Criminal Convictions; records; reports; repeal........................... HB 1429

GEORGIA CHRISTIAN SCHOOL BASKETBALL TEAM; commend ........... SR 460

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2538

JOURNAL OF THE SENATE

GEORGIA CODE (See Code of Georgia)

GEORGIA COLLEGE

Motor Vehicle License Plates; commemorative issuance....................... SB 505

Motor Vehicle License Plates; commemorative issuance

HB 1308

GEORGIA INSTITUTE OF TECHNOLOGY Bourne, Dr. Henry Clark, Jr., Acting President; commend Crecine, Dr. John Patrick; new President; commend

SR 268 SR 289

GEORGIA MUNICIPAL ASSOCIATION

Commend ................................................................ SR 285

Local Government Bond Debt; develop reporting requirements

SR 380

GEORGIA MUTUAL AID ACT; enact

HB 1285

GEORGIA POLICE ACADEMY; urge family violence training ............... SR 383

GEORGIA PUBLIC SAFETY MEMORIAL Forsyth Training Center; support establishment of......................... HR 1021 Forsyth Training Center; support public donations ........................... SR 418

GEORGIA PUBLIC TELEVISION AND ARRIVE ALIVE GEORGIA; commend SR 374

GEORGIA SOUTHERN COLLEGE Stallings, Jack, Baseball Coaches Hall of Fame; commend .................... SR 357 University Status; urge regents board take action ............................ SR 337

GEORGIA STATE UNIVERSITY

College of Law Moot Court Team; commend

SR 338

Langdale, Noah, President; commend

SR 359

Law Library; official depository; legislative members' records.................. SR 301

GEORGIA STUDENT FINANCE AUTHORITY Educational Reinvestment Act for AFDC Children; administration Educational Reinvestment Act for AFDC Children; administration

SB 530 SB 232

GEORGIA STUDENT FINANCE COMMISSION

Executive Director; compensation

SB 553

Private Colleges and Universities Authority; bond proceeds ................... SB 371

GEORGIA VETERANS STATE PARK; General Courtney Hicks Hodges Building; plaque ................................................... HR 905

GILMER COUNTY

Board of Commissioners; create; districts; powers ............................ SB 678

Board of Education; members; nonpartisan election; referendum

SB 679

School Superintendent; nonpartisan election; referendum

SB 688

GINGRICH, CONGRESSMAN NEWT; remarks............................ Page 1497

GIRL SCOUT GOLD AWARD; commend recipients

SR 302

GLYNN COUNTY Brunswick-Glynn County; sewage system; continue in force Brunswick Municipal Port and Terminal Facilities; continue

HB 510 HB 511

GOOSEY, DR. RALEIGH KIRBY; Mercer University; commend

SR 341

GOLDSTEIN, DR. MARVIN C.; Medical College Dental School; commend

SR 362

GOOD EATING IN GEORGIA

Designate official state menu to promote agriculture

HR 764

Official State Menu Promotion ............................................. SR 276

Promote Product Labeling; "Georgia-USA"; official state menu

HR 738

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INDEX

2539

GOOD EATING IN GEORGIA (Continued) Relative to Menu Campaign; promote agriculture ............................ SR 279

GORDON COUNTY

Board of Registrations and Elections; membership; employees................. SB 676

Calhoun Elks Home, Inc.; state-owned land; lease renewal ................... HR 702

Property Conveyance; W&A Railroad lessee; sell to Clifford W. Smith ......... HR 585

Property Conveyance; W&A Railroad right-of-way to William A. Davis

SR 367

Superior Court Clerk and Probate Court Judge; fees, salary provisions ......... SB 683

GORDON, CITY OF; new charter ......................................... HB 1835

GORE, HONORABLE ALBERT; U.S. Senator, Presidential candidate, introduction . ....................................................................... Page 338

GOVERNOR

Budget Act; change definition of "appropriation"

HB 1001

Compensation; state commission fix salary .................................. SB 553

Document Printing; delete certain requirements ............................. SB 166

Education Task Force; review counseling services QBE funding

SR 469

Election and Term of Office; change to six years.............................. SR 16

General Assembly convened; notify ......................................... HR 540

Joe Frank Harris; communications from .................. Pages 21, 23, 24, 276, 1666

Joe Frank Harris; State of the State and Budget address .............. Pages 56, 2409

Joe Frank Harris; veto letters 1987 and 1988 sessions .......... Pages 21, 23, 24, 1379

Joint Session; State of State and Budget message ............................ HR 543

Office of Highway Safety; seat belt public education program .................. HB 71

Public Service Commission; appointment of executive director ................ SB 609

GRAIN DEALERS; financial audits; certification; unlicensed persons

SB 440

GRAND JURIES (Also See Juries or Courts)

Circuit Grand and Trial; death penalty; public official drug cases.............. SB 149

County Officers Required Written Response to Recommendations

.SB 494

County Tax Equalization Boards; additional alternate members .............. HB 1465

County Tax Equalization Boards; selection of members

SB 628

County Tax Equalization Boards; selection; members; alternates

HB 1278

Indictments; municipal authority members; malpractice in office

HB 1425

Indictments Quashed Second Time; bar to prosecution; repeal

HB 1330

Investigative; circuit-wide, regional, state-wide ................................ SR 14

Investigative; special trial districts, judicial circuits............................ SR 22

Jurors or Court Officers; intimidate, impede, injure; penalties

HB 1479

Jurors; interpreters for hearing impaired persons

SB 474

Jurors; selection; death penalty, public official drug violation

SR 26

Juvenile Capital Crimes; procedures ........................................ SB 148

Open Meetings Requirements; exceptions to compliance

SB 394

Selection; judicial circuit basis .............................................. SR 14

Sheriffs; list of persons who hinder or obstruct; repeal ..................... HB 1531

Venue; criminal investigations; inability empanel impartial jury

SB 108

GRANDPARENTS Visitation Rights; actions; petitions; adoptions .............................. HB 1434 Visitation Rights; special circumstances; revocation petitions .................. SB 549

GRANTS

Community Education and Development Act; county education boards ........ SB 433

Community Education and Development Act; enact

...

HB 1488

Counties, Municipalities for Jails, Correctional Institutions ................... SB 546

Export Finance Program; loans for goods, services, agriculture ............... HR 659

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2540

JOURNAL OF THE SENATE

GRANTS (Continued) Local Governments; temporary loans for special service districts............... HR 626 Soil and Water Conservation Committee; powers; contracts .................. HB 1401 Trade Center Facilities; local governments; exclude carpet centers ............ HB 1036 Tuition Equalization Grants; define approved private colleges ................. SB 152 Tuition Equalization Grants; redefine "full-time student" ..................... SB 424
GREENE COUNTY; designate Jasper T. Copelan Bridge across Richland Creek .......................................................... .HR 590
GRIFFIN HIGH SCHOOL BASKETBALL TEAM; commend .................. SR 503
GRIFFIN JUDICIAL CIRCUIT; Superior Court; additional judge; jury impanelment......................................................... SB 258
GRIFFIN, CITY OF Griffin-Spalding County Anti-Drug Commission; create ...................... HB 1916 Griffin-Spalding County Development Authority; powers, members .......... HB 1913
GROUND WATER (Also See Waters, Ports and Watercraft) Contamination; certain products used in agriculture; proof................... HB 1518 Contamination; solid waste management study committee .................... SR 438 Georgia Underground Storage Act; petroleum spills; liability ................. HB 1851 Permits for Withdrawal; farm uses; water shortage priorities ................. HB 1543 Water Wells; distance between wells, septic tanks; variances ................ HB 1336
GUARDIAN AND WARD Born Out of Wedlock; replace certain words in Code ........................ HB 1612 Guardians and Trustees of Property; additional commission ................. HB 1163 Guardians; bonds; mismanagement; settlement of accounts; orders to deliver property; beneficiaries of Veterans' Administration .................. HB 669 Guardians for Adult Persons; filing; property location ....................... HB 1557 Income Taxes; fiduciaries; estimated tax; filing.............................. HB 1418
GWINNETT COUNTY Big Haynes and Alcovy Watershed; committee to study conditions ........... .HR 619 Board of Commissioners; recreate board; county manager .................... HB 1815 Board of Education; compensation of members ............................. HB 1762 Board of Elections; repeal Act ......................... HB 1102 Board of Registrations and Elections; create ................................. HB 995 Homestead Exemption; other than school district taxes; referendum .......... HB 1505 Homestead Exemption; school district taxes; referendum ................... .HB 1504 Homestead Exemption; school taxes; elderly, disabled; referendum............ HB 1617 Magistrate Court; additional fees for law library ............................. SB 590 Medical Examiner; powers and duties; abolish office of coroner............... HB 1795 Transportation Service Contracts, MARTA; financing; tax; referendum........ HB 1513
GWINNETT JUDICIAL CIRCUIT; additional judge ................. SB 32

H
HABEAS CORPUS Clerk for Certain Judicial Circuits; minimum number of writs................. SB 388 Death Penalty; inmate petitions; location of proceedings...................... SB 99
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INDEX

2541

HABERSHAM COUNTY Magistrate Court; probate judge serve as chief; terms; vacancies .............. HB 1602 Motor Vehicle Registration; staggered tag sales; referendum.................. HB 1739
HALE, ELLIS; mental health advocate; designate building for ................. HR 783
HAMRICK, WILLIAM EARL; Twiggs County Sheriff; commend................ SR 486
HANCOCK COUNTY District Attorney; Ocmulgee Judicial Circuit; salary supplement .......... SB 624 Sheriff; provide chief deputy; office employees; automobiles .............. SB 93
HANDICAPPED PERSONS Accessibility; parking lots and spaces; fare gate mechanism .................... SB 36 Blind, Advisory Commission on Programs for; create ......................... SB 318 Blind Persons; honorary fishing licenses; reciprocity ......................... HB 1244 Children; special education services; appropriations ......................... HB 1404 Children; special needs; adoptions; agencies; payments....................... HB 1363 Disabled Electors; absentee ballots; application; delivery ...................... SB 407 Handicapped Parking Law; persons to enforce; appointment; powers.......... HB 1475 Handicapped Parking; special permanent permits ............................ SB 574 Hearing Impaired; jurors; court provide interpreters .......................... SB 513 Hearing Impaired; jurors; use of interpreters ................................ SB 474 Hearing Impaired Programs Advisory Commission; create..................... SB 593 Minors; mentally, physically disabled; duty of support by parents .......... SB 35 Personal Attendant Care Program for Disabled Adults Act; enact ............ HB 1217 Public Facilities; accessibility; standards; renovation; permits ............. SB 608 Rehabilitation Technology; university system facilities; study funding .......... SR 407 Single-family Residencies; relative to architectural barriers.................... HR 721
HAPEVILLE, CITY OF; homestead exemption; ad valorem taxes; referendum . SB 653
HARALSON COUNTY; West Georgia Regional Water Authority Act; creation ................................................................. HB 1156
HARDEN, GREG; compensate ............................................. HR 573
HARDIGREE, HOLLY; National 4-H Championship; commend................. SR 314
HARRIS COUNTY; board of commissioners; compensation .................. HB 1595
HARRIS, GOVERNOR JOE FRANK Address ........................................................... Pages 56, 2409 Communications from ................................... Pages 21, 23, 24, 276, 1666
HARRISON, CARL, SENATOR; commend .............. SR 379
HART COUNTY; board of commissioners; create new board by referendum .... SB 418
HASSAN, MAKER T., M.D.; commend....................................... SR 480
HAYS, FOREST, CORRECTIONAL INSTITUTION; designate in Chattooga County. ....................................................... HR 620
HAYS, FOREST, JR.; designate memorial highway in Walker County ......... SR 495
HAZARDOUS MATERIALS Asbestos; management plans; state board of education powers................ HB 1404 Asbestos; removal; recovery actions; extend period ........................... SB 649 Definitions; releases into environment; proceedings; regulations ............... HB 1563 Hazardous Waste Management Authority, Georgia; membership ............... SB 419 Products Used in Agriculture; ground water contamination; proof ........... .HB 1518
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2542

JOURNAL OF THE SENATE

HAZARDOUS MATERIALS (Continued) Public Employee Hazardous Chemical Protection and Right to Know Act of 1988; Georgia Hazardous Chemicals List................................ HB 503 Radiation Control; users; prohibitions; licenses............................. .HB 1411 Radioactive Waste Management; interstate compact.......................... SB 518 Solid Waste Management Act; handling procedures; compliance ............... SB 667 Solid Waste Management Study Committee; create .......................... SR 438 Spills, Releases; reporting requirements; enforcement; agencies ............... .HB 775 Toxic Substances; hazards in workplace; notify fire departments. .............. SB 137 Underground Storage Tank Act; enact; petroleum spills, terminal storage facility; trust fund fees; liability limits .................................. .HB 1851 Waste Cleanup; liens against real estate; filing; release ....................... HB 713 Waste Disposal Facilities; Industry and Trade Department powers ............ SB 597
HAZELHURST, CITY OF; beer and wine sales; advisory referendum ...... .HB 1910
HAZING; clubs, fraternities, sororities; prohibited........................... .HB 1662
HEAD INJURY TREATMENT AND REHABILITATION STUDY COMMITTEE; create ........................................... SR 386
HEAD, ED; Cleveland City Councilman; commend...................... SR 428
HEALTH (Also See Mental Health or Health Care Facilities or Human Resources)
Aging Population; joint committee to study anticipated needs ................. SR 360 AIDS and HIV Infections; tests; records; counseling; reports ................. HB 1281 AIDS; HIV infected persons; offense of battery, aggravated battery ............ SB 416 AIDS; sexually transmissible diseases; blood tests; treatment; requirements;
disclosure; judicial procedures; appeals .................................... HB 107 Alcohol, Smoking, Drug Abuse; require public school health courses ............ SB 66 Alcoholic Beverages; warning signs; pregnancy; birth defects .................. HB 431 Ambulances; air ambulance services; regulation; licensure ..................... SB 460 Ambulances; drivers, emergency medical technicians requirements ............ .HB 177 Anatomical Gifts; AIDS testing; organ donors; blood donations ............... HB 1281 Anatomical Gifts; human heart transplants; insurance ........................ SB 604 Anatomical Gifts; Organ Donor and Procurement Study Committee ........... SR 410 Anatomical Gifts; organ donor cards; witnesses ............................. HB 1528 Anatomical Gifts; organ donors; exceptions to release of body ................. SB 349 Automatic Cardiac Defibrillators; use; qualified personnel..................... SB 462 Birth Related Information; hospitals; confidentiality.......................... SB 451 Boards; environmental services; fees; city-county governments ................. SB 527 Boxing and Wrestling; create state commission to regulate ...................... HB 9 Certificate of Need; committee to study program changes ..................... SR 461 Charitable Services; providers; data collection system......................... HB 254 Children and Youth Commission; creation of ............................... HB 1371 Clinical Health Services; acute care hospitals; charity care .................... SB 398 Clinical Services; certificate of need; committee to study...................... SR 461 Code Revisions, Corrections............................................... HB 1229 Communicable Disease Exposure; certain occupations; insurance............... SB 496 County Boards; counties of 550,000; employee health insurance .............. SB 532 County Boards; counties of 550,000; retirement expenses ...................... SB 88 County Boards; minor child drug screening programs; urine tests .............. SB 641 County Boards; prohibit regulate certain agricultural pursuits ................. SB 290 County Boards; water wells; permits; distance variances .................... .HB 1336 County Hospital Authorities; members; terms; appointment.................. SB 330 Death Certificates; physician's assistants authority to sign .................... SB 260
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INDEX

2543

HEALTH (Continued)

Dentures, Dental Prostheses; identifiable markings of wearers .................. SB 98

Drugs; deceptive price advertising by pharmacists............................ SB 397

Emergency Medical Care; indigents, pregnant women; legal rights .............. SR 89

Emergency Medical Personnel; physician communication program ............ SB 461

Emergency Medical Services; mutual aid in local emergencies ................ HB 1285

Emergency Medical Services; systems; personnel; revisions .................... SB 315

Emergency Medical Technicians; use of automatic defibrillators ............... SB 462

Emergency Medical Technicians, Paramedics; regulate........................ SB 573

EMS Technicians; urge farm accident module training; rural areas ............ SR 481

Examining Boards; committee to study merge single agency. .................. SR 332

Family and Children Services; county boards; membership; nominees ........ .HB 1189

Family and Children Services; Fulton County; retirement options ............. SB 379

Georgia Building Authority (Hospital); membership .......................... SB 419

Head Injury Treatment and Rehabilitation; committee to study ............... SR 386

Healing Arts Practitioner; delegation of duties; conditions .................... SB 238

Health Care Data System; providers; required reports to DHR ................ HB 254

Hearing Impaired; advisory commission on programs; create .................. SB 593

Hospital Authorities; liability, self-insurance coverage ........................ SB 342

Hospitals; indigent care; certificate of need grants; trust funds ................ HB 708

Hospitals; indigent care trust fund; exclude certain proceeds .................. SB 646

Hospitals, Nursing Homes; downtown development authorities ................ SB 577

Human Heart Transplants; insurance coverage............................... SB 604

Insurance; establish state pool; feasibility study.............................. SR 409

Kidney Dialysis Centers; renal diseases; task force to study ................... SR 272

Kidney Dialysis; dialyzers; reuse; centers; create task force................... HB 1348

Long-Term Care; Medical Care Foundation Joint Study Committee ..... SR 75

Medical Consumer Advocate; create position of .............................. SB 523

Mentally 111; treatment records; confidentiality; civil actions.................. HB 1301

Metabolic Disorders; study to expand diagnostic screening process............. SR 400

Neurofibromatosis Foundation, Georgia Chapter; recognize.................... SR 507

Organ Donor and Procurement Study Committee; create ..................... SR 410

Personal Attendant Care Program for Disabled Adults Act; enact ............ HB 1217

Physical Health Department; create; abolish Human Resources Department . .... SB 12

Physical Therapists; licensure; standards of care ............................. SB 292

Physician's Assistants; clinics; manpower shortage areas ...................... SB 499

Physicians; trauma centers emergency services; liability; immunity............. SB 455

Preferred Provider Arrangements Act; standards; insurers .................... HB 507

Rabies Control Officers; duties in dangerous dog control .................... .HB 1273

Radiation Control; prohibited uses, sources; user licenses ................... .HB 1411

Regulatory Agencies; continue certain state boards .......................... HB 1349

Renal Diseases; task force to study kidney dialysis centers.................... SR 272

Sex Education; course of study in public schools ............................. HB 905

Smoking in Government Buildings; urge create designated areas. .............. SR 435

Smoking in Public Places; prohibitions; designated areas ..................... SB 481

Surgical, Medical or Diagnostic Procedures; informed consent

SB 367

Tattooing; change age of person unlawful to tattoo........................... SB 557

Unfit Buildings for Human Habitation; health hazards; complaints ....

.HB 1650

HEALTH CARE FACILITIES, HOSPITALS (Also See Health or Hospitals or Nursing Homes or Personal Care Homes)
Abortion; minors; Parental Notification Act ................................. SB 621 Air Ambulance Services; regulation; licensure ................................ SB 460 Alcoholic Beverages; post warning signs to pregnant women................... HB 431 Automatic Defibrillators; use; qualified personnel report ...................... SB 462

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2544

JOURNAL OF THE SENATE

HEALTH CARE FACILITIES, HOSPITALS (Continued)

Certificate of Need; clinical health services; exempt expenditures

SB 398

Certificate of Need; committee to study program changes

SR 461

Certificates of Need; grants; conditions; trust funds; indigent care

HB 708

Clinics; manpower shortage areas; physician's assistants

SB 499

Death Certificates; physician's assistants authority to sign .................... SB 260

Downtown Development Authorities; nonprofit; projects; powers

SB 577

Emergency Care; indigent, pregnant women; legal rights

SR 89

Emergency Medical Personnel; physician communication program

SB 461

Emergency Medical Services; farm accident module training; urge

SR 481

Emergency Medical Services; paramedics; trauma centers

SB 315

Georgia Building Authority (Hospital); membership

SB 419

Georgia Building Authority (Hospital); prohibited property sales

SB 480

Georgia Building Authority (Hospital); prohibited property sales

HB 1365

Hearing Impaired Programs Advisory Commission; create

SB 593

Heart Transplants; accident and sickness insurance coverage

SB 604

Hospital Authorities; counties; members; terms; appointment

SB 330

Hospital Authorities; inspection of public records; exceptions

SB 435

Hospital Authorities; liability, self-insurance coverage

SB 342

Hospital Authorities; proceeds from sales of hospitals

SB 646

Hospital Volunteer Day; recognize February 4, 1988

HR 648

Hospitals; clinical services; uncompensated care requirements

SB 398

Hospitals; confidentiality of birth related information

SB 451

Hospitals; health care data; required reports; indigent care, surgical,

obstetrical services ...................................................... HB 254

Hospitals; state-operated; supplement pay; night shift duty

SB 406

Indigent Care; contributions to trust fund; expand Medicaid coverage

SR 350

Indigent Patient Care; trust funds; conditions for grants

HB 708

Kidney Dialyzers; reuse; task force on kidney dialysis centers

HB 1348

Liability Immunity; certain free medical care; damage awards ................... SB 1

Liability; medical, dental and nursing students; tort immunity

HB 1549

Long-term Care Insurance Act; enact ...................................... HB 1748

Medical Care Foundation; medicare, Medicaid contracts; study committee

SR 75

Medical Consumer Advocate; create position of .............................. SB 523

Medical Malpractice; claims for damages; arbitration procedures

SB 374

Minor Child Drug Screening; clinical laboratories; urine tests

SB 641

Nursing Home Assistants; vocational-technical training

SR 424

Nursing Homes; decedents; estates; residency determination

HB 1386

Nursing Homes; licensure; require assistant training programs

SB 515

Organ Donor and Procurement Study Committee; create

SR 410

Organ Donors; release of body; coroners, medical examiners

SB 349

Paramedics; certified; authorized hospital services

SB 573

Patient's Health Records; prohibit destroy, alter, falsify

HB 1598

Sexually Transmissible Diseases, AIDS; tests; treatment; disclosure

HB 107

Smoking; designated areas ................................................. SB 481

State Employees; patient abuse; polygraph examinations

SB 410

Surgical, Medical or Diagnostic Procedures; informed consent; rules

SB 367

Trauma Centers; physicians emergency services; liability; immunity

SB 455

HEARD COUNTY; chief magistrate; compensation

HB 1911

HEARING IMPAIRED (Also See Handicapped) Advisory Commission on Programs for the Hearing Impaired; create Judicial Proceedings; right to serve as jurors; interpreters Service on Grand or Trial Juries; use of interpreters

SB 593 SB 513 SB 474

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INDEX

2545

HEIDT, REBECCA; National 4-H Championship; commend .................... SR 313

HELENA, CITY OF; easement; water tank; Telfair Correctional Institution . . HR 707

HENRY COUNTY Board of Commissioners; chairman as chief executive officer ................. HB 1799 Homestead Exemption; school tax; elderly.................................. HB 1865 Magistrate Court; officers; elections and qualifications ....................... HB 1720

HERITAGE HIGH SCHOOL DRAMA DEPARTMENT; commend ............ . SR 397

HIGHER EDUCATION COMMITTEE; report on Governor's appointees Page 676

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation)

Contracts; contingency payments to subcontractors........................... SB 281

Designate; bridge in Camden County for Kenneth McCarthy.................. HR 549

Designate; bridge in Cherokee County as Moore's Mill Bridge................. HR 551

Designate; bridge in City of Eton for B.T. Parks, Murray County

HR 794

Designate; bridge in Cobb County for Arthur T. Bacon....................... SR 356

Designate; bridge in Cook County for James G. Connell ...................... SR 376

Designate; bridge in Greene County for Jasper T. Copelan .................... HR 590

Designate; bridge in Murray County for Hill Wilbanks ....................... SR 245

Designate; bridge in Murray County for William A. Ridley ................... SR 430

Designate; bridge in Wilkinson County for William H. Freeman ............... HR 725

Designate; bridge; Wilmington River at Thunderbolt for Benjamin M.

Garfunkel ............................. HR 800

Designate; Chieftains Trail; certain roads in northwest Georgia................ HR 708

Designate; portion State Highway 9 in Roswell for W. L. "Pug" Mabry ........ HR 720

Designate; Savannah River Scenic Highway; portion State Highway 28...... HR 747

Designate; State Route 193 in Walker County for Forest Hays, Jr. ...... SR 495

Developmental; rural areas; urge use Presidential Parkway Funds ............. SR 394

Firearms Discharged at Moving Vehicles; penalties ........................... SB 401

Highway Development; property acquisition for roads; define ................. HB 170

Lease of Property Not Needed for Public Roads ............................ HB 1678

Motor Carriers; enforcement; Public Service Commission safety rules ..... SB 358

Property Acquisition; future road improvement; authority to acquire .......... SB 118

Public Roads; prohibit all-terrain vehicles for off-road use ................... HB 1468

Roads; relocation assistance; uniform policy; federal-aid projects.............. HB 1768

Roads; vehicle left turn only lanes; restrictions .............................. SB 587

Roads; vehicle turning lanes; prohibit placement of barriers................... SB 633

Seat Belts; urge sign advertisement safety campaign ......................... SR 413

Speed Limit; maximum; 65 MPH; differing limits certain vehicles ............ HB 652

State Tollway Authority; powers; rights of way for tollway project,

conveyance by county or municipality ................................... HB 1769

Traffic Control Review; state board; membership ............................ SB 419

Transportation Department; contractors; exams; site conditions

HB 1781

Transportation, State Board; membership; election; vote ...................... SB 521

Transportation Study Committee; create .................................... SR 443

Truck Tractor-Semitrailers; operate certain roads ............................ HB 170

Truck Tractors, Semitrailers; length limitations; equipment

SB 520

Trucks; pulpwood or log loads; specify manner of securing.................... SB 650

Trucks; securing loads on vehicles; pulpwood or logs ........................ HB 1665

Vehicles; oversized loads; maximum length; equipment; tandem axle .......... HB 1548

Vehicles; tires; puncture repairs; external plugs prohibited .................... SB 459

Vehicles; transporting certain commodities; loads, securing, permits ...

HB 1548

Vehicles; width dimension limits; tandem axle trucks......................... SB 592

HINE, SENATOR ED; appointment to AIDS Subcommittee ................ Page 139

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2546

JOURNAL OF THE SENATE

HISTORIC PRESERVATION Ad Valorem Taxation; separate property classification, valuation .............. SR 265 General Assembly Members' Personal Records; GSU Law Library ........... SR 301 Margaret Mitchell Home; relative to .............................. SR 296 National Historic Sites; solid waste disposal; restrict permits.................. SB 453
HOCKEY, GEORGIA AMATEUR ASSOCIATION; commend ......... SR 477
HODGES, GENERAL COURTNEY HICKS; building plaque; Veterans State Park .............................................................. .HR 905
HOGAN, HULK AND WORLD WRESTLING FEDERATION; relative to. ...... SR 508
HOLLOWAY, ALBERT W. Albert "Al" Holloway Labor Building; designate ............................. SR 441 Albert "Al" Holloway Labor Building; designate ............................. SR 163
HOLMES, TOM; Kroger Community Service Award; commend ................. SR 411
HOMELESS PERSONS State Housing Trust Fund; create; constitutional amendment ................ .HR 587 State Housing Trust Fund for the Homeless Act; enact...................... HB 1339
HOSPITAL VOLUNTEER DAY; recognize February 4, 1988 .............. .HR 648
HOSPITALS (Also See Health Care Facilities or Health or Human Resources)
AIDS and HIV Infections; confidential information; disclosure .............. HB 1281 Authorities; counties; members; terms; appointment.......................... SB 330 Authorities; liability, self-insurance coverage................................. SB 342 Authorities; proceeds from sale of; designate use ............................. SB 646 Certificate of Need; grants; conditions; trust funds for indigent care ........... HB 708 Clinical Health Services; uncompensated charity care requirements ............ SB 398 Emergency Medical Care; indigents, pregnant women; legal rights .............. SR 89 Nonprofit; downtown development authorities; projects ....................... SB 577 State-Operated; supplement pay for night shift duty ......................... SB 406
HOTELS AND MOTELS Excise Tax Levy; certain county and municipality; domed stadium ........... HB 1554 Franchise Agreements; committee to study .................................. SR 220 Smoke Detectors; require in buildings with sleeping accommodations .......... HB 311
HOUSE OF REPRESENTATIVES Committees of Executive or Judicial Branch; reimburse services .............. HB 1196 Convened; notify Senate ................................................... HR 539 Election and Terms; General Assembly members, four-year term ................ SR 7 Notify Governor General Assembly convened ............................... HR 540 Revenue Bills; raise or reduce revenue originate either house. ................... SR 6 Speaker; compensation; cost-of-living; Lieutenant Governor ................. .HB 1195 Speaker; compensation; state commission fix salary .......................... SB 553 Speaker Pro Tempore; compensation ...................................... HB 1196
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Commission on Children and Youth; recommend creation of .................. SR 502 Commission on Children and Youth; urge create ............................. SR 499 Motor Vehicle Registration; staggered tag sales ............................. HB 1712 School Superintendent; appointment; referendum .......................... .HB 1711

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2547

HUMAN RESOURCES (Also See Social Services or Health)

Adoptions; agencies; comprehensive revisions of procedures ................... SB 498

Adoptions; agencies; special needs children; payments ....................... HB 1363

Adoptions; agencies; special needs children; payments ........................ SB 422

Adoptions; hard-to-place child; increase aid to families ........................ SB 19

Adoptions; records; birth parent information; release procedures................ SB 63

AIDS and HIV Infections; test sites; reports; duties, powers ................. HB 1281

Ambulances; drivers, emergency medical technicians requirements ............. HB 177

Appeals to Final Orders; jury trials before superior court ..................... SB 321

Automatic Defibrillators; training program; conditions for use ................. SB 462

Blind, Advisory Commission on Programs for; create ......................... SB 318

Board of Health; reimburse retirement expense to Fulton County .............. SB 88

Child Abuse; county protocol committees; composition ....................... SB 640

Child Support; enforcement; DHR collect interest on judgments............... SB 271

Child Support; enforcement; reimbursement for attorney's fees ............ SB 272

Child-Counselors, Services Organizations; child abuse reports ............... .HB 1355

Children in Custody of Department; education ............................. HB 1404

Commissioner; compensation ............................................... SB 553

Commissioner; membership, Hazardous Chemicals Advisory Council

...... HB 503

Day Care Centers; employee records check; crimes against minors ........... .HB 1216

Day Care Centers; space requirements; exceptions ......................... .HB 1306

Day Care Centers; vehicles transporting children; seat belts .................... HB 71

Day Care Facilities; child care; space requirements ........................... SB 526

Delinquent Youth; students; college tuition equalization grants ................ SB 424

Department; abolish; recreate three separate departments...................... SB 12

Education Reinvestment Act; trust program for AFDC children; GERA ........ SB 232

Educational Reinvestment Act; trust program for AFDC children.............. SB 530

Emergency Medical Care; indigent, pregnant women; legal rights ............... SR 89

Emergency Medical Services; public health division .......................... SB 315

Emergency Medical Technicians, Paramedics; regulation ............... SB 573

EMS Technicians; urge farm accident module training; rural areas

..... SR 481

Family Violence Shelters and Programs; licensing ........................... HB 1450

Foster Parents and Children; liability insurance coverage .................... HB 1546

Georgia Regional Hospital; property conveyance to Richmond County ......... HR 811

Head Injury Treatment and Rehabilitation; committee to study ............... SR 386

Health Care Data Collection System; department powers; duties .............. HB 254

Hearing Impaired Advisory Commission on Programs; establish .......... SB 593

Home Energy Assistance; prevent recipients retain certain funds .............. SB 154

Hospitals, Nursing Homes; downtown development authorities ................ SB 577

Hospitals; state-operated; employees; supplement pay provisions .............. SB 406

Insurance and Educational Reinvestment Act for AFDC Children

........ SB 530

Juvenile Probation Workers; administer state subsidy funds ................... SB 89

Kidney Dialysis Centers for Renal Disease Patients; task force ............... HB 1348

Kidney Dialysis Centers; task force to study dialysis services.................. SR 272

Medicaid; committee to study reimbursement schedules ...................... SR 375

Medicaid Recipients; appeals; administrative decisions; hearings .............. HB 1239

Medical Examiners; eligibility; GBI Forensic Sciences Division ............... HB 1362

Metabolic Disorders; study to expand diagnostic screening process............. SR 400

Personal Attendant Care Program for Disabled Adults Act; enact ........... .HB 1217

Public Assistance; parent's liability for substandard child support ............. SB 269

Public Assistance; supplemental appropriations; medicaid claims

..... HB 1183

Radiation Control; licensing medical users; equipment; sources ............... HB 1411

Rehabilitation Services; attendant care for disabled adults ................... HB 1217

Religious Nonprofit; preschool program licensure; inspections ................. SB 111

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2548

JOURNAL OF THE SENATE

HUMAN RESOURCES (Continued) Sex Education; approval of course topics for public schools ................... SB 352 Small Group Residential Facilities; public hearings on location of ............. SB 114 Transportation; elderly, handicapped persons; nonprofit agencies ............. HB 1519 Youth Services Division; security personnel; retirement....................... SB 178
HUNTING (See Game and Fish)
HURT, SUSAN; National 4-H Championship; commend ....................... SR 311
HUTCHINSON ISLAND; property removed industrial area; method to annex HR 792

IDENTIFICATION DOCUMENTS False Birth Date, Social Security Number; misdemeanor offense............... SB 585 False Identification Documents; penalties ................................... SB 511 Persons Without Driver's Licenses; identification card number ............... HB 1467
ILLEGITIMATE, BASTARD; replace terms in Code by "born out of wedlock" ............................................................. HB 1612
INCOME TAX (Also See Revenue and Taxation) Arts Development Fund; contributions by tax refund checkoff ............... SB 400 Arts Development Fund; credit state tax refund donations ................... SR 23 Corporate Returns; filing requirements; due dates; enforcement .............. HB 1417 Deduction; payments to minority subcontractors; feasibility study ............. SR 476 Deduction; social security and railroad retirement benefits ................... HB 1415 Estimated Taxes; filing requirements; due dates; enforcement ................ HB 1417 Federal Taxes; interest on state bonds; constitutional convention ............... SR 44 Fiduciaries; estimated tax; requirements .................................. .HB 1418 Internal Revenue Code; incorporate federal into Georgia Law ............... .HB 1415 Refunds; debt collection; improper unemployment compensation .............. SB 490 Wages Subject to Withholding; calculation method.......................... HB 1419
INDEMNIFICATION Electric Membership Corporations, Foreign Electric Cooperatives.............. SB 536 Officers, Directors of Corporations .......................................... SB 302 State Employees; injured on duty, salary, coordinate benefits .................. SB 28
INDIAN HERITAGE; designate Chieftains Trail in northwest Georgia ....... .HR 708
INDIGENT PERSONS AFDC Children; educational assistance program; GERA trust program ......... SB 232 AFDC Children; postsecondary education trust program; establish ............. SB 530 Displaced Workers; small business entrepreneurial assistance.................. SR 471 Emergency Medical Care; legal rights; pregnant women........................ SR 89 Health Care; create trust fund to expand Medicaid coverage .................. SR 350 Health Care; providers; required report certain data to DHR ................. HB 254 Homeless; Housing Trust Fund for the Homeless Act; enact ................. HB 1339 Homeless, State Housing Trust Fund; proceeds; amend Constitution........... HR 587 Hospitals; indigent care trust fund; exclude certain proceeds .................. SB 646 Hospitals; trust funds for indigent care; conditions for a grant ................ HB 708 Hospitals; uncompensated charity care; Medicaid reimbursement .............. SB 398 Indigent Defense Act; distribution of funds; judicial circuits .................. SB 548 Interment; funds paid by counties ......................................... HB 1732 Low Income Housing; financing; Residential Finance Authority................ SB 479
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INDEX

2549

INDIGENT PERSONS (Continued) Public Housing; fraudulently obtaining rent subsidy; penalties ................ SB 488

INDUSTRY AND TRADE

Commissioner; compensation ............................................... SB 553

Development Districts; ad valorem tax exemptions incentives ................. SR 259

Export Finance Fund Program; corporations domiciled Georgia ............... HR 659

Foreign Language Institute, Georgia; create ................................. SB 291

Hazardous Waste Management Authority; powers; fees; liability ............... SB 597

Multipurpose Use Coliseum, Stadium; powers; land; contracts ................ HB 1691

Seed-Capital Fund; loans; small firms engaged innovative work

... HR 552

Small Minority Business Corporations; creation .............................. SB 569

Small Minority Business Development Corporations; creation ................ HB 1310

Vocational-Technical Employment Training; committee to study .............. SR 248

INFORMED CONSENT; surgical, medical or diagnostic procedures; actions. ... SB 367

INITIATIVE PETITION; statutes and amendments; power vested in people enact or reject ...................................................... SR 41

INMATES (Also See Corrections or Penal Institutions or Courts)

Community Service Sentencing; procedures to satisfy fines.................... SB 470

Confinement; county jails; misdemeanor or felony; transfers................... SB 583

Confinement Facilities; construction of; notify General Assembly

HB 1689

Confinement; jurisdiction; misdemeanor offenses; county facilities

SB 429

Criminal Records; purged; persons cleared through proceedings ............... SB 373

Death Penalty; executions; witnesses; number of persons required ............. SB 471

Death Penalty; murder against persons under 17 years ....................... SB 563

Death Penalty; retarded offenders; urge life sentence ......................... SR 388

Early Release Programs; committee to study ................................ SR 152

Good-time Allowances; county inmates; misdemeanor offenders................ SB 429

Habeas Corpus Proceedings; location; death penalty petitions .................. SB 99

Life Imprisonment, No Parole; illegal drug manufacturing .................... SB 109

Life Imprisonment Without Parole; murder conviction ....................... SB 552

Parole Violators; arrest expenses; reimbursement to counties .................. SB 428

Probation; increase fines for drug trafficking violations ....................... SB 122

Probation; suspended sentences; maximum duration; revocation ............... SB 434

Probationers; supervision transfers; firearms used for hunting ................. SB 651

Sentences; Criminal Sanctions and Correctional Facilities Commission ......... SR 300

INSTALLMENT SALES AND HOME SOLICITATION ACT; revolving charge accounts; maximum monthly finance charges.......................... SB 568

INSURANCE Accident and Sickness; coverage; human heart transplants .................... SB 604 Accident and Sickness; individual; coverage with other insurers ............... SB 601 Accident, Sickness Plans; coverage of children to age five ..................... SB 576 Automobile; joint committee to study consumer complaints ................... SR 316 Captive Insurance Company Act, Georgia; enact ............................. SB 635 Child Health Services Act; accident and sickness policies ..................... SB 576 Code Revisions, Corrections............................................... HB 1229 Collision Damage Waiver Act; leased, rental vehicles; contracts............... HB 1641 Commissioner; appointment by Governor.................................... SB 324 Commissioner; appointment by Governor; amend Constitution ................ SR 130 Commissioner; campaign contributions; insurers; industrial loan licensees....... SB 539 Commissioner; compensation .............................................. HB 1342 Commissioner; compensation; state commission fix salary ..................... SB 553 Commissioner; council to review capability to perform duties ................. SB 419

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2550

JOURNAL OF THE SENATE

INSURANCE (Continued)

Commissioner; insurer campaign contributions, prohibitions ......... SB 18

Commissioner; prohibit certain insurer campaign contributions ................. SB 76

Commissioner; regulate motor vehicle liability self-insurers................... HB 1030

Communicable Disease Exposure; coverage for certain occupations

SB 496

Companies; agency contracts; cancellation; cause of action .................... SB 538

Companies; small minority business development corporations ............... HB 1310

Consumer Advocate; create position; rate filing proceedings ................... SB 497

Consumers' Insurance and Utility Counsel; powers, functions ................. SB 467

Corporations; insurable interest; lives of certain persons ..................... HB 1589

Counties; provide for elected officials and personnel.......................... SB 102

Discrimination in Housing; coverage; financing real estate loans ............... HB 430

Education Trust Accounts for AFDC Children; investment program

SB 530

Financial Planners; investment advisors; regulation.......................... HB 1566

Fraternal Benefit Societies; life benefit certificates; rights, type; notices;

lives of children ...................................................... HB 1590

Georgia Life and Health Insurance Guaranty Association; insurers;

annuity contracts, subaccounts; assessments; tax liability ................. .HB 1671

Health Care Data; state-wide collection system; insurers reports ............... HB 254

Health Care Plans; redefine "insurer"

HB 1492

Health; counties of 550,000; reimbursement by state funds.................... SB 532

Health; coverage for adopted children; effective date ........................ HB 1527

Health; establish state pool; feasibility study ................................ SR 409

Health Insurance Pool Act; creation ........................................ SB 385

Health; retired teachers; urge reopen participation option..................... SR 404

Insurance and Educational Reinvestment Act for AFDC Children ............. SB 530

Insurers, Agencies; risks; statistical reports; requirements .................... HB 1494

Insurers; campaign contribution limitations

SB 539

Insurers; campaign contributions; prohibitions ............................... SB 486

Insurers; determination of financial condition; good will ..................... HB 1747

Insurers; domicile changed to another state; examinations ................... HB 1489

Insurers; Health Insurance Pool Act; create; requirements .................... SB 385

Insurers; investment; loans; United Student Aid Funds, Inc. ................. HB 1247

Insurers; ownership in lending institutions; transactions ...................... SB 619

Insurers; reports; property, casualty, liability; vehicle categories ............... SB 134

Interlocal Risk Management Agencies; local boards of education............... SB 438

Liability; amusement rides; insurers and sureties............................ HB 1364

Liability; boards of education; interlocal risk management; immunity

SB 627

Liability; carnival rides; qualification of insurers ............................. SB 544

Liability; coverage for foster parents and foster children ..................... HB 1546

Liability; hospital authorities; self-insurance coverage ........................ SB 342

Liability; insurers of wild animal licensees.................................. HB 1597

Liability; rates; risk assessment of physicians, surgeons ....................... SB 135

Liability; state agencies, officers, employees, commissions ..................... SR 267

Liability; state-owned motor vehicles; nonprofit agencies

... HB 1519

Licenses; fees; revocation; biennial renewals; citizenship ..................... HB 1490

Life; consent of insured; proceeds, beneficiary suspect in murder .............. SB 300

Long-term Care Insurance Act; enact ...................................... HB 1748

Minors; employer coverage; lawn maintenance work ......................... HB 1752

Mortgagees; interest on escrow funds; residential property .................... SB 168

Motor Vehicle Accident Reparations Act; excess coverages ................... HB 1570

Motor Vehicle Accident Reparations; third party claims; notices............... SB 578

Motor Vehicle; certificate of title; rebuilt, salvage vehicles .................... HB 159

Motor Vehicle; claims against uninsured motorist ............................ SB 265

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INDEX

2551

INSURANCE (Continued)

Motor Vehicle; coverage for repair of damaged safety equipment .............. SB 559

Motor Vehicle; DUI cases; vehicle forfeiture for no coverage ................... SB 60

Motor Vehicle; leased, rental vehicles; collision damage waivers .............. HB 1641

Motor Vehicle; liability of insurer relating to seatbelt use...................... SB 64

Motor Vehicle; licenses; suspended for no insurance; restricted driving

permits; conditions; employment ........................................ HB 1570

Motor Vehicle; nonrenewal; notices; actions; agency termination .............. HB 1268

Motor Vehicle; policies; limits on damage loss; boldface print ................. SB 478

Motor Vehicle; policy cancellations; notice of nonrenewal ..................... SB 541

Motor Vehicle; requirements; insurers; proof of coverage violations .......... SB 94

Motor Vehicle; seatbelts; failure to wear; negligence; evidence ................. SB 482

Motor Vehicle; seatbelt usage; evidence of negligence......................... HB 751

Motor Vehicle; self-insurers; certificates; claims practices .................... HB 1030

Motor Vehicle; total loss claims; cash value determination .................... SB 540

Motor Vehicle; uninsured; multiple policy coverage; rates ..................... SB 658

Motorcycle; nonrenewal; notices; actions; agency termination ................. HB 1268

Motorcycle; policy cancellation; notices of nonrenewal ........................ SB 541

Policy Application Fees; automobile, property, casualty ....................... HB 194

Preferred Provider Arrangements Act; standards; insurers .................... HB 507

Premium Taxes; date of collection, distribution; use of proceeds.............. HB 1160

Property; residential; nonrenewal; notices; actions; agency termination ........ HB 1268

Property; surety insurers; consumer warranty agreements; electrical or

electronic products ...................................................... SB 589

Public Retirement Systems; beneficiary designation changes; spouses ......... HB 376

Rate Filings; consumers' insurance counsel; powers, functions ................. SB 467

Reform; liability; annual reports; additional information ...................... SB 134

Reform; liability insurers; risk rating system for physicians ................... SB 135

Risk Retention Groups; captive insurance companies; regulate. ................ SB 635

State Employees' Health Plan; void checks or drafts; discharge debt

HB 1493

Teachers and Public School Employees; health funds; checks ................ HB 1491

Teachers; health insurance; employer contributions; share.................... HB 1622

Unearned Premiums; policy application fees; not subject refund ............... HB 194

Uninsured Motorist; insurers rights; claims .................................. SB 265

INTEREST (Also See Banking and Finance)

Credit Card Lenders; maximum rate; loan finance charges .................... SB 192

Mortgagees; interest on escrow funds ....................................... SB 168

Real Estate Brokers and Salespersons; judgments; rate; trust fund.....

HB 1451

Written Contracts; transactions of $250,000 or more......................... HB 1416

INTERSTATE COOPERATION, GOVERNOR'S COMMITTEE ON; membership .............................................................. SB 419

INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT............................................ SB 518

INVESTMENT ADVISORS, FINANCIAL PLANNERS; regulation ...... .HB 1566

IRWIN COUNTY Board of Commissioners; election districts; terms; quorum .................... SB 603 Superior Court; judges; salary; supplement ................................. HB 1459

IRWINTON, CITY OF; new charter ....................................... HB 1834

IVAN, ION AND FAMILY; commend ........................................ SR 401

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2552

JOURNAL OF THE SENATE

JACKSON COUNTY State Court; judge, solicitor; private law practice prohibited.................. HB 1833 Superior Court; change terms ............................................. HB 1639
JACKSON, REVEREND JESSE; Presidential Candidate, remarks ........... Page 1396
JAILS Construction of Additional Facilities; notify General Assembly ............... HB 1689 County Institutions; funding; additional criminal, traffic fees .................. SR 347 County Jail Fund; provide for; procedures; funding .......................... SB 629 County Jails; construction; proximity to schools. ............................. SB 500 Jailers of Municipal Corporations; chiefs of police; records ................... HB 1261
JAPAN TOBACCO, INC. Urge purchase Georgia products ............................................ HR 979 Urge purchase Georgia tobacco............................................. SR 490
JEFFERSON COUNTY Board of Commissioners; expense allowance ................................ HB 1664 Board of Education; elections ............................................. HB 1663
JEKYLL ISLAND STATE PARK AUTHORITY Executive Director; compensation .......................................... SB 553 Real Property Sales; prohibited; exceptions................................. HB 1365 Sale of Real Property; prohibitions; General Assembly approval ............... SB 480
JENKINS COUNTY; state court; change terms. ........................... .HB 1723
JOHNSON COUNTY; magistrate court; chief magistrate; selection ........... HB 1847
JOHNSON, SENATOR C. DON, JR.; oath of office, committee assignments ................................................... Pages 15, 16, 17, 20
JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEM Benefits; vested rights; delete legislative revision provision ................... HB 1351 Contracts with Municipal Gas Authority; membership of employees .......... HB 1512
JOINT SESSION General Assembly; Chief Justice Thomas O. Marshall, Jr., address............. HR 545 General Assembly; invite Supreme and Appellate Court Justices .............. HR 544 Governor's State of State and Budget message............................... HR 543
JONES COUNTY Board of Commissioners; leases; Jonesco Golf Course......................... SB 670 Board of Commissioners; supplies, equipment; purchases; bids ................ SB 669 District Attorney; Ocmulgee Judicial Circuit; salary supplement ............... SB 624
JONESBORO, CITY OF Mayor and Councilmen; election; terms ................................... .HB 1889 Mayor, Councilmen; filling of vacancies .................................... HB 1812
JUDGES (Also See Courts) Chief Magistrates; non-partison elections .................................... SB 194 Compensation; appellate, superior, supreme; state commission fix.............. SB 553 Council; state courts and magistrate courts; creation ......................... SB 432 Demand for Trial in Noncapital Cases; personal notice ....................... SB 456 Indigent Defense Funds; judicial circuits; distribution panel................... SB 548 Preappeal Settlement Conferences; appellate, superior court .................. HB 615 Probate Court; office location; distance from courthouse ...................... HB 488
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INDEX

2553

JUDGES (Continued)

Probate Court; retirement benefits; secretary-treasurer of board .............. SB 15

Probate Court; increase minimum salaries ................................... SB 305

Probate Courts Judges Retirement Fund; board of commissioners ............. SB 419

Retirement; create new court officials' retirement system ..................... HB 703

Superior Court Judges Retirement; senior judges; creditable service

HB 842

Superior Court Judges Retirement; senior judges; creditable service............ SB 322

Superior Court Judges Retirement; trustees; additional member ....

SB 501

Superior Court Judges System; board of trustees ............................ SB 419

Superior Courts; expenses; reimbursement; audit reports...................... SB 355

JUDICIAL CIRCUITS Alcovy Circuit; court reporters; salary; Newton, Walton Counties ......... SB 652 Appalachian Circuit; superior court; additional judge ......................... SB 334 Cherokee Circuit; assistant district attorney; duties; salary; staff. .............. SB 686 Cherokee Circuit; district attorney; salary supplement ........................ SB 685 Clayton Circuit; court reporters; compensation .............................. HB 1862 Cobb Circuit; district attorneys; investigators; supplement ................... HB 1633 Cobb Judicial Circuit; judges, chief judge; salary supplement.................. SB 616 Coweta Circuit; change terms for Carroll County............................ HB 1427 District Attorney Investigators; Employees' Retirement System................. HB 24 District Attorneys; compensation .......................................... HB 1342 District Attorneys; qualifications; bar association membership ................. SR 275 Griffin Judicial Circuit; additional judge; jury impanelment ................... SB 258 Gwinnett Circuit; additional judge ........................................... SB 32 Indigent Defense Act; equal distribution of funds; panel...................... SB 548 Ocmulgee Circuit; district attorney; supplement from certain counties. ......... SB 624 Pataula Circuit; assistant DA as State Court Solicitor ....................... HB 1677 Piedmont Circuit; terms; Jackson County .................................. HB 1639 Probationers; transfer of supervision in which resides ....................... HB 1717 Probationers; transfer of supervision in which resides ........................ SB 651 Special Trial Districts; single, multicounty, investigative grand jury............. SR 22 Stone Mountain Judicial Circuit; additional judge, court reporter............. HB 1670 Superior Courts; habeas corpus clerk; minimum number of writs .............. SB 388 Superior Courts; merger upon abolition of state court by local law. ............ SB 354 Tifton Judicial Circuit; judges; salary; supplement .......................... HB 1459 Waycross Circuit; superior court terms; change ............................. HB 1540

JUDICIARY COMMITTEE; Senator Tom Allgood act as Chairman . . . Pages 570, 649

JURIES (Also See Courts)

Appeals to Superior Courts; trial without jury; consent ....................... SB 492

Attorneys at Law; jury duty; exemption ..................................... SB 483

Charge to Jury in Felony Cases; guilty but mentally retarded ................. HB 878

Clerks; appointment; certain populated counties ............................. SB 602

Grand and Trial; investigative; circuits; special; multicounty ................... SR 22

Grand and Trial Jurors; selection; judicial circuit basis ........................ SR 14

Grand and Trial; selection; death penalty; public official drug cases............ SB 149

Grand and Trial; selection; geographic areas; certain cases ..................... SR 26

Grand and Trial; selection; investigative; circuit; regional; state-wide............ SR 14

Grand Juries; investigative; circuit-wide, regional, state-wide ................... SR 14

Grand Juries; response required of county officers............................ SB 494

Grand Jury Investigations; change of venue conditions ....................... SB 108

Grand; list of persons who hinder or obstruct sheriffs; repeal ............... HB 1531

Hearing Impaired Jurors; interpreters; duty of court to provide

SB 513

Hearing Impaired Jurors; use of interpreters ................................ SB 474

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2554

JOURNAL OF THE SENATE

JURIES (Continued) Jurors; equalize peremptory challenges for felony indictments ................. SB 415 Jurors; expense allowance; court bailiffs, compensation ....................... SB 516 Jurors; intimidating, impeding, injuring; penalties .......................... .HB 1479 Selection; lists, placement of all registered voters names ...................... SB 346 Sentence Recommendation; findings; murder convictions...................... SB 552
JUVENILE JUSTICE COORDINATING COUNCIL; Membership on Criminal Justice Coordinating Council ...................................... SB 430
JUVENILE PROCEEDINGS (Also See Courts or Minors) Abortion; waiver of parental notification; petition; records .................... SB 621 Age Provisions; change to 18; delinquent, deprived, unruly cases .............. . SB 20 Capital Crimes, Juvenile; court jurisdiction; custody; detention ................ SB 148 Death Penalty; sentence prohibited, certain age youth ........................ SB 450 Delinquent Acts; victim restitution programs ................................ SB 431 DUI, Underage Drinking, Drug Violations; suspend driver's license ............ SB 120 Law Enforcement; urge in-service training on juvenile law .................... SR 491 Probation Workers; state subsidy to employ; certain counties .................. SB 89 Sentencing; committee to study alternative methods ......................... SR 395 Traffic, Waterways Offenses; penalties; proceedings, transfers ................. SB 147
JUVENILE SERVICES ASSOCIATION, INC., GEORGIA; commend ........... SR 472

K
KEITH, DR. LEROY, MOREHOUSE COLLEGE PRESIDENT; commend ...... SR 468 KENNESAW, CITY OF
Corporate Limits; change ................................................. HB 1923 Mayor, Councilmen; compensation ......................................... HB 1778 KIDD, SENATOR CULVER; appointment to AIDS Subcommittee ... Page 139 KIDNEY DIALYSIS CENTERS Task force; dialyzers; reuse ............................................... HB 1348 Task force; study services ................................................. SR 272 KINGSLAND, CITY OF; corporate limits; change .......................... HB 1831 KNAPP, DR. CHARLES B.; UGA President; commend ........................ SR 266 KNIGHT, MILDRED; mental health advocate; designate building for ......... HR 783 KROGER COMPANY; Atlanta Division; commend ................. SR 412

LABOON, JOE T.; Atlanta Gas Light Company; commend ..................... SR 440
LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security or Workers' Compensation)
Aging Population; joint committee to study anticipated needs ................. SR 360 Albert "Al" Holloway Labor Building; designate ............................. SR 163 Albert Holloway Labor Building; designate new office in Albany............... SR 441 Amusement Rides; liability insurance; unsafe rides; violations ................ HB 1364 Boiler and Pressure Vessel Safety Act; liquid propane gas vessels ............ HB 1576
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INDEX

2555

LABOR AND INDUSTRIAL RELATIONS (Continued)

Carnival Ride Safety Act; inspection certificates; permits; accident reports;

insurance; exemptions; civil penalties ..................................... SB 544

Child Labor; employment certificates; passing grades; maximum hours

SB 313

Child Labor; employment; hours; violations by employers

HB 1361

Child Labor; lawn maintenance work; certain conditions

HB 1752

Code Revisions, Corrections............................................... HB 1229

Commissioner; appointment by Governor, not elected; terms .................. SB 325

Commissioner; appointment; constitutional amendment

SR 131

Commissioner; compensation .............................................. HB 1342

Commissioner; compensation; state commission fix salary ..................... SB 553

Employment and Injury Records; inspection; subpoenas; sanctions ............ HB 1437

Employment Security Law; income tax refunds; debt collection

SB 490

Excavation, Trench and Shoring Safety Act; regulations ...................... SB 580

Industrial Insured Captive Insurance Companies; regulate .................... SB 635

Loss of Employment; conditions for restricted driving permits ............... HB 1570

Plant Closings; prohibited actions in business acquisitions .................... SB 524

Public Employee Hazardous Chemical Protection and Right to Know Act

of 1988; regulate public contractors; notice to employees .................... HB 503

Toxic Substances; hazards in workplace; notify fire departments............... SB 137

Unemployment Compensation; fictitious employing unit; penalties;

delinquent filing; employees in educational institutions ..................... SB 491

Wages; change minimum amount; delete certain exemption ................... SB 426

Wages; payment to expectant mothers by child placing agencies............... SB 421

Workers' Compensation; appeals from decisions; procedures.................. HB 1438

Workers' Compensation; corporate officers certification; payments ............ HB 1437

Workers' Compensation; corrections department; extend coverage

... SB 473

Workers' Compensation; employer penalty; death caused by intentional act . ... SB 495

Workers' Compensation; independent contractors; exclusions; distributors ....... SB 40

Workers' Compensation; Subsequent Injury Trust Fund; trustees

SB 547

LAFAYETTE, CITY OF; corporate limits; redefine .............. SB 639

LAGRANGE COLLEGE; motor vehicle license plates; commemorative issuance.................................................................. SB 554

LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY; executive director; compensation ........................................... SB 553

LAKE STROM THURMOND; fishing with bow and arrow; noncommercial fishing .................................................................. HB 1139

LAND TRANSACTIONS

Agricultural Land and Facilities; nuisance actions; exceptions ................. SB 570

Agricultural Land; transfers to relatives; ad valorem assessment.............. HB 1464

Land Surveyors; registration; extend state board to 1994; members .......... HB 1503

Mapping and Land Records Modernization; use plans; advisory board

SB 437

Uniform Relocation Assistance; federal-aid road projects..................... HB 1768

LAND, JOHN; Chief Judge, Chattahoochee Judicial Circuit; commend .......... SR 334

LAND, SENATOR TED; excused ....................................... Page 1854

LANDFILLS (Also See Waste Management)

Abandoned; construction activity prohibited ................................. SB 175

Construction Activity Prohibited, Abandoned Landfills Act of 1988

HB 435

National Historic Sites; solid waste disposal; restrict permits.................. SB 453

Property Sales; deeds; notice of previous operations, deposits

SB 620

Solid Waste Collection, Disposal; private companies; contracts ................ SB 531

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2556

JOURNAL OF THE SENATE

LANDFILLS (Continued) Solid Waste Disposal Sites; permits; adjoining counties ....................... HB 862 Solid Waste Management Study Committee; create .......................... SR 438 Solid Waste or Special Waste Handling; permits; regulate .................... SB 667 Waste-to-Energy Recycling; encourage state participation ..................... SR 335

LANDLORD AND TENANT

Cable TV Service; multi-unit dwellings; operators' standards

SB 16

Discrimination in Housing; prohibitions ..................................... HB 430

Dispossessing Tenant; sheriffs fees for services ............................. HB 1530

Mobile Home Parks; sales; rights of tenants; owners; notices .................. SB 237

Utilities; suspension during dispossessory proceedings; prohibited.............. SB 248

LANGDALE, NOAH; Georgia State University President; commend

SR 359

LANGDALE, WILLIAM P. SR.; elected to State Transportation Board

Page 91

LANGFORD, SENATOR ARTHUR Appointment to AIDS Subcommittee ..................................... Page 139 Committee assignment changes............................................ Page 19

LANIER, FRANK AND MRS.; Fiftieth Anniversary; congratulate............... SR 434

LAW ENFORCEMENT OFFICERS AND AGENCIES

Abandoned Vehicles and Parts; forfeiture; disposition ....................... HB 1471

Abandoned Vehicles; duties; unattended check notices; removal

HB 1385

Abandoned Vehicles; removal; notify certain persons, agencies. ................ SB 442

Child Abuse; county protocol committees; composition ....................... SB 640

Communications Equipment; state system; committee to study ................ SR 417

Criminal History Records; dissemination; conditions; exclusions

HB 312

Criminal Justice Coordinating Council; additional member .................... SB 430

Criminal Records; arrest records purged certain circumstances ................ SB 373

Disciplinary Actions; due process rights; rules, procedures .................... SB 153

Disposition of Property Seized, Unclaimed; procedures ...................... HB 1615

Drug Enforcement; use of forfeited money by local authorities

HB 250

Drugs; use of proceeds; forfeited money, property ............................. HB 74

Emergency Vehicles; colored lights; permit exemptions ...................... HB 1743

False Identification to Officer; penalty ...................................... SB 585

Family Violence; arrest of persons for acts; authority .... HB 1407

Family Violence; protective orders; enforcement duties ...................... HB 1406

Family Violence; urge expand training curriculum............................ SR 382

Family Violence; urge Police Academy implement advanced training

SR 383

Firearms Dealers; records inspection ....................................... HB 1394

Firearms; full-time employees; authority to carry weapons .................... SB 586

GBI, Missing Children Information Center; redefine age of child .............. HB 228

GBI; reports of sex criminal convictions; repeal ............................. HB 1429

Juvenile Law; urge mandated in-service training ............................. SR 491

Litter Control Laws; urge intensify enforcement ............................. SR 421

Memorial; Georgia Public Safety Memorial; support of ..................... HR 1021

Memorial; support public donations; Forsyth Training Center site ............. SR 418

Missing Children Information Center; redefine age of person .................. HB 228

Mutual Aid Act; local emergencies; public safety agencies.................... HB 1285

Open Meetings Requirements; exceptions ................................... SB 394

Peace Officer and Prosecutor Training Fund; fees to fund .................. HB 1202

Peace Officers; annual training requirements................................ HB 1201

Peace Officers; minimum salaries ........................................... SB 155

Peace Officers; PSC enforcement officers; retirement ......................... HB 157

Peace Officers Standards and Training Council; membership .................. SB 419

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INDEX

2557

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Peace Officers Standards and Training Council; personnel; funding ........... HB 1241 Peace Officers' Benefit Fund; board of commissioners ........................ SB 419 Peace Officers' Benefit Fund; date of medical examinations .................. HB 1213 Peace Officers' Benefit Fund; DHR Investigators; YDC security ............... SB 178 Peace Officers' Benefit Fund; employee health insurance..................... HB 1212 Peace Officers' Benefit Fund; increase benefits ............................... HB 458 Peace Officers' Benefit Fund; surviving spouse benefits ....................... SB 128 Pistol and Revolver Sales; notification; waiting period ........................ SB 452 Pistol and Revolver Sales; notification; waiting period ........................ SB 378 Public Safety Agencies; local emergencies; providing mutual aid .............. HB 1285 Public Safety Department; records; evidence; certain copies ................... SB 562 Public Safety, Uniform Division; automobile races; security .................. HB 1700 Public Safety, Uniform Division; college athletic events; duties ................ SB 417 Public Safety, Uniform Division; process servers ............................ HB 1523 Records; exceptions to public disclosure ..................................... SB 435 Seized Currency; Controlled Substances Act; authority ....................... SB 561 Seizure of Revoked Prestige License Plates; authority ....................... HB 1305 Unlawful Flight; serious traffic offenses; felony; definitions .................... SB 150 Vehicle Accidents; offenses charged as state violation........................ HB 1263 Wardens; county correctional institutions; police powers ...................... SB 476 Witness Fees ............................................................ HB 1292 Witnesses, Informants; prohibit intimidate, threaten ......................... SB 560

LAWRENCEVILLE, CITY OF Homestead Exemption; referendum ........................................ HB 1653 Police Department; voter approval to abolish ............................... HB 1191

LAWS AND STATUTES

Fiscal Impact Legislation; information required

HB 1802

Fiscal Retirement Bills; passage provisions; studies required .................... SB 6

Initiative Petition; power vested in people enact or reject...................... SR 41

Local Government Impact Fiscal Notes Act; repeal ........................... SB 22

LAWSUITS; state government; sovereign, official immunity; conditions

SR 267

LEGISLATIVE COUNSEL; indexing services for publication of Georgia Laws .................................................................. HB 1223

LEGISLATIVE RETIREMENT SYSTEM

Creditable service ......................................................... HB 106

Creditable service ......................................................... SB 193

Members; reduce benefits members after 6-30-87.

............. SB 222

LENOX PARK COMMUNITY IMPROVEMENT DISTRICT; create; DeKalb County ................................................... HB 1688

LEWIS FAMILY MUSICAL GROUP OF LINCOLNTON; commend

SR 429

LEWIS, CONGRESSMAN JOHN; introduction and remarks

Page 2250

LIBEL ACTIONS; broadcasts; defamatory statements; evidence; retractions; damages ........................... SB 343

LIBRARIES, LIBRARIANS

Law; collection of additional county recorder's court costs .................... SB 176

Law Library of GSU; depository, General Assembly Members' records ......... SR 301

Public; state-wide educational information network

SB 588

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2558

JOURNAL OF THE SENATE

LICENSE PLATES (Also See Motor Vehicles or Staggered Tag Sales)

Certificate of Titles; exclude vehicles not sold for highway use ................ SB 377

Fees for Plates, Decals; installment payments; change date

HB 1307

Mutilated But Legible; replacement; eliminate police report

HB 1328

New Metal Plates; provide every 5 years ................................... HB 1328

Special; General Assembly Members; revocation; seizure ..................... HB 1305

Special; Georgia College ................................................... SB 505

Special; Georgia National Guard retirees

HB 1308

Special; LaGrange College

SB 554

Special; National Guard; retired members

SB 458

Special; Savannah State College; extend time

SB 344

Special; Shriners; volunteer firemen..................................... SB 37

Special; State Defense Force ........................................ SB 311

Staggered Registration Periods; limitations; exceptions

SB 164

Staggered Tag Sales; Bartow County .................................... HB 1742

Staggered Tag Sales; Clayton County ...................................... HB 1409

Staggered Tag Sales; Cobb County

HB 1912

Staggered Tag Sales; Habersham County ................................... HB 1739

Staggered Tag Sales; Houston County

HB 1712

Staggered Tag Sales; Macon County ...................................... SB 445

Staggered Tag Sales; Marion County

HB 1809

Staggered Tag Sales; Richmond County .................................... HB 1477

Staggered Tag Sales; Rockdale County ..................................... HB 1807

Staggered Tag Sales; Sumter County ...................................... HB 1205

Staggered Tag Sales; Walton County ...................................... HB 1830

LIENS

Abandoned Motor Vehicles; foreclosures; notice requirements

SB 442

Mechanic's and Materialmen's; bonds; amount for release

SB 340

Mechanic's and Materialmen's; filing; prior notices

SB 598

Property; filings; bondholder defenses

SB 591

Property; writ of possession; summons; answer............................... SB 610

Real Estate; filing; pursuant federal Superfund Amendments and

Reauthorization Act of 1986; discharge procedures

HB 713

LIEUTENANT GOVERNOR ZELL MILLER Address ............................................................... Page 2415 Communications from ................................ Pages 19, 20, 21, 139, 569, 570

LIEUTENANT GOVERNOR Compensation ........................................................... HB 1342 Compensation; cost-of-living adjustments; Speaker of the House .............. HB 1195 Compensation; state commission fix salary .................................. SB 553

LINCOLN COUNTY HIGH SCHOOL FOOTBALL TEAM; commend

SR 416

LINCOLN COUNTY; magistrate court; chief magistrate appointment; term SB 607

LITERACY; Office of Adult Literacy; creation of; agency designation

HB 1403

LITHONIA, CITY OF; mayor and council; filling vacancies

SB 666

LITTER CONTROL LAWS; urge intensify enforcement

SR 421

LLAMAS, ALPACAS; death or injury by dogs; civil actions ................ .HB 1311

LOANS (ALso See Banking and Finance)

Commitments to Lend Money; written agreements

HB 1536

Residential Property; foreclosure fraud; penalties ............................ SB 647

Residential Property; misrepresenting moneys provided debtor ................ SB 648

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INDEX

2559

LOANS (Continued) Transactions of $250,000 or more; interest rates; contracts ................... HB 1416 United Student Aid Funds, Inc.; investment by insurers .................... .HB 1247

LOBBYISTS, REGISTERED ..... Pages 92, 119, 316, 520, 774, 1075, 1458, 2222, 2416 Unauthorized use of signatures; registration revoked ......................... SB 345

LOCAL GOVERNMENT (Also See Counties or Municipalities)

Airports; sale or lease to foreign citizens, businesses prohibited ............. HB 1238

Alcoholic Beverages; farm wineries; Sunday wine sales....................... HB 1558

Alcoholic Beverages; municipal court jurisdiction; minors ..................... SB 141

Alcoholic Beverages; Sunday sales in certain municipalities .................. HB 1848

Alcoholic Beverages; Sunday sales; special entertainment districts ............. SB 673

Annexation; municipalities; public hearing requirements ...................... SB 519

Annexation; prior county approval; change population brackets................. HB 66

APDCs; state contracts; loan funds; joint study committee .................... SR 264

APDCs; UGA Institute of Community and Area Development study ........... SR 263

Asbestos Removal; recovery actions; extend period; limitations

SB 649

Bond Debt; reports; study to develop requirement procedures ................. SR 380

Bonds; proceeds; authorized investments .................................... SB 327

Bonds; public facility; subject voter approval; amend Constitution ............. SR 167

Bonds; rural area pool allocation; fund transfer; exemptions .................. SB 637

Contracts; Community Affairs Department authority ......................... SB 475

Contracts for Public Works; bid bonds or other security

HB 636

Contracts; tax deduction for payments to minority businesses ................. SR 476

Corporate Records; access; state-wide county computer network .............. HB 1444

Counties; abandoned cemeteries; preservation, protection

HB 1594

Counties; abolition of state courts; merge into superior courts ................. SB 354

Counties; bond proceeds and contracts; certain populated counties

SB 537

Counties; burglar, fire, security alarms; private property sales ................. SB 630

Counties; business license taxes or fees; assessment criteria .................. HB 1657

Counties; capital felony prosecutions; costs; reimbursement ................. .HB 1529

Counties; certain officials authority to make personnel decisions ................ SB 56

Counties; civil service or merit systems for employees ....................... HB 1357

Counties; compensation supplements for officers .............................. SB 55

Counties; constitutional officers; salaries; cost-of-living adjustments ............ SB 463

Counties; correction facilities, jails; criminal, traffic fees ...................... SR 347

Counties; correction facilities; special county jail fund

... SB 629

Counties; county surveyors; qualifications .................................. HB 1675

Counties; development authorities; directors; terms; appointment .............. SB 331

Counties; education boards; interlocal risk management agencies .............. SB 438

Counties; education boards; leadership development grants .................. HB 1488

Counties; education boards; training, development grants ..................... SB 433

Counties; elected officers, personnel; insurance, retirement .................... SB 102

Counties; elections; qualifying fees; distribution ............................. HB 1326

Counties; emergency purchases; competitive bid provisions

SB 204

Counties; Ethics in Government Act; financial disclosure reports

SB 564

Counties; family and children services boards; membership; nominees

HB 1189

Counties; fire districts; fee or tax assessment; limitations .................... HB 1463

Counties; grand jury presentments; response required ........................ SB 494

Counties; hospital authorities; members; terms; appointment .................. SB 330

Counties; housing authorities; commissioners; terms of office .................. SB 332

Counties; interment of indigent persons; funds.............................. HB 1732

Counties; jail construction; proximity to schools ............................. SB 500

Counties; law libraries; recorder's courts; additional costs ..................... SB 176

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2560

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued)

Counties; life insurance premium taxes; use of proceeds

HB 1160

Counties; medical examiner office in lieu of coroner; procedure

HB 1350

Counties; nuisance abatement; unfit buildings; court jurisdiction

HB 1650

Counties; probate court judges; training; expense reimbursement .............. SB 413

Counties; property tax digests; equalization; review; appeals

HB 1279

Counties; proposed budget documents; change requirements

SB 509

Counties; provide copies of O.C.G.A. for Probate Courts

SB 412

Counties; public works contracts; bids; certain population

HB 1567

Counties; recreational set-aside property; sale procedures ................... HB 1192

Counties; reimbursement of arrest expenses for parole violators ............... SB 428

Counties; sales tax; special purpose; repealer ............................... HB 1472

Counties; sessions of superior courts; alternate locations

HB 1325

Counties; traffic courts; reporting requirements; fees

SB 545

Counties; vacancies; probate court judge, county surveyor, coroner, tax

commissioner, collector, receiver; procedures

SB 409

County Tax Equalization Boards; additional alternate members .............. HB 1465

County Tax Equalization Boards; members; qualifications .................... SB 628

County Tax Equalization Boards; members; selection; qualification

HB 1278

Dangerous Dog Control; jurisdiction, duties, enforcement .................... HB 1273

Day Care, Small Group Facilities; public hearings on location of

SB 114

Debt; authorize temporary loans to special service districts

HR 626

Department of Administrative Services; request for services.................. HB 1297

Development Authorities; business closings; damage actions

SB 525

Downtown Development Authorities; projects; refinance powers

SB 577

Drug Enforcement; use of forfeited money; expenditure limitations

HB 250

Drugs; use of proceeds; forfeited or seized money, property .................... HB 74

Education Boards; members; qualifications; high school diploma............... SB 528

Emergency Management Organizations; repeal state assistance; funding

HB 404

Emergency Telephone Number "911" Systems; referendum; fees .............. HB 218

Environmental Health Services; fees; city-county governments

SB 527

Ethics in Government Act; county, municipal officials defined ................. SB 309

Expenditure Increases Caused by General Acts; procedures

SR 396

Finances; annual report to Department of Community Affairs

HB 1420

Firemen; rights in administrative procedures, civil actions

SB 457

Governmental Organization Study Committee; efficiency of services

SR 329

Handicapped Facilities, Spaces; standards; renovation; permits

SB 608

Historic Properties, Areas; ad valorem tax classification ...................... SR 265

Hospital Authorities; proceeds from sales of hospitals ........................ SB 646

Housing Authorities; cooperation; urban residential finance authorities ... HB 1499

Housing, Discriminatory Practices; adoption of local ordinances

HB 430

Jails and Correctional Institutions; grants; cooperative agreements

SB 546

Joint County and Municipal Sales and Use Tax; rate ....................... HB 1472

Land Records; mapping; modernization; pilot programs; board

SB 437

Landfills; abandoned; construction activity prohibited

SB 175

Landfills; abandoned; construction activity prohibition act; enact

HB 435

Landfills; waste to energy recycling facilities; encourage ...................... SR 335

Litter Control Laws; urge intensify enforcement

SR 421

Local Government Impact Fiscal Notes Act; repeal

SB 22

Metropolitan Area Planning and Development Commissions; membership HB 1193

Motor Fuel Taxes; federal payment, refund policy; urge change

HR 661

Mountain Protection Act; regulate land-disturbing activities

SB 393

Multiyear Lease, Purchases; contracts; nonprofit agency locate new industry. HB 1550

Municipal Authority Members; malpractice in office; indictment

HB 1425

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INDEX

2561

LOCAL GOVERNMENT (Continued)

Municipal Corporations; burglar, fire alarms; private property sales ...

SB 630

Municipal Courts; disbursement of fines, traffic report fees .................... HB 68

Municipal Courts; jurisdiction; marijuana possession cases ..................... HB 22

Municipal Employees Benefit System; vested rights; legislative revision

.HB 1351

Municipal Taxes; collection by county tax officials; contracts ................. HB 1200

Municipalities; candidates for nonjudicial offices; residency ................... SB 408

Municipalities; city business improvement districts; redefine ................. HB 1442

Municipalities; downtown development authorities; joint agreements .......... HB 1502

Municipalities; Ethics in Government Act; financial disclosure. ................ SB 564

Municipalities; funds for development authorities; ad valorem tax

SB 611

Municipalities; joint county-municipal sales and use tax; rate ................ HB 1472

Municipalities; method to annex industrial area located on island ............ HR 792

Municipalities; officers elected 1986; terms; local laws ........................ SB 625

Municipalities; primary elections; candidate's agents qualifying ................ SB 615

Municipalities; traffic courts; jurisdiction; judges salaries ..................... HB 1333

Mutual Aid Act; public safety agencies; emergency assistance ................ HB 1285

Officers, Employees; property sales to political subdivisions ................... SB 617

Open Meetings; requirements of public agencies ............................. SB 436

Open Meetings; substantially revise requirements ............................ SB 394

Population Bills; redefine; classification; applicability ........................ HB 1872

Property Boundary Processioners; county boards; powers, procedures ........... SB 51

Property Tax Assessment; utilities, airlines; taxing jurisdiction ................ HB 337

Public Authorities; obstruction of administration; fraud ...................... SB 489

Records; open to public inspection; redefine; copies; fees...................... SB 435

Revenue Requirements; ad valorem tax mill rates; uniform valuation .......... SB 509

Sales Tax; joint county and municipal; proceeds distribution .................. SB 543

Sales Tax; special purpose; counties; expand projects; prohibitions ........ HB 191

Sales Tax; temporary imposition; local school system improvements ........... SR 361

Service Marks; registration; infringement damages ........................... SB 558

Solid Waste Collection Services; contracts with private companies ............. SB 531

Solid Waste Handling Systems; state grants; compliance...................... SB 667

Solid Waste Management; disposal space; committee to study................. SR 438

Special Service Districts; temporary loans; clarify debt limits ................. HR 626

Structural Inspectors; employees licensure................................... SB 310

Tax Collectors, Commissioners, Receivers; vacancies; chief deputy ............. SB 485

Tax Executions; notices; void; prohibited transfer actions; release ............ HB 1280

Tennessee Valley Authority; power sales proceeds; apportionment ............. SB 668

Trade Center Facilities; grants; certain exclusion............................ HB 1036

Urban Residential Finance Authorities for Large Municipalities .............. HB 1501

World Congress Center; contracts; commerce, trade center facilities........... HB 1035

Zoning Actions; disclosure; financial interest, local officials .................... HB 113

Zoning; approval of unfavorable recommendations; vote procedures ............ SB 596

LOGANVILLE, CITY OF; new charter; reincorporate; powers ............... HB 1903

LONG COUNTY Board of Commissioners; recreate; districts; terms........................... HB 1341 Board of Education; elections; districts..................................... HB 1676

LUMPKIN COUNTY; homestead exemption; ad valorem school tax; referendum............................................................... SB 674
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2562

JOURNAL OF THE SENATE

M

MABRY, W. L. "PUG" HIGHWAY; designate portion State Highway 9 in Roswell................................................................ HR 720

MACKAY, MARY CAROLINE LEE; condolences ............................. SR 498

MACON-BIBB COUNTY WATER, SEWER AUTHORITY Compensation, pension plan ............................................... SB 661

MACON COUNTY Motor Vehicle Registration; staggered periods ............................... SB 445 State Court; abolish; transfer cases to Superior Court ........................ SB 506

MACON YOUTH DEVELOPMENT CENTER; national accreditation

SR 464

MADISON, CITY OF; corporate limits; change

......... SB 675

MADISON COUNTY

Board of Commissioners; compensation; meetings; county attorney

HB 1873

Board of Commissioners; election, terms, voting procedures .................. HB 1822

Board of Education; election from education districts; terms

HB 1823

MAGAZINES, PERIODICALS Child Pornography; possession unlawful; visual medium defined Telephone Solicitors; subscription orders; deceptive practices

SB 67 .... SB 575

MAGISTRATE COURTS

Appeals; decisions; state courts reviewing magistrate court ........

HB 1235

Bad Checks; duties; form of notice ....................................... HB 1392

Chief Magistrates; non-partisan elections .................................... SB 194

Contempt Powers; failure to comply housing authority subpoenas ............ HB 1249

Council of Magistrate Court Judges; creation ................................ SB 432

Counties of 550,000; fees; fund enhanced services ............................ SB 253

Extradition Waivers; jurisdiction ........................................... SB 201

Fees; bad check citations; judgments in civil claims ......................... HB 1391

Judges; compensation of chief magistrate.................................... SB 197

Jurisdiction; bad checks; misdemeanor violations; trial procedures ............. SB 195

Peace Officer and Prosecutor Training Fund; fines; fees to fund

HB 1202

Personnel; counties provide ............... ................................ SB 202

Unfit Buildings; health hazards; complaints; nuisance abatement

HB 1650

MALPRACTICE (See Medical Malpractice or Physicians)

MANCHESTER, CITY OF; board of commissioners; members; election districts................................................................. HB 1857

MANSFIELD, CITY OF; new charter ..................................... HB 1708

MANUFACTURERS

Ad Valorem Tax; inventory assessment dates; constitutional amendment

SR 11

Ad Valorem Tax; inventory assessment dates; exceptions ...................... SB 48

Business Acquisitions; prohibitive actions ................................... SB 524

Business Closings; damage actions by development authorities ................ SB 525

Freeport Exemption from Ad Valorem Taxation; clarification

SB 622

Hazardous Chemicals; material safety data sheets ............................ HB 503

Product Liability Actions; "use intended" conditions ......................... SB 584

Product Liability; punitive damages; when complied federal standards ......... SB 307

Rebates on Merchandise; redemption by vendors

SB 600

Small Firms Engaged Innovative Work; Seed-Capital Fund; loans ............. HR 552

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INDEX

2563

MAPS; State Mapping and Land Records Modernization Advisory Board ....... SB 437

MARIETTA, CITY OF Cemetery Tax; additional millage; condemnation proceedings ................ HB 1658 Cobb County-Marietta Water Authority; hydroelectric facilities .............. HB 1616 Corporate Limits; change ................................................. HB 1922 Downtown Development Authority; pigeon control program .................. HB 1510 Homestead Exemption; increase; referendum ............................... HB 1808 State-owned Property; new combined lease agreement on 3 tracts ............ .HR 799

MARION COUNTY Motor Vehicle Registration; staggered tag sales ............................. HB 1809 Reapportionment; Senate District 15; composition ........................... SB 582

MARRIAGE AND FAMILY THERAPISTS (Also See Domestic Relations) Licenses; qualifications; law degree ........................................ HB 1701 Licensure; examination requirements ....................................... HB 600

MARSHALL, HONORABLE THOMAS O.; Supreme Court Justice, address Page 84

MARTA

Board of Directors; meetings, reports to local governing bodies ................ HB 733

Construction; use of revenues after Phases A, B, and C .................... .HB 1194

Contracts; landscaping, maintenance; purchases; bids

HB 1580

Rail Vehicle Hijacking; explosives; weapons; penalties ....................... HB 1629

Transportation Service Contracts; conditions; financing; tax .................. HB 1513

MAUPIN, DR. JOHN E.; commend .......................................... SR 465

McCALEP, DR. GEORGE 0.; commend ...................................... SR 483

MCCARTHY, KENNETH, BRIDGE; designate in Camden County

HR 549

McCAYSVILLE; mayor, city council, VIVA volunteers; commend ............... SR 392

McCLAIN, KATRINA; National Basketball Player of Year; commend

SR 250

McGILL, FLORENCE; wife of Senator Sam McGill; condolences................ SR 364

McGILL, SENATOR SAM; excused during hospitalization ................. Page 515

MECHANIC'S AND MATERIALMEN'S LIENS Bonds; amount for release; filing ........................................... SB 340 Filing; bondholder defenses against foreclosure .............................. SB 591 Filing; prior notices to filing a claim ........................................ SB 598 Real Estate Liens; filing location; release procedures ......................... HB 713

MEDICAID (See Medical Assistance)

MEDICAL ASSISTANCE

Appeals; hearings; administrative decisions; unify procedures ................. HB 1239

Appropriations; supplemental; FY 1987 Medicaid benefit claims ............. .HB 1183

Clinical Health Services; uncompensated charity care requirements

SB 398

Commissioner; compensation ............................................... SB 553

Health Care Providers; required report certain data to DHR

HB 254

Indigent Health Care Trust Fund; creation; expand coverage

SR 350

Long-Term Care; Medical Care Foundation Joint Study Committee

SR 75

Medicaid; committee to study reimbursement schedules ...................... SR 375

MEDICAL COLLEGE OF GEORGIA HOSPITAL AND CLINICS Commend ................................................................ HR 565 Commend ................................................................ SR 318 Goldstein, Dr. Marvin C., School of Dental Medicine; commend ............... SR 362

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2564

JOURNAL OF THE SENATE

MEDICAL EXAMINERS (See Coroners)

MEDICAL MALPRACTICE Arbitration of Claims for Damages; procedures .............................. SB 374 Medical, Dental and Nursing Students; liability; immunity................... HB 1549 Summary Judgment Proceedings; affidavit of conduct; motions ................ SB 347 Tort Reform; immunity from liability, certain free medical care ................. SB 1

MEDICAL PRACTICE (Also See Physicians or Professions and Businesses)

Abortion; minors; Parental Notification Act; notices .......................... SB 621

AIDS; confidential patient information; disclosure........................... HB 1281

Air Ambulance Services; regulation; licensure ................................ SB 460

Automatic Defibrillators; use by EMS personnel, first responders .............. SB 462

Chiropractors; change scope of practice; education requirements ............... SB 235

Chiropractors; clarify right; recommending use of vitamins................... HB 1243

Chiropractors; redefine scope of practice; ancillary procedures ................. SB 443

Composite State Board of Medical Examiners; extend to 1994 ............... HB 1349

Disciplinary Actions; state board powers; injunctive actions ................... SB 348

Drugs; withhold duplicate prescriptions from another practitioner ............. HB 968

Emergency Medical Personnel; physician communication requirements

SB 461

Healing Arts Practitioner; delegation of duties; conditions .................... SB 238

Health Care Data; statewide collection system; requirements

HB 254

Health Related Professions; examining boards; merge single agency ............ SR 332

Heart Transplants; insurance coverage ...................................... SB 604

Hospitals; confidentiality of birth related information ........................ SB 451

Informed Consent to Surgical, Medical, Diagnostic Procedures; rules

SB 367

Liability; medical, dental and nursing students; tort immunity ............... HB 1549

License to Practice; contested cases; appeals; stays .......................... HB 1456

Medicaid; reimbursement schedules; committee to study...................... SR 375

Medical Consumer Advocate; create position of .............................. SB 523

Medical Examiner, Office of; licensure requirements ......................... HB 1350

Minor Child Drug Screening Program; immunity from liability ................ SB 641

Optometrists; advertising eye exam services; trade names ..................... HB 816

Optometrists; advertising services or merchandise; rules ...................... SB 636

Optometrists; authorize prescription of pharmaceutical agents

.... SB 375

Optometrists; use of pharmaceutical agents; continuing education ........... HB 1169

Organ Donor and Procurement Study Committee; create ..................... SR 410

Patient Confidentiality; health care data provided to DHR ................... HB 254

Patient's Health Records; prohibit destroy, alter, falsify ..................... HB 1598

Physician's Assistants; health clinics; membership state board................. SB 499

Physicians; Osteopaths, Orthotists; conditions for licensure .................. HB 1846

Physicians, Osteopaths, Orthotists; state board revisions; director.............. SB 348

Physicians; trauma centers emergency services; liability; immunity............. SB 455

Practitioners; approved continuing education; licensure ....................... SB 444

Practitioners; dangerous drugs; samples; prohibited sales ..................... SB 285

Radioactive Materials; diagnostic, therapeutic users; licenses ................ HB 1411

State Medical Education Board; executive director .......................... HB 1483

Tattooing; age of person unlawful to tattoo.................................. SB 557

MEEKS, HEATHER, MISS GEORGIA T.E.E.N.; commend .................... SR 262

MENTAL HEALTH Central State Hospital; education supervisor, principal; salary ................. SB 595 Crimes; capital offenses; guilty but mentally retarded ........................ HB 878 Death Penalty; retarded offenders; urge commute sentence to life ............. SR 388 Department; create by dividing Human Resources Department................. SB 12

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INDEX

2565

MENTAL HEALTH (Continued)

East Central Community Center; property conveyance; Richmond County .... .HR 811

Georgia Regional Hospital; property conveyance to Richmond County ......... HR 811

Medical Records; confidentiality; civil actions............................... HB 1301

Mentally Retarded Persons; death penalty sentence prohibited ................ SB 450

Minor Child Drug Screening Program; procedures; urine tests................. SB 641

Northwest Regional Hospital; designate Ellis Hale Training Center ............ HR 783

Northwest Regional Hospital; designate Mildred Knight Prevocational Center HR 783

Northwest Regional Hospital; designate Romeo Diprima Center ............... HR 783

Retardation; metabolic disorders; study diagnostic screening

............ SR 400

MERCER UNIVERSITY; Godsey, Dr. Raleigh Kirby, President; commend ...... SR 341

MERIT SYSTEM Classified Service; dismissal actions; appeals; compensation ................... SB 403 Classified Service Employees; on-call time compensation...................... SB 127 Education Supervisor, Principal; Central State Hospital employees ............ SB 595 Employees; overtime pay in lieu of compensatory time ........................ SB 21 Employees; polygraph examinations; adverse action procedures ................ SB 410 Employees; use of accumulated sick leave ................................... SB 124 Human Resources Employees; state hospitals; night shift duty pay ............ SB 406 Smoking in Government Buildings; designated areas; guidelines ............... SR 435 State Board; retired teachers; urge reopen health insurance option ............ SR 404 Technical and Adult Education Department; agency name changed ........... HB 1403 Technical and Adult Education Department; retirement provisions ..... HB 1779

METROPOLITAN AREA PLANNING AND DEVELOPMENT (See Development Authorities or Authorities)

MILITARY AFFAIRS (Also See Veterans) False Military Identification Card; penalties ................................. SB 511 Georgia National Guard; retirees; distinctive license plates ................... HB 1308 Georgia National Guard; retirees; motor vehicle license plates ................. SB 458 Persons in Military Service; authority to carry firearms....................... SB 586 Public Officers and Employees; military duty; compensation .................. SB 182 State Defense Force; commend ............................................. SR 504 State Defense Force; special license plates .................................. SB 311 Veterans Day Parade Association of Atlanta; commend ....................... SR 354 Veterans Memorial Building; authorize bust of James H. "Sloppy" Floyd ...... HR 631 Veterans Memorial Building, Floyd; Vietnam Memorial dedication ............ HR 664

MILLEDGEVILLE, CITY OF; corporate limits ................. SB 174

MILLEN, CITY OF; new charter ......................................... .HB 1286

MILLER COUNTY; state court; assistant district attorney as solicitor ........ HB 1677

MILLER, LIEUTENANT GOVERNOR ZELL Address ............................................................... Page 2415 Communications from ................................ Pages 19, 20, 21, 139, 569, 570

MILLER, REBECCA JANE; compensate ........................ HR 705

MINORITIES Minority Businesses; study tax incentives for contracts to .................... SR 476 Small Minority Business Development Corporations; creation .............. HB 1310 Small Minority Business Development Corporations; creation ................. SB 569

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2566

JOURNAL OF THE SENATE

MINORS

Abortion; parental notification; waiver by juvenile court

SB 621

Adoption; child placing agencies; payments to expectant mothers

SB 421

Adoption; hard-to-place child; increase aid to families

SB 19

Adoption; health insurance coverage; effective date

HB 1527

Adoption; release of birth parent information records

SB 63

Adoption; special needs child; child-placing agency; payments

SB 422

Adoption; special needs children; payments to agencies

HB 1363

AIDS Transmitting Crimes; juvenile proceedings; HIV testing

HB 1281

Alcohol, Smoking, Drug Abuse; require public school health courses

SB 66

Alcoholic Beverages; furnishing to; custodial parents; actions

HB 1123

Alcoholic Beverages; liability of person sells, serves, furnishes, property

owners ................................................................ HB 1495

Alcoholic Beverages; sellers duty to verify age, ID documents

HB 1322

Alcoholic Beverages; violations; municipal court jurisdiction

SB 141

Born Out of Wedlock; replace certain words in Code

HB 1612

Chatham-Savannah Youth Futures Authority Act; creation

HB 1323

Child Abuse; county protocol committees; additional members

SB 640

Child Abuse; reports; child-counselors, service personnel; photos.............. HB 1355

Child Abuse; reports; prohibit employer retaliatory actions

SB 665

Child Advocacy Programs; urge public/private partnerships

SR 432

Child Caring Institutions; public hearings on location of; prohibit ............. SB 114

Child Custody; age child select parent with whom to live ..................... SB 612

Child Custody, Uniform Jurisdiction Act; adoptions; foreign country

HB 1509

Child Custody; visitation rights; address location for pickup ................. HB 1294

Child Labor; employment; hours; violations by employers

HB 1361

Child Labor; lawn maintenance during school vacation; conditions

HB 1752

Child Molestation; not bailable offense; superior court jurisdiction

HB 776

Child Pornography; possession unlawful, definitions ........................... SB 67

Child Support; enforcement; DHR collect interest on judgments

SB 271

Child Support; enforcement proceedings; immunity, court witnesses

SB 270

Child Support; enforcement; reimbursement for attorney's fees

SB 272

Child Support; recipients of public assistance; parent liability

SB 269

Children and Youth Commission; creation of ............................... HB 1371

Children and Youth Commission, Georgia; relative to

SR 448

Children and Youth Coordinating Council; juvenile courts create

HB 290

Children and Youth Issues; urge presidential candidates identify

SR 447

Children's Services; funding inventory; urge development of

SR 449

Children's Trust Fund; relative to child abuse prevention

SR 462

Cobb County Commission on Children and Youth; creation

HB 1625

Cocaine; distribution to minors; mandatory prison term

SB 214

Compulsory School Attendance; change age

HB 1369

Correctional Facilities; commend Macon, Dalton Development Centers

SR 464

Counseling Services; public schools; urge review funding needs

SR 469

Day Care Centers; employee records check for crimes against minors

HB 1216

Day Care Centers; exception to space requirements

HB 1306

Day Care Homes and Centers; space requirements ........................... SB 526

Death Penalty; retarded offenders; urge commute sentence to life

SR 388

Death Penalty; sentence prohibited, certain age youth

SB 450

Delinquent Acts; victim restitution programs

SB 431

Delinquent Youth, Inmates; college tuition equalization grants

SB 424

Driver's License Suspension; alcohol, DUI, drug violations

SB 120

Drug Screening Programs; urine tests; procedures

SB 641

Drug Testing; students in public schools, procedures

SB 65

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INDEX

2567

MINORS (Continued)

Duty of Support of Parent; mentally, physically disabled; enforcement.......... SB 35

Education; AFDC recipients; GIERA postsecondary trust program

SB 530

Education; date of eligibility for enrollment in public schools

SB 465

Education Reinvestment Act; AFDC recipients; GERA trust program

SB 232

Employment; certificate requirements; passing grades; maximum hours

SB 313

Estates; uniform statutory rule against perpetuities .......................... SB 606

Family Violence; acts between certain persons; arrests

HB 1407

Family Violence; domestic violence orders; violations ........................ HB 1400

Family Violence; relief petitions to protect; allegations

HB 1399

Family Violence Shelters and Programs; licensing ....'....................... HB 1450

Foster Children and Parents; liability insurance coverage

HB 1546

Gift to Minors Act; distribution of trust property

SB 395

Grandparent Visitation Rights; actions; adoption orders ..................... HB 1434

Grandparent Visitation Rights; special circumstances; revocation .............. SB 549

Health Insurance; Child Health Services Act ................................ SB 576

Hospitals; confidentiality of birth related information ........................ SB 451

Insurance and Educational Reinvestment Act, GIERA; AFDC recipients

SB 530

Interest in Property Under Will; renunciation; time ......................... HB 1250

Juvenile Capital Crimes; court jurisdiction; restrictive custody ................ SB 148

Juvenile Courts; 18 year olds; jurisdiction; certain cases ....................... SB 20

Juvenile Justice; Criminal Justice Coordinating Council; membership

SB 430

Juvenile Law; urge in-service training for peace officers....................... SR 491

Juvenile Probation Officers; state subsidy; certain counties

SB 89

Juvenile Services Association, Inc., Georgia; commend ........................ SR 472

Life Insurance; benefits on lives of children; fraternal societies

HB 1590

Missing Children Information Center; GBI; redefine age of person

HB 228

Motorcycle Riders; wearing of protective headgear

SB 644

Murder Against Persons Under 17 Years; impose death penalty ............... SB 563

Pandering; soliciting persons under 17; sodomy; penalties .................... HB 1221

Parents Without Partners Month; designate ................................. SR 117

Preschool Programs; religious nonprofit; licensure exemptions

SB 111

School Year; variance in length ........................................... HB 1276

Seat Belts; children over 3 but under 16 years; requirements

SB 29

Seat Belts; children 4 years or younger; requirements

HB 71

Sex Education; public schools .............................................. SB 351

Sex Education; public schools; course topics defined

SB 352

Sexual Exploitation of Children; correct errors in Code

HB 1226

Sexual Offenses Against; age of consent under 17; certain cases ................. SB 5

Sexually Transmissible Diseases, AIDS; tests; treatment; disclosure

HB 107

Special Education Programs; funds; grants; children in custody .............. HB 1404

Surrogate Parenting; regulate; legal status of children

SB 493

Tattooing; change age of person unlawful to tattoo........................... SB 557

Teenage Pregnancy/Parenting Projects (TAPP); encourage

SR 485

Tobacco, Cigarettes; prohibit sales to, purchases by minors

SB 110

Traffic and Waterways Offenses; penalties; proceedings ....................... SB 147

Traffic Offenses; delinquent acts; unlicensed driver; jurisdiction ............... HB 290

Wrongful Death of Parent; recovery actions; procedures

SB 259

Young Americans Act; establish federal council; urge passage

SR 463

Youth Services; community economic development; regional plan .............. SR 470

Youthful Offenders; sentence; committee to study alternative means ........... SR 395

MISSING CHILDREN INFORMATION CENTER, GBI; redefine age of person ................................................................ HB 228
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2568

JOURNAL OF THE SENATE

MITCHELL COUNTY

Board of Commissioners; elections; districts; terms .......................... HB 1552

State Court; judge and solicitor, compensation

HB 1551

MOBILE HOMES (See Buildings and Housing)

MOLLER, CHARLES T.; condolences ........................................ SR 387

MONROE COUNTY; board of commissioners; members; terms; referendum HB 1560

MONTGOMERY COUNTY; magistrate court; chief magistrate; appointment. HB 1713

MOORE, DUNCAN; Phoebe Putney Memorial Hospital; commend

HR 916

MOORE, GEORGE; Pastor of Saint Philip A.M.E. Church; commend

SR 450

MOORE'S MILL BRIDGE; designate in Cherokee County, State Highway 108 HR 551

MORGAN COUNTY; magistrate court; law library fees...................... HB 1651

MORROW HIGH SCHOOL FOOTBALL TEAM Commend ................................................................ HR 666 Commend ................................................................ SR 320

MORTGAGES (Also See Property)

Mortgage Subsidy Bond Tax Act of 1980; allocation; state ceiling

SB 479

Multifamily Rental Property; low-income housing; financing .................. SB 479

Revenue Bonds; urge Congress extend housing financing program

SR 281

Revenue Bonds; urge Congress extend housing financing program

SR 295

MORTON, JAMES H.; Pastor of Thankful Baptist Church; commend

SR 452

MOSS, W. M.; Police Chief of Cedartown; commend

SR 321

MOTOR FUEL AND ROAD TAXES; federal; urge Congress change local government pay/refund policy ......................................... HR 661

MOTOR VEHICLE SALES FINANCE ACT; lease contracts; subleases; consent ................................................................. HB 1449

MOTOR VEHICLES AND TRAFFIC

Abandoned Vehicles and Parts; unidentifiable; disposition ................... HB 1471

Abandoned Vehicles; removal; notify certain persons; lien foreclosure

SB 442

Abandoned Vehicles; unattended check notices; counterfeit cards

HB 1385

Accident Reports; inspection of records ..................................... SB 514

All-terrain Vehicles for Off-road Use; prohibit on public roads ............... HB 1468

All-terrain Vehicles for Off-road Use; redefine motorcycle

HB 1470

Ambulances; air ambulance services; regulation; licensure

SB 460

Arrive Alive Georgia; commend teen safety campaign......................... SR 374

Certificate of Title; exclude vehicles not sold for highway use

SB 377

Certificate of Title; rebuilt, salvage vehicles; inspections

HB 159

Certificate of Title; used car dealers; failure to obtain

HB 1304

Code Revisions, Corrections ............................................... HB 1229

Dealers, New Motor Vehicle; registration; place of business

SB 458

Driver's License; applicant's written tests requirements

SB 117

Driver's License; driving with revoked license; penalty

HB 1337

Driver's License; false identification documents; penalties

SB 511

Driver's License; habitual violators; probationary license

SB 517

Driver's License; records; admissible evidence; certain copies

SB 562

Driver's License; review and correction of records

HB 1334

Driver's License; revocation; redefine habitual violators

SB 157

Driver's License; suspended for no insurance; restricted permits

HB 1570

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INDEX

2569

MOTOR VEHICLES AND TRAFFIC (Continued)

Driver's License; suspension; conviction reports; probationary; driving with

suspended licenses; citations ............................................ HB 1467

DUI; alcohol concentration; evidence; presumption; tests; sentences ........... HB 1660

DUI; fixing punishment for violations; determining factors .................... SB 138

DUI; forfeiture, seizure provisions; proceeds of sale .......................... SB 103

DUI; injurious traffic accidents; chemical test requirements .................... SB 91

DUI; maximum penalty for serious injury by vehicle; felony .................. HB 796

DUI; two identical chemical tests administered 30 minutes apart .............. SB 317

DUI; vehicle declared contraband when no insurance coverage ................. SB 60

DUI; violations; federal law, local ordinances, current or prior laws

HB 37

Emergency Vehicles; colored lights; permit exemptions ...................... HB 1743

Equipment; glass windshield, headlights; insurance coverage .................. SB 559

Failure to Stop; prosecution by municipal courts............................ HB 1660

Firearms Discharged at Moving Vehicles; penalties

SB 401

Forest Products; transporting; comply motor carrier safety rules............... HB 859

Garage, Parking Lots; security for motor vehicles; liability .................... SB 171

Habitual Offenders; driving with suspended license; penalty

HB 1467

Habitual Violators; driver's license revocation; redefine ....................... SB 157

Habitual Violators; driving with revoked license; penalty ................... HB 1337

Habitual Violators; probationary driver's licenses .......................... .HB 1660

Handicap Parking Lots; unattended fare gate accessibility ..................... SB 36

Handicapped Parking Law; persons to enforce; appointment; powers

... HB 1475

Handicapped Parking; special permanent permits ............................ SB 574

Insurance Policies; boldface print where limiting damage loss ................. SB 478

Insurance; accident reparations; third party claims; notices ................... SB 578

Insurance; coverage for repair of damaged safety equipment .................. SB 559

Insurance; insurers rights to actions, uninsured motorist...................... SB 265

Insurance; nonrenewal; notices; actions; agency termination .................. HB 1268

Insurance; personal automobile; joint committee to study

...

SR 316

Insurance; self-insurer's certificates; claims practices......................... HB 1030

Insurance; total loss claims; vehicle cash value determination ................. SB 540

Insurance; uninsured motorists; optional coverage provisions .................. SB 658

Insurance; violations, penalties, fees; revise requirements ...................... SB 94

Juvenile Alcohol, Drug Violations; driver's license suspension ................. SB 120

Juvenile Offenses; unlicensed drivers; juvenile court jurisdiction ............... HB 290

Juveniles; traffic, waterways offenses; jurisdiction; penalties ................... SB 147

Leased, Rented Vehicles; collision damage waivers; agreements .............. HB 1641

Leased Vehicles; registration and licensing period ........................... HB 1328

License Plates; fees; installment payment date; change

HB 1307

License Plates; new motor vehicle dealers; registration

HB 1729

License Plates; prestige; General Assembly members; seizure ................. HB 1305

License Plates; special; Georgia College ..................................... SB 505

License Plates; special; Georgia National Guard retirees

SB 458

License Plates; special; LaGrange College ................................... SB 554

License Plates; special; National Guard retirees ............................. HB 1308

License Plates; special; Savannah State College; extend time

SB 344

License Plates; special; Shriners; volunteer firemen............................ SB 37

License Plates; special; State Defense Force

SB 311

License Plates; staggered registration periods; limitations ..................... SB 164

License Plates; staggered tag sales; Bartow County.......................... HB 1742

License Plates; staggered tag sales; Clayton County ......................... HB 1409

License Plates; staggered tag sales; Cobb County ........................... HB 1912

License Plates; staggered tag sales; Habersham County ...................... HB 1739

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2570

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

License Plates; staggered tag sales; Houston County......................... HB 1712

License Plates; staggered tag sales; Macon County ........................... SB 445

License Plates; staggered tag sales; Marion County.......................... HB 1809

Licence Plates; staggered tag sales; Richmond County

HB 1477

License Plates; staggered tag sales; Rockdale County

HB 1807

License Plates; staggered tag sales; Sumter County

HB 1205

License Plates; staggered tag sales; Walton County.......................... HB 1830

License Plates; 5-year metal; replacement of mutilated plates

HB 1328

Motor Carriers; interstate, intrastate commerce; registration ................ HB 1282

Motor Vehicle Accident Insurance; captive insurance companies

SB 635

Motor Vehicle Dealers; redefine deceptive practices, retail transactions......... SB 257

Motorcycle Riders; wearing of protective headgear; minors .................... SB 644

Registration; private persons processing applications; bonds .................. HB 1382

School Buses; colored flasher lights; change requirements

SB 90

School Buses; speed limits ................................................ HB 1443

Seat Belts; child passengers; requirements; define compliance

HB 71

Seat Belts; front seat occupant requirements, passenger vehicles............... SB 482

Seat Belts; front seat occupant requirements, passenger vehicles

SB 64

Seat Belts in Passenger Vehicles; requirements .............................. HB 751

Seat Belts; occupant required use; tobacco usage prohibited

SB 572

Seat Belts; required, children over 3 but under 16 years ....................... SB 29

Seat Belts; requirements for passenger vehicles

HB 159

Seat Belts; urge highway sign advertisement safety campaign ................. SR 413

Speed Detection; device testing; certified technicians

HB 1469

Speed Limit; maximum 65 MPH any highway; speed zones certain vehicles HB 652

State-owned Motor Vehicles; liability insurance; nonprofit agencies .......... .HB 1519

Stickers, Decals, Emblems; prohibit profane, lewd words

HB 172

Tires; puncture repairs; external plugs prohibited

SB 459

Tobacco Products; use in certain vehicles prohibited ......................... SB 572

Traffic Control Review; state board; membership

SB 419

Traffic Conviction Reports; fees paid to court clerks .......................... HB 68

Traffic Courts; cities of 300,000 or more; jurisdiction

HB 1333

Traffic Courts; conviction reports; fees; counties over 550,000 ................. SB 545

Traffic Courts; jurisdiction; cities of 300,000 or more

SB 542

Traffic Offenses; Public Safety communications equipment needs

SR 417

Traffic Offenses; unlawful flight; felony if involve other elements

SB 150

Traffic Violations; additional penalties; amend Constitution

SR 347

Traffic Violations; additional penalty to fund county jails

SB 629

Truck Tractors, Semitrailers; length limitations; equipment

SB 520

Trucks and Semitrailers; weight, dimension limits; load permits ............. HB 1548

Trucks; enforcement; Public Service Commission safety rules

SB 358

Trucks; securing loads on vehicles; pulpwood or logs

HB 1665

Used Car Dealers; licensure, registration; records inspection

HB 1304

Used Cars; retail sales agreement; cancellation procedures .................... SB 447

Vehicle Accidents; duty of driver; failure to stop; penalties

HB 1263

Vehicle; left turn only lanes; restrictions .................................... SB 587

Vehicles Sales; standardized color, logo; owner remove. ....................... SB 632

Vehicles Subject to Retail Installment Contracts; subleases .................. HB 1449

Vehicles; turning lanes; prohibit placement of center barriers

SB 633

MOTORCYCLES

Definition; exclude all-terrain vehicles for off-road use

HB 1470

Insurance; nonrenewal; notices; actions; agency termination .................. HB 1268

Insurance; policy cancellation; notices of nonrenewal

SB 541

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INDEX

2571

MOTORCYCLES (Continued) Riders; wearing of protective headgear; change requirement age ............... SB 644

MOUNTAIN PROTECTION ACT; enact

SB 393

MT. ZION, CITY OF; corporate limits ..................................... HB 1882

MULTILEVEL DISTRIBUTION COMPANIES; regulate; contracts; bonds; registration; prohibitions ........................................... HB 1565

MUNICIPAL COURTS

Alcoholic Beverages; jurisdiction; selling, furnishing to minors ................. SB 141

Clerks; disbursement of fines and traffic report fees

HB 68

Marijuana; define jurisdiction in production, possession cases

HB 22

Vehicle Accidents; failure to stop; prosecution

HB 1660

MUNICIPAL GAS AUTHORITY OF GEORGIA; contracts; Joint Municipal Employees Benefit System ...................................... HB 1512

MUNICIPALITIES (Also See Local Government)

Ad Valorem Taxes; amount levy for development authorities

SB 611

Ad Valorem Taxes; collection by county tax officials; contracts

HB 1200

Ad Valorem Taxes; development authorities funding; millage

SB 611

Ad Valorem Taxes; freeport exemptions; applicability

SB 622

Airports; sale or lease to foreign citizens, businesses prohibited

HB 1238

Alcoholic Beverages; jurisdiction; selling, furnishing to minors

SB 141

Alcoholic Beverages; Sunday sales; special entertainment districts ............. SB 673

Alcoholic Beverages; Sunday sales; special entertainment districts

.HB 1848

Animals; dangerous dog control within corporate limits

HB 1273

Annexation; method of; industrial area located on an island................... HR 792

Annexation; prior county approval; change population brackets

HB 66

Annexation; public hearing requirements; notices; ordinances.................. SB 519

Billiard Rooms; applicability of chapter

SB 512

Billiard Rooms; licenses; county governing authority issuance ................ HB 1496

Bond Debt; reports; study to develop requirement procedures

SR 380

Bonds; allocation system for bonds; rural area pools; definitions

SB 637

Bonds; proceeds; authorized investments .................................... SB 327

Bonds; public facility; subject voter approval; amend Constitution

SR 167

Burglar, Fire, Security Alarm Systems; private property sales

SB 630

Buses; Taxicabs, Limousines, Vans; regulations; limit authority................ HB 743

Business License Tax; small minority business corporations

HB 1310

Business License Tax; small minority business corporations ................... SB 569

Candidates for Nonjudicial Offices; residency requirements

SB 408

City Business Improvement Districts; redefine "municipality"

HB 1442

Consolidated City-County Governments; environmental health services; fees SB 527

Contracts for Public Works; bid bonds or other security

HB 636

Contracts; minority businesses; study income tax incentive

SR 476

Contracts; multiyear lease, purchases; to locate new industry

HB 1550

Contracts; solid waste collection, disposal; private companies

SB 531

Debt; authorize temporary loans to special service districts

HR 626

Department of Administrative Services; request for services

HB 1297

Development Authorities; business closings; damage actions

SB 525

Downtown Development Authorities; joint contracts, agreements

HB 1502

Drug Enforcement; use of forfeited money; expenditure limitations

HB 250

Elected Officials; defined under Ethics in Government Act.................... SB 309

Elections; Ethics in Government Act; financial disclosure; filing

SB 564

Elections; officers elected 1986; terms; local laws

SB 625

Elections; primaries; agents qualifying for candidates

SB 615

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2572

JOURNAL OF THE SENATE

MUNICIPALITIES (Continued)

Electors; change of address by absentee ballot application .................... SB 402

Electors; change of address procedures; remove oath requirement

SB 404

Emergency Management Organizations; repeal state assistance; funds .......... HB 404

Expenditure Increases Caused by General Acts; procedures

SR 396

Finances Reports; file with Department of Community Affairs ...

HB 1420

Firefighters; obstructing or hindering performance of; penalties............... HB 1436

Firemen; rights in administrative proceedings, civil actions.................... SB 457

Governing Authority Members; malpractice in office; indictment.............. HB 1425

Governmental Organization Study Committee; efficiency of services

SR 329

Handicapped Parking Law; persons to enforce; appointment; powers.......... HB 1475

Housing Authorities; cooperation; urban residential finance authorities ....... HB 1499

Indigent Health Care Trust Fund; creation; contributions

SR 350

Jailers of Municipal Corporations; chiefs of police; records ................... HB 1261

Jails and Correctional Institutions; grants; cooperative agreements ............. SB 546

Joint County and Municipal Sales and Use Tax; rate ....................... HB 1472

Joint Municipal Employees Benefit System; membership; Municipal Gas

Authority ............................................................ .HB 1512

Joint Municipal Employees Benefit System; vested rights .................... HB 1351

Landfills; abandoned; construction activity prohibition act; enact .............. HB 435

Law Enforcement Officers; internal investigations; regulations ................. SB 153

Lease of Property Not Needed for Public Roads ............................ HB 1678

Metropolitan APDCs; membership; representative mayors; members ... .HB 1193

Municipal Courts; disbursement of fines, traffic report fees .................... HB 68

Municipal Courts; jurisdiction; marijuana cases ............................... HB 22

Mutual Aid Act; local emergencies; public safety agencies.................... HB 1285

Officers, Employees; property sales to political subdivisions ................... SB 617

Open Meetings; requirements of public agencies ............................. SB 436

Open Meetings; substantially revise requirements ............................ SB 394

Peace Officers; minimum salaries ........................................... SB 155

Police Chiefs; county child abuse protocol committees ........................ SB 640

Population Bills; redefine; classification; applicability ........................ HB 1872

Property Tax Assessment; utilities, airlines; jurisdiction ...................... HB 337

Public Safety Directors; authority to carry weapons .......................... SB 586

Records; open to public inspection; redefine; copies; fees...................... SB 435

Service Marks; registration; damages for infringements ....................... SB 558

Solid Waste Collection Services; contracts with private companies ............. SB 531

Solid Waste Disposal Sites; permits; adjoining county location restriction;

expansion; counties over 350,000 ......................................... HB 862

Solid Waste Handling Systems; state grants; compliance...................... SB 667

Solid Waste Management; disposal space; committee to study................. SR 438

Special Service Districts; authorize debt for temporary loans ................. HR 626

Special Tax Districts; sales tax proceeds; distribution formula................. SB 543

Tennessee Valley Authority; power sales proceeds; apportionment

SB 668

Trade Center Facilities; grants; exclude carpet exposition centers

HB 1036

Trade Center Facilities; World Congress Center service contracts

HB 1035

Traffic Courts; 300,000 or more; jurisdiction; judges; salaries ................. HB 1333

Urban Residential Finance Authorities for Large Municipalities .............. HB 1501

Zoning; unfavorable recommendations; vote; counties of 550,000 ............... SB 596

MURDER Against Persons Under 17 Years; imposition of death penalty ................. SB 563 Conviction; life imprisonment without parole; jury findings ................... SB 552 Crime of; life sentence upon conviction; prohibit parole ...................... SR 322 Drug Trafficking; related conviction; death penalty procedures ................ HB 249

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INDEX

2573

MURDER (Continued) Life Insurance Proceeds; suspect beneficiary; funds distribution ............... SB 300

MURRAY COUNTY

Designate; B.T. Parks Memorial Bridge in City of Eton ...................... HR 794

Designate; Hill Wilbanks Memorial Bridge on U.S. Highway 411 .............. SR 245

Designate; William A. Ridley Bridge over Conasauga River, Highway #52

SR 430

MUSCOGEE COUNTY Reapportionment; Senate Districts 15 and 16; composition .................... SB 582 Tax Assessors Board for the Consolidated Government ...................... HB 1421

MUSGROVE, DOWNING; elected to State Transportation Board

Page 92

MUSIC INDUSTRY; interim committee, citizens' council; create

SR 439

N

NATIONAL GUARD (Also See Military Affairs) Motor Vehicle License Plates; special; retirees ............................... SB 458 Motor Vehicle License Plates; special; retirees .............................. HB 1308 Public Officers and Employees; military duty; compensation .................. SB 182

NATURAL RESOURCES (Also See Game and Fish)

Agricultural Exposition Authority; retirement membership in ERS ............ HB 305

Alligators and Alligator Products; hunting, possession; regulate ................ SB 594

Amicalola Falls State Park; lodge/conference center; land exchange ............ HR 877

Butterfly, Tiger Swallowtail; designate as state symbol ....................... SB 449

Code Revisions, Corrections............................................... HB 1229

Commissioner; compensation ............................................... SB 553

Commissioner; membership, Hazardous Chemicals Advisory Council ........... HB 503

Deer Hunting; antlerless or either-sex; certain days, counties................. HB 1440

Deer Hunting; bag limits; antlerless deer limits, season ....................... SB 551

Deer Hunting; reports to General Assembly number killed

HB 1694

Deer Hunting; season, bag limits; antlerless or either-sex deer ....

HB 1441

Department Employees; injured on duty, salary, disability ..................... SB 28

Emergency Operations Center; notify; oil, hazardous materials spills ........... HB 775

Fish Farms, Hatcheries; regulation of agricultural pursuits ...................... HB 7

Fishing; commercial; illegal fishing, shrimping penalties....................... HB 912

Fishing; honorary licenses for blind persons; reciprocity

HB 1244

Fishing in Ogeechee River; shad or creel possession limits

HB 1611

Fishing; red drum and spotted sea trout; minimum size limits ............... HB 1460

Fishing; sport trotlines; one-half mile below lock, dam....................... HB 1446

Fishing With Bow and Arrow; Lake Strom Thurmond....................... HB 1139

Forestry, State Board of Registration; members; powers; licenses

SB 550

Forests; permits to burn woods, lands, marshes, vegetation

HB 34

Fort Yargo State Park; consent to annexation by City of Winder.............. HR 621

Game and Fish Misdemeanor Cases; Probate Court Jurisdiction

HB 1647

George T. Bagby State Park; Lake Walter F. George, Clay County; designate HR 696

Gordonia-Alatamaha State Park, Reidsville; land exchange.................... HR 581

Hazardous Chemical List, Georgia; Public Employee Protection and Right

to Know Act of 1988; enact; create advisory council ........................ HB 503

Hazardous Waste Management Authority, Georgia; membership ............... SB 419

Hazardous Waste Management Authority; powers; liability; fees

SB 597

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2574

JOURNAL OF THE SENATE

NATURAL RESOURCES (Continued)

Hazardous Waste Management; board; powers; duties; regulations ............ HB 1563

Hunting, Fishing; honorary licenses; nonresident fees; reciprocity; quail; fox,

bear hunting provisions; wild animal insurers ............................. HB 1597

Jekyll Island State Park Authority; prohibited property sales ................ HB 1365

Jekyll Island State Park Authority; property sales; prohibitions ............... SB 480

Landfills, Abandoned; construction activity prohibited; permits................ SB 175

Landfills, Abandoned; Construction Activity Prohibition Act; enact ............ HB 435

Landfills; national historic sites; solid waste disposal permits.................. SB 453

Liens; hazardous waste cleanup; Superfund Amendments and Reauthorization

Act; filing; release of liens ............................................... HB 713

Litter Control Laws; urge intensify enforcement ............................. SR 421

Mountain Protection Act; enact ............................................ SB 393

Oil or Hazardous Material Spilled or Released; reports; enforcement

..... HB 775

Oysters and Clams; time and places for taking.............................. HB 1794

Parks; committee to study state system ..................................... SR 402

Pesticide Contamination Cases; farmers; limit liability; proof................. HB 1518

Radiation Control; users; licenses; registration; prohibitions ................. .HB 1411

Recycling; encourage waste-to-energy programs, facilities ..................... SR 335

Soil and Water Conservation Committee; change name to "Commission" ...... HB 1402

Soil and Water Conservation Committee; contracts; grants ................... HB 1401

Solid Waste Disposal Sites; permits; distance adjoining county ................ HB 862

Solid Waste; energy recovery systems; committee to study .................... SR 438

Solid Waste Management; Environmental Protection Division; powers;

funds; permits; waste from outside state; trust fund ........................ SB 667

Southeast Interstate Low-Level Radioactive Waste Management Compact ..... SB 518

Stone Mountain Memorial Association; prohibited property sales ............. HB 1365

Stone Mountain Park; alcoholic beverage sales.............................. HB 1347

Submerged Cultural Resources; board empowered to regulate ................. SB 503

Underground Storage Tank Act; enact; regulate petroleum spills ............ .HB 1851

Water Pollution; marine toilets; sewage; prohibitions ......................... HB 308

Water; residential service to elderly; limit disconnection ...................... SB 427

Water; surface withdrawal permits; regulate; emergency shortages ............ HB 1543

Water Wells Standards Act; contractors; licenses; distance between wells,

septic tanks; variances; attorney general duties ........................... HB 1336

NEUROFIBROMATOSIS FOUNDATION; Georgia Chapter; recognize .......... SR 507

NEWNAN HIGH SCHOOL; commend ....................................... SR 349

NEWS MEDIA; libel actions; defamatory statements; evidence; retractions; damages .............................. SB 343

NEWSPAPERS; independent contractors; distributors, exclude workers'

compensation

.................... SB 40

NEWTON COUNTY

Big Haynes and Alcovy Watershed; committee to study conditions ............ HR 619

Board of Education; members, chairman; compensation...................... HB 1844

Homestead Exemption; county and high school district taxes; referendum HB 1153

Superior Court; court reporters; salary, additional compensation

SB 652

NONPROFIT ORGANIZATIONS (Also See Commerce or Corporations) Arts Development Fund; grants; state tax refund donations .................... SR 23
Athletic Programs; torts, liability limitations ........ SB 50 Charitable Solicitations Act; enact; fundraisers; paid solicitors................ HB 1324 Contracts with Counties, Municipalities; locate new industry ................. HB 1550 Corporations; annual reports; failure to file penalties ........................ HB 1631

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INDEX

2575

NONPROFIT ORGANIZATIONS (Continued)

Nonprofit Contractors Engaged in Business With State; audits ............... HB 1413

Office Buildings; financing through development authorities

HB 1303

Officers, Directors; immunity from liability; change provisions ................... SB 1

Officers, Directors; liability limits; indemnification

SB 302

Open Meetings Requirements; agency using public funds; exceptions

SB 394

Sponsors of Safety or Sports Programs; liability ............................ HB 1335

NORCROSS, CITY OF; new charter; corporate boundaries, powers

HB 1899

NORTH CAROLINA

Fishing License Reciprocity; honorary license for blind persons

HB 1244

Hunting, Fishing Licenses; nonresident fees; reciprocity ..................... HB 1597

NORTH FULTON COUNTY INCORPORATION JOINT STUDY COMMISSION; create ................................................... SR 106

NORTHWEST GEORGIA REGIONAL HOSPITAL Ellis Hale Training and Treatment Center, Building 809; designate Mildred Knight Prevocational Center, Building 807; designate Romeo Diprima Center, Building 403; designate

HR 783 HR 783 HR 783

NUCLEAR MATERIALS; users; radiation control; licenses; prohibitions; sources ................................................................. HB 1411

NUDITY AND SEXUAL CONDUCT Prohibit where alcoholic beverages sold ..................................... HB 516 Prohibit where alcoholic beverages sold ..................................... SB 372

NUISANCES Agricultural Facilities, Farms, Operations; exceptions ......................... SB 570 Occurring as Result of Handling or Disposing of Solid Waste ................. SB 667 Unfit Buildings; health hazards; unincorporated areas of counties............. HB 1650

NURSE OF THE DAY;Veronica Brame serve ................................ Page 31

NURSES

Georgia Board of Nursing; extend to 1994.................................. HB 1349

Liability of Nursing Students; tort immunity ............................... HB 1549

Licensed Practical; board of examiners; extend to 1994

HB 1349

Nurse Anesthetists, Georgia Association; commend ........................... SR 467

Nursing Home Assistants; training program requirements ..................... SB 515

Nursing Home Assistants; vocational-technical training program

SR 424

Patient's Health Records; prohibit destroy, alter, falsify

HB 1598

Physician's Assistants; health clinic services; conditions....................... SB 499

NURSING AND PERSONAL CARE HOMES

Assistants; training programs; licensure conditions ........................... SB 515

Assistants; training programs vocational-technical schools create

SR 424

Death Certificates; physician's assistants authority

SB 260

Decedents of Nursing Homes; residency determination; estates

HB 1386

Downtown Development Authorities; projects; powers ........................ SB 577

Long-Term Care Insurance Act; enact ..................................... HB 1748

Medicaid, Medicare; Medical Care Foundation Study Committee ............... SR 75

o

OCCUPATIONAL THERAPISTS; licensure; continue state board .......... HB 1377 Refer to numerical index for page numbers

2576

JOURNAL OF THE SENATE

OCMULGEE JUDICIAL CIRCUIT; district attorney; supplement; certain counties........................................................... SB 624

OCONEE COUNTY Board of Commissioners; compensation .................................... HB 1379 Board of Commissioners; duties; chairman, vice chairman; vacancies .......... HB 1378

OFFENDER REHABILITATION (See Corrections or Penal Institutions)

OFFICE OF PLANNING AND BUDGET

Arts Development Fund; assignment........................................ SB 400

Georgia Hazardous Waste Management Authority; assignment

SB 597

OFFICIAL CODE OF GEORGIA (See Code of Georgia)

OGEECHEE RIVER; fishing; shad or creel possession limits ................. HB 1611

OLMSTEAD, SENATOR TOMMY; committee assignment changes.......... Page 20

OLYMPIAD

1996 Summer Games; bid to host; support .................................. SR 351

1996 Summer Games; bid to host; support, endorse

HR 750

OPEN MEETINGS Requirements of public agencies............................................ SB 436 State and Local Agencies; revise requirements ............................... SB 394

OPTICIANS, OPTOMETRISTS Board of Examiners in Optometry; extend to 1994 .......................... HB 1349 Optometrists; advertising eye exam services; trade names ..................... HB 816 Optometrists; prescriptions; treatment of occular diseases ..................... SB 375 Optometry Services; advertising; rules ...................................... SB 636 Pharmaceutical Agents; use of ............................................ HB 1169

ORGAN DONORS (Also See Anatomical Gifts) Human Heart Transplants; insurance coverage............................... SB 604 Organ Donor and Procurement Study Committee ............................ SR 410 Organ Donor Cards; witness signatures..................................... HB 1528 Release of Body Parts; coroners, medical examiners; jurisdiction............... SB 349 Testing Body Parts for AIDS and HIV Infections........................... HB 1281

OSTEOPATHS; tattooing; change age of person unlawful to tattoo ............ SB 557

OUZTS, A. LAMAR; commend

.... SR 500

PANNELL, LESLIE; 4-H Championship; commend............................ SR 319

PARAMEDICS (See Emergency Medical Services)

PARDONS AND PAROLES

Death Penalty; retarded offenders; urge commute sentence to life

SR 388

Illegal Drug Manufacturing; life imprisonment, no parole

SB 109

Life Sentence Without Parole; murder conviction; jury findings

SB 552

Parole Violators; arrest expenses; reimbursement to counties

SB 428

Probation; debt payment conditions; crime victims' compensation ............. SB 431

Probationers; supervision transfers; firearms, hunting purposes

SB 651

Probationers; supervision transfers; judicial circuit resides ................... HB 1717

State Board; committee to review conduct of members ....................... SB 419

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INDEX

2577

PARDONS AND PAROLES (Continued) State Board; committee to study inmate early release ........................ SR 152 State Board; full-time employees; authority to carry weapons ................. SB 586 State Board; life sentence for murder conviction; prohibit parole .............. SR 322 State Board; members; compensation ...................................... HB 1342 State Board; members; compensation; state commission fix salary ............. SB 553 State Board; open meetings requirements; exceptions......................... SB 394

PARENT AND CHILD (Also See Domestic Relations or Minors)

Adopted Children; health insurance coverage; effective date .................. HB 1527

Adoption Records; birth parent information; release procedures

SB 63

Child Custody; age child select parent with whom to live ..................... SB 612

Child Custody; Uniform Jurisdiction Act; adoptions; foreign country

... HB 1509

Child Custody; visitation rights; noncustodial parent; location ................ HB 1294

Child Support; dependent child receiving public assistance; liability ........... SB 269

Child Support; enforcement proceedings; immunity, court witnesses ........... SB 270

Duty of Support; mentally, physically disabled minors; enforcement ............ SB 35

Foster Parents and Foster Children; liability insurance coverage.............. HB 1546

Furnishing Alcoholic Beverages to Minors; parent's right of action............ HB 1123

Grandparent Visitation Rights; actions; adoptions ........................... HB 1434

Grandparent Visitation Rights; special circumstances; revocation .............. SB 549

Minor Child Drug Screening Programs; laboratory urine testing ............... SB 641

Minors; born out of wedlock; replace certain words in Code.................. HB 1612

Parents Without Partners Month; designate ................................. SR 117

Surrogate Parenting and Agreements; regulate ............................... SB 493

Wrongful Death of Parent; children bringing recovery actions ................. SB 259

PARENTAL NOTIFICATION ACT; minors seeking an abortion; judicial procedures ........................................................ SB 621

PARENTS WITHOUT PARTNERS MONTH; designate....................... SR 117

PARKER, APRIL; National 4-H Championship; commend ..................... SR 308

PARKING LOTS, GARAGES AND SPACES Handicap Accessibility; unattended fare gates; vehicle heights .................. SB 36 Handicapped Parking Law; persons to enforce; appointment; powers.......... HB 1475 Handicapped Parking; spaces; standards; renovation; permits ................. SB 608 Handicapped Parking; special permanent permits ............................ SB 574 Security for Motor Vehicles; requirements; liability .......................... SB 171

PARKS AND RECREATION Amusement Ride Safety Act; exemptions; moonwalks, live rides .............. HB 1364 Counties; set-aside property; sale to homeowner's associations ............... HB 1192 Georgia Recreation and Park Society; commend ............................. SR 303 Irrigation of Recreational Turf; surface water withdrawal permits ............ HB 1543 Master Therapeutic Recreation Specialists; qualifications ................... .HB 1237 Nonprofit Associations; safety, sports programs; liability ..................... HB 1335

PARKS, B. T., MEMORIAL BRIDGE; designate in City of Eton over Mill Creek ............................................................... HR 794

PATAULA JUDICIAL CIRCUIT; assistant district attorney; serve as solicitor of State Court ................................................... HB 1677

PATIENTS (Also See Medical Practice) Health Records; destruction, alteration, falsification; penalty ................. HB 1598 Sexually Transmissible Diseases, AIDS; tests; treatment; appeals .............. HB 107 Surgical, Medical or Diagnostic Procedures; informed consent ................. SB 367

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2578

JOURNAL OF THE SENATE

PATTON, THOMAS AND ALLENE; congratulate ................ SR 454

PAULDING COUNTY Board of Commissioners; compensation .................................... HB 1680 Pickett's Mill State Park; AT&T lightguide cable easement ........... SR 282

PAYTON, DONALD E.; condolences ......................................... SR 391

PEACE OFFICER AND PROSECUTOR TRAINING FUND; magistrate courts; fines; fees to fund....................................... HB 1202

PEACE OFFICERS (Also See Law Enforcement)

Abandoned Vehicles; duties; unattended check notices; removal .............. HB 1385

Abandoned Vehicles; removal; notify certain persons, agencies. ................ SB 442

Annuity and Benefit Fund; board of commissioners .......................... SB 419

Annuity and Benefit Fund; date of medical examinations .................... HB 1213

Annuity and Benefit Fund Employees; health insurance ..................... HB 1212

Annuity and Benefit Fund; include DHR Investigators; YDC security .... SB 178

Annuity and Benefit Fund; increase benefits................................. HB 458

Annuity and Benefit Fund; surviving spouse benefits ......................... SB 128

Child Abuse; county protocol committees; composition ....................... SB 640

Communications Equipment; committee to study state system needs .......... SR 417

Disciplinary Actions; due process rights; rules, procedures .................... SB 153

Disposition of Property Seized, Unclaimed; procedures ...................... HB 1615

Emergency Vehicles; colored lights; permit exemptions ...................... HB 1743

False Identification to Officers; penalty ..................................... SB 585

Family Violence; urge expand training curriculum............................ SR 382

Family Violence; urge Police Academy implement advanced training........... SR 383

Firearms; full-time employees; authority to carry weapons .................... SB 586

Juvenile Law; urge mandated in-service training ............................. SR 491

Litter Control Laws; urge intensify enforcement ............................. SR 421

Memorial; Georgia Public Safety Memorial; support of ..................... HR 1021

Memorial; support public donations; Forsyth Training Center site

.... SR 418

Minimum Salaries; full-time employees ..................................... SB 155

Persons Appointed Enforce Handicap Parking; training exemption ........... HB 1475

Pistol, Revolver Sales; notification; waiting period............................ SB 452

Police Chiefs; jailers of municipal corporations; records

HB 1261

PSC Enforcement Officers; redefine for retirement purposes................... HB 157

Standards and Training Council; membership ............................... SB 419

Standards and Training Council; personnel; appropriations .................. HB 1241

Training; annual requirements ............................................ HB 1201

Training Fund; magistrate courts; fines; fees to fund

HB 1202

Wardens; county correctional institutions; police powers ...................... SB 476

Witnesses, Informants; prohibit intimidate, threaten ......................... SB 560

PEACE OFFICERS' ANNUITY AND BENEFIT FUND Benefits; retirement; disability and beneficiary; increase ...................... HB 458 Benefits; surviving spouse. ................................................. SB 128 Board of Commissioners ................................................... SB 419 Employees, Retirees, Dependents; health insurance.......................... HB 1212 Medical Examinations; date............................................... HB 1213 Membership; DHR investigators; YDC security personnel..................... SB 178 PSC Enforcement Officers; membership .............. HB 157

PEACH COUNTY; homestead exemption; school tax; referendum ............ HB 1746

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INDEX

2579

PELHAM, CITY OF; public school system; board of education; continue ...... HB 1845

PENAL INSTITUTIONS (Also See Corrections)

Burruss, A.L. "Al" Correctional Training Center; designate; Forsyth ............ HR 46

Commissioner of Corrections; contracts; annual reports ....................... SB 472

Corrections Department; workers' compensation; extend coverage

SB 473

County Correctional Institutions; wardens; police powers ..................... SB 476

County Jails; construction; proximity to schools.............................. SB 500

County Jails; funding; criminal, traffic penalties, fees ......................... SR 347

County Jails; inmates; place of confinement; transfers; costs

SB 583

County Jails; special fund for construction and staffing ....................... SB 629

County Probation Systems; state-wide system membership; conditions ........ HB 1476

Criminal History Records; dissemination; conditions; exclusions ............... HB 312

Death Penalty; executions; witnesses; number of persons required ............. SB 471

Forest Hays, Jr. Correctional Institution; designate at Pennville ............... HR 620

Georgia Building Authority (Penal); membership ............................ SB 419

Georgia Building Authority; property sales; prohibitions ...................... SB 480

Grants to Counties; Municipalities for Jails, Correctional Institutions;

cooperative agreements .................................................. SB 546

Inmates; commission to study overcrowding; sentencing sanctions ............. SR 300

Inmates; habeas corpus proceedings in death penalty petitions ...... SB 99

Inmates; testing for AIDS and HIV Infections; housing; parole ............... HB 1281

Municipal Jails; police chiefs as jailers; records ............................. HB 1261

Pardons and Paroles Board; committee to review removal for cause ........... SB 419

Peace Officers; minimum salaries ........................................... SB 155

Prisons, Transition Centers, Halfway Houses; additional facilities; notices to

General Assembly members ............................................. HB 1689

Probationers; supervision transfers; judicial circuit resides .................... SB 651

Probationers; supervision transfers; judicial circuit resides ................... HB 1717

Probationers; suspended sentences; maximum duration; revocation

SB 434

Youthful Offenders; 18 year olds; court jurisdiction ........................... SB 20

PERSONAL ATTENDANT CARE PROGRAM FOR DISABLED ADULTS ACT; enact.................................................. .HB 1217

PERSONAL CARE HOMES (See Health, Day Care, Nursing Homes, or Health Care Facilities)

PERSONNEL BOARD, STATE; commissioner; compensation ............... . SB 553

PESTICIDES AND PEST CONTROL Contamination; agricultural uses; liability of farmers; proof .................. HB 1518 Pesticides; designated hazardous waste; rules, regulations .................... HB 1563

PETROLEUM PRODUCTS (See Gasoline)

PHARMACISTS, PHARMACIES (Also See Drugs)

Dangerous Drugs; complimentary samples, sale prohibited

SB 285

Drugs; withhold duplicate prescriptions from other practitioner

HB 968

Optometrists; authorize prescription of pharmaceutical agents

SB 375

Optometrists; use of pharmaceutical agents ................................. HB 1169

Preferred Provider Arrangements Act; standards; insurers

HB 507

State Board; deceptive drug price advertising; regulate

SB 397

State Board of Pharmacy; extend to 1994 .................................. HB 1349

PHILLIPS, JESSE; Coffee County; condolences ............................... SR 456

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2580

JOURNAL OF THE SENATE

PHOTOGRAPHY; pandering; unlawful simulate performance of sexual intercourse .......................................................... SB 54

PHYSICAL HEALTH DEPARTMENT; create by dividing Human Resources Department ..................................................... SB 12

PHYSICAL THERAPISTS; licensure; standards of care; disciplinary actions SB 292

PHYSICIANS (Also See Medical Practice or Professions or Health)

Alcoholic Beverages; warning signs; pregnancy; birth defects .................. HB 431

Assistants; death certificates; authority to sign; certain facility ................ SB 260

Assistants; health clinics; membership state board ........................... SB 499

Dangerous Drugs; complimentary samples; sale prohibited .................... SB 285

Hearing Testing; provisions ................................................ HB 432

Immunity from Liability; certain free medical care; damage awards .............. SB 1

Informed Consent; medical treatment; disclosure; malpractice

SB 367

Kidney Dialysis Services; dialyzers; refusal to reuse

HB 1348

Liability Insurance; petition hearings on risk rating assessment

SB 135

Malpractice; arbitration procedures; claims for damages ...................... SB 374

Malpractice; summary judgment proceedings; motions ........................ SB 347

Medical Examiners Board; revisions; director; injunctive actions; fees .......... SB 348

Patient's Health Records; prohibit destroy, alter, falsify ..................... HB 1598

PIEDMONT JUDICIAL CIRCUIT; Jackson County; superior court; change term ............................................................. HB 1639

PIERCE COUNTY Future School Superintendents; appointment; referendum .................... SB 681 School Superintendents; future appointment; referendum ..................... SB 535 Superior Court; change terms ............................................. HB 1540 Tax Commissioner and Personnel; compensation ............................. SB 656

PIERCE, H. G. AND MRS.; Clarkston; congratulate ........................... SR 393

PIKE COUNTY; homestead exemption; school tax; elderly; referendum ....... HB 1684

PINEWOOD CHRISTIAN ACADEMY FOOTBALL TEAM; commend

SR 369

PISTOLS (See Firearms and Weapons)

PLANNING COMMISSIONS (See Authorities or Development Authorities)

PLANT CLOSINGS Business Acquisitions; prohibitive actions ................................... SB 524 Damage Actions by Development Authorities, Governmental entities........... SB 525

PLUMBING CONTRACTORS; licensure, examination exceptions ............. SB 62

PLYDELL-BOUVERIE, JAMES; peach promotion; commend .................. SR 381

PODIATRISTS Patient's Health Records; prohibit destroy, alter, falsify ..................... HB 1598 State Board of Podiatry Examiners; extend to 1994 ......................... HB 1349

POLITICAL ACTIVITIES; state employees; conditions denned ....... SB 3

POLK COUNTY

Van Wert, Town of; repeal Act to incorporate .............................. HB 1526

West Georgia Regional Water Authority Act; creation

HB 1156

POLYGRAPH EXAMINATIONS; state employees; refusal to take; adverse actions ........................................................... SB 410

POPE, MARK; Eagle Scout; commend ....................................... SR 488

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INDEX

2581

POPULATION BILLS

Ambulances; certain counties; number of technicians required ......

HB 177

Billiard Rooms; applicability of chapter; certain municipalities ................ SB 512

Board of Elections; repeal; counties of 158,000-168,000 ..................... .HB 1102

Bond Election Dates; county-wide or school bonds

HB 1218

Bond Proceeds and Contracts; expenditures; certain counties.................. SB 537

City Business Improvement Districts; delete population provision

HB 1442

Coroner; abolish office; establish medical examiner; Gwinnett County ......... HB 1795

Counties; emergency purchases; competitive bid provisions.................... SB 204

Counties of 550,000; alternative tax deferral for elderly ....................... SB 533

Counties of 550,000; fees; state, magistrate court services ..................... SB 253

Counties Over 150,000, Certain Metropolitan Area; contracts; bids ............ HB 1567

County Boards of Education; members; compensation; repeal Act ............ HB 1032

Definitions; classification; applicability; prohibited devices ................... HB 1872

Drug Enforcement; certain local authorities; use of forfeited money............ HB 250

Education Boards; counties between 400,000-525,000; compensation ...

HB 1032

Elections Board; counties between 66,000 and 73,000; repeal Act ............ .HB 1102

Fulton County; board of commissioners; travel; charitable grants ...

SB 626

Fulton County School System; membership, Teachers Retirement System ...... HB 704

Health Boards; counties of 550,000; reimburse retirement expense .............. SB 88

Health Boards; counties of 550,000; retirement options ....... SB 87

Hotel-Motel Excise Tax Levy; certain county, municipality; domed stadium HB 1554

Municipal Corporations; annexation; change population brackets ............... HB 66

Probate Courts; jury trials in counties over 100,000 .......................... SB 413

Probate Courts; jury trials in counties over 100,000 .......................... SB 411

Probation Systems; counties, 250,000 or more; statewide membership ..... HB 1476

School Security Personnel; firearms; counties 100,000 or more ................ HB 1404

Solid Waste Disposal Sites; permits; counties over 350,000 ......... HB 862

Superior Court Clerks; office hours; closing for lunch, weather................ HB 1298

Traffic Courts; conviction reports; fees; counties over 550,000 ................. SB 545

Traffic Courts; jurisdiction; cities of 300,000 or more ......................... SB 542

Traffic Courts; jurisdiction; cities, 300,000 or more; judges ................... HB 1333

PORNOGRAPHY AND OBSCENITY

Child Pornography; possession unlawful, definitions ........................... SB 67

Dance Halls; prohibit certain picture displays where alcohol sold .............. HB 516

Motor Vehicles; profane, lewd words on stickers, decals, emblems ............. HB 172

Pandering; use of motion pictures, photographs, video recordings

SB 54

Sexual Offenses Against Minors; change age of consent to under 17 ............. SB 5

PORT WENTWORTH, CITY OF; mayor and councilmen; elections; terms . . . HB 1736

PORTS AUTHORITY, GEORGIA

Brunswick Port Authority; convey to Georgia Ports Authority................. SB 504

Chairman; compensation................................................... SB 553

Port Facilities; transportation committee to study. ........................... SR 443

Property Acquisition from Brunswick Port Authority ...

SB 502

Sale of Real Property; prohibitions; General Assembly approval ............... SB 480

PRECIOUS METALS; regulate commodity merchants; contracts; sales; futures ............................................................ HB 1366

PRESCRIPTION MEDICATIONS (Also See Pharmacies or Drugs) Deceptive Price Advertising; pharmacists; regulate ........................... SB 397 Drugs; duplicate prescriptions; withhold from other practitioner ............... HB 968 Optometrists; pharmaceutical agents; authorize certain use.................... SB 375 Optometrists; use of pharmaceutical agents ................................. HB 1169

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2582

JOURNAL OF THE SENATE

PRESIDENTIAL PARKWAY Property Acquisition; future public road purposes; definition .................. HB 170 Urge DOT use funds for rural developmental highways ....................... SR 394

PRINCE, JACK AND DELTA Y CORPORATION, INC.; compensate

HR 749

PRISONERS OF WAR, SOUTHEAST ASIA; urge Congress secure release

HR 632

PRISONS (See Corrections or Penal Institutions)

PRIVATE COLLEGES AND UNIVERSITIES AUTHORITY; loans; purchase from Georgia Student Finance Commission ......................... SB 371

PRIVATE ENTERPRISE; government competition; committe to study........ SR 384

PROBATE COURTS Chief Clerks; duties upon vacancy office of judge; appointment................ SB 273 Compensation; supplements by counties; prohibitions. .......... SB 55 Council of Probate Court Judges of Georgia; creation ........................ SB 411 Employees; authority to make certain personnel decisions ...... SB 56 Estates; administrators, executors; mismanagement proceedings ............... HB 670 Guardians; bonds; cases of mismanagement, procedures; execution ............. HB 669 Guardianship Over Property; filing; county where located .................... HB 1557 Insurance Proceeds; distribution in active criminal investigations .............. SB 300 Judges; minimum annual salaries; cost-of-living adjustments .................. SB 463 Judges; minimum salaries, increase ......................................... SB 305 Judges; Official Code of Georgia Annotated; counties provide ................. SB 412 Judges; required training, expense reimbursement............................ SB 413 Judges; retirement fund; board of commissioners............................. SB 419 Judges Retirement Fund; increase benefits; secretary-treasurer ........... SB 15 Judges; vacancies; procedure for filling; clerks ............................... SB 409 Jurisdiction; determine residency; decedents of nursing homes ............... HB 1386 Jurisdiction; game and fish misdemeanor cases ............................. HB 1647 Jury Trials; counties more than 100,000..................................... SB 411 Jury Trials; counties over 100,000 ............................... SB 412 Jury Trials; counties over 100,000 ................. SB 413 Marriage License Applicants; AIDS brochure; signed forms .................. HB 1281 Office Location; judges; distance from courthouse ............................ HB 488 Property Boundary Processioners; appointments of county boards .............. SB 51

PROBATION County Systems; state-wide system membership; funding; personnel .......... HB 1476 Drug Trafficking; increase fines ............................................ SB 122 Officers; juvenile workers; state subsidy; certain counties....................... SB 89 Probationers; firearms; allow use for hunting purposes........................ SB 651 Probationers; serious traffic offenses; unlawful flight; felony ................... SB 150
Probationers; supervision transfers; judicial circuit resides ..... SB 651 Probationers; supervision transfers; judicial circuit resides ................... HB 1717 Suspension of Sentence; maximum duration; revocation ...................... SB 434

PROCESSIONERS; PROPERTY BOUNDARY; county boards; powers; procedures ..................................... SB 51

PRODUCT LIABILITY Manufacturers; punitive damages when complied federal standards ............ SB 307 Manufacturers; "use intended" conditions; definitions ........................ SB 584

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INDEX

2583

PROFESSIONS AND BUSINESSES (Also See Commerce and Trade)

Accountancy, State Board; extend to 1994.................................. HB 1454

Accountants; registration; reports; sanctions; education ...................... HB 1352

Architects, State Board; continue to 1994

HB 1559

Athlete Agents Regulatory Act of 1988; enact................................ SB 423

Attendant Care Services for Disabled Adults; DHR regulate ................. HB 1217

Auto Dealers; used car sales; leasing agency, franchise, auction .............. HB 1304

Barbers; requirements for practicing and teaching........................... HB 1215

Billiard Rooms; licenses; county governing authority issuance

HB 1496

Billiard Rooms; municipalities, counties of 100,000 or more ................... SB 512

Business Licenses; county assessment of fees, taxes; criteria.................. HB 1657

Business Opportunity Sellers; multilevel distribution companies .............. HB 1565

Chiropractic Examiners, Board of; extend to 1994........................... HB 1349

Chiropractors; recommending use of vitamins, minerals, supplements ......... HB 1243

Chiropractors; scope of practice; education requirements...................... SB 235

Chiropractors; scope of practice; redefine; ancillary procedures ................ SB 443

Code Revisions, Corrections............................................... HB 1229

Contractors; electrical, plumbers, conditioned air; license exemptions ........... SB 62

Cosmetology Schools; instructors; training requirements .................... .HB 1214

Counselors, Social Workers, Marriage and Family Therapists; licensure

HB 600

Dentistry, Board of; extend to 1994. ...................................... .HB 1349

Dentists; license to practice; contested cases; stays .......................... HB 1456

Educators; ethics code; Professional Practices Commission, create ............. SR 298

Employees; dissemination of criminal history records; conditions .............. HB 312

Engineers and Land Surveyors; registration board; extend to 1994; members . HB 1503

Firearms Dealers; records; inspections; license sanctions ......

HB 1394

Firearms Dealers; regulate pistol, revolver sales; prohibitions .................. SB 452

Firearms Dealers; regulate pistol, revolver sales; prohibitions .................. SB 378

Flea Market Merchants; regulate; licensure; records .......................... SB 555

Foresters, Registered; licenses; exemptions; state board; powers................ SB 550

Fundraisers, Solicitors; regulate; charitable sales promotions

HB 1324

Garage, Parking Lot Operators; security requirements; liability ................ SB 171

Healing Arts Practitioners; delegation of duties; conditions ................... SB 238

Health Care Providers; patient's records; prohibit destroy, falsify............. HB 1598

Health Related Professions; single regulatory agency; study ................... SR 332

Independent Contractors; tort liability of employers; conditions ............... SB 207

Independent Contractors; workers' compensation exclusions .... SB 40

Insurance Brokers, Agents, Solicitors, Counselors; licenses; fees ............... HB 1490

Insurance Companies and Agency Contracts; cancellations .................... SB 538

Insurers, Agencies; statistical reports; requirements.......................... HB 1494

Insurers; domicile changes to another state; examinations .................... HB 1489

Investment Advisors, Financial Planners; regulation of

HB 1566

Marriage and Family Therapists; licenses; qualifications .................... HB 1701

Marriage and Family Therapists; licensure; examinations ..................... HB 600

Medical Consumer Advocate; create position of .............................. SB 523

Medical Examiners, Composite State Board; extend to 1994 ................. HB 1349

Medical Examiners; qualifications; functions; duties; powers.................. HB 1350

Medical Practitioners; license to practice; contested cases; stays ............. HB 1456

Motor Vehicle Registration Processors; private persons; bonds .............. HB 1382

Motor Vehicle Repairing; tire punctures; prohibitions ........................ SB 459

New Motor Vehicle Dealers; registration; business site........................ SB 458

New Motor Vehicle Dealers; registration; place of business................... HB 1729

Nurses, Licensed Practical; board of examiners; extend to 1994 .............. HB 1349

Nursing, Georgia Board of; extend to 1994 ................................. HB 1349

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2584

JOURNAL OF THE SENATE

PROFESSIONS AND BUSINESSES (Continued)

Occupational Therapists; licensure; continue state board ..................... HB 1377

Optometrists; advertising eye exam services; trade names ..................... HB 816

Optometrists; advertising services or merchandise; rules ...................... SB 636

Optometrists; authorize prescription of pharmaceutical agents ................. SB 375

Optometrists; use of pharmaceutical agents; continuing education ........... .HB 1169

Optometry, Board of Examiners; extend to 1994 ............................ HB 1349

Partnerships; Georgia Revised Limited Partnership Act; enact

HB 924

Pharmacy, State board; extend to 1994 .................................... HB 1349

Physical Therapists; licensure; standards of care ............................. SB 292

Physician's Assistants; health clinics; membership state board ................. SB 499

Physicians, Osteopaths; licensure; approved continuing education .............. SB 444

Physicians, Osteopaths, Orthotists; licenses; qualifications.................... HB 1846

Physicians, Osteopaths, Orthotists; state board regulation, powers

SB 348

Physicians; trauma center emergency services; liability; immunity ............. SB 455

Podiatry, Board of Examiners; extend to 1994 .............................. HB 1349

Professional Corporations; shareholders; active practitioners.................. HB 1302

Psychologists; license to practice; experience requirements ................... HB 1619

Real Estate Brokers and Salespersons; licensee payments; trust fund;

claims; judgment rate; investigations; extend commission .................. HB 1451

Real Estate Salespersons; applicable fair housing laws ........................ HB 430

Recreation Specialists, Master Therapeutic; qualifications.................... HB 1237

Sanitarians, Professional; regulate; certification; licenses; fees ................. SB 420

Security Alarm System Contractors; private property sales.................... SB 630

Social Workers; licensure; examination requirements ......................... HB 600

Speech Pathologist, audiologists; board; physicians; hearing tests

HB 432

Structural Inspectors; licensure; regulation .................................. SB 310

Telephone Solicitors; magazine, book subscriptions; prohibitions

SB 575

Telephone Solicitors; prohibit calls to 976 number .......................... HB 1284

Used Car Sales; licensure; registration; fraud; records; inspector .............. HB 1304

Utility Contractors; licensure............................................... SB 469

Utility Contractors; licensure; additional licensing division .................... SB 469

Veterinary Medicine; licensure; continue state board ........................ HB 1209

Warehousemen; licensure; multiple operations; financial records ............... SB 441

PROMOTIONAL GIVE-AWAY OR CONTESTS Deceptive Schemes; implying person is prize, vacation winner ............... .HB 1370 Prohibit; redefine lottery .................................................. SB 529

PROPANE GAS, LIQUID; pressure vessels used for storage................. HB 1576

PROPERTIES COMMISSION (See State Properties Commission or Property Conveyances)

PROPERTY

Abandoned Vehicles or Parts; forfeiture; altered ID number ................. HB 1471

Abandoned Vehicles; peace officer duties; unattended checks ........

HB 1385

Abandoned Vehicles; removal; notify certain persons; liens .................... SB 442

Acquisition for Future Road Improvement; authority to acquire

SB 118

Ad Valorem Tax; assessment; existing use; legislative intent

SB 579

Ad Valorem Tax; equalization of county digests; procedures ................. HB 1279

Ad Valorem Taxes; municipal taxation for development authorities ........... HB 1785

Agricultural; preferential ad valorem assessment; ownership tranfers ......... HB 1464

Agricultural; preferential tax assessment; change in ownership.

... SB 211

Agricultural; tax assessment; existing use; rules .............................. SB 579

Anatomical Gifts; human heart transplants; insurance ........................ SB 604

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INDEX

2585

PROPERTY (Continued)

Anatomical Gifts; organ donor cards; witness signatures ..................... HB 1528

Anatomical Gifts; organ donors; testing body parts for AIDS ................. HB 1281

Annexation; municipal ordinances; public hearing requirements ............... SB 519

Asbestos Removal; recovery actions; extend period ........................... SB 649

Bankruptcy; exempt; certain retirement, pension funds ....................... SB 510

Code Revisions, Corrections............................................... HB 1229

Condemnation Proceedings; special masters; compensation ................... HB 1545

Conveyances; notice of landfill operations; material deposits .................. SB 620

County Tax Digests; uniformity of property valuation; requirements ........... SB 509

Discrimination in Housing; sales, leases, financing, insuring ................... HB 430

Dispossessing Tenant; sheriff's fees for services ............................. HB 1530

Dispossessory Proceedings; furnishing of utilities; payments ................... SB 248

Eminent Domain; condemnation proceedings; special masters; fees............ HB 1545

Estates; Uniform Statutory Rule Against Perpetuities ........................ SB 606

Fire Protection Services; limit fee or tax assessment; exceptions .............. HB 1463

Foreclosure Fraud; penalties ............................................... SB 647

Foreclosure; writ of possession; summons; answer ............................ SB 610

Forest Land; tax assessment; existing use; rules.............................. SB 579

Forfeiture; controlled substances offenses; use of proceeds ..................... HB 74

Forfeiture; motor vehicles seized for DUI convictions......................... SB 103

Forfeiture; seized under Controlled Substances Act........................... HB 250

Garage, Parking Lots; damage to motor vehicles; liability ..................... SB 171

Ground or Surface Water Withdrawal; permits; regulation of................ HB 1543

Guardians and Trustees of Estates; additional commission .................. HB 1163

Guardianship Over Property; filing; county where located .................... HB 1557

Historic Properties, Areas; ad valorem tax classification ...................... SR 265

Homestead Exemption from Ad Valorem School Taxes; referendum ........... HB 778

Homestead Tax Deferral; alternative for elderly; counties of 550,000 ....... SB 533

Industrial area located on an island; removal; annexation method ............ ,HR 792

Insurance; residential; nonrenewal; notices; actions .......................... HB 1268

Insurance; risk retention groups; captive insurance companies ................. SB 635

Judicial Sales; under execution; time of conducting .......................... SB 158

Landfills, Abandoned; construction activity prohibited........................ SB 175

Landfills, Abandoned; Construction Activity Prohibition Act; enact ............ HB 435

Landfills; national historic sites; solid waste disposal permits.................. SB 453

Landlord and Tenant; cable TV service ...................................... SB 16

Landowners; Soil and Water Conservation Committee; grants ............... .HB 1401

Leased Personal Property; theft conversion; penalty limits ................... HB 1561

Leases by State Authorites; approval; fiscal affairs subcommittees ........... HB 1535

Liability of owner for acts, injury of intoxicated persons ..................... HB 1495

Liens; filing; release of mechanic's and materialmen's liens.................... HB 713

Liens; filings; bondholder defenses against foreclosure ........................ SB 591

Liens; mechanic's or materialmen's; bonds; amount for release ................ SB 340

Liens; mechanic's or materialmen's; filing; prior notices....................... SB 598

Liens; security instruments; intangible recording tax; remove limits

HB 908

Mobile Home Parks; sales; rights of tenants, owners; notices .................. SB 237

Mortgages on Residential Property; interest on escrow funds.................. SB 168

Mountain Protection Act; regulate land-disturbing activities .................. SB 393

Municipal Taxation; millage; development authorities funding................. SB 611

Nuisances; agricultural facilities and operations; exceptions ................... SB 570

Owners; actions to recover damages or theft; notices; recovery................ HB 1538

Permits for burning woods, lands, marshes, or vegetation ...................... HB 34

Processioning of Boundaries; county boards; members; procedures .............. SB 51

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2586

JOURNAL OF THE SENATE

PROPERTY (Continued)

Real Estate Transactions; brokers and salespersons; records.................. HB 1451

Recreational Set-aside Property; county sales; procedures ................... HB 1192

Relocation Assistance; federal-aid road projects; policies ..................... HB 1768

Residential; misrepresenting loans to debtors; relief actions ................... SB 648

Rezoning; local officials with certain interest; disclosure ...................... HB 113

Sales to Political Subdivisions by Local Officers, Employees .................. SB 617

Sales Under Tax Executions; notice of sale; redemption period ............... HB 1674

Seized by Law Enforcement as Evidence; disposition procedures ...

HB 1615

State; acquisition by WCC for sports complex; conditions; leases .............. HR 746

State Housing Trust Fund for Homeless; constitutional amendment .......... .HR 587

State Housing Trust Fund for the Homeless Act............................ HB 1339

State; offices and facilities; committee to study .............................. SR 353

State Properties Commission; acquisition services ........................... HB 1626

State; sales of; certain named authorities prohibited selling

HB 1365

State Tollway Authority; powers; rights of way for tollway project

HB 1769

Subject to Security Interest; fraudulent damages; penalties .................. HB 1431

Tax Assessment; utilities, airlines; local taxing jurisdiction

HB 337

Theft By Conversion; leased or rented personal property ..................... SB 599

Trustee Powers; distribution, termination, consolidation ...................... SB 395

Water Wells; distance between wells and septic tanks; variances

HB 1336

Wills; interests; renunciation of successions; procedure; minors ............... HB 1250

Wills; marital deduction, procedures ........................................ SB 255

Zoning Proposals; approval of unfavorable recommendations .................. SB 596

PROPERTY CONVEYANCES (Also See State Properties Commission)

Baldwin County; Georgia Power Company transmission line easement ......... SR 278

Bartow County; railroad right-of-way; sell to Williams Bros ................... HR 627

Bartow County; sell Western & Atlantic Railroad right-of-way ................ HR 577

Brunswick Port Authority; transfer to Georgia Ports Authority

SB 504

Chatham County; to commission for jail facility, road easement

HR 756

Chattanooga; sell portion Norfolk Southern leased property

HR 578

Dalton; city transfer fire station tract to Whitfield County ................... HB 1751

Dalton; land sale; W&A Railroad Depot lot ................................ HR 653

Dawson, Towns Counties; exchange land with U.S. Forest Service ............ HR 877

Fulton County; authorize lease certain W&A Railroad property .............. .HR 591

Georgia Ports Authority; transfer from Brunswick Port Authority

SB 502

Gordon County; renew land lease to Calhoun Elks Home, Inc.

HR 702

Gordon County; W&A Railroad lessee; sell to Clifford W. Smith .............. HR 585

Gordon County; W&A Railroad right-of-way to William A. Davis.............. SR 367

Helena, City of; easement for water storage tank facility...................... HR 707

Landfills; deeds; notice of previous operations, deposits....................... SB 620

Marietta; new combined lease agreement on 3 state-owned tracts

HR 799

Milledgeville-Baldwin County Recreation Area; Oglethorpe Power easement . SR 277

Paulding County; lightguide cable easement, Picket's Mill Park ............... SR 282

Rabun County; produce packing, cooling facility; urge lease ................... SR 442

Richmond County; to board of health for mental health facility .............. .HR 811

Stephens County; former State Patrol barracks; lease agreement .............. HR 579

Tattnall County Board of Education; public land exchange ................... HR 581

Winder; consent to annex portion Fort Yargo State Park .................... .HR 621

PRUETT, ESTHER; Broadcasters Hall of Fame; commend..................... SR 475

PSYCHOLOGISTS License to Practice; experience requirements ............................... HB 1619 Patient's Health Records; prohibit destroy, alter, falsify ..................... HB 1598

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INDEX

2587

PTA OF GEORGIA AND PRESIDENT, GEORGIANNE BEARDEN; commend ................................................................ SR 352

PUBLIC ASSISTANCE (Also See Social Services or Human Resources

or Medical Assistance)

AFDC Children; Educational Assistance Program; GERA trust program

SB 232

AFDC Children; Insurance and Educational Reinvestment Act; enact

SB 530

Substandard Child Support; parent's liability ................................ SB 269

PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW ACT OF 1988 ...................................... HB 503

PUBLIC OFFICERS AND EMPLOYEES (Also See State Employees or

State Government)

Agriculture Commissioner; appointment by Governor, not elected

.SB 326

Agriculture Commissioner; Governor appoint; amend Constitution

SR 132

Attorney General; membership; boards, commissions, authorities

SB 419

Attorney General; memberships; removal; amend Constitution................. SR 247

Attorneys; constitutional duties; rules governing conduct ..................... SR 273

Campaign Contributions; disclosure reports; recall

SB 97

Central State Hospital; education supervisor, principal; salary................. SB 595

Code Revisions, Corrections............................................... HB 1229

Commissioner of Technical and Adult Education; establishment of

HB 1403

Constitution Commission; creation of; designate members...................... HR 16

Coroner, Medical Examiner; postmortem exams; chemical tests............... HB 1318

Coroners; fees; abolish office by local law, referenda approval ................ HB 1350

Coroners, Medical Examiners; jurisdiction; anatomical gifts ................... SB 349

Coroners; reimbursement for expenses by counties .......................... HB 1707

Coroner's Training Council; change membership .............................. SB 70

Corrections Commissioner; contracts; annual reports ......................... SB 472

Corrections Commissioner; salary; boards, commissions; members expenses

HB 661

Counties; insurance, retirement coverage .................................... SB 102

County and Municipal Elected Officials; Ethics in Government Act............ SB 309

Deferred Compensation Plans; eligible employees .......................... .HB 1638

Drug Violations; jury selection; certain geographic areas ....................... SR 26

Drugs; controlled substance violations; circuit grand, trial juries ............... SB 149

Education; create office of commissioner; appointment procedures

SR 270

Education, State Board; members; each congressional district elect ........... HR 665

Elected; campaign funds; prohibit contribute other candidates ................ SB 534

Employees Injured on Duty; salary, workers' compensation .................... SB 28

Firemen; rights in administrative proceedings, civil actions.................... SB 457

General Assembly Members; change to four-year term

SR 7

General Assembly Members; personal legislative records; depository

SR 301

General Assembly Members; reimbursable expenses; compensation

HB 1196

General Assembly Members; reimbursable expenses; penalties

SB 262

Governor; election and term of office, change to six years ...................... SR 16

Health Insurance; contributions; computation; discharged ................... .HB 1623

Insurance Commissioner; appointment by Governor .......................... SB 324

Insurance Commissioner; campaign contribution limitations ................... SB 539

Insurance Commissioner; campaign contributions; prohibitions

SB 18

Insurance Commissioner; council to review capability

SB 419

Insurance Commissioner; Governor appoint; amend Constitution

SR 130

Labor Commissioner; appointment by Governor, not elected

SB 325

Labor Commissioner; Governor appoint; amend Constitution

SR 131

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2588

JOURNAL OF THE SENATE

PUBLIC OFFICERS AND EMPLOYEES (Continued)

Lieutenant Governor; compensation ....................................... HB 1195

Medical Examiner Office; local referenda establish; duties

HB 1350

Merit System classified; compensation during appeal of dismissal ............. SB 403

Merit System; employee on-call compensation ............................... SB 127

Merit System; employee overtime pay in lieu of compensatory time

SB 21

Merit System; use of accumulated sick leave ................................ SB 124

Military Duty; compensation ................... SB 182

Municipal Authority Members; malpractice in office; indictment.............. HB 1425

Municipalities; candidates for nonjudicial offices; residency ................... SB 408

Peace Officers; minimum salaries ........................................... SB 155

Peace Officers Standards and Training Council; personnel

HB 1241

Political Activities; participation authorized; conditions defined

SB 3

Public Records; disclosure; exceptions; copies; fees ........................... SB 435

Public Service Commission; office of executive director

SB 609

Recall Petitions; change certain procedures; definitions

SB 61

Rezoning Actions; disclosure; financial interest, local officials .................. HB 113

Salaries; change certain officials' compensation.............................. HB 1342

Salaries Determined by Boards, Authorities; department heads

SB 553

Salaries Determined by State Commission; major officers ..................... SB 553

Salaries; major officers; compensation commission; method; authority .......... SR 323

Soil and Water Conservation Committee; change name to "Commission"

HB 1402

Speaker of the House of Representatives; compensation

HB 1195

State Commission on Compensation; members; change salaries ...

HB 1414

Transportation, State Board; membership; election; vote...................... SB 521

PUBLIC RECORDS

Campaign Financial Disclosure Statements .................................. SB 564

Criminal History Records; dissemination by law enforcement ................. HB 312

Criminal Records; arrest records purged certain circumstances ................ SB 373

Election of State Transportation Board; General Assembly vote ............... SB 521

Evaluation of Public Schools, Systems; annual report; profiles................. SB 588

General Assembly Members' Personal Papers; GSU Law Library

SR 301

Hospitals; confidentiality of birth related information ........................ SB 451

Inspection; redefine circumstances open to public; exceptions ................. SB 435

Motor Vehicle Accident Reports; inspection by certain persons ................ SB 514

Open Meetings Requirements .............................................. SB 436

State Records Committee; membership ..................................... SB 419

PUBLIC SAFETY DEPARTMENT (Also See Motor Vehicles or Law Enforcement)

Board of Public Safety; membership ........................................ SB 419

Commissioner; compensation ............................................... SB 553

Driver's License; issuance of probationary licenses ........................... SB 517

Driver's License; record of conviction; reports by judges ..................... HB 1467

Driver's License Records; review; correct invalid information ................. HB 1334

Family Violence; urge expand training curriculum for officers ................. SR 382

Firearms Dealers; license revocation; failure to keep records ................. HB 1394

Juvenile Traffic and Waterways Offenses; conviction records .................. SB 147

Juvenile Traffic Offenses; reports from juvenile courts ........................ HB 290

License Examiners; deputy voter registrars; registration places ................ SB 365

Memorial; committee; commend Forsyth Training Center site ................. SR 418

Memorial, Georgia Public Safety; Forsyth Training Center; support. ......... HR 1021

Personal Identification Cards; ID number; persons without license ............ HB 1467

Records; admissible evidence; photocopies, computer printouts ................ SB 562

Seat Belts; urge highway sign advertisement safety campaign ......

SR 413

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INDEX

2589

PUBLIC SAFETY DEPARTMENT (Continued) Speed Detection Devices; testing; certified technicians ....................... HB 1469 Stephens County; former State Patrol barracks; property lease ................ HR 579 Traffic Control Review; state board; membership ............................ SB 419 Traffic Conviction Reports; counties of 550,000 or more ...................... SB 545 Uniform Division; automobile racing events; security ........................ HB 1700 Uniform Division; communication equipment; committee to study ............. SR 417 Uniform Division; duties, collegiate athletic events; expenses .................. SB 417 Uniform Division; process servers.......................................... HB 1523

PUBLIC SCHOOL EMPLOYEES RETIREMENT

Benefits; cost-of-living postretirement adjustments ........................... HB 480

Benefits; increase monthly amount ......................................... HB 482

Creditable Service; prior teaching service.................................... SB 221

Creditable Service; 40 or more years; benefits

HB 1025

Health Insurance; retirees of community colleges............................. SB 316

Technical and Adult Education Department; agency name changed ........... HB 1779

PUBLIC SCHOOLS (See Education or Schools)

PUBLIC SERVICE COMMISSION

Cogenerated Energy Facilities; exemptions; transmission agreements

SB 376

Consumers' Insurance and Utility Counsel; powers, functions ................. SB 467

Decisions in Contested Cases; findings of fact; statements .................... HB 841

Enforcement Officers; retirement; membership ............................... HB 157

Fees for Operating Costs; assess corporations, utilities; amount................ HB 443

Members; compensation .................................................. HB 1342

Members; compensation; state commission fix salaries ........................ SB 553

Motor Carriers; registration exceptions; buses, taxis, limos, vans ............... HB 743

Motor Carriers; registration; interstate, intrastate commerce ................. HB 1282

Motor Carriers; safety rules enforced by Transportation Department

SB 358

Motor Carriers; vehicles harvesting, transporting forest products .............. HB 859

Office of Executive Director; establish ...................................... SB 609

Telecommunication Companies; deregulation or detariffing; powers ........... HB 1234

Telephones; soliciting calls to 976 number; penalties ........................ HB 1284

Telephones; 976 exchange; regulate; customer preference ballot................ SB 454

PUBLIC TELECOMMUNICATIONS COMMISSION; executive director; compensation .................................................... SB 553

PUBLIC UTILITIES AND TRANSPORTATION (Also See Transporation)

Ad Valorem Taxes; local taxing jurisdiction, assessment ...................... HB 337

Buses; subject municipal regulations

HB 743

Cogenerated Electric Energy; facilities; remove certain restraints .............. SB 376

Consumers' Insurance and Utility Counsel; powers, functions ................. SB 467

Consumers' Utility Counsel; administrator; personnel; repeal date ............ HB 1605

Electric Membership Corporations, Foreign Cooperatives; officers and

directors; standard of care; liability; indemnification........................ SB 536

Home Energy Suppliers; assistance program funds; regulate................... SB 154

Limousines; subject municipal regulations; limitations ........................ HB 743

Motor Carriers; registration exceptions; buses, taxis, limos, vans ............... HB 743

Motor Carriers; registration permits; stamps; fees; exempt commodity

intrastate commerce; interstate commerce ................................ HB 1282

Motor Carriers; vehicles harvesting, transporting forest products .............. HB 859

Motor Fuel Tax; change excise tax rate; exempt certain fuel .................. HB 191

Municipal Gas Authority; retirement and employee benefits

HB 1512

Public Service Commission; fee assessment for operating costs ................ HB 443

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2590

JOURNAL OF THE SENATE

PUBLIC UTILITIES AND TRANSPORTATION (Continued)

Public Service Commission; office of executive director ....................... SB 609

Rail Vehicles; hijacking; weapons; explosives; penalties

HB 1629

Rural Developmental Highways; urge use Presidential Parkway funds

SR 394

Taxicabs; subject municipal regulation; limitations ........................... HB 743

Telecommunication Companies; deregulate or detariff; procedures

HB 1234

Telephones; emergency "911" calls; cellular services; fees ..................... SB 484

Telephones; emergency "911" service; maintenance fees. ..................... .HB 218

Telephones; numbers with 976 prefixes; deceptive advertisement ............. HB 1497

Telephones; soliciting calls to 976 number; penalties ....................... HB 1284

Telephones; solicitors; subscription orders; prohibitions ....................... SB 575

Telephones; 976 exchange; regulate; customer preference ballot................ SB 454

Tennessee Valley Authority; power sales proceeds; apportionment

SB 668

Transportation Study Committee; create .................................... SR 443

Utilities; consumers' counsel; name change; powers; functions

SB 467

Utilities; suspension by landlords; penalties; payments by tenants ............. SB 248

PUTNAM COUNTY; district attorney; supplement; Ocmulgee Judicial Circuit . SB 624

Q
QUALITY BASIC EDUCATION ACT (See Education)

R

RABUN COUNTY Board of Commissioners; produce packing/cooling facility; urge lease .......... SR 442 Board of Commissioners; purchases; change provisions....................... HB 1907 Coroner; change compensation ............................................ HB 1574 School Taxes; collection; tax commissioner ................................. HB 1573

RADIOACTIVE WASTE MANAGEMENT; radiation control; users; licenses; equipment registration; revocation; prohibited uses of sources of radiation ... HB 1411

RAGAN, SENATOR HAROLD; committee assignment changes ............. Page 20

RAGAN, SENATOR HUGH A.; District 32, oath of office, committee assignments ...................................................... Pages 18, 19, 20

RAILROADS

Ad Valorem Taxes; equipment companies; assessment jurisdiction

HB 337

Atlanta; State Properties Commission lease certain tracts ..................... HR 591

Bartow County; W&A Railroad right-of-way; sell to Williams Bros.

HR 627

Gordon County; W&A Railroad right-of-way; sell to William A. Davis ......... SR 367

Marietta; W&A right-of-way line; new combined lease agreement.............. HR 799

Norfolk Southern; leased property; land sale to Hamilton County and

City of Chattanooga, Tennessee .......................................... HR 578

Officers; Directors; liability limits; indemnification; expenses

SB 302

Property Conveyance; CSX Transportation, Inc.; Gordon County

HR 585

Rail Vehicle Hijacking; weapons; explosives; penalties ....................... HB 1629

Western & Atlantic; land sale; Bartow County ............................... HR 577

RAPE; minors; age of consent changed to under 17 years ........................ SB 5

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INDEX

2591

RAY, JACK; former state legislator; condolences............................... SR 492

REAL ESTATE (Also See Property)

Brokers and Salespersons; licensee payments; trust fund..................... HB 1451

Discrimination in Housing; salespersons; services; loans ....................... HB 430

Foreclosure Fraud; penalties ............................................... SB 647

Homeowner Loans; misrepresenting moneys provided; debtors relief ........... SB 648

Liens; mechanic's or materialman's; bonds; amount for release

SB 340

Liens; mechanic's or materialmen's; filing; prior notices....................... SB 598

Liens; property; filings; bondholder defenses ................................. SB 591

Liens; release of mechanic's and materialmen's liens; filing.................... HB 713

Liens; security instruments; intangible recording tax; remove limits ............ HB 908

Mobile Home Parks; land transactions; rights of tenants, owners .............. SB 237

Single-Family Dwellings; sales; require structural inspections .................. SB 310

REAPPORTIONMENT; General Assembly; Senate Districts 15 and 16; composition .............................................................. SB 582

RECALL OF PUBLIC OFFICERS Campaign Contributions; Code revisions; disclosure reports .................... SB 97 Municipal Authorities; members; malpractice in office; removal............... HB 1425 Petitions; procedures; definitions ............................................ SB 61

RECREATION AND PARK SOCIETY, GEORGIA; commend

SR 303

RECREATION SPECIALISTS, MASTER THERAPEUTIC Qualifications............................................................ HB 1237

RECYCLING; waste-to-energy facilities; encourage state participation .......... SR 335

REDEVELOPMENT POWERS LAW Athens; municipal redevelopment powers ................................... HB 1666 Byron, City of; grant redevelopment powers ................................ HB 1569 Industrial area located on island; property removal; method to annex .......... HR 792

REGENTS BOARD Georgia Southern, Valdosta State; urge university status...................... SR 337 Regulate Certain Payroll Deductions of Faculty Members.................... HB 1228 Teacher Education; urge college faculty participate public schools ............. SR 363 Urge university status, two South Georgia colleges ........................... SR 336

REGISTERED TRADEMARKS; local governments; registration; infringement damages ..................................................... SB 558

REIDSVILLE, CITY OF; public land exchange; Tattnall County Board of Education ............................................................ HR 581

REIDSVILLE STATE PRISON; excellence rating; commend

SR 399

RENAL DISEASES Kidney Dialysis Centers; dialyzers; reuse; task force to study................. HB 1348 Task Force; study kidney dialysis centers ................................... SR 272

RESIDENTIAL FINANCE AUTHORITY

Executive Director; compensation .......................................... SB 553

Mortgage Revenue Bonds; urge Congress extend financing program ............ SR 281

Mortgage Revenue Bonds; urge Congress extend issuance

SR 295

Multifamily Rental Units; financing authority; income recertification;

mortgage insurance; designate as Office of Housing......................... SB 479

State Housing Trust Fund for the Homeless Commission; duties

HB 1339

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2592

JOURNAL OF THE SENATE

RETAIL MERCHANTS

Consumer Warranties; electrical, electronic products; risk insurers

SB 589

Flea Market Merchants; regulate; licensure; records .......................... SB 555

Manufacturer's Rebate on Merchandise; vendors; redemption

SB 600

Perishable Food Items; dated packaging to indicate quality

SB 464

Revolving Charge Accounts; maximum monthly finance charges

SB 568

RETIREMENT AND PENSIONS

Bankruptcy; exempt; certain retirement, pension funds

SB 510

Counties; provide for elected officials and personnel

SB 102

Court Officials; create new retirement system

HB 703

District Attorneys' Retirement; board of trustees

SB 419

District Attorneys' Retirement; creditable service years

HB 565

Employees' System; Agricultural Exposition Authority; membership

HB 305

Employees' System; Agrirama Development Authority; officers, employees

HB 896

Employees' System; benefits; cost-of-living increase .......................... HB 358

Employees' System; creditable service; "other public service"

SB 304

Employees' System; district attorney investigators; membership

HB 24

Employees' System; membership; certain education personnel

HB 1071

Employees' System; membership; Environmental Facilities Authority

HB 1046

Employees' System; options revocation; divorce; spouse's death................ SB 129

Employees' System; redefine prior service; military service credit

SB 38

Employees' System; Soil and Water Conservation Commission

HB 1402

Firemen's Pension Fund; employees; health insurance

HB 1212

Firemen's Pension Fund; maximum pension benefits

HB 356

Fiscal Retirement Bills; passage provisions; actuarial studies .................... SB 6

Fulton County; employees of family and children services; options

SB 379

Fulton County; health board employees; membership options .................. SB 87

Fulton County; health department employees; reimburse expenses

SB 88

Legislative System; prior service credit

HB 106

Legislative System; prior service credit...................................... SB 193

Legislative System; reduce benefits members after 6-30-87 .................... SB 222

Municipal Employees, Joint System; Municipal Gas Authority contract

HB 1512

Municipal Employees, Joint System; vested rights; legislative revision

HB 1351

Peace Officers' Annuity and Benefit Fund; board of commissioners

SB 419

Peace Officers' Benefit Fund; date of medical examinations .................. HB 1213

Peace Officers' Benefit Fund; DHR Youth Services Division personnel

SB 178

Peace Officers' Benefit Fund; employees; health insurance ................... HB 1212

Peace Officers' Benefit Fund; increase benefit amount

HB 458

Peace Officers' Benefit Fund; PSC enforcement officers

HB 157

Peace Officers' Benefit Fund; surviving spouse benefits

SB 128

Probate Court Judges Retirement Fund; benefits; secretary-treasurer

SB 15

Probate Court Judges Retirement Fund; board of commissioners

SB 419

Public School Employees; credit prior teaching service

SB 221

Public School Employees; increase benefit amount

HB 482

Public School Employees; postretirement benefit adjustments ................. HB 480

Public School Employees; retirees; health insurance coverage

SB 316

Public School Employees; 40 or more years service

HB 1025

Public Systems; beneficiary designation changes; spouses

HB 376

Railroad Retirement; income tax computation; deduction

HB 1415

Sheriffs' Retirement Fund; benefits; membership dues; options ............... HB 718

Sheriffs' Retirement Fund; eligibility; fines, forfeited bonds

HB 719

Superior Court Clerks' Fund; board of commissioners

SB 419

Superior Court Clerks' Fund; increase benefits; disability provisions

SB 7

Superior Court Judges System; board of trustees

SB 419

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INDEX

2593

RETIREMENT AND PENSIONS (Continued)

Superior Court Judges System; trustees; additional member................... SB 501

Superior Court Judges System; trustees; senior judges; spouses ................ SB 322

Superior Judges Retirement System; number of years service ................. HB 842

Teachers; allowance on years of creditable service............................ SB 167

Teachers; attendance officers; membership .................................. SB 228

Teachers; beneficiary designation; married members .......................... SB 364

Teachers; creditable service for unused sick leave ............................ SB 161

Teachers; creditable service; reestablishment................................. HB 382

Teachers; health insurance; urge reopen participation option .................. SR 404

Teachers; membership; Education Department, Board personnel

HB 1071

Teachers; membership; public school security personnel ...................... SB 370

Teachers; military service credit; requirements; limitations

SB 383

Teachers; Peace Corps creditable service .................................... SB 246

Teachers; postretirement benefit adjustment; "qualified retirement plan" ... HB 357

Teachers; pregnancy leave; creditable service payments

HB 278

Teachers Retirement; county school systems of 550,000 or more ............... HB 704

Teachers; technical change; regional education service agencies .............. .HB 1321

Teachers; 30-year service, early retirement application........................ SB 249

Teachers; unused sick leave; accumulation and payments .................... HB 1240

Technical and Adult Education Department; agency name changed

HB 1779

REVENUE AND TAXATION

Abandoned Vehicles or Parts; assign new ID number........................ HB 1471

Abandoned Vehicles; removal; notify department ............................ SB 442

Ad Valorem Tax; agriculture preferential assessment; ownership changes ....... SB 211

Ad Valorem Tax; agriculture preferential assessment; transfers ............... HB 1464

Ad Valorem Tax; alternative deferral; elderly; counties of 550,000 ............. SB 533

Ad Valorem Tax; Assessment Review Commission; create ................... .HB 1279

Ad Valorem Tax; county tax digests; equalization; review .................... HB 1279

Ad Valorem Tax; development districts; exemption incentives ................. SR 259

Ad Valorem Tax; historic property, areas; tax classification ................... SR 265

Ad Valorem Tax; homestead exemption; school taxes; referendum ............. HB 778

Ad Valorem Tax; inventories; freeport exemption; clarification ................ SB 622

Ad Valorem Tax; inventory assessment dates; constitutional amendment

SR 11

Ad Valorem Tax; inventory assessment dates; exceptions ....... SB 48

Ad Valorem Tax; life insurance premium taxes; use of proceeds

HB 1160

Ad Valorem Tax; municipal development authorities funding ................. SB 611

Ad Valorem Tax; municipal taxation for development authorities............. HB 1785

Ad Valorem Tax; municipal taxes; county tax officials collect ............... HB 1200

Ad Valorem Tax; property assessment; existing use; rules..................... SB 579

Ad Valorem Tax; school lunch programs; food purchases ................... HB 1785

Ad Valorem Tax; tax digests fixed by commissioner of revenue................ SB 509

Ad Valorem Tax; utilities, airlines; local taxing jurisdiction ................... HB 337

Bonds; public facility; subject voter approval; amend Constitution ............. SR 167

Code Revisions, Corrections ............................................... HB 1229

Commissioner; compensation ............................................. .HB 1342

Commissioner; compensation; state commission fix salary ..................... SB 553

County Business License Taxes, Fees; assessment criteria .................... HB 1657

County Tax Digests; uniformity of property valuation; requirements

SB 509

Department Employees; injured on duty, salary; Commissioner's salary

SB 28

Department; registration of new motor vehicle dealers ....................... HB 1729

Development Districts; ad valorem tax incentives; procedure .................. SR 259

Equalization, County Boards; additional alternate members

HB 1465

Equalization, County Boards; members; qualifications ........................ SB 628

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2594

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued)

Equalization, County Boards; members; selection; qualification

HB 1278

Equalization, State Board; assessment appeals; change requirements ........... HB 337

Estimated Tax Returns; due dates; filing requirements

HB 1417

Estimated Tax Returns; fiduciaries; filing .................................. HB 1418

Excise Tax; rooms, lodging, accommodations; certain county, municipality HB 1554

Freeport Exemption; ad valorem taxes; manufactured products

SB 622

Homeless, State Housing Trust Fund; constitutional amendment

HR 587

Homestead Exemption; alternative tax deferral for elderly .................... SB 533

Income Tax; corporate tax returns; due dates; filing requirements ............ HB 1417

Income Tax; deduction; payments to minority businesses; study ............... SR 476

Income Tax, Federal; interest on state bonds; constitutional convention ......... SR 44

Income Tax; incorporate federal law into Georgia law

HB 1415

Income Tax; refund checkoff; creation of Arts Development Fund .............. SR 23

Income Tax; refund checkoff for Arts Development Fund

SB 400

Income Tax; requirements of fiduciaries; estimated tax; filing

HB 1418

Income Tax; social security and railroad retirement benefits

HB 1415

Income Tax; wages subject to withholding; calculation method .............. HB 1419

Income Taxes; setoff of refunds; improper unemployment compensation

SB 490

Intangible Recording Tax; convert to documentary tax; maximum tax

HB 908

Intangible Tax; exemption; stocks; certain financial institutions .............. HB 1455

Intangible Tax; foreign depository financial institutions....................... SB 261

Local Governments; expenditure increases by general Acts .................... SR 396

Local Governments; temporary loans; special service districts ................. HR 626

Mortgage Revenue Bonds; urge Congress extend financing program ............ SR 295

Mortgage Revenue Bonds; urge Congress extend financing program

SR 281

Motor Fuel Tax; change excise tax rate; exempt certain fuel .................. HB 191

Motor Fuel Tax; federal; urge Congress exempt farm usage ................... SR 370

Motor Fuel Tax; federal; urge reverse local pay/refund policy

HR 661

Motor Vehicle License Plates; fees; installment payment date ............... .HB 1307

Motor Vehicle License Plates; prestige; revoked; seizure

HB 1305

Motor Vehicles; registration periods; limitation; exceptions.................... SB 164

Municipal Taxes; collection by county tax officials; contracts ................. HB 1200

Premium Insurance Tax; assessments; liability of insurers ................... HB 1671

Real Estate; convert intangible recording tax to documentary tax.............. HB 908

Revenue Bills; raise or reduce, legislation originate either house

SR 6

Revenue Bills; supplementary appropriation; emergencies; voting procedure

SR 86

Sales Tax; joint county-municipal; special purpose county; repealer

HB 1472

Sales Tax; special purpose; counties; expand projects; prohibitions............. HB 191

Sales Tax; special tax districts; proceeds distribution formula ................. SB 543

Sales Tax; transportation service contracts; counties; referendum

HB 1513

Schools; local systems; revenue sources other than ad valorem tax

SR 284

Schools; local systems; temporary sales tax; amend Constitution ............... SR 361

Small Minority Business Corporations; creation .............................. SB 569

Small Minority Business Corporations; licenses; tax credits ................. HB 1310

State Housing Trust Fund for the Homeless Act............................ HB 1339

Tax Assessment; Settlement and Compromise Board; membership

SB 419

Tax Collectors, Commissioners; compensation supplements; prohibitions

SB 55

Tax Collectors, Commissioners; employee personnel decisions

SB 56

Tax Collectors, Commissioners, Receivers; vacancies; chief deputy ............. SB 485

Tax Executions; judicial sales; property; notices; redemption

HB 1674

Tax Executions; notices; prohibited transfer actions; void; release ............ HB 1280

Tax Officials, Counties; vacancies, procedure for filling ....................... SB 409

Tax Settlement and Compromise Board; membership ........................ SB 419

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INDEX

2595

REVENUE AND TAXATION (Continued) Tennessee Valley Authority; power sales proceeds; apportionment ............. SB 668

REVENUE BONDS Federal Income Tax; limit on interest; constitutional convention ............... SR 44 Mortgage; urge Congress extend financing program........................... SR 281 Mortgage; urge Congress extend housing financing program ................... SR 295 Private Colleges Authority; use of proceeds.................................. SB 371 Proceeds; investments; change authorization provisions ....................... SB 327 Public Facilities; subject voter approval; amend Constitution.................. SR 167

REVISIONS TO GEORGIA CODE (See Code of Georgia)

RICHMOND COUNTY

Augusta-Richmond County; joint governing authority; referendum ............ HB 1637

Designate Savannah River Scenic Highway; portion State Highway 28

HR 747

Government Reorganization of County-City of Augusta; referendum

HB 1220

Motor Vehicle Registration; staggered tag sales; referendum

HB 1477

Property Conveyance; to board of health for mental health facility ........... HR 811

School District; ad valorem tax; homestead exemption; referendum ........... HB 1478

RIDGWAY, THOMAS W.; Chief Judge Alcovy Circuit; honoring ................ SR 422

RIDLEY, WILLIAM A.; designate bridge in Murray County ...... SR 430

RINER, BARNEY; Sandersville Volunteer Fire Department; commend

SR 479

RIVERDALE, CITY OF; homestead exemption; elderly; referendum ......... HB 1814

ROBINSON, HONORABLE LEE; Mayor of Macon, introduction and remarks Page 393

ROCKDALE COUNTY

Big Haynes and Alcovy Watershed; committee to study conditions

HR 619

Board of Education; members; compensation; expenses ...................... HB 1555

Conyers-Rockdale County Charter Commission; creation; referendum .......... SB 566

Homestead Exemption; county, school district taxes; referendum

HB 1556

Motor Vehicle Registration; staggered tag sales; referendum

HB 1807

State Court; terms; ordinance violations..................................... SB 565

ROGERS, CURTIS; compensate............................................ HR 777

ROME, CITY OF Board of Education; additional member; election, terms ..................... HB 1821 Homestead Exemption; school tax; income limits; referendum ................ HB 1905

ROSS LABORATORIES; child advocacy program; commend

SR 432

ROSWELL, CITY OF; W. L. "Pug" Mabry Highway; designate portion State Highway 9 .......................................................... HR 720

RULES CALENDAR, SENATE; supplemental .......................... Page 2207

RURAL DEVELOPMENT

Bonds; rural area pool allocation; transfer of funds........................... SB 637

Developmental Highways; urge DOT use Presidential Parkway funds .......... SR 394

Good Eating in Georgia; agricultural products promotion

SR 276

Good Eating in Georgia; designate official state menu ........................ HR 764

Good Eating in Georgia; "Georgia-USA" product labeling..................... HR 738

Good Eating in Georgia; menu campaign; promote agriculture................. SR 279

Office of Rural Development; State Advisory Committee; creation ............ HB 1260

Small Minority Business Corporation; creation............................... SB 569

Small Minority Business Development Corporations; creation ................ HB 1310

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2596

JOURNAL OF THE SENATE

SAFETY BELTS (See Seat Safety Belts or Motor Vehicles)

SALES AND USE TAXES (Also See Revenue and Taxation) Counties of 550,000 or more; proceeds distribution formula Joint County and Municipal; rate increase; special purpose county Local School Systems; revenue source other than ad valorem Local School Systems; temporary tax; finance capital improvements Special Purpose County; expand projects; reimposition; prohibitions Transportation Service Contracts, MARTA; financing; referendum

SB 524 HB 1472
SR 284 ... SR 361
HB 191 HB 1513

SANITARIANS, GEORGIA BOARD OF REGISTERED PROFESSIONAL; establish .............................................. SB 420

SAVANNAH, CITY OF

Ad Valorem Tax; commission to study county homestead exemption........... HR 652

Ad Valorem Tax; determination of millage rates ............................ HB 1533

Benjamin M. Garfunkel Bridge; designate Wilmington River at Thunderbolt HR 800

Chatham-Savannah Youth Futures Authority Act; creation ................. HB 1323

Elections; mayor, limit term; referendum

HB 1138

First African Baptist Church, 200th Anniversary; commend ................... SR 288

Homestead Exemption; ad valorem taxes; $2,000 all residents ................ HB 1207

Homestead Exemption; elderly, disabled residents; referendum .............. HB 1206

Homestead Exemption; elderly residents with certain income ............... .HB 1208

Property Tax Assessment; committee to study county procedures.............. HR 628

SAVANNAH RIVER SCENIC HIGHWAY; designate portion State Highway 28 ............................................................. .HR 747

SAVANNAH STATE COLLEGE; motor vehicle license plates; commemorative; extend time............................................... SB 344

SAVINGS AND LOAN ASSOCIATIONS (Also See Banking and Finance)

Check-cashing Establishments; limit fees charged; exceptions.................. SB 448

Discrimination in Making Housing Loans, Other Financing

HB 430

Financial Institutions; boards of directors; meetings; schedule

HB 1345

Regulation; mergers; federal savings bank

HB 283

SCARBROUGH, D.E.; State Trooper; commend ............................... SR 348

SCHLEY COUNTY; tax commissioner; compensation; change method

.SB 507

SCHOOLS (Also See Education or Colleges and Universities)

Alcohol, Smoking, Drug Abuse; require health courses

SB 66

Athletic Associations, Private; activities in public schools

SB 126

Beer, Wine Sales; prohibit near schools; exceptions; distances .................. SB 49

Bus Drivers; minimum salaries; increase

HB 1692

Buses; colored flasher lights; change requirements............................. SB 90

Buses; speed limits....................................................... HB 1443

Certificated Personnel; Georgia Grievance Procedures Act .................... SB 638

Compulsory School Attendance; change age ................................ HB 1369

Counseling Services; elementary, middle; review QBE funding

SR 469

Drug Testing; students in public schools, procedures

SB 65

Eligibility for Enrollment; change date ...................................... SB 465

Hazing; clubs, fraternities, sororities; prohibit; penalty....................... HB 1662

Length of Year; variance; local board powers; snow-days..................... HB 1276

Local Systems; other sources of revenue; temporary sales tax ................. SR 361

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INDEX

2597

SCHOOLS (Continued) Local Systems; revenue sources other than ad valorem tax.................... SR 284 Local Systems; student achievement, education costs profiles.................. SB 588 Lunch Programs; ad valorem tax; municipal development authority........... HB 1785 Personnel; licensed, noncertified; employment contracts....................... SB 662 Personnel; licensed, parapros, aides, secretaries; salaries ...................... SB 664 Preschool Programs; religious nonprofit; licensure; inspections ................. SB 111 Proprietary School Act; certificate of authorization ........................... HB 905 Public; construction of county jails; proximity to schools ..................... SB 500 Public; principals; classroom teaching requirements .......................... SB 477 Public School; employees; health insurance fund; checks, drafts .............. HB 1491 Public School Employees Retirement; 40 or more years service .............. HB 1025 Public School Employees Retirement; increase benefit amount ................ HB 482 Public School Employees Retirement; postretirement adjustments ............. HB 480 Public School Employees Retirement; prior teaching service credit. ............ SB 221 Public Schools; principals; duties; inventory reports ........................ .HB 1404 Public Systems of Other States; service credit toward retirement .............. SB 304 Retirees; health insurance coverage; certain community colleges ............... SB 316 Security Personnel; firearms; counties of 100,000 or more ................... .HB 1404 Security Personnel; membership Teacher Retirement System.................. SB 370 Sex Education; course of study............................................. HB 905 Sex Education; public schools .............................................. SB 351 Sex Education; public schools; course topics defined.......................... SB 352 Staff Development Plans; teachers, paraprofessionals, aides ................... SB 663 Superintendents; education boards appoint; amend Constitution............... SR 129 Superintendents, Local; elections; qualifications; vacancies .................... SB 323 Teacher Education; urge college faculty participate schools ................... SR 363 Tests Administered to Students; teachers; prohibited conduct................. SB 613 Voter Registrars; certain designated personnel ............................... SB 508

SCORE; Service Corps of Retired Executives; commend

....... SR 414

SCOTLAND, CITY OF; new charter; corporate powers and limits ............ HB 1850

SCOTT, MABLE THOMAS; Stephens County; condolences

..... SR 297

SCOTT, SENATOR AL; committee assignment changes ..................... Page 19

SCOUTS; Girl Scout Gold Award recipients; commend ......................... SR 302

SEARLES, STACEY; Chattooga County; commend

...... SR 496

SEAT SAFETY BELTS (Also See Motor Vehicles)

Child Passengers; requirements; define compliance ............................ HB 71

Highway Signs Campaign; advertisements relative to new law ................. SR 413

Motor Vehicles; children over 3 but under 16 years; requirements .............. SB 29

Occupant Required Use; use of tobacco products prohibited .................. SB 572

Passenger Vehicles; front seat occupants, requirements ....................... SB 482

Passenger Vehicles; front seat occupants, requirements

SB 64

Passenger Vehicles; requirements ........................................... HB 159

Requirements in Passenger Vehicles; usage; insurance; evidence ............... HB 751

SECRETARY OF STATE Communications from Pages 13, 15, 18, 92, 119, 315, 520, 774, 1075, 1457, 2221, 2416 Compensation ........................................................... HB 1342 Compensation; state commission fix salary .................................. SB 553 Fees; corporate records; state-wide county computerized network ............. HB 1444 Financial Institutions; articles of incorporation; initial directors ............... HB 283 Georgia Business Corporation Code; duties; extensive revision ................ HB 1272

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2598

JOURNAL OF THE SENATE

SECRETARY OF STATE (Continued)

Georgia Laws; publication; indexing; Legislative Counsel..................... HB 1223

Georgia Revised Limited Partnership Act; administration of .................. HB 924

Lobbyists and Registered Agents; unauthorized use of signatures

SB 345

Medical Examiners Board; administrative duties ............................. SB 348

Professional Fundraisers; registration; fees; sanctions ........................ HB 1324

Qualifying Fees of State Political Parties; percent retained................... HB 1326

Securities; registration exemptions certain sales transactions ................... SB 79

Sheriff Emeritus; honorary office certificate................................. HB 1797

State Agencies; proposed rule changes, effective date

SB 210

State Ethics Commission; administrative functions ............................ SB 97

SECURITIES Commodity Merchants; regulate ........................................... HB 1366 Equity; resident domestic corporations; voting shares........................ HB 1571 Investment Advisory Businesses; financial planners; regulate ................. HB 1566 Investment; executors, trustees; "prudent persons"; liability .................. HB 1435 Professional Corporations; stock transfer, sales; shareholders ................. HB 1302 Property Subject to Security Interest; fraudulent damages ................... HB 1431 Sales Transactions; registration exemptions................................... SB 79 Trust Companies; fiduciary funds; investments; fees; disclosure.............. HB 1162

SEED-CAPITAL FUND; creation of; amend Constitution ................... .HR 552

SEMINOLE COUNTY Treasurer; abolish office ........ SB 660 Treasurer; repeal Act providing compensation ............................... SB 659

SENATE

Agriculture Committee; Senator Walter Ray act as Chairman

Page 569

Brown, M. Parks; express tribute to ........................................ SR 343

Committees of Executive or Judicial Branch; reimburse services

HB 1196

Consumer Affairs Committee; Senator Al Scott act as Chairman ............ Page 647

Convened; notify House, January 11, 1988 .................................. SR 243

District 12; special election, Mark Taylor elected .................... Pages 13, 14, 19

District 32; special election, Hugh Ragan elected..................... Pages 18, 19, 20

District 47; special election, Donald Johnson elected .............. Pages 15, 16, 17, 20

Election and Terms; General Assembly members, four-year term

SR 7

Employees; doorkeepers, interns; compensation

SR 244

Harrison, Carl, Senator; commend .......................................... SR 379

Higher Education Committee; report on Governor's appointees

Page 676

Judiciary Committee; Senator Tom Allgood act as Chairman .... Pages 570, 649

Lieutenant Governor; compensation

HB 1342

Lieutenant Governor; compensation; cost-of-living adjustments

HB 1195

Lieutenant Governor; compensation; state commission fix salary

SB 553

Morning Roll Calls............................ Pages 29, 45, 53, 66, 81, 132, 147, 177,

192, 225, 288, 333, 392, 440, 472, 515, 572, 653, 696, 739, 789, 845,

949, 991, 1041, 1091, 1183, 1233, 1311, 1388, 1470, 1560, 1652, 1843, 2010, 2230

President Pro Tempore; compensation ..................................... HB 1196

Revenue Bills; raise or reduce revenue originate either house.................... SR 6

Senate; adopt rules; standing committees.................................... SR 242

Standing Committees; assignment changes ..................... .Pages 19, 20, 21, 139

Supplemental Rules Calendar ........................................... Page 2207

Tolleson, Jim, Senator, District 32; condolences.............................. SR 271

Urban and County Affairs Committee; Senator Harold Ragan act

as Chairman.......................................................... Page 943

Refer to numerical index for page numbers

INDEX

2599

SENATOR ALLGOOD, TOM; excused from voting on SB 398, SB 667, and HB 862 ................................................ Pages 1053, 1196, 1348

SENATOR BROUN, PAUL; excused during hospitalization ................. Page 30

SENATOR LAND, TED; excused ....................................... Page 1854

SENATOR McGILL, SAM; excused during hospitalization ................. Page 515

SENATOR TATE, HORACE; excused........................ Pages 66, 793, 846, 949

SENATOR TIMMONS, JIMMY HODGE; excused

Page 1109

SENATORS-ELECT; certified by Secretary of State, oath of office Pages 13, 15, 18

SENIOR CITIZENS (See Elderly)

SENIOR GEORGIANS' DAY Designate February 11 .................................................... HR 779 February 11, 1988......................................................... SR 378

SENTENCE

Cocaine Trafficking; mandatory imprisonment

SB 214

Community Service Sentencing; procedures to satisfy fines.................... SB 470

Criminal Cases; disparities; incarceration; study committee

SR 152

Death Penalty; certain age youth, mentally retarded; prohibit impose

SB 450

Death Penalty; guilty but mentally retarded; life imprisonment

HB 878

Death Penalty; murder conviction; drug trafficking cases...................... HB 249

Death Penalty; retarded offenders; urge commute sentence to life

SR 388

Driving Under Influence; motion to change or modify ....................... HB 1660

Drug Trafficking; mandatory imprisonment; amend Constitution

SR 21

DUI; change maximum penalty for serious injury by vehicle .................. HB 796

DUI; fixing punishment for violations; determining factors

SB 138

Illegal Drug Manufacturing; life imprisonment, no parole

SB 109

Rules for Sentence Review Panel; Supreme, Appeals Court reports

HB 1731

Suspension; probation; maximum duration; revocation; fines

SB 434

Youthful Offenders; alternative methods; committee to study

SR 395

SEWERAGE (See Waste Management)

SEXUAL OFFENSES

AIDS Battery or Aggravated AIDS Battery; define; penalties

SB 416

AIDS Transmitting Crimes; defined; penalties; HIV testing ................. .HB 1281

Child Pornography; possession unlawful, definitions ........................... SB 67

Criminal Convictions; furnishing records to GBI; repeal

HB 1429

Exploitation of Minors; explicit conduct; correct Code errors

HB 1226

Minors; rape, molestation, enticement; age of consent under 17

SB 5

Nude and Sexual Conduct; prohibit where alcohol sold

HB 516

Nude and Sexual Conduct; prohibit where alcoholic beverages sold

SB 372

Pandering for Prostitution; redefine persons as gender neutral

SB 53

Pandering; soliciting persons under 17; solicitation of sodomy

HB 1221

Pandering; use of motion pictures, photographs, video recordings

SB 54

SHEAROUSE, HEATHER; National 4-H Championship; commend

SR 310

SHEPHERD, HUBERT FLOYD; Minister; commend

SR 482

SHERIFFS (Also See Courts)

Compensation; supplements by counties; prohibitions ......................... SB 55

County Jails; transfer of inmates to Department of Corrections

SB 583

Duties; dangerous dog control ............................................. HB 1273

Duties; enforcement; family violence protective orders

HB 1406

Refer to numerical index for page numbers

2600

JOURNAL OF THE SENATE

SHERIFFS (Continued)

Employees; authority to make certain personnel decisions ..................... SB 56

Fees for Services; dispossessory process; bad check citations

HB 1530

Grand Jury Investigations; list persons who hinder or obstruct

HB 1531

Impounded Animals; fees; livestock running at large

HB 1806

Judicial Sales; property under execution; time of conducting

SB 158

Minimum Annual Salaries; cost-of-living adjustments

SB 463

Mutual Aid Act; emergency aid to another political subdivision

HB 1285

Property Foreclosure; writ of possession; summons; answer

SB 610

Retirees; honorary office of sheriff emeritus; creation

HB 1797

Retirement Fund; benefits; active membership; options

HB 718

Retirement Fund; eligibility; court fines, forfeited bonds

HB 719

Weapons; seized in criminal cases; disposition procedures

SB 614

SHRINERS; motor vehicle license plates; special issuance

SB 37

SHUMAKE, SENATOR HILDRED; committee assignment changes ......... Page 21

SIBRAA, HONORABLE KERRY; Australian Senate President; introduction Page 74

SIRMANS, JILL; National 4-H Championship; commend ...................... SR 312

SLOSHEYE TRAIL BIG PIG JIG; state BBQ cooking contest

SR 459

SMALL BUSINESSES Entrepreneurial Assistance for the Low-Income; committee to study
Petroleum Marketing Study Committee; create SCORE, Service Corps of Retired Executives; commend Seed-Capital Fund; loans for innovative work; amend Constitution Small Minority Business Development Corporations; creation Small Minority Business Development Corporations; creation

SR 471
SR 408 SR 414 HR 552 SB 569 HB 1310

SMITH, JIMMIE L.; Pastor of Beulah Baptist Church; commend ............... SR 451

SMITH, MARION E.; Stephens County High School Principal; commend

SR 419

SMOKE DETECTORS; buildings with sleeping accommodations; requirements HB 311

SMOKING (See Tobacco Products)

SNELLVILLE, CITY OF; corporate limits; change ......................... HB 1816

SOCIAL SECURITY Benefits; income tax computation; deduction ............................... HB 1415 Numbers Used for Identification; false information; penalty................... SB 585

SOCIAL SERVICES (Also See Human Resources or Domestic Relations)

Adoptions; hard-to-place child; increase aid to families

SB 19

Adoptions; special needs child; payments to agencies

HB 1363

Adoptions; special needs child; payments to child-placing agency

SB 422

AFDC Payments; assignment of assistance for education trust program

SB 232

Aging Population; joint committee to study anticipated needs ................. SR 360

AIDS and HIV Infections; institutional care facilities

HB 1281

Child Support; enforcement; DHR collect interest on judgments

SB 271

Child Support; enforcement proceedings; immunity, court witnesses

SB 270

Child Support; enforcement; reimbursement for attorney's fees ................ SB 272

Child-Counselors, Service Organizations; child abuse reports

HB 1355

Child-placing Agencies; revise adoption procedures; licensure.................. SB 498

Children and Youth Commission; create; coordinate services ................. HB 1371

Children's Services; urge development of funding inventory

SR 449

Day Care Centers; employee records check; crimes against minors ............ HB 1216

Refer to numerical index for page numbers

INDEX

2601

SOCIAL SERVICES (Continued)

Day Care; child care facilities; space requirements ........................... SB 526

Day Care Homes, Centers; space requirements; exceptions ................... HB 1306

Department; create by dividing Human Resources Department................. SB 12

Disabled Adults; personal attendant care program; DHR establish ........... .HB 1217

Education Trust Program; AFDC recipients; GIERA ......................... SB 530

Education; children in custody of Human Resources Department............. HB 1404

Educational Reinvestment Act; AFDC children; GERA trust program .......... SB 232

Family and Children Services; county boards; membership; nominees

HB 1189

Family Violence Shelters and Programs; licensing .......................... .HB 1450

Foster Parents and Children; liability insurance coverage ................... .HB 1546

Home Energy Assistance; prevent recipients from retaining certain funds

SB 154

Homeless; State Housing Trust Fund for the Homeless Act; enact............ HB 1339

Homeless; State Housing Trust Fund; constitutional amendment .............. HR 587

Insurance and Educational Reinvestment Act; AFDC children; GIERA......... SB 530

Medicaid; committee to study reimbursement schedules ...................... SR 375

Medicaid; hospitals; uncompensated charity care requirements

... SB 398

Medicaid; nursing homes, Medical Care Foundation Study Committee .......... SR 75

Medicaid recipients; appeals; administrative decisions; hearings .............. HB 1239

Medicaid; supplemental appropriations; FY 1987 benefit claims ............. .HB 1183

Minors; born out of wedlock; replace certain words in Code.................. HB 1612

Public Assistance; parent's liability for substandard child support

....... SB 269

Small Group Residential Facilities; public hearings on location ................ SB 114

Transportation; elderly, handicapped persons; state-owned vehicles ........... HB 1519

SOCIAL WORKERS; licensure; examination requirements .................... HB 600

SOIL AND WATER CONSERVATION Committee; change name to "Commission" ................................. HB 1402 Executive Director; compensation .......................................... SB 553

SOLID WASTE (See Waste Management or Hazardous Material)

SOUTH CAROLINA

Fishing License Reciprocity; honorary license for blind persons

HB 1244

Hunting, Fishing Licenses; nonresident fees; reciprocity ..................... HB 1597

SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE

MANAGEMENT Compact; withdrawal

............ SB 518

SOUTHERN LEGISLATIVE CONFERENCE; regional youth services; urge

SR 470

SOUTHWEST GEORGIA ACADEMY FOOTBALL TEAM; commend

SR 287

SOVEREIGN IMMUNITY

County Education Boards; liability insurance; self-insurance .................. SB 627

Interlocal Risk Management Agencies; local boards of education

SB 438

State Agencies; damages for hazardous chemicals in workplace ................ HB 503

State Government; immunity from suits; amend Constitution ................. SR 267

SPALDING COUNTY

Griffin-Spalding County Anti-Drug Commission; create

HB 1916

Griffln-Spalding County Development Authority; powers, members ........... HB 1913

Water and Sewerage Facilities Authority; additional member; term ........... HB 1892

SPARKS, FRANK AND DOROTHY; congratulate............................. SR 455

SPEECH PATHOLOGY AND AUDIOLOGY; state board; extend to 1993; physicians; hearing tests ............................................. HB 432

Refer to numerical index for page numbers

2602

JOURNAL OF THE SENATE

SPEED LIMITS

Maximum 65 MPH; speed zones certain vehicles............................. HB 652

School Buses ............................................................ HB 1443

Speed Detection Devices; technicians; testing; qualification

HB 1469

SPRINGFIELD, CITY OF; corporate limits; extend, referendum

HB 1749

ST. JOSEPH'S HOSPITAL; commend heart transplant team ................... SR 405

STADIUM (See Domed Stadium or Athletics)

STAGGERED TAG SALES (Also See Motor Vehicles and Traffic)

License Plates; Bartow County ............................................ HB 1742

License Plates; Clayton County ........................................... HB 1409

License Plates; Cobb County.............................................. HB 1912

License Plates; Habersham County

HB 1739

License Plates; Houston County ........................................... HB 1712

License Plates; Macon County ............................................. SB 445

License Plates; Marion County ............................................ HB 1809

License Plates; Richmond County

HB 1477

License Plates; Rockdale County

HB 1807

License Plates; Sumter County ............................................ HB 1205

License Plates; Walton County ............................................ HB 1830

Registration Periods; license plates; limitations; exceptions

SB 164

STALLINGS, JACK; Georgia Southern Baseball Coach; commend

SR 357

STANESCU, PAM; Houston County Teacher of Year; commend

SR 269

STATE AGENCIES

Athlete Agents Regulatory Commission; creation ............................. SB 423

Boards, Commissions, Authorities; membership; attorney general

SB 419

Boards, Commissions; members; daily expense allowance

HB 661

Boards; remove Attorney General; amend Constitution ....................... SR 247

Community Affairs Department; continuation; duties, powers

SB 475

Consumer Advisory Board; administrator; Consumers' Utility Counsel

HB 1605

Contracts; vendor purchases; prompt payment method; interest

SB 618

Decisions in Contested Cases; documents; findings of fact..................... HB 841

Department Heads; salaries; compensation commission; reports

SB 553

Employee Hazardous Chemical Protection and Right to Know Act

HB 503

Hazardous Waste Management Authority; assignment; powers ................ SB 597

Health Related Professions; regulatory; merge single agency. .................. SR 332

Immunity from Lawsuits; circumstances; procedures; insurance ................ SR 267

Lease of Property Not Needed for Public Roads ............................ HB 1678

Nonprofit Contractors Engaged in Business With State; audits

HB 1413

Office of Planning and Budget; Arts Development Fund; powers

SB 400

Open Records; public inspection; redefine; copies; costs ....................... SB 435

Open Records; public inspection; redefine; exceptions

SB 435

Private Enterprise; competitive impact, joint study committee

SR 79

Property Sales; certain named authorities prohibited selling.................. HB 1365

Public Officials; General Assembly members; right to practice law

HB 369

Records; retention schedules; State Records Committee; membership

SB 419

Residential Finance Authority; designate as Office of Housing; powers, duties SB 479

Rules; changes in procedures; time frame for adoption

SB 399

Rules; General Assembly override powers; effective date of changes

SB 210

Rural Development, Office of; coordinate research, assistance

HB 1260

Sale of Real Property; prohibitions; General Assembly approval

SB 480

Smoking in Government Buildings; designated areas; urge create ....

SR 435

Refer to numerical index for page numbers

INDEX

2603

STATE AGENCIES (Continued) Smoking in Public Places; designated areas; prohibitions ..................... SB 481 Space Management, Advisory Board on; membership ......................... SB 419 State Properties Commission; acquisition services ........................... HB 1626 World Congress Center; property acquisition; sports complex; conditions ...... HR 746

STATE BAR OF GEORGIA

Attorneys; violations; urge adopt Administrative Procedure Act ............... SR 355

Board of Governors; establish; amend Constitution ........................... SR 280

Court of Appeals; preappeal settlement conferences; review rules .............. HB 615

Membership; delete qualification requirement to practice law ................. SR 275

Regulations; Supreme, Appeals Court Reports; rules volume

HB 1731

STATE CAPITOL

Committee to Supervise Buildings and Grounds; membership

SB 419

Legislative Office Building; portrait of Peggy M. Childs ..................... .HR 699

Offices and Facilities; committee to study long-range planning ................ SR 353

STATE COMMISSION ON COMPENSATION Members; compensation .................................................. HB 1414 State Officers; salaries .................................................... SB 553

STATE COURTS

Abolish by Local Law; merge Superior Courts; solicitors status ........ SB 354

Adult Probation Systems; state-wide system membership; funds .............. HB 1476

Appeals From Decisions; reviewing magistrate court decisions

HB 1235

Bailiffs and Jurors; compensation .......................................... SB 516

Contempt Powers; failure to comply housing authority subpoenas ............ HB 1249

Council of State Court Judges of Georgia; creation ........................... SB 432

Counties of 550,000; fees; fund enhanced services ............................ SB 253

Superior Court Sessions; use of courtroom facilities; conditions ............... HB 1325

STATE DEFENSE FORCE (Also See Military Affairs or National Guard) Commend ................................................................ SR 504 License Plates; special; issuance ............................................ SB 311

STATE EMPLOYEES (Also See Public Officers and Employees

or Merit System)

Attorneys; constitutional duties; rules governing conduct...................... SR 273

Central State Hospital; former teachers; salary adjustments

SB 595

Coroner, Medical Examiner; postmortem exams; chemical tests .......... HB 1318

Corrections Commissioner; contracts; annual reports

SB 472

Corrections Department; extend workers' compensation coverage

SB 473

Deferred Compensation Plans; definition; state authorities ................... HB 1638

GBI, Forensic Sciences Division; medical examiners; definition ............... HB 1362

Hazardous Chemical Protection and Right to Know Act of 1988

HB 503

Health Insurance; employer contributions; discharged employees ............. HB 1623

Health Insurance Plan; include certain firemen, peace officers ............... HB 1212

Health Insurance Plan; include health boards, counties of 550,000 ............. SB 532

Health Insurance Plan; void checks or drafts; discharge of debt

HB 1493

Indemnification; emergency medical technicians, paramedics .................. SB 573

Injured on Duty; salary provisions, coordinate workers' compensation ........... SB 28

Merit System; classified service; on-call time compensation ................... SB 127

Merit System; dismissal action appeals; compensation procedures

SB 403

Merit System; overtime pay in lieu of compensatory time...................... SB 21

Merit System; polygraph examinations; adverse personnel actions ............. SB 410

Merit System; state hospitals; night shift duty supplement pay..... SB 406

Merit System; use of accumulated sick leave ................................ SB 124

Refer to numerical index for page numbers

2604

JOURNAL OF THE SENATE

STATE EMPLOYEES (Continued)

Military Duty; compensation for ordered military duty ....................... SB 182

Political Activities; participation authorized; conditions denned

SB 3

Probation; county systems; Department of Corrections employees ............ HB 1476

Retirement System; benefits; cost-of-living increase

HB 358

Retirement System; creditable service for "other public service"

SB 304

Retirement System; membership; Agricultural Exposition Authority ........... HB 305

Retirement System; membership; Agrirama Development Authority............ HB 896

Retirement System; membership; certain education personnel

HB 1071

Retirement System; membership; district attorney investigators

HB 24

Retirement System; membership; Environmental Facilities Authority

HB 1046

Retirement System; membership; Soil and Water Conservation Commission HB 1402

Retirement System; options revocation; divorce; spouse's death

SB 129

Retirement System; redefine prior service; military service credit ............... SB 38

Salaries; department heads ................................................ SB 553

State Commission on Compensation; members; change salaries

HB 1414

State Officials; compensation; change certain officials

HB 1342

World Congress Center; deferred compensation plan

HB 1035

Youth Development Centers; security personnel; retirement................... SB 178

STATE FINANCING AND INVESTMENT COMMISSION Attorney General; membership; removal; amend Constitution ................. SR 247 Executive Secretary; compensation ......................................... SB 553 Membership; remove attorney general ...................................... SB 419

STATE GOVERNMENT (Also See individually named state agencies)

Advisory Board on Space Management; state agencies; membership

SB 419

Agencies, Boards, Commissions; members; daily expense allowance

HB 661

Agencies; contested cases; decisions; findings of fact

HB 841

Agencies, Officers, Employees; immunity from lawsuits; conditions ............. SR 267

Agencies; rule changes; time frame for adoption ............................. SB 399

Agencies; rules; effective date, legislative committees' objections ............... SB 210

Agencies; vendor purchases; prompt payment method; interest

SB 618

Appropriations; general; FY 1988-1989

HB 1277

Appropriations; supplemental; FY ending 6-30-88 ............................ HB 216

Appropriations; supplemental; FY 1987 chargeable Medicaid claims

HB 1183

Appropriations; supplemental; FY 1987-88 ................................. HB 1267

Appropriations; supplementary; emergencies; voting procedure ................. SR 86

Arts Development Fund; creation of; amend Constitution ...................... SR 23

Arts Development Fund; establishment of................................... SB 400

Asbestos Removal; recovery actions; extend period; limitations

SB 649

Attorney General; memberships; boards, commissions, authorities

SB 419

Attorney General; memberships; removal; amend Constitution................. SR 247

Attorneys; General Assembly members; right to practice law

HB 369

Attorneys; public officers; duties, conflict of conduct ......................... SR 273

Budget Act; change definition of "appropriation"

HB 1001

Buildings; designated smoking areas; urge create

SR 435

Children and Youth Commission; creation of ............................... HB 1371

Children's Services; urge development of funding inventory

SR 449

Code Revisions, Corrections

HB 1229

Community Affairs Department; continuation; duties, powers

SB 475

Constitution; create commission to correct numbering duplications ............. HR 16

Constitutional Amendments Summary Committee; remove attorney general SR 247

Consumers' Insurance and Utility Counsel; powers, functions

SB 467

Contracts; contingency payments to subcontractors........................... SB 281

Refer to numerical index for page numbers

INDEX

2605

STATE GOVERNMENT (Continued)

Contracts; "contracting out" policy; committee to study ...................... SR 384

Contracts for Public Works; bid bonds or other security ...................... HB 636

Cooperative Education Service Agencies; redefine ........................... HB 1618

Deferred Compensation Plans; redefine eligible employees ................... HB 1638

DOAS; services for local governments; equipment; reserve fund .............. HB 1297

Document Printing; delete certain executive branch requirements ............. SB 166

Employee Hazardous Chemical Protection and Right to Know Act ............ HB 503

Executive Branch; committees; reimburse General Assembly members ....... HB 1196

Foreign Language Institute; create; Industry and Trade administer ............ SB 291

Governmental Organization Study Committee; delivery of services ............. SR 329

Hazardous Waste Management Authority; agency assignment; powers .......... SB 597

Health Insurance Pool; establish; feasibility study............................ SR 409

Law Enforcement Officers; internal investigations; regulations ................. SB 153

Legislation; fiscal impact information required on introduction ............... HB 1802

Mapping and Land Records Modernization Advisory Board; create ............ SB 437

Metropolitan Area Planning and Development Commissions; membership . HB 1193

Mountain Protection Act; enact ............................................. SB 393

Nonprofit Contractors; cooperative education service agencies ................ HB 1618

Nonprofit Contractors Engaged Business With State; audits ................. HB 1413

Office of Fair Employment Practices; administer fair housing laws............. HB 430

Office of Housing; transfer to Residential Finance Authority .................. SB 479

Office of Rural Development; State Advisory Committee; creation ............ HB 1260

Officers Compensation Commission; creation of; determining method .......... SB 553

Officers Compensation Commission; method of determining salaries............ SR 323

Offices and Facilities; committee to study long-range planning ................ SR 353

Officials; compensation ................................................... HB 1342

Open Meetings; public agencies; extensively revise requirements............... SB 394

Open Meetings; public agencies; requirements ............................... SB 436

Open Records; public inspection; redefine; copies; costs ....................... SB 435

Printing and Documents; court reports; rules volume; forms ................. HB 1731

Private Enterprise; competitive impact, joint study committee ................. SR 79

Properties Commission; approve site for Herman E. Talmadge tribute ......... HR 372

Properties Commission; projects requiring professional services ............... HB 1395

Qualifying Fees of State Political Parties; distribution ....................... HB 1326

Regulatory Agencies; certain health related boards; continuation ............. HB 1349

Residential Finance Authority; designate as Office of Housing................. SB 479

Revenue Bills; raise or reduce, legislation originate either house ................. SR 6

Soil and Water Conservation Committee; change name to "Commission" ...... HB 1402

Sovereign Immunity; official immunity; amend Constitution................... SR 267

State Authorities; certain named; prohibited property sales .................. HB 1365

State Authorities; leases; approval; fiscal affairs subcommittees ............... HB 1535

State Authorities; real property sales; prohibitions; approval .................. SB 480

State Commission on Compensation; members; change salaries ............... HB 1414

State Financing and Investment Commission; remove attorney general ......... SR 247

State-owned Motor Vehicles; liability insurance; nonprofit agencies ........... HB 1519

State Properties Commission; acquisition services ........................... HB 1626

State Symbols; tiger swallowtail, official state butterfly ....................... SB 449

Technical and Adult Education; board; department; commissioner

HB 1403

Veterans Memorial Building; authorize bust of James H. "Sloppy" Floyd ...... HR 631

Veterans Memorial Building, Floyd; Vietnam Memorial dedication ............ HR 664

War Veterans Cemetery; establish .......................................... SB 359

Witnesses; administrative proceedings; influencing; penalty................... HB 1577

Refer to numerical index for page numbers

2606

JOURNAL OF THE SENATE

STATE MAPPING AND LAND RECORDS MODERNIZATION ADVISORY BOARD; creation

SB 437

STATE PARKS SYSTEM STUDY COMMITTEE; create ................. SR 402

STATE PATROL (See Public Safety Department or Law Enforcement)

STATE PROPERTIES COMMISSION (Also See Property Conveyances)

Acquisition Services ...................................................... HB 1626

Atlanta; property lease; Whitehall-Peachtree and Central Avenue

..... HR 591

Bartow County; sell Western & Atlantic Railroad right-of-way ................ HR 577

Bartow County; W&A Railroad right-of-way; sell to Williams Bros. ........... HR 627

Chatham County; convey estate for years for jail facility...................... HR 756

Dalton; land sale; W&A Railroad Depot lot .................. HR 653

Gordon County; land sale to Clifford W. Smith ................... HR 585

Gordon County; renew land lease to Calhoun Elks Home, Inc. ............... HR 702

Herman E. Talmadge Tribute Commission; site selection approval............. HR 372

Land Exchange; U.S. Forest Service; Amicalola Falls State Park ........ HR 877

Marietta; new combined lease agreement on 3 state-owned tracts.............. HR 799

Projects Requiring Professional Services; acquisition ........................ HB 1395

Richmond County; convey estate for years; Georgia Regional Hospital ........ HR 811

State Authorities; land leases; approval; legislative committees ............. .HB 1535

Stephens County; lease agreement; former State Patrol barracks ............. .HR 579

Tattnall County; public land exchange with board of education ............... HR 581

Technical and Adult Education Department; property acquisition ............ HB 1403

STAVRON, SCOTT; Eagle Scout; commend .............. SR 489

STEED, MUNSON; legislative intern; commend ............... SR 425

STEPHENS COUNTY; property lease agreement; former State Patrol barracks ................................................................. HR 579

STEPHENS, KIM; Newnan; commend

............. SR 372

STEWART COUNTY; Water and Sewerage Authority Act; create ............ HB 1920

STONE MOUNTAIN JUDICIAL CIRCUIT; superior court; additional judge, court reporter ..................................................... HB 1670

STONE MOUNTAIN MEMORIAL ASSOCIATION

Alcoholic Beverage Sales; approved locations, functions ...................... HB 1347

General Manager; compensation ............................................ SB 553

Real Property Sales; prohibited; exceptions................................. HB 1365

Sale of Real Property; prohibitions; General Assembly approval

..... SB 480

STOP DRUGS AT THE SOURCE TREATY CAMPAIGN; Newnan High students, introduction .............................................. Page 575

STRICKLAND, LORRAINE; compensate

................. HR 793

STUDY COMMITTEES (See Committees, Study)

SUGAR HILL, CITY OF; corporate limits; boundary maps .................. HB 1767

SUMTER COUNTY Motor Vehicle Registration; staggered tag sales; referendum.................. HB 1205 Public School System; merger; City of Americus; referendum ................ HB 1474

SUNSET LAWS Accountancy, State Board of; extend to 1994 .............................. .HB 1454 Architects, State Board; continue to 1994 .................................. HB 1559 Chiropractic Examiners, Board of; extend to 1994........................... HB 1349

Refer to numerical index for page numbers

INDEX

2607

SUNSET LAWS (Continued)

Consumer's Utility Counsel; repeal 1991 .................................. .HB 1605

Dentistry, Board of; extend to 1994........................................ HB 1349

Engineers and Land Surveyors Registration Board; extend to 1994 ........... HB 1503

Forestry, State Board of Registration; extend to 1994 ........................ SB 550

Georgia Real Estate Commission; extend to 1994 ........................... HB 1451

Medical Examiners, Composite State Board; extend to 1994 ................. HB 1349

Nurses, Licensed Practical, Board of Examiners; extend to 1994.............. HB 1349

Nursing, Georgia Board of; extend to 1994 ................................. HB 1349

Occupational Therapy, State Board of; extend to 1994 ...................... HB 1377

Optometry, Board of Examiners; extend to 1994 ............................ HB 1349

Pharmacy, State Board; extend to 1994 .................................... HB 1349

Podiatry, Board of Examiners; extend to 1994 .............................. HB 1349

Real Estate Commission, Georgia; extend to 1994 ........................... HB 1451

Speech Pathology and Audiology, State Board; extend to 1993 ................ HB 432

Used Car Dealers, State Board of Registration; extend to 1990

HB 1304

Veterinary Medicine, State Board of; extend to 1994 ........................ HB 1209

SUNSHINE LAW Open Meetings; state and local agencies; revise requirements.................. SB 394 Open Records; public inspection; redefine; disclosure exceptions ............... SB 435

SUPERIOR COURTS (Also See Courts or Judicial Circuits)

Abolition of State Courts by Local Law; mergers; solicitors ................... SB 354

Alcovy Judicial Circuit; court reporters; salary, compensation ................. SB 652

Appalachian Judicial Circuit; additional judge ............................... SB 334

Appeals from Decisions of Ad Valorem Assessment Review Commission

HB 1279

Appeals from Inferior Courts; trial without jury; consent ..................... SB 492

Appeals; contested license to practice medicine, dentistry .................... HB 1456

Appeals; decisions of State Board of Workers' Compensation ................ HB 1438

Appeals; final orders of Human Resources Department; jury trials ............. SB 321

Appeals of Suspension; emergency medical technicians, paramedics ............ SB 573

Arbitration Applications; venue; revise authority .............................. SB 73

Arbitration; claims for damages; medical malpractice; procedures .............. SB 374

Bail; jurisdiction; drug trafficking; child molestation; appeals .................. HB 776

Bailiffs; compensation; jurors, expense allowance ............................. SB 516

Capital Felony Prosecutions; costs to counties; reimbursement ............... HB 1529

Cherokee Judicial Circuit; assistant district attorney; duties, salary, staff ....... SB 686

Cherokee Judicial Circuit; district attorney; salary supplement ................ SB 685

Circuit Grand and Trial Juries; death penalty; drug cases .................... SB 149

Clayton Judicial Circuit; court reporters; compensation ...................... HB 1862

Clerks; access to corporate records; state-wide computer network ............. HB 1444

Clerks; authority to make certain personnel decisions ......................... SB 56

Clerks; closing office for lunch period; inclement weather

HB 1298

Clerks; compensation supplements by counties; prohibitions.................... SB 55

Clerks; deputy clerks; salary; Cobb County .................................. SB 657

Clerks; fees; family violence petitions; money judgments ..................... HB 1635

Clerks; mechanic's and materialmen's liens on real estate; release. ............ HB 713

Clerks; minimum annual salaries; cost-of-living adjustments

SB 463

Clerks' Retirement Fund; board of commissioners............................ SB 419

Clerks' Retirement Fund; increase benefits; disability provisions

SB 7

Cobb Judicial Circuit; district attorneys; investigators; supplement

HB 1633

Cobb Judicial Circuit; judges, chief judge; salary supplement

SB 616

Contempt Powers; failure to comply housing authority subpoenas ............ HB 1249

Costs; auditors and special masters; fees; assessment ........................ HB 1545

Refer to numerical index for page numbers

2608

JOURNAL OF THE SENATE

SUPERIOR COURTS (Continued)

Coweta Judicial Circuit; Carroll County terms, change....................... HB 1427

Discriminatory Housing Practices; civil actions; damages...................... HB 430

Griffin Judicial Circuit; additional judge; jury impanelment ................... SB 258

Gwinnett Judicial Circuit; additional judge ................................... SB 32

Habeas Corpus Clerk for Certain Judicial Circuits; number of writs ........... SB 388

Industrial Areas; certificate filing to remove certain property

HR 792

Judges and Senior Judges; expenses; reimbursement; audit reports ............ SB 355

Judges; compensation .................................................... HB 1342

Judges; retirement; creditable service; senior judges

HB 842

Judges; retirement; senior judges; creditable service; spouses

SB 322

Judges Retirement System; board of trustees ................................ SB 419

Judges Retirement System; trustees; additional member

SB 501

Judges; senior; preappeal settlement conference judges

HB 615

Jury Clerks and Other Personnel; appointment; applicable counties

SB 602

Juvenile Capital Crimes; original jurisdiction; procedures

SB 148

Landfills; deed records; construction permits recordings

SB 175

Liens; filing; bondholder defenses against foreclosure

SB 591

Liens; filing; prior notices; mechanic's or materialmen's....................... SB 598

Mentally Incompetent to Be Executed; challenge applications ................. HB 878

Ocmulgee Judicial Circuit; district attorney salary supplement ................ SB 624

Officials; create new retirement system ...................................... HB 703

Open Meetings of Public Agencies; jurisdiction; enforce compliance ............ SB 394

Piedmont Judicial Circuit; terms; Jackson County

...

HB 1639

Public Records; inspection; jurisdiction; attorney's fees ....................... SB 435

Sessions; use of state court facility outside county site ...................... HB 1325

Sex Criminal Convictions; furnishing record to GBI; repeal .................. HB 1429

Stone Mountain Judicial Circuit; additional judge, court reporter

HB 1670

Subpoenas; notices to produce evidence; contempt powers ................... HB 1292

Tifton Judicial Circuit; judges; salary; supplement

HB 1459

Waycross Judicial Circuit; change terms of court............................ HB 1540

Weapons; seized in criminal cases; disposition orders

SB 614

SUPPLEMENTAL RULES CALENDAR

Page 2207

SUPREME COURT

Attorneys; violations; urge adopt Administrative Procedure Act ............... SR 355

Capital Felony Cases; appeals, pretrial review; terms; preclusions

SB 100

Investigative Grand Juries Empanelment; special trial districts

SR 22

Justices; compensation ................................................... HB 1342

Law, Practice of; regulate; establish admission procedures .................... SR 275

Officials; create new retirement system ...................................... HB 703

Reports; advance report of decisions; rules volume; forms

HB 1731

Reports; publisher contracts; review panel; membership ...................... SB 419

SURETY BONDS Guardians; time period; expiration; liability Public Works Contracts; bid bonds; actions

HB 669 HB 636

SURROGATE PARENTING AND AGREEMENTS; regulate

SB 493

TALBOT COUNTY

Board of commissioners; compensation ..................................... HB 1104

Reapportionment; Senate District 15; composition

SB 582

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INDEX

2609

TALMADGE, HERMAN EUGENE, TRIBUTE COMMISSION; creation of ............................................................... HR 372

TALMO, TOWN OF; reincorporate; boundaries and powers .................. HB 1880

TATE, SENATOR HORACE; excused........................ Pages 66, 793, 846, 949

TATTNALL COUNTY; education board; land exchange, State Properties Commission .............................................................. HR 581

TATTOOING; change age of person unlawful to tattoo........................ SB 557

TAXATION (See Revenue and Taxation)

TAX COLLECTORS, COMMISSIONERS

Billiard Rooms; licenses; delete references .................................. HB 1496

Compensation; minimum salaries; cost-of-living adjustments .................. SB 463

Compensation; supplements by counties; prohibitions .... SB 55

Employees; authority to make certain personnel decisions

SB 56

Intangible Recording Tax; security instruments; maximum limits

HB 908

Municipal Ad Valorem Taxes; collection by county tax officials

HB 1200

Performance Bonds; private persons processing vehicle registration

HB 1382

Property Tax Digests; equalization; review; appeals; duties

HB 1279

Tax Executions; notices; void; prohibited transfer actions; charges

HB 1280

Vacancies in Office; procedure for filling; personnel .......................... SB 409

Vacancies; requirements, procedures; chief deputy appointment

SB 485

TAX EQUALIZATION BOARDS

Members; additional alternates; selection from jury lists ..................... HB 1465

Members, Alternates; selection; qualifications ............................... HB 1278

Membership; selection by grand juries; qualifications

SB 628

TAXICABS, LIMOUSINES; registration exceptions; municipal regulation; limits .................................................................... HB 743

TAXIDERMISTS; alligators, alligator products; licensure; prohibitions

SB 594

TAYLOR, SENATOR MARK; District 12, oath of office, committee assignments ............................................... Pages 13, 14, 17, 18, 19

TEACHER OF THE YEAR, 1988; Jean Carolyn Williams; commend ............ SR 342

TEACHERS

Aides, Paraprofessionals; retirement system; agency name change

.HB 1321

Central State Hospital Employees; salary adjustments ........................ SB 595

Certification; application fees ............................................. HB 1714

College Education Faculties; urge participate public schools

SR 363

Counselors; elementary, middle schools; review QBE funding

SR 469

Educators; ethics code; urge Professional Practices Commission create

SR 298

Employment Contract Procedures; parapros, aides, secretaries................. SB 662

Fulton County; membership in Teachers Retirement System .................. HB 704

Grievance Procedures Act; certificated personnel............................. SB 638

Health Insurance Fund; checks and drafts; time period

HB 1491

Health Insurance Fund; employer contributions; share

HB 1622

Health Insurance Plan; retired; urge reopen participation option

SR 404

Maximum Class Sizes; calculation; substitute teachers ....................... HB 1404

Minimum Salary Schedules; career ladder programs .......................... SB 664

Performance Evaluation File; confidentiality; salaries

HB 1404

Personnel Policies; grievances; urge uniform procedures

SR 377

Pregnancy Leave; retirement; creditable service payments..................... HB 278

Principals of Public Schools; classroom teaching requirements................. SB 477

Professional Development, Staff Development Programs; stipends ............ HB 1539

QBE Formula; program adjustment for training, experience

SB 439

Refer to numerical index for page numbers

2610

JOURNAL OF THE SENATE

TEACHERS (Continued) Staff Development Plans; stipends; local system requirements ................. SB 663 Tests Administered to Students; prohibited conduct ......................... SB 613 University System Education Faculty; public school teaching ................. SB 567 Unused Sick Leave; accumulation and payments; QBE funding ............. ,HB 1240 Vocational; establish Technical and Adult Education Department ............ HB 1403

TEACHERS RETIREMENT

Accumulated Unused Sick Leave; payment provisions ....................... HB 1240

Attendance Officers; membership ........................................... SB 228

Beneficiaries; spouses; notice of change in designation ........................ HB 376

Beneficiary; death of; designation options; married members .................. SB 364

Creditable Service; allowance on service retirement .......................... SB 167

Creditable Service; reestablishment; withdrawn contributions. ................ .HB 382

Early Retirement Application; 30-year service ............................... SB 249

Education Board, Department Personnel; membership options ............... HB 1071

Female Members; pregnancy leave; creditable service payments ............... HB 278

Membership; county school systems of 550,000 or more....................... HB 704

Military Service Credit; requirements; limitations ............................ SB 383

Peace Corps; teaching service credit ........................................ SB 246

Postretirement Benefit Adjustment; payments, federal tax laws................ HB 357

Regional Education Service Agencies; replace name reference ................ HB 1321

School Security Personnel; membership ..................................... SB 370

Sick Leave; creditable service accumulation provisions

...

SB 161

System; secretary-treasurer; compensation ................................... SB 553

Technical and Adult Education Department; agency name change ............ HB 1779

TELECOMMUNICATIONS

Cellular Radio Services; emergency "911" calls; fees prohibited ................ SB 484

Companies; deregulate or detariff; Public Service Commission ................ HB 1234

Emergency Telephone Number "911" Service; maintenance fees

HB 218

Public Service Commission; fee assessment for operating costs ................ HB 443

Telephone Solicitors; magazine, book subscriptions; prohibitions............... SB 575

Telephones; automatic dial, recorded messages; regulate, permits ............... SB 17

Telephones; numbers with 976 prefixes; deceptive advertisement ............ HB 1497

Telephones; soliciting calls to 976 number; penalties ........

HB 1284

Telephones; 976 exchange; regulate; customer preference ballot................ SB 454

TELEVISION

Cable TV Service; multi-unit dwellings; subscriber complaints.................. SB 16

Libel Actions; defamatory statements; evidence; retractions; damages

SB 343

TELFAIR COUNTY; Correctional Institution; City of Helena water service; easement................................................................. HR 707

TENNESSEE

Fishing License Reciprocity; honorary license for blind persons

....... HB 1244

Hunting, Fishing Licenses; nonresident fees; reciprocity ..................... HB 1597

TENNESSEE VALLEY AUTHORITY; apportion power sale proceeds in lieu of taxes; method ..................................................... SB 668

THEATERS AND MOTION PICTURES

Pandering; unlawful simulate performance of sexual intercourse ................ SB 54

Theaters; motion picture bidding procedures; repeal Act

SB 634

THOMASTON, CITY OF; Upson-Thomaston Airport Authority Act; create HB 1803

Refer to numerical index for page numbers

INDEX

2611

THUNDERBOLT; designate Benjamin M. Garfunkel Bridge over Wilmington River ......................................................... HR 800

TIFT COUNTY Superior Court; judges; salary; supplement ................................. HB 1459 Tifton-Tift County Airport authority; new name ............................ HB 1867

TIFTON JUDICIAL CIRCUIT; superior court judges; salary supplement HB 1459

TIFTON-TIFT COUNTY AIRPORT AUTHORITY; new name

HB 1867

TIMMONS, SENATOR JIMMY HODGE; excused

Page 1109

TOBACCO PRODUCTS Exports to South Korea; urge fair market climate petition .................... SR 423 Georgia Exports; urge U.S. Smoking and Health Committee not limit ......... SR 366 Japan Tobacco, Inc.; urge purchase chemical-free Georgia tobacco ............. SR 490 Japan Tobacco, Inc.; urge purchase Georgia tobacco.......................... HR 979 Prohibit sales to, purchases by minors ...................................... SB 110 Smoking, Effects of; require public school health course ....................... SB 66 Smoking in Government Buildings; urge create designated areas............... SR 435 Smoking in Motor Vehicles; prohibit where seat belts required ................ SB 572 Smoking in Public Places; prohibitions; designated areas ..................... SB 481 Treated With Certain Pesticides; detention; condemnation ................... HB 1266

TOLLESON, JIM, SENATOR, DISTRICT 32; condolences ..................... SR 271

TOORCHEN, JON; "The Courthouse Museum in Cleveland"; commend ......... SR 290

TOOTLE, RENEE; 1988 Georgia Junior Miss; commend ....................... SR 292

TORRENCE, GWEN; UGA Women's Track competitor; commend .............. SR 254

TORTS

Alcoholic Beverages; furnishing to minors; parent right of action ............ ,HB 1123

Alcoholic Beverages; person who sells, serves, furnishes, property owners;

liability .............................................................. .HB 1495

Civil Actions; willful damage or theft of personal property ................... HB 1538

Corporate Officers, Directors; liability limits; indemnification .................. SB 302

Dog Owners; liability for death or injury to llamas, alpacas ................. HB 1311

Electric Membership, Foreign Electric Cooperatives; liability .................. SB 536

Immunity from Liability and Awards for Damages; change provisions ............ SB 1

Independent Contractors; liability of employers; conditions ................... SB 207

Libel Actions; radio or television broadcasts; evidence; retractions

SB 343

Malpractice; summary judgments; affidavit of conduct; motions ............... SB 347

Manufacturers; product liability; complied federal standards

SB 307

Manufacturers; product liability; "use intended" conditions ................... SB 584

Medical, Dental and Nursing Students; liability; immunity

HB 1549

Medical Malpractice; informed consent; actions .............................. SB 367

Medical Malpractice; recovery for claims; arbitration procedures............... SB 374

Nonprofit Associations; safety, sports programs; liability ..................... HB 1335

Nonprofit Athletic Programs; liability limitations; definitions................... SB 50

Seat Belt Usage; damages; evidence......................................... HB 751

Tort Reform; immunity from liability; damage awards; amend provisions......... SB 1

Wrongful Death of Parent; child may bring action ........................... SB 259

TOWNS COUNTY Magistrate Court; probate court judge serve as chief ........................ HB 1908 Probate Court; judge; compensation ....................................... HB 1906 State Owned Property; exchange land with U.S. Forest Service................ HR 877

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2612

JOURNAL OF THE SENATE

TRAFFIC (See Motor Vehicles and Traffic)

TRANSPORTATION (Also See Highways or Public Utilities

and Transportation)

Commissioner; compensation ............................................... SB 553

Commissioner; membership, Hazardous Chemicals Advisory Council ........... HB 503

Committee to Study; port facilities, developmental highways .................. SR 443

Department; construction contracts; site conditions; examination ............ .HB 1781

Department; lease of property not needed for public roads

.... HB 1678

Department; state-owned vehicles; insurance; nonprofit agencies .............. HB 1519

Designate; Arthur T. Bacon Bridge in Cobb County.......................... SR 356

Designate; B. T. Parks Memorial Bridge, City of Eton, Murray County ........ HR 794

Designate; Benjamin M. Garfunkel Bridge; Wilmington River at Thunderbolt . .HR 800

Designate; Chieftains Trail; certain roads in northwest Georgia................ HR 708

Designate; Forest Hays, Jr. Memorial Highway in Walker County ............. SR 495

Designate; Hill Wilbanks Memorial Bridge in Murray County ................. SR 245

Designate; James G. Connell Bridge in Cook County, State Route #7.......... SR 376

Designate; Jasper T. Copelan Bridge in Greene County....................... HR 590

Designate; Kenneth McCarthy Bridge in Camden County on 1-95 ............. HR 549

Designate; Moore's Mill Bridge, Cherokee County, State Highway 108 ..... HR 551

Designate; Savannah River Scenic Highway; portion State Highway 28....... HR 747

Designate; W. L. "Pug" Mabry Highway, portion State Highway 9 in Roswell . HR 720

Designate; William A. Ridley Bridge in Murray County, Highway #52 ......... SR 430

Designate; William H. Freeman Memorial Bridge in Wilkinson County ....... HR 725

Firearms Discharged at Moving Vehicles; penalties ........................... SB 401

MARTA; contracts; landscaping, maintenance; purchases; bids ............... HB 1580

MARTA; rail vehicle hijacking; weapons; explosives; penalties ................ HB 1629

MARTA; transportation service contracts; financing; tax ..................... HB 1513

MARTA; use of revenues after Phases A, B, and C ........................ .HB 1194

MARTOC; board meetings, reports to local governing bodies.................. HB 733

Motor Carriers; enforcement; Public Service Commission safety rules ........ SB 358

Motor Carriers; interstate, intrastate commerce; registration ................. HB 1282

Motor Carriers; subject municipal regulation; registration ..................... HB 743

Presidential Parkway; urge use funds rural developmental highways ........... SR 394

Property Acquisition; future public road purposes; define ..................... HB 170

Property Acquisition; future road improvement; authority to acquire .......... SB 118

Public Roads; vehicle left turn only lanes; restrictions ........................ SB 587

Public Roads; vehicle turning lanes; barrier placement; prohibited

...... SB 633

Public Service Commission; office of executive director ....................... SB 609

Rail Vehicles; hijacking; weapons; explosives; penalties ...................... HB 1629

Relocation Assistance; uniform policy; federal-aid road projects .............. HB 1768

Road Construction; contingency payments to subcontractors ...

SB 281

Seat Belt Safety; urge highway signs advertisement campaign ................. SR 413

Speed Limits; maximum 65 MPH any highway; speed zones certain vehicles . . . HB 652

State Board; membership; election by roll-call vote .......................... SB 521

State Tollway Authority; powers; rights of way for tollway project, conveyance

by county or municipality; contracts ..................................... HB 1769

Truck Tractors, Semitrailers; length limitations; equipment ................... SB 520

Truck Tractors-Semitrailers; roadway designations for certain length

HB 170

Trucks; forest products; enforcement motor carrier safety rules................ HB 859

Trucks; forest pulpwood or log loads; securing .............................. HB 1665

Trucks; forest pulpwood or log loads; specify manner of securing .............. SB 650

Trucks; weight, dimension limits; loads, special permits, securing ............. HB 1548

Trucks; width dimension limits; tandem axle ................................ SB 592

Refer to numerical index for page numbers

INDEX

2613

TRANSPORTATION BOARD, STATE Election of William P. Langdale, Sr........................................ Page 91 Election of Downing Musgrove ............................................ Page 92
TROUP COUNTY; board of commissioners; meetings; quorum ................ SB 672
TRUCKS Forest Products; comply motor carrier vehicle safety rules .................... HB 859 Forest Pulpwood or Log Loads; specify manner of securing ................... SB 650 Forest Pulpwood or Logs; securing loads while transporting .................. HB 1665 Motor Carriers; registration permits; stamps; fees ........................... HB 1282 Motor Carriers; safety rules; Transportation Department enforcement ......... SB 358 Tractor-Semitrailers; length limitations; equipment; "kingpin" ................ SB 520 Tractor-Semitrailers; length limitations; roadway designations ................. HB 170 Tractor-Semitrailers; weight, dimension limits; tandem axle; designated roads HB 1548 Transporting Certain Commodities; loads, special permits, securing ........... HB 1548 Width Dimension Limits; tandem axle; agree federal definition ................ SB 592
TRUED, REBECCA; Miss American Pre-Teen; commend ...... SR 346
TURNER COUNTY Board of Education; monthly meetings..................................... HB 1766 Superior Court; judges; salary; supplement ................................. HB 1459
TWIGGS COUNTY; Hamrick, William Earl, Sheriff; commend ...... SR 486

u

UNDERGROUND ATLANTA Alcoholic Beverages; Sunday sales; special entertainment districts ........... .HB 1848 Alcoholic Beverages; Sunday sales; special entertainment districts ............. SB 673

UNDERGROUND GAS STORAGE TANK ACT; enact

HB 1851

UNDERWOOD, ROGER L.; compensate

HR 547

UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)

UNFAIR BUSINESS PRACTICES (See Fair Business Practices)

UNIFORM COMMERCIAL CODE; Code revisions, corrections ............. HB 1229

UNITED STUDENT AID FUNDS, INC.; loans; investment by insurers HB 1247

UNITED WAY COASTAL EMPIRE 50TH ANNIVERSARY; commend

SR 494

UNIVERSITY OF GEORGIA Academic All-Southeastern Conference Athletes; commend.................... SR 257 Athletic Achievements; commend ........................................... SR 249

Baseball Team; commend.................................................. SR 256 Institute of Community and Area Development; study APDC programs ........ SR 263 Knapp, Dr. Charles B., President; commend................................. SR 266 McClain, Katrina, National Basketball Player of Year; commend .............. SR 250 Men's Tennis Team; commend ............................................. SR 252

Torrence, Gwen, UGA Women's Track competitor; commend ................. SR 254 Wener, Lucy, NCAA gymnastics championship; commend .................... SR 251 Women's Gymnastics Team; commend ...................................... SR 255 Women's Tennis Team; commend .......................................... SR 258 Women's Volleyball Team; commend ....................................... SR 253

UNIVERSITY SYSTEM (Also See Colleges or Education or Regents Board) Academic Recognition Day, Outstanding Scholars; commend .................. SR 345

Chancellor; compensation .................................................. SB 553 Collegiate Athletic Events; Public Safety Officer's duties ..... SB 417 Education Faculty; public school teaching requirements ...................... SB 567

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2614

JOURNAL OF THE SENATE

UNIVERSITY SYSTEM (Continued)

Faculty Members; payroll deductions; contributions; dues.................... HB 1228

Faculty Members; urge public school instructional participation ............... SR 363

Handicapped Facilities, Spaces; standards; renovation; permits ................ SB 608

Hazing; clubs, fraternities, sororities; prohibit; penalty....................... HB 1662

Laboratory, Rehabilitation Technology, Scholars Endowment Study Committee SR 407

Purchase of Pulping and Paper Machine; funding............................ HB 216

Regents Board; Georgia Southern, Valdosta State; university status............ SR 337 Regents Board; two south Georgia colleges; recommend enhancement .......... SR 336

Small Business Development Center; contracts; minority corporations

HB 1310

Small Business Development Center; contracts; minority corporations.......... SB 569

Small Business Development; administer Seed-Capital Fund .................. HR 552

UPSON COUNTY Homestead Exemption; county taxes; disabled; referendum .................. HB 1683

Homestead Exemption; school district; disabled; referendum ................. HB 1682

Homestead Exemption; school district; elderly; referendum .................. HB 1685

Upson-Thomaston Airport Authority Act; create ............................ HB 1803

URBAN AND COUNTY AFFAIRS COMMITTEE; Senator Harold

Ragan act as Chairman.................................................. Page 943

URBAN RESIDENTIAL FINANCE AUTHORITY

For Large Municipalities; definitions; members; powers; audits

HB 1501

Joint Contracts; downtown development authorities ........................ .HB 1502 Joint Operation With Housing Authorities ................................. HB 1499

U.S. GOVERNMENT (See Federal Government or Congress)

USED CAR DEALERS, DISMANTLERS, SALVAGE Abandoned Vehicles and Parts; unidentifiable; disposition ................... HB 1471

Licensure; dealerships, leasing agencies, auction companies; registration;

records; inspection; fraud; continue state board ........................... HB 1304

Motor Vehicle Certificate of Title; inspections; title bonds .................... HB 159

Retail Consumer Transactions; deceptive practices unlawful................... SB 257

Used Cars; retail sales agreement; cancellation procedures .................... SB 447

UTILITIES (See Public Utilities and Transportation)

VALDOSTA STATE COLLEGE; university status; urge Regents Board take action ..................................... SR 337

VAN WERT, TOWN OF; Incorporation Act; repeal ........................ .HB 1526

VENERAL DISEASES (Also See AIDS or Health)

AIDS; HIV infected persons; offense of battery, aggravated battery ............ SB 416 AIDS; sexually transmissible diseases; tests; treatment; disclosure ............. HB 107

VETERANS AFFAIRS (Also See Military Affairs)

Beneficiaries of Veterans' Administration; guardian bonds .................... HB 669 Commissioner; compensation .............................................. HB 1342

Commissioner; compensation; state commission fix salary ..................... SB 553

Employees' Retirement System; military service credit; limitations.............. SB 38

Georgia Veterans State Park; General Courtney Hicks Hodges Building; plaque HR 905

Prisoners of War, Southeast Asia; urge Congress secure release

HR 632

Teachers Retirement System; military service credit; requirements............. SB 383

Veterans Day Parade; commend preparation, November 11, 1988

... SR 354

Veterans Memorial Building; authorize bust of James H. "Sloppy" Floyd .... HR 631

Veterans Memorial Building, Floyd; Vietnam Memorial dedication ........... HR 664

War Veterans Cemetery; establish; restrictions for interment.................. SB 359

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INDEX

2615

VETERINARIANS Licensure; continuing education; revocation; liability; records; faculty licenses; technicians; extend state board to 1994 .......................... HB 1209 Torts; liability immunity; certain free medical care............................. SB 1

VETOES BY GOVERNOR; 1987 and 1988 sessions............. Pages 21, 23, 24, 1379

VICKERS, HOWELL AND MRS.; congratulate ............................... SR 453

VICTIMS OF CRIME

Compensation Fund; authorize by constitutional amendment

SR 274

Compensation; provisions effective upon ratification of SR 274 ................ SB 431

Notification; inmate release; study committee................................ SR 152

VIDEO MOVIES Child Pornography; possession unlawful; definitions ........................... SB 67 Pandering; unlawful simulate performance of sexual intercourse ................ SB 54

VIDEO RECORDINGS; court depositions; recording or video taping procedure. . SB 46

VILLA RICA, CITY OF; corporate limits .................................. HB 1722

VITAL RECORDS Birth Registration; surrogate parenting agreements........................... SB 493 Death Certificates; physician's assistants sign, certain cases ................... SB 260 Hospitals; confidentiality of birth related information ........................ SB 451

VOTER REGISTRATION (Also See Elections) Absentee Ballots; persons eligible make application for elector ................ SB 407 Change of Address Notification; absentee ballot application ................... SB 402 Change of Address Procedures; remove oath requirement ..................... SB 404 Identification; certified copy of marriage license.............................. SB 405 Jury Lists; selection; placement of all registered voters names................. SB 346 Registrars; license examiners; Public Safety facilities ......................... SB 365 Registrars; school personnel; records; books close; name removal............... SB 508

w

WAGES Lost Wages; payments by adoption agencies to expectant mothers ............. SB 421 Minimum Wages; change amount; delete certain exemption ................... SB 426 Subject to Income Tax Withholding; calculation method..................... HB 1419
WALKER, HOMER J.; Warner Robins; commend ............................. SR 283

WALNUT GROVE-YOUTH WATER AUTHORITY

Recognize ................................................................ SR 431

Rename as Walton County Water and Sewerage Authority; powers

HB 1735

WALTON COUNTY

Big Haynes and Alcovy Watershed; committee to study conditions ........... HR 619

Homestead Exemption; school tax; disabled; referendum

HB 1829

Homestead Exemption; school tax; elderly; referendum

.HB 1827

Motor Vehicle Registration; staggered tag sales; referendum

HB 1830

Superior Court; court reporters; salary, additional compensation

SB 652

Walnut Grove-Youth Water Authority; recognize............................. SR 431

Water and Sewerage Authority; membership; powers; new name

HB 1735

Water and Sewerage Authority; create ...................................... HB 865

WAR VETERANS CEMETERY, GEORGIA; establish

SB 359

WARE COUNTY; superior court; change terms ............................. HB 1540

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2616

JOURNAL OF THE SENATE

WAREHOUSE ACT Licensure; multiple operations; financial records; audits....................... SB 441 Warehouse Receipts; signatures; computer printed ........................... SB 571

WASTE MANAGEMENT (Also See Hazardous Materials)

Construction Activity Prohibited, Abandoned Landfills Act of 1988

HB 435

Construction Activity Prohibited on Abandoned Landfills..................... SB 175

Environmental Health Services; fees; city-county governments

SB 527

Hazardous Waste Management Authority, Georgia; membership ............... SB 419

Hazardous Waste Management Authority; powers; liability; fees

SB 597

Landfills; property sales; notice of previous operations........................ SB 620

Professional Sanitarians; scope of practice; regulation of ...................... SB 420

Radioactive Waste Management, Southeast Interstate Compact ............... SB 518

Recycling; waste-to-energy facilities; encourage state support

SR 335

Solid Waste Collection, Disposal; private companies; contracts

SB 531

Solid Waste; designated hazardous; define; rules, regulations

HB 1563

Solid Waste Disposal; national historic sites; restrict permits .................. SB 453

Solid Waste Disposal Sites; permits; distance adjoining county

HB 862

Solid Waste Management Study Committee; create .......................... SR 438

Solid Waste or Special Waste Handling; permits; compliance

SB 667

Utility Contractors; licensure............................................... SB 469

WATERS, PORTS AND WATERCRAFT

Big Haynes and Alcovy Watershed; committee to study conditions

HR 619

Boat Safety Act; flotation devices; numbering; muffling devices

HB 1596

Boats; commercial fishing; unlawful acts; penalties

HB 912

Boats; flotation devices; occupant requirements; define boats .................. SB 605

Boats; marine toilets; water pollution regulations; prohibitions ................ HB 308

Brunswick Port Authority; convey to Georgia Ports Authority................. SB 504

Brusnwick Port Authority; property transfer to Georgia Ports Authority ....... SB 502

Fishing Below Locks, Dams; use of sport trotlines; distance

HB 1446

Ground Water; Underground Storage Tank Act

...... HB 1851

Juvenile Waterways Offenses; penalties; court jurisdiction..................... SB 147

Lake Strom Thurmond; former Clark Hill Lake; bow and arrow fishing

.HB 1139

Lake Walter F. George; designate new state park for George T. Bagby

HR 696

Marine Transportation; Captive Insurance Company Act; enact ............... SB 635

Ogeechee River; fishing; shad or creel possession limits

HB 1611

Submerged Cultural Resources; permits for investigation; divers

SB 503

Surface or Ground Water; withdrawal permits; shortages; priorities

HB 1543

Water Wells Standards Act; contractors; licenses; regulation of............... HB 1336

WAYCROSS, CITY OF; mayor; elections; terms; qualifications; powers

HB 1879

WAYCROSS JUDICIAL CIRCUIT; superior court; terms; Bacon, Brantley, Pierce, Ware Counties ........................................... HB 1540

WEAPONS (See Firearms or Courts)

WELFARE (See Social Services or Human Resources or Medical Assistance)

WELLS Water; surface withdrawal permits; farm use; shortages; priorities ............ HB 1543 Water Well Standards Act; contractors; licenses; regulation of................ HB 1336

WENER, LUCY; UGA gymnast; commend .................................... SR 251

WEST GEORGIA REGIONAL WATER AUTHORITY ACT; creation HB 1156

WESTFALL, HAZEL W.; Warner Robins; commend

SR 326

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INDEX

2617

WHITE COUNTY Board of Commissioners; recreation; referendum ............................ HB 1275 Homestead Exemption; elderly, certain income ............................. HB 1918 Homestead Exemption; school tax; elderly, certain income ................... HB 1917

WHITE, SANDY ANN; 1987 GOAL Award; commend ......................... SR 371

WHITFIELD COUNTY; property conveyance; Dalton fire station tract to County ................................................................. HB 1751

WILBANKS, HILL, MEMORIAL BRIDGE; designate in Murray County ... SR 245

WILBANKS, HILLIARD A.; Vietnam War Hero; tribute to .................... SR 420

WILCOX COUNTY; board of commissioners; elections; districts; vacancies HB 1672

WILEY, SUSAN; National 4-H Championship; commend

........ SR 305

WILKES COUNTY Coroner; annual salary .................................................... SB 643 Coroner; change salary ................................................... HB 1697 Tax Commissioner; change compensation................................... HB 1824

WILKINSON COUNTY; designate William H. Freeman Memorial Bridge; State Highway 57 ........................................................ HR 725

WILLIAMS BROS. DIVISION; Blue Circle, Inc.; convey state property; Bartow County ........................................................... HR 627

WILLIAMS, JEAN CAROLYN; 1988 Teacher of Year; commend ............... SR 342

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Administrators and Executors; commissions ................................ HB 1251

Administrators, Executors; surety bonds; cases of mismanagement ............. HB 670

Anatomical Gifts; organ donor cards; witnesses ............................. HB 1528

Born Out of Wedlock; replace certain words in Code ........................ HB 1612

Code Revisions, Corrections............................................... HB 1229

Estates; decedents of nursing homes; residency determination

HB 1386

Estates; foreign wills; executor inventory requirements

HB 598

Estates; grounds for personal jurisdiction over nonresidents ................... SB 396

Estates; trustees of property; additional commission......................... HB 1163

Estates; uniform statutory rule against perpetuities .......................... SB 606

Executors and Trustees; investments; "prudent person"; liability ............. HB 1435

Fiduciaries; estimated income taxes; filing; requirements ..................... HB 1418

Gift to Minors Act; distribution of trust property ............................ SB 395

Interests in Property; renunciation of succession; procedure; minors ......... HB 1250

Trust Companies; powers; fiduciary funds; investments ..................... .HB 1162

Trusts; distribution of property; termination; consolidation ................... SB 395

Trusts; executory; persons who may create; terminate; distribution .......... HB 1151

Wills; marital deduction, procedures ........................................ SB 255

WINDER, CITY OF; Fort Yargo State Park; consent to annex certain portion HR 621

WINE (See Alcoholic Beverages)

WORKERS' COMPENSATION

Appeals of State Board Decisions; timeframe; superior court ................ HB 1438

Corporate Officers; elect exempt coverage; certification ...................... HB 1437

Corrections Department; employees in farm, livestock operations

SB 473

Death caused by intentional act of employer; penalty ........................ SB 495

Independent Contractors; exclusions; products for resale, delivery .............. SB 40

State Board; Crime Victims Compensation Board assigned to ................. SB 431

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2618

JOURNAL OF THE SENATE

WORKERS' COMPENSATION (Continued)

State Board; members and chairman; compensation

HB 1342

State Board; members; compensation; state commission fix salary

.SB 553

State Board; personnel; powers; inspections; subpoenas; insurers assessments;

partial payments; writs of fieri facias .................................... HB 1437

State Employees; injured on duty, salary, coordinate benefits .................. SB 28

Subsequent Injury Trust Fund; board of trustees; membership ................ SB 547

Subsequent Injury Trust Fund; captive insurance companies

SB 635

WORLD CONGRESS CENTER

Contracts; services; commerce, trade facility to local authorities

HB 1035

Director; compensation .................................................... SB 553

Dome Sports Complex; conditions for participation; leases .................... HR 746

Domed Stadium; powers; bonds; contracts; land; leases

HB 1691

Employees; tax deferred compensation plan

HB 1035

WORTH COUNTY

State Court; judge; change salary .......................................... HB 1710

Superior Court; judges; salary; supplement

HB 1459

WORTH COUNTY HIGH SCHOOL FOOTBALL TEAM; commend

SR 344

WSB-TV, FAMILY TO FAMILY PROJECT; commend

SR 446

WXIA-TV AND GANNETT BROADCASTING GROUP; commend ............. SR 445

YOUNG AMERICANS ACT OF 1987; relative to passage ...................... SR 463 YOUNG, MARTIN, HONORABLE; condolences .............................. SR 331

ZONING (Also See Property)

Atlanta Urban Enterprise Zone Act; enact

HB 1634

Day-care Facilities, Small Group; public hearings on location of

SB 114

Metropolitan APDCs; membership; representative mayors, members ......... HB 1193

Open Meetings; state, local agencies; revise requirements ..................... SB 394

Proposals; unfavorable recommendations; counties of 550,000

SB 596

Rezoning; disclosure; financial interest, local officials

HB 113

Urban Enterprise Zones; residential; restrictions; repeal ...

HB 1787

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