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. 1218 JOURNAL OF THE SENATE 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. 1220 JOURNAL OF THE SENATE 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- 1222 JOURNAL OF THE SENATE 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. 1224 JOURNAL OF THE SENATE 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. 1226 JOURNAL OF THE SENATE 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. WEDNESDAY, FEBRUARY 24, 1988 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. 1228 JOURNAL OF THE SENATE 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 1230 JOURNAL OF THE SENATE 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. 1232 JOURNAL OF THE SENATE 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. WEDNESDAY, FEBRUARY 24, 1988 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. 1234 JOURNAL OF THE SENATE 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. 1236 JOURNAL OF THE SENATE 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 1238 JOURNAL OF THE SENATE 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 1240 JOURNAL OF THE SENATE 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/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) 1478 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. 1480 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. 1490 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 1496 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. 1498 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. 1500 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. 1502 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- 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- 1932 JOURNAL OF THE SENATE 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;". THURSDAY, MARCH 3, 1988 1933 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 1934 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 3, 1988 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. 1936 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 3, 1988 1937 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 1938 JOURNAL OF THE SENATE 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) THURSDAY, MARCH 3, 1988 1939 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 1940 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 3, 1988 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 1942 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 3, 1988 1943 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- 1944 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 3, 1988 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 1946 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 3, 1988 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; 1948 JOURNAL OF THE SENATE (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. 1950 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 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. THURSDAY, MARCH 3, 1988 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. 1952 JOURNAL OF THE SENATE 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;" THURSDAY, MARCH 3, 1988 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. 1954 JOURNAL OF 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 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 THURSDAY, MARCH 3, 1988 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 1956 JOURNAL OF THE SENATE 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'." THURSDAY, MARCH 3, 1988 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. 1958 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: 1960 JOURNAL OF THE SENATE 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;". THURSDAY, MARCH 3, 1988 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 1962 JOURNAL OF THE SENATE 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, THURSDAY, MARCH 3, 1988 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. 1964 JOURNAL OF THE SENATE /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- THURSDAY, MARCH 3, 1988 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. 1966 JOURNAL OF THE SENATE (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- THURSDAY, MARCH 3, 1988 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 1968 JOURNAL OF THE SENATE 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. 1972 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. 1982 JOURNAL OF THE SENATE 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; THURSDAY, MARCH 3, 1988 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 JOURNAL OF THE SENATE (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; THURSDAY, MARCH 3, 1988 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 JOURNAL OF THE SENATE 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 JOURNAL OF THE SENATE (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; THURSDAY, MARCH 3, 1988 1989 (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 1990 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 3, 1988 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 1992 JOURNAL OF THE SENATE 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. 1994 JOURNAL OF THE SENATE 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 1996 JOURNAL OP THE SENATE 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- 1998 JOURNAL OF THE SENATE 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. 2000 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". FRIDAY, MARCH 4, 1988 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.", 2016 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 4, 1988 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.) 2018 JOURNAL OF THE SENATE 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. 2020 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 4, 1988 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. 2022 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 4, 1988 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 2024 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 4, 1988 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 2026 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 4, 1988 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 2028 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 4, 1988 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 2030 JOURNAL OF THE SENATE 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. 2032 JOURNAL OF THE SENATE (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 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 2068 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 2070 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 4, 1988 2071 (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 2072 JOURNAL OF THE SENATE 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 2074 JOURNAL OF THE SENATE (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 2076 JOURNAL OF THE SENATE 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. 2078 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 2080 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 2082 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 2084 JOURNAL OF THE SENATE Burton Coverdell Crumbley E 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 2288 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 2289 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- 2290 JOURNAL OF THE SENATE 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. MONDAY, MARCH 7, 1988 2291 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. 2292 JOURNAL OF THE SENATE 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. MONDAY, MARCH 7, 1988 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- 2294 JOURNAL OF THE SENATE 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?" MONDAY, MARCH 7, 1988 2295 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. 2296 JOURNAL OF THE SENATE 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. MONDAY, MARCH 7, 1988 2297 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. 2298 JOURNAL OF THE SENATE 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. MONDAY, MARCH 7, 1988 2299 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. 2300 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 MONDAY, MARCH 7, 1988 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; 2302 JOURNAL OF THE SENATE (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. 2304 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 MONDAY, MARCH 7, 1988 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. 2306 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. 2308 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 2309 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 2310 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 2311 (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. 2312 JOURNAL OF THE SENATE (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. MONDAY, MARCH 7, 1988 2313 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 2314 JOURNAL OF THE SENATE 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 2315 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. 2316 JOURNAL OF THE SENATE 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 2318 JOURNAL OF THE SENATE 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. 2320 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 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 2321 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 2322 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 2323 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 2324 JOURNAL OF THE SENATE 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- MONDAY, MARCH 7, 1988 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." 2326 JOURNAL OF THE SENATE 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. 2328 JOURNAL OF THE SENATE 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 2330 JOURNAL OF THE SENATE 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. MONDAY, MARCH 7, 1988 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- 2332 JOURNAL OF THE SENATE 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. 2336 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. 2338 JOURNAL OF THE SENATE (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 2342 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 2344 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. 2346 JOURNAL OF THE SENATE 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. MONDAY, MARCH 7, 1988 2347 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 2348 JOURNAL OF THE SENATE 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- MONDAY, MARCH 7, 1988 2349 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. 2350 JOURNAL OF THE SENATE (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 MONDAY, MARCH 7, 1988 2351 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 2352 JOURNAL OF THE SENATE 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." MONDAY, MARCH 7, 1988 2353 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. 2354 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 2355 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, 2356 JOURNAL OF THE SENATE 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. MONDAY, MARCH 7, 1988 2357 (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 2358 JOURNAL OF THE SENATE (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 MONDAY, MARCH 7, 1988 2359 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 2360 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 2361 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 2362 JOURNAL OF THE SENATE 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. MONDAY, MARCH 7, 1988 2363 (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 2364 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 2365 (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; 2366 JOURNAL OF THE SENATE (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 2367 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- 2368 JOURNAL OF THE SENATE 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 2369 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. 2370 JOURNAL OF THE SENATE 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 2372 JOURNAL OF THE SENATE 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; 2374 JOURNAL OF THE SENATE (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. MONDAY, MARCH 7, 1988 2375 (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 2376 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 MONDAY, MARCH 7, 1988 2377 (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. 2378 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 2380 JOURNAL OF THE SENATE 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 2381 (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; 2382 JOURNAL OF THE SENATE 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". 2384 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- 2386 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 MONDAY, MARCH 7, 1988 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. 2388 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. MONDAY, MARCH 7, 1988 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 2390 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 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 2392 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 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 2394 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 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' 2396 JOURNAL OF THE SENATE 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 2398 JOURNAL OF THE SENATE 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 2400 JOURNAL OF THE SENATE 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 2402 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 2403 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 2404 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 2405 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 2406 JOURNAL OF THE SENATE 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: MONDAY, MARCH 7, 1988 2407 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 2408 JOURNAL OF THE SENATE 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 MONDAY, MARCH 7, 1988 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 2410 JOURNAL OF THE SENATE 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. MONDAY, MARCH 7, 1988 2411 (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; 2412 JOURNAL OF THE SENATE (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 MONDAY, MARCH 7, 1988 2413 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. 2424 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) Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers