Journal of the Senate of the State of Georgia regular session 1989 volume two, commenced at Atlanta, Georgia, Monday, January 9, 1989 and adjourned Wednesday, March 15, 1989

Compiler's Note
The Journal of the Senate for the regular session of 1989 is bound in two separate volumes. Volume I contains January 9, 1989 through February 28, 1989. Volume II contains March 1, 1989 through March 15, 1989 and the complete index. Volume II also contains the Journal and index for the 1989 Special Session.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1989
VOLUME II
Commenced at Atlanta, Georgia, Monday, January 9, 1989 and adjourned Wednesday, March 15, 1989

OFFICERS
OF THE
STATE SENATE
1989
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. ENRIGHT. ........................... 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 BASKIN ................................. 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, MARCH 1, 1989

1363

Senate Chamber, Atlanta, Georgia Wednesday, March 1, 1989
Thirty-fourth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd 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, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 327. By Senators Newbill of the 56th, Clay of the 37th, Barnes of the 33rd and others: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change certain costs and the provisions relating to costs in such court; to provide an effective date.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 68. By Senator Kennedy of the 4th: A resolution granting a nonexclusive easement for the construction, operation, and maintenance of an electric power substation facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
SB 297. By Senator Allgood of the 22nd: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by certain offices.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 446. By Representative Wall of the 61st: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to change the provisions relating to the corporate limits of said city.

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HB 169. By Representatives Redding of the 50th, Powell of the 145th and Harris of the 84th: A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to require applicants for retail dealer licenses to publish notices of intent.
HB 519. By Representatives Dunn of the 73rd, Robinson of the 96th, Pettit of the 19th, Walker of the 115th, Lee of the 72nd and others: A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that no cause of action shall arise against the owner of real property or the agent of such owner for the failure to disclose to a purchaser or prospective purchaser of such property that the property was occupied by a person having certain diseases or was the site of a homicide or other felony or a suicide.
The House has agreed to the Senate amendment to the following bill of the House:
HB 481. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the 'Georgia Public Revenue Code,' so as to provide for service of notices of assessments and notices of proposed assessments by first-class mail to the address shown on the records of the department.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 98. By Representative Mobley of the 64th: A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Winder an easement upon and under certain real property owned by the State of Georgia and located in Barrow County, Georgia, for the construction, operation, maintenance, repair, replacement, and improvement of certain water service facilities.
The House has agreed to the Senate amendment to the House substitute to the following bill of the Senate:
SB 286. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd: A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for effective dates of such changes.
The following bill and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 397. By Senator Foster of the 50th: A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, as amended, so as to change the compensation of the sheriff; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SR 201. By Senator Albert of the 23rd: A resolution creating the Senate Study Committee on Traffic Infractions.
Referred to Committee on Public Safety.

WEDNESDAY, MARCH 1, 1989

1365

SR 202. By Senators Howard of the 42nd, Broun of the 46th, Kidd of the 25th and others:
A resolution relative to the nursing home reform provisions of the Omnibus Budget Reconciliation Act of 1987.
Referred to Committee on Human Resources.

SR 203. By Senators Starr of the 44th, Howard of the 42nd, Broun of the 46th and Dawkins of the 45th:
A resolution supporting the development of an Autism Resource Center for the State of Georgia.
Referred to Committee on Human Resources.

SR 204. By Senators Land of the 16th, Stumbaugh of the 55th, Ragan of the 32nd and others:
A resolution creating the Senate Study Committee on Automobile Insurance Costs Containment.
Referred to Committee on Rules.

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

Mr. President:

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

SR 173. Do pass.

HB 248. Do pass.

SR 184. Do pass.

HB 617. Do pass.

HB 223. Do pass.

HB 716. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

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

HB 321. Do pass.

HB 592. Do pass.

HB 449. Do pass.

HB 629. Do pass.

Respectfully submitted,

Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Education 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 166. Do pass by substitute.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Insurance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 207. Do pass. HB 566. Do pass. HB 813. Do pass.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 182. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 30. Do pass by substitute. HB 274. Do pass by substitute. HB 380. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

HB 123. Do pass.

HB 611. Do pass.

HB 124. Do pass.

HB 743. Do pass.

HB 252. Do pass by substitute.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

WEDNESDAY, MARCH 1, 1989

1367

HB 443.

Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

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

SR 172. Do pass.

HB 476. Do pass.

HR 115. Do pass.

HB 734. Do pass.

HB 8. Do pass.

HB 630. Do pass.

HB 75. Do pass.

HB 799. Do pass.

HB 102. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 176. Do pass by substitute.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 634. Do pass. HB 356. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 200. Do pass. HB 723. Do pass. HB 742. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman

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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 385. Do pass.

HB 853. Do pass.

SB 387. Do pass.

HB 861. Do pass.

SB 388. Do pass.

HB 901. Do pass.

SB 390. Do pass.

HB 905. Do pass.

HB 561. Do pass.

HB 906. Do pass.

HB 562. Do pass.

HB 907. Do pass.

HB 669. Do pass.

HB 913. Do pass.

HB 807. Do pass.

HB 914. Do pass.

HB 808. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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

SR 159. By Senator Kidd of the 25th: A resolution creating the Senate Quality of Work Life Study Committee.

SR 160. By Senator Kidd of the 25th: A resolution creating the Senate Strategic Planning Study Committee.

HR 16. By Representative Buck of the 95th: A resolution compensating Mr. Aaron E. Boutwell in the sum of $726.79.

HR 90. By Representative Aaron of the 56th: A resolution compensating Mr. Marvrick Long $342.36.

HR 218. By Representative Smith of the 78th: A resolution compensating Mr. Charles W. England in the sum of $9,775.00

HB 69. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
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 listings of controlled substances and dangerous drugs and provide for exceptions and exemptions.

HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Hooks of the 116th, Smyre of the 92nd and Lawson of the 9th:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.

HB 192. By Representatives Porter of the 119th and Groover of the 99th:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that a state court judge shall, on the date he takes office, reside within the judicial circuit containing the geographic area in which he is selected to serve.

WEDNESDAY, MARCH 1, 1989

1369

HB 195. By Representatives Jamieson of the llth, Moore of the 139th, Parham of the 105th, Twiggs of the 4th and Gresham of the 21st:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to misleading advertisements.
HB 214. By Representative McDonald of the 12th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
HB 331. By Representative Groover of the 99th:
A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of a petition with a court for the according of a program of services to a mentally retarded person, so as to change the criteria for admission to residential facilities for the mentally retarded.
HB 400. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize certain boards of registrars to correct the list of electors and issue new registration cards upon receipt of actual knowledge that an elector has moved.
HB 495. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to include personal notice in writing by a court official or officer of the court; to amend Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to arraignments and pleas generally, so as to provide that a bench warrant shall be issued for the arrest of a person charged with a crime.
HB 503. By Representative Childers of the 15th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide for continuing education requirements; to change the provisions relating to reciprocity; to provide for notification regarding complaints and disposition thereof.
HB 545. By Representative Chambless of the 133rd:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how liens are declared and created, records, commencement of actions, notices, and priorities, so as to provide for the filing of notices with the clerk of the superior court at the time certain actions in rem are filed; to provide for practices, procedures, and requirements connected therewith.
HB 556. By Representatives Oliver of the 53rd, Hamilton of the 124th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to define "dependent child"; to provide that when a court orders temporary or permanent child support for a minor child such support s ! U continue until such child reaches the

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age of 22 years or the child is no longer a dependent child or until such time as the court modifies its order.

HB 638. By Representatives Hooks of the 116th, Lawson of the 9th, Childers of the 15th and Parham of the 105th:
A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change the provisions regarding payment for services.

HB 725. By Representatives Dobbs of the 74th, Colwell of the 4th and Lane of the lllth:
A bill to amend Code Section 50-16-161 of the Official Code of Georgia Annotated, relating to the applicability to movable personal property of the central inventory of personal property maintained by the Department of Administrative Services, so as to change the provisions relating to the acquisition costs of an agency's personal property required to be included in the inventory.

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

Albert Allgood Barker Barnes
Brannon
BQJurorutonn Q Ij. Coverdell Dawkins Deal Echols Edge Engram Fincher

Foster Fuller Garner Gillis
Hammill
HuHoarwriasrdj Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

Those not answering were Senators:

Parker Peevy Perry Pollard
Ragan of 10th
RDRaaygan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Turner Tysinger

Baldwin Bowen Coleman Dean

English McKenzie Phillips

Tate Taylor Walker

Senator English of the 21st introduced the chaplain of the day, Reverend Edsel L. Handberry, a Lofton Circuit A.M.E. pastor, from Wrens, Georgia, who offered scripture
reading and prayer.

WEDNESDAY, MARCH 1, 1989

1371

The following resolutions of the Senate were read and adopted:
SR 205. By Senator Dean of the 31st: A resolution expressing regret at the passing of Reverend Joseph Hollis Tibbitts.
SR 207. By Senator Timmons of the llth: A resolution commending Joe Farris, Jr.
SR 208. By Senator Timmons of the llth: A resolution commending Clifford E. Lee.
SR 209. By Senator Timmons of the llth: A resolution expressing regret at the passing of James Weldon Toombs.
SR 210. By Senator Timmons of the llth: A resolution expressing regret at the passing of Judge Robert E. Lee Culpepper, Jr.
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, March 1, 1989
THIRTY-FOURTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 385 Kidd, 25th City of Gordon Wilkinson County To authorize the mayor or a member of the city council to serve simultaneously on the board of education of Wilkinson County.
SB 387 Phillips, 9th Peevy, 48th Gwinnett County To require the board of commissioners to prepare annually and make available for public dissemination an itemized account of all reimbursed expenses; to authorize the expenditure of county funds for certain purposes.
SB 388 Peevy, 48th Phillips, 9th Gwinnett County To create the office of public defender of Gwinnett County.
SB 390 Clay, 37th Newbill, 56th Ragan, 32nd Barnes, 33rd Cobb County To change the compensation of the judges of the second division of the State Court of Cobb County.

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HB 561 Peevy, 48th Phillips, 9th Gwinnett County
To change certain provisions relating to persons qualified to hold the office of medical examiner of Gwinnett County.
HB 562 Phillips, 9th City of Lilburn Gwinnett County
To change certain provisions relating to the election and taking of office of mayor and council members.
HB 669 Phillips, 9th City of Lilburn Gwinnett County
To change the corporate limits of the city of Lilburn.
HB 807 Ray, 19th Wilcox County
To provide for the continuing existence of the Wilcox County School District and the Wilcox County board of education; to provide for the election of the members of the board.
HB 808 Ray, 19th Wilcox County
To provide for the election of members of the board of commissioners of Wilcox County.
HB 853 Pollard, 24th Kidd, 25th Dawkins, 45th Broun, 46th Johnson, 47th Peevy, 48th Deal, 49th Hall, Oconee, Jackson, Walton, Greene, Madison, Morgan, Oglethorpe, Elbert, Clarke, Barrow, Banks Counties.
To create the Northeast Georgia Surface and Air Transportation Commission.
HB 861 Parker, 15th Land, 16th Muscogee County
To change the compensation of the solicitor of the State Court of Muscogee County; to change the provisions relating to the compensation of full-time assistant solicitors.
HB 901 Newbill, 56th Clay, 37th Ragan, 32nd Barnes, 33rd Cobb County
To amend an Act creating the Cobb County-Marietta Water Authority.

WEDNESDAY, MARCH 1, 1989

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HB 905 Harris, 27th Olmstead, 26th Barker, 18th Bibb County
To increase the amount of revenue bonds which the authority is empowered to issue; to prohibit the issuance of additional bonds by the Middle Georgia Coliseum Authority except as authorized by this Act.

HB 906 Harris, 27th Olmstead, 26th Barker, 18th Bibb County
To change the amount of supplemental salaries authorized to be paid to the district attorney of the Macon Judicial Circuit.

HB 907 Dean, 31st Paulding County
To provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Paulding County.

HB 913 Turner, 8th City of Lake Park Lowndes County
To provide for the election and terms of office of the mayor and councilmen of Lake Park.

HB 914 Echols, 6th Brantley County
To change the provisions relating to the compensation of the members of the Board of Education of Brantley County.

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 Barker Barnes Bowen Brannon Broun Burton
Clay Coleman Collins Coverdell Dawkins
Deal Dean Echols

Edge English Engram Fincher Foster Fuller Gillis Harris
Howard Huggins Johnson Kennedy Kidd
Land Langford Newbill

Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray
Shumake Starr Stumbaugh Tate Taylor
Timmons Turner Tysinger

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Those not voting were Senators:

Baldwin Garner Hammill

McKenzie Phillips Scott of 2nd

Scott of 36th Walker

On the passage of all the local bills, the yeas were 48, nays 0.

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

Senator Foster of the 50th moved that the following bill of the House be withdrawn from the Senate Committee on Education and committed to the Senate Committee on Judiciary:

HB 370. By Representatives Cummings of the 17th, Benefield of the 72nd, Robinson of the 96th, Hamilton of the 124th and others:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that certain absences for religious holidays shall not be charged against sick leave.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 370 was withdrawn from the Senate Committee on Education and committed to the Senate Committee on Judiciary.

Senator Dawkins of the 45th moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Industry and Labor:

HB 891. By Representative Thomas of the 69th:
A bill to amend Code Section 34-9-200.1 of the Official Code of Georgia Annotated, relating to rehabilitation benefits and effect of employee's refusal of treatment in workers' compensation cases, so as to provide that the employer, its insurer, or the injured employee shall assess the need for rehabilitation within a certain time period after notification of injury.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 891 was withdrawn from the Senate Committee on Judiciary 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 substitute thereto:

SB 297. By Senator Allgood of the 22nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by certain offices.

The House substitute to SB 297 was as follows:

A BILL To be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia

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Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain applications, correspondence, resumes, and other documents relating to the appointment or hiring of certain personnel in the University System of Georgia; to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by certain offices; 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 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, is amended by striking paragraph (5) of subsection (a) and inserting in its place a new paragraph (5) of subsection (a) to describe a class of records for which public disclosure is not required and to read as follows:
"(5) Records that consist of: (A) confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; (B) applications, correspondence, resumes, or other records or documents received or prepared by or for the Board of Regents of the University System of Georgia in connection with the appointment or hiring of the president of any institution subject to its jurisdiction, provided that such information, except confidential letters of reference or evaluation, with respect to the individual appointed or hired shall be subject to disclosure ten days after the hiring or appointment; and (C) records consisting of material obtained in investigations 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 paragraph shall not be interpreted to make such investigatory records priviledged;".
Section 2. Said Code section is further amended by replacing the period at the end of paragraph (6) of subsection (a) with the symbol and word "; or" and by adding thereafter a new paragraph (7) of subsection (a) to describe a class of records for which public disclosure is not required and to read as follows:
"(7) Related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office, provided that this exception shall not have any application with respect to records related to the provision of staff services to any committee or subcommittee or to any records which are or have been previously publicly disclosed by or pursuant to the direction of an individual member of the General Assembly."
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 Allgood of the 22nd moved that the Senate disagree to the House substitute to SB 297.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 297.
SENATE RULES CALENDAR
Wednesday, March 1, 1989
THIRTY-FOURTH LEGISLATIVE DAY
HR 76 G. Douglas and Alice K. Fuller compensate (Approp 33rd)
Resolution placed on calendar for the purpose of entertaining a motion to disagree with the report of the committee which was unfavorable to the adoption of the resolution.

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SR 161 Muscogee County Board of Education Study Committee--create (Substitute) (Ed--15th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.)
HB 375 Certain Teachers--exempt from on-the-job performance assessment (Substitute) (Ed--19th)
HB 757 Tollway Limited-Access Roads--no municipality consent necessary (Amend ment) (Trans--1st)
HB 661 Chiropractors--receive profits from vitamin sale (Hum R--42nd)
HB 486 Taxable Net Income--relating to Subchapter "S" corporation income (Substi tute) (B&F--1st)
HB 247 Redevelopment Powers Law--redefine "taxable value" (B&F--1st)
HB 702 Physicians, Osteopaths--continuing education (Substitute) (Hum R--25th)
HB 187 Bonds, Recognizances--execution hearings, failure to appear (Substitute) (S Judy--49th)
HB 209 Prescribing Drugs--physicians authorize certain assistants (Substitute) (Amend ment) (Hum R--25th)
HR 228 Creek Indian Trail Scenic Highway--designate (Trans--llth)
HB 472 Insurable Interest--corporation shall have in director, employees (Ins--47th)
HB 758 Tollway Authority--sale of bonds and notes (Trans--1st)
HB 203 Health Insurance Policy Termination--time limit on notification (Ins--55th)
HB 76 Living Will--hospitalized, nursing home patient provisions (Judy--37th)
HB 581 Employment Security Law--redefine wages and computation date (I&L--45th)
HR 242 Lightwood Knot Bridge--designate (Trans--25th)
HB 215 State-wide Planning and Development--facilitate, encourage (Substitute) (Gov Op-33rd)
HB 258 Administrators, Executors--lawful aliens may act (S Judy--47th)
HB 470 Board of Examiners of Licensed Dietitians--change date of termination (Hum R--25th)
HB 263 Department of Natural Resources Powers and Duties-- include marinas as "pro ject" (Nat R--20th)
HB 466 Certain Convicted--provisions for judge to release, personal recognizance (Sub stitute) (Judy--49th)
HR 190 Peach Parkway--designate portion of growth corridor program (Trans--14th)
HB 513 Insurers--variable annuity contracts to pension (Ins--37th)
HB 440 County Boards of Education--provide group medical/dental insurance (Ed--16th)
HB 399 Alcoholic Beverage Sale--proper identification not include traffic citation (C Aff--35th)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee

WEDNESDAY, MARCH 1, 1989

1377

Senator Barnes of the 33rd moved that the Senate disagree with the committee report which was adverse to the adoption of the following resolution of the House:

HR 76. By Representative Isakson of the 21st:
A resolution compensating G. Douglas Fuller and Alice K. Fuller in the sum of $250.00.

The President put the motion, "Shall the committee report which was adverse to the adoption of HR 76 be agreed to?"

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

Those voting in the affirmative were Senators:

Albert Bowen Broun Echols English Fincher

Gillis Hammill Johnson Kennedy Parker Perry

Pollard Scott of 2nd Starr Taylor Timmons Walker

Those voting in the negative were Senators:

Allgood Baldwin Barker Barnes Brannon Burton Clay Coleman Collins Coverdell Deal

Dean Edge Engram Foster Fuller Garner Harris Huggins Kidd Land Langford

McKenzie Newbill Peevy Phillips Ragan of 10th Ragan of 32nd Scott of 36th Shumake Tate Turner Tysinger

Those not voting were Senators:

Dawkins Howard

Olmstead Ray

Stumbaugh

On the motion, the yeas were 18, nays 33, and the Senate disagreed to the committee report which was adverse to the adoption of HR 76.

The following resolution of the Senate, having been read the third time and final action suspended on February 28, pursuant to Senate Rule 143, and placed on the Senate Rules
Calendar for today, was put upon it adoption:

SR 161. By Senator Parker of the 15th:
A resolution creating the Muscogee County Board of Education Study Committee.

The substitute to SR 161 offered by Senator Parker of the 15th on February 28, as it appears in the Journal of February 28, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 37, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Dawkins Deal Dean Echols Engram Fincher

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford McKenzie Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Walker

Those voting in the negative were Senators:

Clay Collins Coverdell

Edge Land Newbill

Phillips Ragan of 32nd Tysinger

Those not voting were Senators:

Allgood Coleman

English Scott of 2nd

Taylor

On the adoption of the resolution, the yeas were 42, nays 9.

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

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

HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person nel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.
Senate Sponsors: Senators Ray of the 19th and Newbill of the 56th.

The Senate Committee on Education offered the following substitute to HB 375:

A BILL
To be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person nel employed in the public schools of this state, so as to provide an exemption from the

WEDNESDAY, MARCH 1, 1989

1379

requirement of an assessment to demonstrate satisfactory on-the-job performance for cer tain teachers; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional personnel employed in the public schools of this state, is amended by striking paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Before granting a renewable certificate to an applicant, the state board is author ized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate satisfactory on-the-job per formance appropriate to the applicant's field of certification; provided, however, any appli cant seeking certification in this state who qualifies for a professional teaching certificate at the baccalaureate degree level or higher, who has held a professional certificate in another state, and who has satisfactorily taught on a full-time basis in the public schools of this state or another state or in regionally accredited private schools for at least five years shall be exempt from the requirement of an assessment to demonstrate satisfactory on-the-job performance as required in this subsection. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pur suant to Code Section 20-2-210."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun BCluaryton Coleman Collins Coverdell
Dawkins Deal Dean Echols

Edge Engram Fincher Foster Fuller Garner gillis Hammill HHoarwriasrd Huggins Johnson Kennedy
Land Langford McKenzie Newbill

Those not voting were Senators:

English Kidd

Olmstead Starr

Parker Peevy Perry Phillips Pollard Ragan of loth Ragan of 32nd D c|co ,, ofc ,,2nd, Scott of 36th Shumake Stumbaugh Tate Turner Tysinger Walker
Taylor Timmons

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On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
HB 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th: A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limitedaccess roads which are constructed in whole or as a part of a tollway project. Senate Sponsor: Senator Coleman of the 1st.
The Senate Committee on Transportation offered the following amendment:
Amend HB 757 by inserting on line 6 of page 1 after the word "rail" and before the word "public" the following:
"or a rapid busway". By inserting on line 9 of page 2 after the word "rail" and before the word "public" the following: "or a rapid busway".
Senators Barnes of the 33rd, Scott of the 36th and Coverdell of the 40th offered the following amendment:
Amend the amendment offered by the Senate Committee on Transportation to HB 757 by inserting at the end thereof the following:
"By striking the word 'is' on line 11 of page 2 and inserting in its place the following: 'and limited-access road are". By inserting on line 13 of page 2 between the word 'body' and the symbol '.' the following: 'and said limited-access road is not located solely within one municipality'."
On the adoption of the amendment, the yeas were 10, nays 33, and the amendment was lost.
Senators Barnes of the 33rd, Scott of the 36th and Coverdell of the 40th offered the following amendment:
Amend the amendment offered by the Senate Committee on Transportation to HB 757 by inserting at the end thereof the following:
"By striking in its entirety line 11 of page 2 and inserting in lieu thereof the following: 'and limited-access road are a part of a regional transportation plan developed and ap proved by'. By inserting on line 13 of page 2 between the symbol '.' and ' "' the following: 'Once such a limited-access road is approved, any changes in its plan must have the additional approval of the metropolitan planning organization and other governmental bod ies which have previously approved said limited-access road.' "

WEDNESDAY, MARCH 1, 1989

1381

On the adoption of the amendment, the yeas were 11, nays 31, and the amendment was lost.

Senators Barnes of the 33rd, Scott of the 36th and Coverdell of the 40th offered the following amendment:

Amend the amendment offered by the Senate Committee on Transportation to HB 757 by inserting at the end thereof the following:
"By inserting on line 13 of page 2 between the word 'body' and the symbol '.' the following:
'and such a transportation system is funded and will be simultaneously constructed with the limited-access road'."

On the adoption of the amendment, the yeas were 12, nays 31, and the amendment was lost.

On the adoption of the amendment offered by the Senate Committee on Transporta tion, the yeas were 31, nays 12, 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 Bowen Brannon Broun Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Burton Coverdell

Langford Phillips

Scott of 36th Tate

Not voting was Senator Kennedy (presiding).

On the passage of the bill, the yeas were 48, nays 7.

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

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HB 661. 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 and practice of chiropractors, so as to provide that chiro practors may receive profits from the sale of vitamins, minerals, or food supple ments recommended by such chiropractors.
Senate Sponsor: Senator Howard of the 42nd.

TThheereport 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 BTM""0"
1uarton r 0 iii ng Coverdell
Dawkins pj ea l Dean Echols Edge English Engram

Fincher Foster Fuller Garner
Gillis Hammill Harris
Howard Huggins Johnson
Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Broun Coleman

Kennedy (presiding)

Taylor

On the passage of the bill, the yeas were 52, nays 0.

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

Senator Barnes of the 33rd introduced the doctor of the day, Dr. James Tallman, of Marietta, Georgia.

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

HB 486. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, so as to provide for an adjustment in calculating taxable net income for individuals who have Subchapter "S" corporation income in federal adjusted gross income for federal pur-

WEDNESDAY, MARCH 1, 1989

1383

poses but do not qualify for Subchapter "S" corporation status for state purposes.
Senate Sponsor: Senator Coleman of the 1st.
The Senate Committee on Banking and Finance offered the following substitute to HB 486:
A BILL
To be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, so as to exclude the amount of mortgage interest eliminated from federal itemized deductions for the purpose of computing mortgage interest credit on the federal return and the amount of a dependent's unearned income included in federal adjusted gross income of a parent's return from the computation of taxable net income; to provide for an adjustment in calculating taxable net income for individuals who have Subchapter "S" corporation income in federal adjusted gross income for federal purposes but do not qualify for Subchapter "S" corporation status for state purposes either because another state does not recognize Subchapter "S" corpora tion status or because a nonresident shareholder does not consent to Subchapter "S" corpo ration status; to provide for related matters; to provide for an effective date and for applica bility; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, is amended by striking paragraph (3) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) (A) The amount of salary and wage expenses eliminated in computing the individ ual's federal adjusted gross income because the individual has taken a federal jobs tax credit which requires, as a condition to using the federal jobs tax credit, the elimination of related salary and wage expenses.
(B) The amount of mortgage interest eliminated from federal itemized deductions for the purpose of computing mortgage interest credit on the federal return;".
Section 2. Said Code section is further amended by striking from the end of paragraph (6) of subsection (a) the word "and", by striking the period from the end of paragraph (7) of subsection (a) and substituting in lieu thereof "; and", and by adding a new paragraph (8) at the end of subsection (a) to read as follows:
"(8) The amount of a dependent's unearned income included in federal adjusted gross income of a parent's return."
Section 3. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) (1) Georgia resident shareholders of Subchapter 'S' corporations may make an ad justment to federal adjusted gross income for Subchapter 'S' corporation income where an other state does not recognize a Subchapter 'S' corporation.
(2) Nonresident shareholders of a Georgia Subchapter 'S' corporation must execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for the Subchapter 'S' corporation to be recognized for Georgia purposes. This consent agreement must be filed by the corporation with its corporate tax return. Shareholders of a federal Subchapter 'S' corporation which is not recognized for Georgia purposes may make an adjustment to federal adjusted gross income in order to avoid double taxation on this type of income. Adjustments will not be allowed unless tax was actually paid by the corporation."
Section 4. This Act shall become effective upon its approval by the Governor or upon

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its becoming law without such approval and shall be effective for tax years beginning on or after January 1, 1989.
Section 5. 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:

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

English Engram Fincher Foster Fuller Gillis Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Those not voting were Senators:

Parker Peevy Perry Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Albert Coverdell Garner

Hammill Kennedy (presiding) Phillips

Ragan of 10th Taylor Timmons

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

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

HB 247. By Representatives Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Redevelopment Powers Law," so as to change the definition of "taxable value".
Senate Sponsor: Senator Coleman of the 1st.

WEDNESDAY, MARCH 1, 1989

1385

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 Terry L. Coleman, Chairman

House Ways and Means Committee

FROM:

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

DATE:

January 31, 1989

SUBJECT: Fiscal Note--House Bill 247 (LC 9 5416) Redevelopment Powers Law

This bill would revise the definition of "taxable value" (as it relates to the Redevelop ment Powers Law) to refer to the assessed value of taxable property as shown on the current tax digest of the county in which the property is located. Current provisions define "taxable value" as the assessed value of taxable property as shown on the tax digests of counties as adjusted and equalized by the state revenue commissioner pursuant to Code Section 48-5271 (which was repealed effective January 1, 1989). If enacted, this bill would become effec tive upon the Governor's approval or upon becoming law without such approval.

This bill would have no fiscal impact upon state revenues. The Department of Revenue has indicated that there would be no administrative costs associated with this bill.

/a/ G.W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon
Broun Burton C? man CDoawlhknisns j)eaj D ean Echols English Engram Fincher Foster

Fuller Garner Gillis Hammill Harris
Huggins Johnson Kidd ,^and, Langford McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake ,,S,tarr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Barnes Clay

Coverdell Edge

Howard Kennedy (presiding)

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

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

HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th and others:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or cer tified under such chapter.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Human Resources offered the following substitute to HB
702:

A BILL
To be entitled an Act to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chap ter; to provide for procedures; to require a minimum number of hours of continuing educa tion; to provide for approval of certain courses; to provide for waivers; to provide for author ity of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, is amended by adding at the end thereof a new Code section, to be designated Code Section 43-34-3, to read as follows:
"43-34-3. (a) The board shall be authorized to require persons licensed or certified under this chapter to complete board approved continuing education of not less than 30 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned.
(b) The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, illness, or in cases where physicians or physicians' assistants are entering fellowships, new specialty residencies, postgraduate specialty programs, or under such other circumstances as the board deems appropriate.
(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 1, 1989

1387

Senator Scott of the 2nd offered the following amendment:

Amend the substitute to HB 702 offered by the Senate Committee on Human Re sources by inserting on line 10 of page 1 after the word and symbol "board;" the following:
"to provide that an applicant for a license to practice medicine in this state shall be required to accept and treat medicare and Medicaid patients;"
By striking the quotes at the end of line 12 of page 2 and inserting between lines 12 and 13 the following:
"(d) An applicant for a license to practice medicine in this state shall be required to accept and treat medicare and Medicaid patients.' "

On the adoption of the amendment, the yeas were 35, nays 3, and the amendment was adopted.

Senator Engram of the 34th offered the following amendment:

Amend the substitute to HB 702 offered by the Senate Committee on Human Re sources by striking on line 22, page 1, "30" and inserting "40".

On the adoption of the amendment, the yeas were 38, 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:

Allgood Baldwin Barker Barnes
Bowen Brannon
BP.urton Coleman Collins Dawkins Deal Dean Echols English

Engram Fincher Foster Garner
Gillis Harris
HJ.ouh, g6ng6sionns Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd
RS0 caoyJ.tt. o,f 2,, nd, Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner

Those voting in the negative were Senators:

Albert Coverdell Edge

Fuller Hammill Howard

Tysinger Walker

Not voting were Senators Kennedy (presiding) and Taylor.

On the passage of the bill, the yeas were 46, nays 8.

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The bill, having received the requisite constitutional majority, was passed by substitute.
HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th and others:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.
Senate Sponsors: Senators Kidd of the 25th and Howard of the 42nd.
The Senate Committee on Human Resources offered the following substitute to HB 209:
A BILL
To be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practition ers; to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to change the provisions relating to powers of the Georgia Board of Nursing; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physi cians, osteopaths, and assistants, so as to provide for definitions; to authorize physicians to delegate to certain physician's assistants and licensed registered professional nurses the au thority to perform certain acts, to provide conditions and limitations regarding such delega tion, and to exclude such performance from constituting the practice of medicine; to author ize the performance of certain acts in life-threatening situations; to provide for powers of certain state licensing boards; to provide for statutory 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. Code Section 26-4-4 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding after subsection (b) thereof a new sub section to read as follows:
"(b.l) Any term used in this subsection and defined in Code Section 43-34-26.1 shall have the meaning provided for such term in Code Section 43-34-26.1. Parts 2, 3, 4, and 6 of Article 2 of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-26.1 to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 4334-26.1. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-26.1, with regard to the drugs so dispensed that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section."
Section 2. Title 43 of the Official Code of Georgia Annotated, relating to businesses and professions, is amended by striking "and" at the end of paragraph (10) of subsection (a) of Code Section 43-26-4, relating to powers of the Georgia Board of Nursing, striking the pe riod at the end of paragraph (11) of that subsection (a) and inserting in its place "; and", and by adding immediately thereafter a new paragraph to read as follows:
"(12) Promulgate rules and regulations governing nurses performing under a nurse pro tocol as authorized in Code Section 43-34-26.1."
Section 3. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated,

WEDNESDAY, MARCH 1, 1989

1389

relating to physicians and osteopaths, is amended by adding immediately following Code Section 43-34-26 a new Code section to read as follows:
"43-34-26.1. (a) As used in this Code section, the term:
(1) 'Administer' means to give a unit dose of any drug or to perform any medical treat ment or diagnostic study.
(2) 'Controlled substance' means any controlled substance, as defined in Code Section 16-13-21, except any Schedule I controlled substance listed in Code Section 16-13-25.
(3) 'Dispense' means to issue one or more doses of any drug in a suitable container with appropriate labeling for subsequent administration to, or use by, a patient.
(4) 'Dangerous drug' means any dangerous drug, as defined in Code Section 16-13-71, but does not include any controlled substance or Schedule I controlled substance.
(5) 'Drug' means any dangerous drug or controlled substance.
(6) 'Nurse' means a person who is a registered professional nurse licensed as such under Chapter 26 of this title.
(7) 'Nurse protocol' means a written document mutually agreed upon and signed by a nurse and a licensed physician, by which document the physician delegates to that nurse the authority to perform certain medical acts which a physician is authorized to delegate to a nurse pursuant to subsection (b) of this Code section, and which acts shall include, without being limited to, the administering, ordering, and dispensing of any drug.
(8) 'Order' means to select a drug, medical treatment, or diagnostic study through phy sician delegation in accordance with a nurse protocol or a physician's assistant's job descrip tion. Ordering under such delegation shall not be construed to be prescribing, which act can only be performed by the physician.
(9) 'Physician's assistant' means a person certified as a physician's assistant pursuant to Article 4 of this chapter, the 'Physician's Assistant Act.'
(b) (1) A physician may delegate to:
(A) A physician's assistant in accordance with a job description; or
(B) A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, certified nurse practitioner, or clinical nurse specialist, psychiatric/mental health in accordance with a nurse protocol
the authority to order controlled substances selected from a formulary of such drugs estab lished by the Composite State Board of Medical Examiners and the authority to order dan gerous drugs, medical treatments, and diagnostic studies.
(2) A physician may delegate to a nurse or physician's assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and the authority to dispense dangerous drugs if that nurse or physician's assistant orders or dispenses those dangerous drugs, medical treatment, or diagnostic studies:
(A) As an agent or employee of:
(i) The division of public health of the Department of Human Resources;
(ii) Any county board of health; or
(iii) Any organization other than a hospital, preferred provider organization, health maintenance organization, or similar organization, which is exempt from federal taxes pur suant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-22, which organization provides that those medical services and dangerous drugs which are dis pensed by its physician's assistants and nurses will be provided at no cost to the patient or at a cost based solely upon the patient's ability to pay, or any organization established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254(b) or 254(c) of the United States Public Health Services Act, or any project of a hospital authority created

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pursuant to Article 4 of Chapter 7 of Title 31, the 'Hospital Authorities Law,' which organi zation or project provides medical services and when the physician's assistant or nurse who is an agent or employee of such a project is providing those medical services and dangerous drugs to outpatients who are primarily indigent patients and which medical services and dangerous drugs are provided at no cost to the patient or at a cost based solely upon the patient's ability to pay; and
(B) In conformity with subsection (b.l) of Code Section 26-4-4 and the rules and regu lations established pursuant thereto by the State Board of Pharmacy.
(3) Delegation of authority to a physician's assistant pursuant to this subsection shall be authorized only if that delegation is contained in the job description approved for that physician's assistant by the Composite State Board of Medical Examiners.
(4) Delegation of authority to a nurse pursuant to this subsection shall be authorized only if that delegation is contained in a nurse protocol for that nurse.
(c) The Composite State Board of Medical Examiners shall be empowered to promul gate rules and regulations governing physicians and physician's assistants to carry out the intents and purposes of this Code section, including establishing criteria and standards gov erning physician's, physician's assistants, job descriptions, and nurse protocols. The board shall be authorized to require that protocols not falling within such established criteria and standards be submitted to the board for review and approval or rejection.
(d) Notwithstanding any other provision of law to the contrary, a physician's assistant or nurse may perform any act authorized to be performed by that person pursuant to and in conformity with the delegation specified in this Code section without such act constituting the practice of medicine.
(e) Nothing in this Code section shall be construed to limit or repeal Article 2, 4, and 6 of this chapter, relating to physicians, osteopaths, physician's assistants, and respiratory therapists, or Article 1 of Chapter 26 of this title, relating to registered nurses.
(f) Nothing in this Code section shall be construed to limit or repeal any existing au thority of a licensed physician to delegate to a qualified person any acts, duties, or functions which are otherwise permitted by law or established by custom.
(g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse or physician's assistant.
(h) Nothing in this Code section shall be construed to limit or repeal the authority of any organization described in division (i) or (ii) of subparagraph (A) of paragraph (2) of subsection (b) of this Code section or any organization established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254(b) or 254(c) of the United States Public Health Service Act to supervise or interfere with the employer/employee relationship of any agent or employee of such organization.
(i) Notwithstanding any other provision of law to the contrary, a physician's assistant or nurse may perform any act deemed necessary to provide treatment to a hospital or nurs ing home patient in a life-threatening situation when such act is authorized by standing procedures established by the medical staff of the hospital or nursing home."
Section 4. Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Physician's Assistant Act," is amended by adding at the end of Code Section 43-34103, relating to applications for assistants, a new subsection to read as follows:
"(g) Nothing in this article shall be construed to prohibit a physician's assistant from performing those acts the performance of which have been delegated to that physician's assistant pursuant to and in conformity with Code Section 43-34-26.1."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 1, 1989

1391

Senator Baldwin of the 29th offered the following amendment:

Amend the substitute to HB 209 offered by the Senate Committee on Human Re sources by inserting between "physicians" and "to delegate" on line 11 of page 1 the following:
"and pharmacists".
By inserting between lines 11 and 12 of page 3 the following:
"(3.1) 'Dispensing procedure' means a written document signed by a licensed pharma cist, by which document the pharmacist establishes the appropriate manner under which drugs may be dispensed pursuant to this Code section.".
By striking from lines 25 and 26 of page 4 the following:
"the authority to dispense dangerous drugs",
and inserting in its place the following:
"a pharmacist may delegate to a physician's assistant or nurse the authority to dispense dangerous drugs pursuant to a dispensing procedure".

On the adoption of the amendment offered by Senator Baldwin of the 29th, Senator Kidd of the 25th 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 Barnes Bowen Brannon Clay Collins Dawkins
Deal
Dean
Echols

Edge Engram Fincher Foster Garner Gilhs Hammill Huggins
Johnson
Land
McKenzie

Newbill Peevy Perry Ragan of 10th Ragan of 32nd R "*y bhumake
Taylor
Timmons
Turner

Those voting in the negative were Senators:

Allgood Barker Broun Burton Coleman Coverdell English

Fuller Howard Kidd Langford Parker Phillips Pollard

Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tysinger Walker

Those not voting were Senators:

Harris

Kennedy (presiding)

Olmstead

On the adoption of the amendment, the yeas were 32, nays 21, and the amendment offered by Senator Baldwin of the 29th was adopted.

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to HB 209 offered by the Senate Committee on Human Re-

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JOURNAL OF THE SENATE

sources by striking lines 15 through 17 on page 7 in their entirety and substituting in lieu thereof the following:
"Public Health Service Act to supervise its agents or employees or interfere with the employer/employee relationship of any such agents or employees."
On the adoption of the amendment, the yeas were 0, nays 42, and the amendment was lost.
Senator Howard of the 42nd offered the following amendment:
Amend the substitute to HB 209 offered by the Senate Committee on Human Re sources by striking "48-1-22" from line 6 of page 5 and inserting in its place "48-1-2".
Senator Howard of the 42nd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn.
Senator Howard of the 42nd offered the following amendment:
Amend the substitute to HB 209 offered by the Senate Committee on Human Re sources by striking lines 33 and 34 of page 4 and lines 1 through 30 of page 5 and inserting in their place the following:
"(iii) Any organization:
(I) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, other than an organization which is a hospital, preferred provider organization, health maintenance organization, or similar organ ization; or
(II) Established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Services Act,
which organization provide that those medical services and dangerous drugs which are or dered or dispensed by its physician's assistants and nurses will be provided at no cost to the patient or at a cost based solely upon the patient's ability to pay; and".
By redesignating paragraph (3) on line 1 of page 6 as paragraph (5), by redesignating paragraph (4) on line 7 of page 6 as paragraph (6), and by inserting after line 34 of page 5 new paragraphs (3) and (4) to read as follows:
"(3) In addition, a physician may delegate to a physician's assistant or to a nurse recog nized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, or certified nurse practitioner the authority to order dangerous drugs, medical treatments, or diagnostic studies and the authority to dispense dangerous drugs if such physician's assistant or nurse orders or dispenses such drugs, treatments, or studies to an inpatient of a licensed hospital and such physician's assistant or nurse orders or dis penses such drugs in conformity with subsection (b.l) of Code Section 26-4-4 and the rules and regulations established pursuant thereto by the State Board of Pharmacy.
(4) In addition, a physician may delegate to a nurse or physician's assistant the author ity to order dangerous drugs, medical treatments, or diagnostic studies and the authority to dispense dangerous drugs if that nurse or physician's assistant orders or dispenses such drugs, treatments, or studies to a patient of an outpatient clinic:
(A) Which is owned or operated by a licensed hospital;
(B) Which provides such drugs, treatments, or studies free or at a charge to the patient based solely upon the patient's ability to pay; provided, however, such charge shall not ex ceed the actual cost to the outpatient clinic; and
(C) Whose services are primarily provided to the medically disadvantaged

WEDNESDAY, MARCH 1, 1989

1393

and that nurse or physician's assistant orders or dispenses such drugs in conformity with subsection (b.l) of Code Section 26-4-4 and the rules and regulations established pursuant thereto by the State Board of Pharmacy."

On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to HB 209 offered by the Senate Committee on Human Re sources by adding after the single quotation mark on line 20 of page 5 the following:
"or any licensed hospital".

Senator Howard of the 42nd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn.

Senator Edge of the 28th offered the following amendment:

Amend the substitute to HB 209 offered by the Senate Committee on Human Re sources by striking lines 10, 11, and 12 on page 5 in their entirety and substituting in lieu thereof the following:
"will be provided in cases of medical services at a cost no greater than the amount of Medicaid reimbursement and in cases of dangerous drugs shall be provided at no cost to the patient, or any".

On the adoption of the amendment offered by Senator Edge of the 28th, Senator How ard 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:

Allgood Baldwin BBararnnenson
Burton
Coleman

Collins Dean EGdagrne er
Hammill
Land

Newbill Phillips nRa&an of, 3on2nd,
Scott of 2nd
Shumake

Those voting in the negative were Senators:

Albert Barker Bowen
Broun Cloavyerd, el,,l DDaewal kms Echols English Engram Fincher Foster

Fuller Gillis Howard
Huggins JKojhdndson LT angf.ord, McKenzie Olmstead Parker Peevy Perry

Pollard Ragan of 10th Ray
Scott of 36th SSttuarmr baugh T_ate Taylor Timmons Turner Tysinger Walker

Not voting were Senators Harris and Kennedy (presiding).

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 17, nays 37, and the amendment offered by Senator Edge of the 28th was lost.

Senator Hammill of the 3rd offered the following amendment:

Amend the substitute to HB 209 offered by the Senate Committee on Human Re sources by inserting on line 10, page 1 the word "podiatrists" after the word "osteopaths", and on page 2, line 29, after the word "osteopaths", add the word "podiatrists", and on page 6, line 29, after the word "osteopaths", add the word "podiatrists".

Senator Hammill of the 3rd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 48, 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 Bfannon BTM" BCluaryton
Coleman Collins
Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner gillis S amm^ HHouwggairnds
Johnson Kidd
Land Langford McKenzie Newbill Olmstead Parker

Perry Phillips Pollard Ragan of ioth Ragan of 32nd Rav Scott of 2nd Scott of 36th ^,,,h_umak, e
*tarr , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Peevy.

Not voting were Senators Harris and Kennedy (presiding).

On the passage of the bill, the yeas were 53, nays 1.

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

The following 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

WEDNESDAY, MARCH 1, 1989

1395

bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 331.

Respectfully submitted,
/s/ Waymond C. Huggins, Chairman Senator, District 53

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 12:46 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, March 2, 1989
Thirty-fifth 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 Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute to the following bill of the House:
HB 487. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Article 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the time period within which the state revenue commissioner shall dispose of unclaimed property delivered to him; to provide that certain unclaimed property having insubstantial commercial value may be disposed of by the commissioner other than by sale.
The House insists on its position in substituting the following bill of the Senate:
SB 297. By Senator Allgood of the 22nd: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by cer tain offices.
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 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th: A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.
The Speaker has appointed on the part of the House, Representatives Porter of the 119th, Randall of the 101st and Brown of the 88th.
The House insists on its position in disagreeing to the Senate substitute, and has ap-

THURSDAY, MARCH 2, 1989

1397

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 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.
The Speaker has appointed on the part of the House, Representatives Pannell of the 122nd, Robinson of the 96th and Cummings of the 17th.
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 779. By Representative Walker of the 85th: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to change the compensation of certain officials.
HB 902. By Representatives Clark 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 the compensation of the chairman and other members of the board of commissioners.
HB 965. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County.
HB 966. By Representative Mobley of the 64th: A bill to amend an Act creating a new charter for the City of Auburn, so as to provide a new charter for the City of Auburn.
HB 967. By Representative Meadows of the 91st: A bill to amend an Act incorporating the City of Manchester, so as to change the name of the city governing authority.
HB 968. By Representative Carrell of the 65th: A bill to amend an Act reincorporating the City of Monroe in the County of Walton, so as to change certain provisions relative to the membership of the Water, Light, and Gas Commission; to change certain terms of the members of such commission.
HB 969. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act providing an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation, so as to change the compensa tion of the coroner.
HB 970. By Representatives Howren of the 20th, Gresham of the 21st, Vaughan of the 20th, Ehrhart of the 20th, Thompson of the 20th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the

1398

JOURNAL OF THE SENATE

fee system to the salary system, so as to change the compensation of the sheriff, the chief deputy sheriff, the chief investigator, and the executive secretary to the sheriff.
HB 971. By Representatives Gresham of the 21st, Atkins of the 21st, Vaughan of the 20th, Ehrhart of the 20th, Howren of the 20th and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compen sation of the tax commissioner, the chief clerk, and the executive secretary.
HB 972. By Representative Carter of the 146th:
A bill to amend an Act establishing a new charter for the Town of Sparks.
HB 973. By Representatives Royal of the 144th and Powell of the 145th:
A bill to authorize the governing authority of Colquitt County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.
HB 976. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to provide that Clayton County shall have and be authorized to exercise all redevelopment and other powers authorized or granted to political subdivisions pursuant to the "Redevelopment Powers Law"; to provide for certain such powers.
HB 977. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th, Gresham of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the supplement of the district attorney and the compensa tion of the chief assistant district attorney and assistant district attorneys.
HB 979. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act placing the sheriff, probate judge, clerk of the superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.
HB 980. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act entitled "An Act 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 county-wide basis; to provide that such chairman shall be the chief executive officer of the county;" and for other purposes.
HB 981. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th:
A bill to amend an Act providing a new charter for the City of Athens in Clarke County, so as to to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.

THURSDAY, MARCH 2, 1989

1399

HB 982. By Representatives Isakson of the 21st, Howren 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 Cobb Judicial Circuit, 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.
HB 983. By Representatives Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Atkins of the 21st, Clark of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the supe rior court.
HB 984. By Representative Chance of the 129th:
A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the Town of Rincon, Georgia, for individuals 65 years of age or older.
HB 985. By Representatives Wilder of the 21st, Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Howren of the 20th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to authorize the county manager to remove from office or employment certain department heads.
SB 285. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill "To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah; and for other purposes.", as amended, so as to provide for the election and terms of office of the Mayor and Aldermen of the City of Savannah.
SB 272. By Senator Gillis of the 20th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to re vise the qualifications and requirements for registered foresters; to provide for continuing education as a condition of license renewal; to provide for an effective date and applicability.
SB 214. By Senators Allgood of the 22nd and Bowen of the 13th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the defini tion of a "used car dealer"; to change the composition of the State Board of Registration of Used Car Dealers; to provide for licensure of certain persons op erating as used motor vehicle dealers.
SB 152. By Senators Kennedy of the 4th, Coleman of the 1st and Ray of the 19th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to restrict membership and creditable service based on employment or services for which membership and credit are sought under the Peace Officers' Annuity and Benefit Fund; to change the provisions relating to leaves of absence and withdrawals from the fund.

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SB 186. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and others:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that a payee shall have a lien on merchandise when a bad check is used to purchase merchandise or services rendered on merchandise; to define the term "bad check"; to provide for the priority and perfection of such a lien.
SB 113. By Senator Foster of the 50th: A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 127. By Senator Ragan of the 10th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Decatur County, Georgia, to the City of Bainbridge and the acceptance of certain real property owned by the City of Bainbridge located in Decatur County, Georgia, in consideration therefor; to provide an effective date.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 145. By Senator Barnes of the 33rd: A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, so as to direct the judge of the probate court of each county to notify the Secretary of State of the name and mailing address of the journal or newspaper serving as the official organ of the county.
SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd and Coleman of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to to prohibit any industrial loan licensee, insurer, or person or politi cal action committee acting on behalf of such licensee or insurer from making contributions to or on behalf of the person holding office as Commissioner of Insurance.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
SB 105. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and others: A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and salt-water fishing in general, so as to provide for the opening and closing of the salt waters of this state as to fishing for certain fish; to establish creel and size limits as to certain fish; to provide for related matters; to provide an effective date.
SB 142. By Senators Turner of the 8th, Bowen of the 13th and Ragan of the 10th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fourth

THURSDAY, MARCH 2, 1989

1401

judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.
SB 180. By Senators Deal of the 49th and Barker of the 18th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relat ing to the place of detention of a child; to provide for limitations thereon; to provide for transfers; to provide for notices, practices, and procedures; to provide for time limits; to provide for definitions; to provide an effective date.
The following resolutions of the Senate were introduced, read the first time and re ferred to committees:
SR 206. By Senators Barker of the 18th and Coleman of the 1st: A resolution creating the Senate Private School and Church Bus Study Committee.
Referred to Committee on Transportation.
SR 211. By Senators Allgood of the 22nd, Gillis of the 20th and Kennedy of the 4th: A resolution creating the Senate Study Committee on DNR Revenues.
Referred to Committee on Natural Resources.
SR 216. By Senators Johnson of the 47th, Scott of the 2nd, Baldwin of the 29th and others: A resolution creating the Senate Intracounty Toll Charge Study Committee.
Referred to Committee on Rules.
SR 217. By Senator Fuller of the 52nd: A resolution urging the Board of Medical Assistance to take certain action re garding the Medicaid program.
Referred to Committee on Human Resources.
SR 218. By Senators Garner of the 30th, Stumbaugh of the 55th, Howard of the 42nd and Kennedy of the 4th: A resolution creating the Senate Study Committee on Rights of Peace Officers While Under Investigation.
Referred to Committee on Public Safety.
The following bills of the House were read the first time and referred to committees:
HB 779. By Representative Walker of the 85th: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to change the compensation of certain officials.
Referred to Committee on Urban and County Affairs.
HB 902. By Representatives Clark 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 the compensation of the chairman and other members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

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HB 965. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County.
Referred to Committee on Urban and County Affairs.
HB 966. By Representative Mobley of the 64th: A bill to amend an Act creating a new charter for the City of Auburn, so as to provide a new charter for the City of Auburn.
Referred to Committee on Urban and County Affairs.
HB 967. By Representative Meadows of the 91st: A bill to amend an Act incorporating the City of Manchester, so as to change the name of the city governing authority.
Referred to Committee on Urban and County Affairs.
HB 968. By Representative Carrell of the 65th: A bill to amend an Act reincorporating the City of Monroe in the County of Walton, so as to change certain provisions relative to the membership of the Water, Light, and Gas Commission; to change certain terms of the members of such commission.
Referred to Committee on Urban and County Affairs.
HB 969. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th and others: A bill to amend an Act providing an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation, so as to change the compensa tion of the coroner.
Referred to Committee on Urban and County Affairs.
HB 970. By Representatives Howren of the 20th, Gresham of the 21st, Vaughan of the 20th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, the chief deputy sheriff, the chief investigator, and the executive secretary to the sheriff.
Referred to Committee on Urban and County Affairs.
HB 971. By Representatives Gresham of the 21st, Atkins of the 21st, Vaughan of the 20th and others: A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compen sation of the tax commissioner, the chief clerk, and the executive secretary.
Referred to Committee on Urban and County Affairs.
HB 972. By Representative Carter of the 146th: A bill to amend an Act establishing a new charter for the Town of Sparks.
Referred to Committee on Urban and County Affairs.
HB 973. By Representatives Royal of the 144th and Powell of the 145th: A bill to authorize the governing authority of Colquitt County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to

THURSDAY, MARCH 2, 1989

1403

divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers. Referred to Committee on Urban and County Affairs.
HB 976. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to provide that Clayton County shall have and be authorized to exercise all redevelopment and other powers authorized or granted to political subdivisions pursuant to the "Redevelopment Powers Law"; to provide for certain such powers.
Referred to Committee on Urban and County Affairs.
HB 977. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the supplement of the district attorney and the compensa tion of the chief assistant district attorney and assistant district attorneys.
Referred to Committee on Urban and County Affairs.
HB 979. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act placing the sheriff, probate judge, clerk of the superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.
Referred to Committee on Urban and County Affairs.
HB 980. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act entitled "An Act 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 county-wide basis; to provide that such chairman shall be the chief executive officer of the county;" and for other purposes.
Referred to Committee on Urban and County Affairs.
HB 981. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th: A bill to amend an Act providing a new charter for the City of Athens in Clarke County, so as to to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.
Referred to Committee on Urban and County Affairs.
HB 982. By Representatives Isakson of the 21st, Howren of the 20th, Aiken of the 21st and others: A bill to amend an Act creating the Cobb Judicial Circuit, 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.
Referred to Committee on Urban and County Affairs.
HB 983. By Representatives Isakson of the 21st, Howren of the 20th, Aiken of the 21st and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the

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fee system to the salary system, so as to change the provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the supe rior court.
Referred to Committee on Urban and County Affairs.

HB 984. By Representative Chance of the 129th:
A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the Town of Rincon, Georgia, for individuals 65 years of age or older. Referred to Committee on Urban and County Affairs.

HB 985. By Representatives Wilder of the 21st, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to authorize the county manager to remove from office or employment certain department heads.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Agriculture has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 692. Do pass. HB 749. Do pass.
Respectfully submitted,
Senator English of the 21st District, Chairman

Mr. President:

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

HB 529. Do pass.

HB 822. Do pass.

HB 626. Do pass.

HB 885. Do pass.

HB 724. Do pass by substitute.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

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

SR 202. Do pass.

HB 607. Do pass.

SR 203. Do pass. HB 261. Do pass.

HR 162. Do pass by substitute.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

THURSDAY, MARCH 2, 1989

1405

Mr. President:

The Committee on Judiciary has had under consideration the following bill and resolu tion of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 193. Do pass as amended. HB 773. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

HB 306. Do pass.

HB 721. Do pass.

HB 370. Do pass.

HB 810. Do pass.

HB 432. Do pass.

HB 839. Do pass.

HB 559. Do pass.

HB 922. Do pass.

HB 599. Do pass.

HR 317. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

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

SR 168. Do pass.

HR 277. Do pass.

HB 16. Do pass.

HR 316. Do pass.

HR 104. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

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

SB 155. Do pass by substitute.

HB 929. Do pass.

HB 575. Do pass.

HB 942. DO pass.

HB 739. Do pass.
HB 886. Do pass. HB 896. Do pass.

HB 944. Do pass. HB 948' Do pass.

HB 919.

Do pass by substitute.

HB 950. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

1406

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the second time:
SR 172. By Senators Gillis of the 20th, English of the 21st, Huggins of the 53rd and others: A resolution creating the Senate State Parks System Study Committee.
SR 173. By Senators Gillis of the 20th, Ray of the 19th, English of the 21st and others: A resolution relative to a long-term capital gains tax differential for the owners of timberland.
SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and Barker of the 18th: A resolution creating the Commission to Establish the City of Macon as the Per manent Site of the Georgia Music Hall of Fame.
SR 184. By Senator Olmstead of the 26th: A resolution urging the United States Congress to adopt appropriate legislation to require out-of-state companies to pay state sales tax.
SR 200. By Senator Phillips of the 9th: A resolution relative to the proposed expansion of Stone Mountain-Britt Memo rial Airport.
HR 76. By Representative Isakson of the 21st: A resolution compensating G. Douglas Fuller and Alice K. Fuller in the sum of $250.00.
HR 115. By Representatives Jackson of the 83rd and Ricketson of the 82nd: A resolution providing that for state purposes the lake in northeastern Georgia will continue to be designated as the Clarks Hill Lake, Clarks Hill Reservoir, or Clarks Hill Area.
HB 8. By Representative Lane of the 27th: A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.
HB 30. By Representative Alien of the 127th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, so as to change the provisions relating to penalties.
HB 75. By Representatives Snow of the 1st, McCoy of the 1st, Poston of the 2nd and others: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide that if the county or municipality in which a hazardous waste facility is to be located disapproves the issuance of a permit for the facility, the permit shall be disapproved by the Director of the Environmental Protection Division.

THURSDAY, MARCH 2, 1989

1407

HB 102. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to amend Code Section 12-8-28.1 of the Official Code of Georgia Anno tated, relating to limitations on the location of solid waste disposal sites within a certain distance of adjoining counties, so as to change the provisions relating to such distance.
HB 123. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the provisions regarding notices of foreclosure of the right to redeem; to change the provisions regarding ripening of tax deed titles by prescription.
HB 124. By Representative Smith of the 78th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding conveyances to se cure debt and bills of sale, so as to require that mailing addresses of grantees and transferees of deeds to secure debt be included upon such deeds or transfers in order for them to be recorded.
HB 166. By Representative Birdsong of the 104th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools so as to prohibit the up braiding, insulting, or abusing of any public school teacher or public school bus driver upon the premises of any public school in the presence and hearing of a pupil thereof.
HB 182. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of in surance, so as to require property and casualty insurers to engage the services of a qualified independent loss reserve specialist under certain circumstances.
HB 207. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 33-30-4 of the Official Code of Georgia Annotated, relating to required provisions in group accident and sickness policies generally, so as to require group policies of accident and sickness insurance to contain a provision entitling the policyholder to a grace period for the payment of any pre mium except the first premium.
HB 223. By Representatives Smyre of the 92nd, Hooks of the 116th, Coleman of the 118th and Lawson of the 9th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, known as the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide that the Geo. L. Smith II Georgia World Congress Center Authority may incur taxable or nontaxable debt; to authorize such authority to fix rentals, fees, prices, charges, and other terms, conditions, and considerations in connection with the use of any project or part thereof or combination thereof.

1408

JOURNAL OF THE SENATE

HB 248. By Representatives Crosby of the 150th, Royal of the 144th and Coleman of the 118th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require cer tain local authorities to file an annual report of indebtedness with the Depart ment of Community Affairs.
HB 252. By Representatives Robinson of the 96th, Groover of the 99th and Bishop of the 94th:
A bill to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to contracts in general, so as to provide a statutory determination of what constitutes a trade secret; to provide that contractual rights or other rights relating to trade secrets shall be construed according to such statutory determination.
HB 274. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 34-9-105 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensa tion, so as to provide that appeals to the superior court and an application for review to the board made from the same final award of an administrative law judge shall be heard first by the board with appeal rights to the superior court.
HB 321. By Representatives Stephens of the 68th, Thurmond of the 67th and Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a teacher.
HB 356. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to control and regulate searches of law offices; to provide for searches and seizures of documentary evi dence in the possession of an attorney; to provide for a definition; to provide standards and procedures for the issuance of warrants and the conduct of searches.
HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.
HB 443. By Representative Porter of the 119th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal court, so as to provide jurisdiction to probate and municipal courts to try traffic offenses under state law in any county which has a city, county, or state court.

THURSDAY, MARCH 2, 1989

1409

HB 449. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to school systems that qualify for middle school grants.
HB 476. By Representatives Mueller of the 126th, Alien of the 127th, Dixon of the 128th and others:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide for comprehensive procedures for the disposition of abandoned vessels.
HB 566. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of in surance, so as to provide a means whereby any insurer organized under the laws of any other state may become a domestic insurer; to provide a means for any domestic insurer to transfer its domicile to another state.
HB 592. By Representatives Smith of the 152nd, Byrd of the 153rd, Jackson of the 9th and others:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 40, so as to change the definition of the term "school bus".
HB 611. By Representative Holmes of the 28th:
A bill to amend Code Section 45-18-36 of the Official Code of Georgia Annotated, relating to salary deductions to be instituted by payroll departments at request of employees, so as to provide for confidentiality of individual account records.
HB 617. By Representatives Royal of the 144th and Long of the 142nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to certain fees and taxes with respect to insurance, so as to change cer tain provisions relating to the funding of services in unincorporated areas of counties levying tax under such chapter; to change the authorized uses of the proceeds of such taxes.
HB 629. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for instructional and other costs under the "Quality Basic Education Act," so as to change the provisions relating to funding for direct in structional costs.
HB 630. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Redding of the 50th and Milam of the 81st:
A bill to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, known as the "Dangerous Dog Control Law," so as to change the definition of a potentially dangerous dog; to change the provisions relating to identifying dangerous dogs or potentially dangerous dogs.

1410

JOURNAL OF THE SENATE

HB 634. By Representatives Steele of the 97th, Watts of the 41st, Adams of the 79th and others:
A bill to amend Code Section 16-12-160 of the Official Code of Georgia Anno tated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, so as to provide for a definition.
HB 716. By Representatives Crosby of the 150th and Coleman of the 118th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to unauthorized payments and overpayments of public assistance under social services programs, so as to provide for recovery when any person receives any unauthorized payment or overpayment.
HB 723. By Representative Holmes of the 28th:
A bill to amend Code Section 36-35-3 of the Official Code of Georgia Annotated, relating to municipal authority to adopt ordinances, rules and regulations and methods of amending municipal charters, so as to require sponsors of petitions to amend municipal charters to obtain petitions from the clerk of the governing authority; to provide for the contents of such petitions.
HB 734. By Representatives Foster of the 6th, Groover of the 99th, Jackson of the 9th and others:
A bill to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide that conservation rangers shall be required to require owners or other persons having lawful posses sion or control of baited areas or land or fields to remove such bait or erect cer tain signs, or both; to require conservation rangers to post signs in certain circumstances.
HB 742. By Representative Walker of the 115th:
A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions designating the location of the principal office or residence of the Municipal Gas Authority of Georgia from Fulton County to either Fulton County or any county contiguous to Fulton County.
HB 743. By Representative McDonald of the 12th:
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 change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction.
HB 799. By Representatives Lupton of the 25th, Pannell of the 122nd, Benn of the 38th and others:
A bill to amend Article 2 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to ordinances providing for historical preservation, so as to change certain provisions relating to certain exemptions from such article.
HB 813. By Representatives Ware of the 77th, Groover of the 99th, Robinson of the 96th 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 for an impact assessment of mandatory accident and sickness insurance coverage; to provide for a short title.

THURSDAY, MARCH 2, 1989

1411

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

Albert Allgood Baldwin Bowen Brannon Broun
Burton Clay Coleman Collins Coverdell Dawkins Deal
Dean

Echols Engram Fincher Foster Gillis Huggins
Johnson Kennedy Kidd Land Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Shumake Taylor Timmons Turner Tysinger

Those not answering were Senators:

Barker Barnes Edge English Fuller
Garner

Hammill Harris Howard Langford McKenzie

Scott of 36th Starr Stumbaugh Tate Walker

Senator Bowen of the 13th introduced the chaplain of the day, Reverend Virgil Lee, pastor of Cordele First Methodist Church, Cordele, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 213. By Senator Broun of the 46th:
A resolution expressing sympathy at the passing of Honorable Preston Matthew Almand.

SR 214. By Senator Kidd of the 25th: A resolution commending Frances S. Duncan.

SR 215. By Senator Garner of the 30th:
A resolution commending the Reverend Ron Stone and the Tabernacle Baptist Church of Carrollton, Georgia.

SR 219. By Senator Barker of the 18th: A resolution commending the Houston County Drug Action Council (HODAC).

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Thursday, March 2, 1989
THIRTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

1412

JOURNAL OF THE SENATE

*SB 155 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Fulton County
To provide that the Fulton County governing authority provide rodent in spection and control services to residential units upon request without charge; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places. (SUBSTITUTE)
HB 575 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta DeKalb and Fulton Counties
To provide for additional criteria with respect to the creation of certain zones for residential purposes.
HB 739 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta DeKalb and Fulton Counties
To provide for certain rehabilitation as an eligible activity within certain commercial enterprise zones.
HB 886 Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County
To amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
HB 896 Allgood, 22nd Albert, 23rd Richmond County
To amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to change the title of the chairman to chair man-mayor.

THURSDAY, MARCH 2, 1989

1413

*HB 919 Dean, 31st Fuller, 52nd Bartow County To provide for the board of elections of Bartow County. (SUBSTITUTE)
HB 929 Dean, 31st City of Cartersville Bartow County To provide for a homestead exemption from all city of Cartersville ad valorem taxes, except ad valorem taxes specifically levied to pay interest on and retire bonded indebtedness, in the amount of $20,000.00 on the home stead of each resident of such city who is 62 years of age or older or totally disabled.
HB 942 Allgood, 22nd Albert, 23rd City of Augusta Richmond County To create the Augusta Canal Authority.
HB 944 Kennedy, 4th Bulloch County To revise and consolidate provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein; to continue without change current provisions relating to the compensation of said officers; to change provisions relating to the compensation of personnel in the offices of said officers.
HB 948 Timmons, llth City of Blakely Early County To change the date of the general municipal election; to provide for council posts; to provide for terms of office of the mayor and councilmembers.
HB 950 Perry, 7th City of Homerville Clinch County To change the date of the municipal general election; to change the time for qualifying for election; to provide for election of councilmembers from posts; to provide for terms of the mayor and councilmembers.
The substitutes to the following bills were put upon their adoption:
*SB 155:
The Senate Committee on Urban and County Affairs offered the following substitute to SB 155:
A BILL
To be entitled an Act to provide that the Fulton County governing authority provide rodent inspection and control services upon request without charge to residential units owned or occupied by persons who are 65 years of age or older or who are physically handi capped and who state that they are unable to afford such services; to provide that all citi zens have equal access to rat poison and other rodent control substances and devices with-

1414

JOURNAL OF THE SENATE

out regard to whether they rent or own their dwelling places; to provide for definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As used in this Act, the term:
(1) "County health department" shall mean the Fulton County Health Department or such other department as the governing authority of Fulton County may designate as being responsible for rodent control
(2) "Occupier" shall mean the head of the household or other responsible adult dwelling in a residential unit.
(3) "Residential unit" shall mean any house, condominium, or apartment intended for and used as a dwelling and located within Fulton County.
Section 2. (a) Upon the request, made in person or through an agent, orally or in writ ing, stating that any occupier of a residential unit who is 65 years of age or older or who is physically handicapped is financially unable to pay for such services, the county health de partment shall cause to be made free of charge an inspection of the residential unit for the presence of rodents.
(b) If the inspection by the county health department made pursuant to subsection (a) of this section reveals the presence of rodents, or upon the request of the occupier of the residential unit, as described in subsection (a) of this section, without regard to the inspec tion, the county health department shall commence and continue such control and eradica tion procedures as are reasonably required to control or eradicate rodents in the residential unit. Such control and eradication procedures shall be provided without cost to the occupier.
Section 3. All occupiers of residential units shall be afforded equal access to rat poison and other rodent control substances and devices without regard to whether they own, lease, or rent the residential units.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
*HB 919:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 919:
A BILL
To be entitled an Act to provide for the board of elections of Bartow County; to provide for the rights, powers, duties, and authority of the board; to provide for appointment and terms of members; to provide for a chairman and executive secretary; to provide for qualifi cations; to provide for appointment procedures; to provide for vacancies; to provide for res ignation or removal of members; to provide for certain oaths and privileges; to provide for offices, assistants, and employees; 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. There is created the board of elections of Bartow County which shall have jurisdiction over the conduct of primaries and elections in Bartow County in accordance with the provisions of this Act.
Section 2. The board of elections of Bartow County shall be composed of three mem-

THURSDAY, MARCH 2, 1989

1415

bers, each of whom shall be an elector and resident of the county and who shall be selected in the following manner:
(1) The judge of the Superior Court of Bartow County who is a resident of Bartow County having the most service as a judge of the Superior Court of Bartow County or, if no judge of the Superior Court of Bartow County is a resident of such county, the governing authority of the county shall prepare a list containing the names of not more than three individuals for each post on the board of elections;
(2) (A) One of such lists shall contain only names of individuals who are members of the political party which received the highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the member.
(B) One of such lists shall contain only names of individuals who are members of the political party which received the second highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the member.
(C) One of such lists shall contain only names of individuals who are not officers or members of the executive committee of any political party at the time of such member's appointment or at any time during such member's term of office as a member of the board of elections; and
(3) The grand jury shall appoint one member from each list of nominees provided for in paragraphs (1) and (2) of this section.
Section 3. The members of the board of elections shall appoint one of the members of the board to serve as chairman of the board.
Section 4. The chief registrar of the county shall be designated executive secretary of the board of elections and shall perform such duties as may be specified by the board. The executive secretary shall not be a voting member of the board.
Section 5. In making the initial appointments to the board, the grand jury of the county shall appoint one member for an initial term beginning on July 1, 1989, and ending on December 31, 1990; one member for an initial term beginning on July 1, 1989, and ending on December 31, 1991; and one member for an initial term beginning on July 1, 1989, and ending on December 31, 1992. Each member shall serve until a successor is appointed and qualified. Thereafter a successor to each member of the board shall be appointed for a term of four years and until his successor is appointed and qualified. Each member of the board shall take office on January 1 of the year immediately following the year in which such member was appointed.
Section 6. No person who holds elective public office shall be eligible to serve as a mem ber during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office.
Section 7. The appointment of each member shall be made by the grand jury of the county by filing an affidavit with the clerk of the superior court no later than 30 days pre ceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifica tions on the minutes of the court and shall certify the name of each appointed member to the Secretary of State and shall provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars. In the event the grand jury fails: (1) to make a regular appointment within the times specified in this section and in Section 2; or (2) to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the judge of the Superior Court of Bartow County, who is a resident of Bartow County having the most service as a judge of the Supe-

1416

JOURNAL OF THE SENATE

rior Court of Bartow County, or if no judge of the Superior Court of Bartow County is a resident of such county, by the governing authority of the county.
Section 8. Each member of the board shall serve until his successor is appointed and qualified, except in the event of resignation or removal as provided in this Act, and shall: (1) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the grand jury, the governing authority of the county, and to the clerk of the superior court; and (2) shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as pro vided for removal of registrars.
Section 9. In the event a vacancy occurs in the office of any member before the expira tion of his term, by removal, death, resignation, or otherwise, the grand jury of the county shall appoint a successor to serve the remainder of the unexpired term. Such appointment shall be made in the same manner as an original appointment to such post. In the event a vacancy occurs in the office of the executive secretary by reason of the death of the execu tive secretary or his removal or resignation as chief registrar, the office of executive secretary shall be filled by the person succeeding to the office of chief registrar. The clerk of the superior court shall be notified of interim appointments or elections and changes in the office of the executive secretary and record and certify such appointments or elections and changes in the same manner as the regular appointment or election of members and desig nation of the executive secretary.
Section 10. Before entering upon his duties, each member shall take substantially the same oath as is required by law for registrars and shall have the same privileges from arrest.
Section 11. The board of elections shall:
(1) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the pro bate court pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as the same now exists or may hereafter be amended, or any other provision of law, or both.
(2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as the same now exists or may hereafter be amended.
Section 12. The board shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party.
Section 13. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the executions of matters within its jurisdiction.
Section 14. Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds.
Section 15. The governing authority of Bartow County shall provide the board of elec tions with such proper and suitable offices and with such clerical assistants and other em ployees as the governing authority shall deem appropriate.
Section 16. The words "election," "elector," "political party," "primary," "public of fice," "special election," and "special primary" shall have the same meanings ascribed to those words by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as the same now exists or may hereafter be amended, unless otherwise clearly apparent from the text of this Act.

THURSDAY, MARCH 2, 1989

1417

Section 17. This Act shall become effective on July 1, 1989. Section 18. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bwen
BRBCoruolrjutionnns Coverdell Deai Dean Echols Edge

Engram Fincher Foster Fuller Gillis
HTHTHTIoaamrwriamsrdiill Huggins Johnson Kennedy Kidd Land

Newbill Olmstead Parker peevy Perry
P,,PrR,hoail,,gllalainrpds,of* ,1/V0Ltih Ragan of 32nd Ray Stumbaugh Taylor Tysinger

Those not voting were Senators:

Albert Clay DCoalwemkmns English Garner

Langford McKenzie Scott of 2nd Scott of 36th Shumake

Starr Tate Timmons Turner Walker

On the passage of all the local bills, the yeas were 40, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 155 and HB 919, having received the requisite constitutional majority, were passed.

SB 155 and HB 919, having received the requisite constitutional majority, were passed by substitute.

SENATE RULES CALENDAR Thursday, March 2, 1989
THIRTY-FIFTH LEGISLATIVE DAY SR 159 Senate Quality of Work Life Study Committee--create (Gov Op--25th) SR 160 Senate Strategic Planning Study Committee--create (Gov Op--25th) HB 263 Department of Natural Resources Powers and Duties--include marinas as "pro
ject" (Nat R--20th) HB 145 Appropriations, 1989-90--provide (Substitute) (Approp--44th)

1418

JOURNAL OF THE SENATE

HB 581 Employment Security Law--redefine wages and computation date (I&L--45th) HB 758 Tollway Authority--sale of bonds and notes (Trans--1st) HB 472 Insurable Interest--corporation shall have in directors, employees (Ins--47th) HB 364 Workplace Hearing Conservation Program--hearing tests (I&L--45th) HB 76 Living Will--hospitalized, nursing home patient provisions (Judy--37th) HB 215 State-wide Planning and Development--facilitate, encourage (Substitute)
(Amendments) (Gov Op--33rd) HB 475 Joint Municipal Employees Benefit System--credit unions (Ret--18th) HB 258 Administrators, Executors--lawful aliens may act (S Judy--47th) HR 228 Creek Indian Trail Scenic Highway--designate (Trans--llth) HB 864 Actions Against Human Resources Department, Board--notice of pendancy
(Hum R--28th) HB 574 Water Treatment Plant Operator--continuing education for certain renewal
(Nat R--20th) HB 399 Alcoholic Beverage Sale--proper identification not include traffic citation (C
Aff--35th) HB 545 Liens--filing of notices (Judy--47th) HB 214 Labor Department--supplemental appropriation (Approp--44th) HB 531 Gopher Tortoise--designate official state reptile (Nat R--8th) HB 513 Insurers--variable annuity contracts to pension (Ins--37th) HB 606 Public School Teachers--health insurance (Ins--33rd) HR 99 Gordon County--conveyance of certain state property (Substitute) (Pub
U--51st) HB 345 Pollutant Discharge into State Waters--Department of Natural Resources adopt
rules (Substitute) (Nat R--20th) HB 129 State Parks, Historic Sites--reduced fees for disabled veterans (Substitute)
(Nat R--8th) HB 216 Casualty, Liability Insurers--provide certain information to claimant
(S Judy--28th) HB 608 Public School Employees' Health Insurance--coverage (Ins--33rd) HB 154 Buildings--state minimum standard codes (Substitute) (I&L--45th)
Respectfully submitted, /s/ Nathan 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 159. By Senator Kidd of the 25th: A resolution creating the Senate Quality of Work Life 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:

THURSDAY, MARCH 2, 1989

1419

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Bowen B/annon BCoulrltionns Coverdell rjeai Dean Echols Edge English

Engram Fincher Foster Fuller
Hammill Harris uHuggm s Johnson Kennedy Kidd Land Newbill Olmstead

Parker Peevy Perry Pollard
Ragan of 10th Ragan of 32nd tR> ay Scott of 2nd Starr Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Albert Broun
Cloalyeman Dawkins Garner

Gillis Howard
Langford McKenzie Phillips

Scott of 36th Shumake
Tate Timmons Walker

On the adoption of the resolution, the yeas were 40, nays 0.

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

SR 160. By Senator Kidd of the 25th: A resolution creating the Senate Strategic Planning 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:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton
Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill
Harris Howard Huggins Johnson Kennedy Kidd Land

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

1420

JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Clay Coleman
Langford

McKenzie Newbill Scott of 36th
Shumake

Tate Timmons Walker

On the adoption of the resolution, the yeas were 45, 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 263. By Representatives Rainey of the 135th, Smith of the 156th, Fennel of the 155th, Moody of the 153rd and Titus of the 143rd:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to include marinas within the definition of a project; to delete a reference to certain counties and municipalities; to delete a listing of specific counties in which the powers granted may be exercised.
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:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Collins Coverdell Deal Dean Echols Edge English

Engram Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Albert Clay Dawkins

Foster McKenzie Scott of 36th

Timmons Walker

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

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

THURSDAY, MARCH 2, 1989

1421

HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Hooks of the 116th, Smyre of the 92nd and Lawson of the 9th:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Appropriations offered the following substitute to HB 145:

A BILL

To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1989, and ending June 30, 1990; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties,
municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author
ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1989, and ending June 30, 1990, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ
ing unappropriated surplus, reserves and a revenue estimate of $6,720,000,000 for State Fis cal Year 1990.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch.......................... $19,778,888

Personal Services--Staff ...........................

$9,091,086

Personal Services--Elected Officials ....................... $2,849,115

Regular Operating Expenses............................. $2,467,900

Travel--Staff ............................................... $117,200

Travel--Elected Officials .................................. $7,000

Motor Vehicle Purchases .....................

$--0--

Equipment .................................................. $300,000

Computer Charges ................................ $400,000

Real Estate Rentals .......................................... $65,100

Telecommunications....................................... $673,000

Per Diem, Fees and Contracts--Staff ................ $428,259

Per Diem, Fees and Contracts--Elected Officials ........... $2,182,428

Photography............................................. $65,000

Expense Reimbursement Account..................... $1,132,800

Capital Outlay ........................................... $--0--

Total Funds Budgeted .................................. $19,778,888

State Funds Budgeted ..................................... $19,778,888

Senate Functional Budgets

Senate and Research Office
Lt. Governor's Office Secretary of the
Senate's Office
Total

Total Funds

$ 3,712,444

$

524,618

$

976,118

$ 5,213,180

State Funds

$ 3,712,444

$

524,618

$

976,118

$ 5,213,180

1422

JOURNAL OF THE SENATE

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

House Functional Budgets Total Funds

$ 7,679,679

$

385,506

$ 1,037,042

$ 9,102,227

Joint Functional Budgets

Total Funds

$ 1,874,005

$ 1,799,699

$

737,700

$ 1,052,077

$ 5,463,481

State Funds

$ 7,679,679

$

385,506

$ 1,037,042

$ 9,102,227

State Funds

$ 1,874,005

$ 1,799,699

$

737,700

$ 1,052,077

$ 5,463,481

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legis lative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits ................................ $13,442,616

THURSDAY, MARCH 2, 1989

1423

Operations Budget: Personal Services................................................ $11,554,362 Regular Operating Expenses......................................... $341,610 Travel ............................................................ $700,000 Motor Vehicle Purchases............................................. $11,000 Equipment ......................................................... $23,750 Per Diem, Fees and Contracts........................................ $25,500 Real Estate Rentals ................................................ $517,628 Computer Charges ................................................. $218,209 Telecommunications ................................................. $50,557 Total Funds Budgeted ........................................... $13,442,616 State Funds Budgeted ........................................... $13,442,616
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $4,080,027
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $4,617,723
Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $37,517,869 Operation of the Courts ......................................... $36,123,412 Prosecuting Attorneys' Council ...................................... $572,812 Sentence Review Panel ............................................. $122,660 Council of Superior Court Judges ..................................... $83,188 Judicial Administrative Districts ..................................... $600,797 Habeas Corpus Clerk ................................................ $15,000
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $350,594
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education ................. $462,500 Institute's Operations............................................... $337,000 Georgia Magistrate Courts Training Council .......................... $125,500
Section 8. Judicial Council. Budget Unit: Judicial Council....................................... $1,599,427 Council Operations ................................................. $580,564 Payments to Judicial Administrative Districts for Case Counting ................................................. $73,500 Board of Court Reporting ............................................ $29,723 Payment to Council for Magistrate Court Judges...................... $26,000 Payment to Council for Probate Court Judges ......................... $20,000 Payment to Council for State Court Judges............................ $10,000 Payment to Resource Center ........................................ $230,000 Payment to Computerized Information Network ...................... $629,640
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ........................ $109,550
PART III.
EXECUTIVE BRANCH
Section 10. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............... $27,502,386

1424

JOURNAL OF THE SENATE

Administration and Services Budget: Personal Services............................. Regular Operating Expenses................... Travel ...................................... Motor Vehicle Purchases...................... Equipment .................................. Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts ................. Rents and Maintenance Expense .............. Utilities ..................................... Payments to DOAS Fiscal Administration ...... Direct Payments to Georgia Building Authority for Capital Outlay.......................... Direct Payments to Georgia Building Authority for Operations ............................. Telephone Billings ........................... Materials for Resale .......................... Public Safety Officers Indemnity Fund ........ Health Planning Review Board Operations . . . . . Georgia Golf Hall of Fame Operation ... Authorities Liability Reserve Fund............ Grants to Counties .......................... Grants to Municipalities ...................... Total Funds Budgeted........................ State Funds Budgeted .......................

. $44,320,355 . . $9,712,215
. $338,500 . $426,000 $2,093,708 . $9,239,841 . . $3,410,064 . $898,105 ... $431,150 . $16,169,500 ..... $37,900 , $2,000,000
..... $--0--
$3,260,000 . $34,400,000
$13,000,000 $608,800 . . $40,000
. $30,000 ..... $--0-- . . $2,600,000
$4,200,000 $147,216,138 $27,502,386

Department of Administrative Services Functional Budgets

State Properties Commission
Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

Total Funds 407,161
5,641,618

$ 17,246,015

$ 12,666,455 $ 2,802,532

$

697,116

534,605 49,293,526 3,939,909 43,546,842 6,453,276
1,511,616 707,867
1,767,600 147,216,138

State Funds 407,161
5,611,553

$ 15,246,015

_0_ 2,802,532

$

--0--

$

534,605

$ 2,900,520

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$ 27,502,386

B. Budget Unit: Georgia Building Authority Georgia Building Authority Budget:

. . . $--0--

THURSDAY, MARCH 2, 1989

1425

Personal Services. ..................... Regular Operating Expenses ............ Travel ............................... Motor Vehicle Purchases. .............. Equipment ........................... Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts ......... Capital Outlay ........................ Utilities .............................. Contractual Expense .................. Fuel ................................. Facilities Renovations and Repairs . Total Funds Budgeted ................. State Funds Budgeted .................

Georgia Building Authority Functional Budgets

Total Funds

Grounds

$ 1,965,555

Custodial

$ 5,264,184

Maintenance

$ 5,140,693

Security

$ 5,234,133

Van Pool

$

331,385

Sales

$ 4,560,675

Administration

$ 10,788,251

Railroad Excursions

$

700,000

Facility Renovations

$

-- 0--

Total

$ 33,984,876

$20,038,669 ...... $4,704,744
. $22,750 ........ $238,500
...... $220,775 ........ $112,000 ......... $10,800 ........ $136,700 ........ $143,300 ......... $--0--
.... $8,166,638 ...... $190,000 ......... $--0-- ......... $--0-- ... $33,984,876
...... $--0--

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

--0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

C. Budget Unit: Agency for the Removal of Hazardous Materials. . ......... $--0--

Operations Budget:

Personal Services. .....................

...... $4,500,000

Regular Operating Expenses ...........

...... $3,996,000

Travel ...............................

...... $1,500,000

Motor Vehicle Purchases ...............

...... $175,000

Equipment ...........................

........ $700,000

Computer Charges ....................

......... $--0--

Real Estate Rentals ...............

... $--0--

Telecommunications ...................

......... $20,000

Per Diem, Fees and Contracts ..........

........ $800,000

Capital Outlay ........................

......... $--0--

Utilities ..............................

....... $--0--

Total Funds Budgeted .................

$11,691,000

State Funds Budgeted .................

......... $--0--

Section 11. Department of Agriculture. A. Budget Unit: Department of Agriculture
State Operations Budget: Personal Services...................... Regular Operating Expenses............ Travel ............................... Motor Vehicle Purchases............... Equipment ...........................

$33,603,184
$28,675,447 . $3,523,483 . . $876,524 . . . $480,842
$210,000

1426

JOURNAL OF THE SENATE

Computer Charges ................................................. $463,294

Real Estate Rentals ................................................ $851,763

Telecommunications ................................................ $401,619

Per Diem, Fees and Contracts ................................

$316,871

Market Bulletin Postage ............................................ $650,000

Payments to Athens and Tifton

Veterinary Laboratories ......................................... $2,252,767

Poultry Veterinary Diagnostic

Laboratories in Canton, Dalton,

Douglas, Oakwood, and

Statesboro ..................................................... $1,974,627

Veterinary Fees .................................................... $547,000

Indemnities......................................................... $91,000

Bee Indemnities..................................................... $60,000

Advertising Contract ............................................... $205,000

Payments to Georgia Agrirama

Development Authority for

Operations....................................................... $537,132

Renovation, Construction, Repairs

and Maintenance Projects at

Major and Minor Markets........................................ $200,000

Capital Outlay ...................................................... $--0--

Contract--Federation of

Southern Cooperatives ............................................. $60,000

Tick Control Program ............................................... $50,000

Poultry Indemnities ................................................ $100,000

Total Funds Budgeted ........................................... $42,527,369

State Funds Budgeted ........................................... $33,603,184

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry

$ 4,224,981 $ 3,875,981

Animal Industry

$ 6,984,025 $ 6,610,025

Marketing

$ 1,833,846 $ 1,796,592

General Field Forces

$ 3,721,544 $ 3,721,544

Internal Administration

$ 4,606,723 $ 4,536,060

Information and Education

$ 1,484,421 $ 1,484,421

Fuel and Measures

$ 2,934,660 $ 2,920,760

Consumer Protection Field Forces

$ 6,205,046 $ 4,766,334

Meat Inspection

$ 3,885,349 $ 1,291,191

Major Markets

$ 4,213,916 $

743,070

Seed Technology

$

391,652 $

--0--

Entomology and Pesticides

$ 2,041,206 $ 1,857,206

Total

$ 42,527,369 $ 33,603,184

B. Budget Unit: Georgia Agrirama Development Authority .......

$--0--

Georgia Agrirama Development Authority Budget:

Personal Services................................................... $595,229

Regular Operating Expenses......................................... $141,420

Travel .............................................................. $7,250

Motor Vehicle Purchases............................................. $--0--

Equipment .......................................................... $7,611

THURSDAY, MARCH 2, 1989

1427

Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications .................................................. $9,000 Per Diem, Fees and Contracts ........................................ $32,000 Capital Outlay ...................................................... $76,000 Goods for Resale ................................................... $120,000 Total Funds Budgeted .............................................. $988,510 State Funds Budgeted ............................................... $--0---

Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................... $5,942,500 Administration and Examination Budget: Personal Services. ................................................ $5,058,000 Regular Operating Expenses......................................... $233,000 Travel ......................................................... $290,000 Motor Vehicle Purchases............................................. $13,500 Equipment ......................................................... $17,000 Computer Charges .................................................. $80,000 Real Estate Rentals ................................................ $196,000 Telecommunications ................................................. $53,000 Per Diem, Fees and Contracts ......................................... $2,000 Total Funds Budgeted ............................................ $5,942,500 State Funds Budgeted ............................................ $5,942,500

Section 13. Department of Community Affairs. Budget Unit: Department of Community Affairs ...................... $7,468,312 State Operations Budget: Personal Services................................................. $4,958,380 Regular Operating Expenses......................................... $252,705 Travel ............................................................ $176,155 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $8,910 Computer Charges .................................................. $41,495 Real Estate Rentals ................................................ $435,062 Telecommunications ................................................. $66,500 Per Diem, Fees and Contracts ....................................... $118,020 Capital Felony Expenses ............................................. $50,000 Contracts with Area Planning and Development Commissions .................................. $1,400,000 Local Assistance Grants ............................................ $245,000 Appalachian Regional Commission Assessment ...................................................... $114,673 Community Development Block Grants (Federal) .............................................. $30,000,000 Juvenile Justice Grants (Federal) .................................................. $--0-- Grant--Richmond County ........................................... $--0-- Special Investment Grant ............................................ $--0--
Payment to Georgia Residential Finance Authority ................................................ $600,000
Payment to Georgia Environmental Facilities Authority for Operations....................................................... $400,490
Total Funds Budgeted ........................................... $38,867,390 State Funds Budgeted ............................................ $7,468,312

1428

JOURNAL OF THE SENATE

Department of Community Affairs Functional Budgets

Executive and Administrative
Technical Assistance
Community and Economic Development

Total Funds $ 3,667,806 $ 1,492,982
$ 32,269,977

State Funds 3,645,306 1,279,762
1,275,995

Intergovernmental Assistance

$ 1,126,338

956,962

Office of Rural Development Total

$

310,287

$ 38,867,390 $

310,287 7,468,312

Section 14. Department of Corrections.

A. Budget Unit: Administration, Institutions and Probation .......... $331,666,097

Personal Services............................................... $241,182,659

Regular Operating Expenses...................................... $31,320,024

Travel .......................................................... $1,356,304

Motor Vehicle Purchases.......................................... $1,382,000

Equipment ...................................................... $3,767,644

Computer Charges ................................................. $892,000

Real Estate Rentals .............................................. $3,083,000

Telecommunications .............................................. $2,438,358

Per Diem, Fees and Contracts ................................... $1,690,152

Capital Outlay ...................................................... $97,450

Utilities ......................................................... $9,701,515

Court Costs. ....................................................... $350,000

County Subsidy ................................................. $12,454,000

County Subsidy for Jails .......................................... $6,775,000

County Workcamp Construction

Grants ........................................................... $--0--

Grants for Local Jails .............................................. $200,000

Central Repair Fund ............................................... $750,000

Payments to Central State

Hospital for Meals ............................................. $3,262,000

Payments to Central State

Hospital for Utilities ........................................... $1,258,000

Payments to Public Safety

for Meals........................................................ $350,000

Inmate Release Fund ............................................. $1,125,000

Health Services Purchases ....................................... $15,548,832

Payments to MAG for Health

Care Certification ................................................. $50,000

University of Georgia--

Cooperative Extension

Service Contracts ................................................ $304,000

Minor Construction Fund ............................................ $--0--

Authority Lease Rentals ........................................... $200,000

Total Funds Budgeted .......................................... $339,537,938

Indirect DOAS Funding ............................................. $--0--

Georgia Correctional Industries ..................................

$--0--

State Funds Budgeted .......................................... $331,666,097

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support

$ 36,575,000 $ 240,691,000

$ 36,526,497 $ 239,184,000

THURSDAY, MARCH 2, 1989

1429

Probation Total

$ 62,271,938 $ 339,537,938

$ 55,955,600 $ 331,666,097

B. Budget Unit: Board of Pardons and Paroles ....................... $21,556,000 Board of Pardons and Paroles Budget: Personal Services................................................ $17,452,000 Regular Operating Expenses......................................... $540,000 Travel ............................................................ $524,000 Motor Vehicle Purchases............................................. $57,500 Equipment ......................................................... $75,000 Computer Charges ................................................. $125,000 Real Estate Rentals .............................................. $1,189,000 Telecommunications ................................................ $416,000 Per Diem, Fees and Contracts ....................................... $483,000 County Jail Subsidy ................................................ $694,500 Total Funds Budgeted ........................................... $21,556,000 State Funds Budgeted ........................................... $21,556,000

Section 15. Department of Defense.

Budget Unit: Department of Defense ........................

$5,477,345

Operations Budget:

Personal Services................................................. $8,043,669

Regular Operating Expenses....................................... $4,212,153

Travel ............................................................. $77,604

Motor Vehicle Purchases. ............................................ $41,500

Equipment ......................................................... $57,525

Computer Charges .................................................. $22,155

Real Estate Rentals .................................................. $5,760

Telecommunications ................................................ $154,276

Per Diem, Fees and Contracts ....................................... $196,500

Grants to Locals--Emergency

Management Assistance......................................... $1,044,200

Grants--Others ..................................................... $51,000

Georgia Military Institute

Grant ............................................................ $18,000

Civil Air Patrol Contract............................................. $42,000

Capital Outlay ................................................... $1,182,133

Grants to Armories .................................................. $66,315

Repairs and Renovations............................................ $180,000

Total Funds Budgeted ........................................... $15,394,790

State Funds Budgeted ............................................ $5,477,345

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General

$ 1,347,104 $ 1,268,752

Georgia Emergency Management Agency

$ 3,169,318 $

984,071

Georgia Air National Guard

$ 3,671,545 $

523,872

Georgia Army National Guard

$ 7,206,823 $ 2,700,650

Total

$ 15,394,790 $ 5,477,345

Section 16. State Board of Education--Department of Education. Budget Unit: Department of Education ........................... $2,405,830,465 Operations: Personal Services................................................ $40,036,602

1430

JOURNAL OF THE SENATE

Regular Operating Expenses....................................... $4,701,321 Travel .......................................................... $1,694,360 Motor Vehicle Purchases............................................. $91,783 Equipment ........................................................ $517,041 Computer Charges .............................................. $10,291,805 Real Estate Rentals .............................................. $2,411,867 Telecommunications ................................................ $793,133 Per Diem, Fees and Contracts .................................... $20,967,274 Utilities ........................................................... $870,888 Capital Outlay ...................................................... $--0-- QBE Formula Grants: Kindergarten/Grades 1--3 ...................................... $634,576,844 Grades 4--8 ................................................... $522,875,945 Grades 9--12 .................................................. $251,437,707 High School Laboratories ........................................ $76,226,518 Vocational Education
Laboratories .................................................. $79,994,409 Special Education .............................................. $182,331,025 Gifted.......................................................... $21,241,981 Remedial Education ............................................. $43,764,770 Staff Development ............................................... $6,359,828 Professional Development........................................ $16,566,300 Media.......................................................... $86,139,419 Indirect Cost .................................................. $460,712,024 Pupil Transportation ........................................... $111,694,382 Isolated Schools..................................................... $--0-- Local Fair Share .............................................. $(478,609,799) Other Categorical Grants: Equalization Formula........................................... $121,582,778 Sparsity Grants .................................................. $3,577,440 In School Suspension ................................................ $--0-- Special Instructional Assistance.................................... $1,000,000 Middle School Incentive ......................................... $19,087,834 Special Education Low--
Incidence Grants ................................................. $100,000 Non-QBE Grants:
Education of Children of LowIncome Families .............................................. $94,675,025
Retirement (H.B. 272 and H.B. 1321) ....................................... $2,100,000
Instructional Services for the Handicapped .............................................. $23,177,937
Removal of Architectural Barriers ......................................................... $888,439
Tuition for the Multi-Handicapped............................................. $1,975,000
Severely Emotionally Disturbed .................................. $30,701,113 School Lunch (Federal) ......................................... $113,396,789 School Lunch (State) ............................................ $23,095,897
Supervision and Assessment of Students and Beginning Teachers and PerformanceBased Certification ............................................. $6,441,255
Regional Education Service Agencies ............................................... $6,199,846
Georgia Learning Resources System ........................................................ $2,308,820

THURSDAY, MARCH 2, 1989

1431

High School Program................. Special Education in
State Institutions .................. Governor's Scholarships............... Special Projects ...................... Job Training Partnership Act ....... Vocational Research and
Curriculum ........................ Salaries and Travel of
Public Librarians .................. Public Library Materials .............. Talking Book Centers .............. Public Library M&O. .............. Grants to Local School Systems
for Educational Purposes ........... Child Care Lunch
Program (Federal) .............. Chapter II--Block Grant
Flow Through ..................... Payment of Federal Funds to
Postsecondary Vocational Education ......................... Innovative Programs.................. Technology Grants ................... Limited English--Speaking Students Program .................. Drug Free School (Federal) ........... Transistion Program for Refugees. ... Emergency Immigrant Education Program........................... Title II Math/Science Grant (Federal) ...................... Robert C. Byrd Scholarship (Federal) ......................... Total Funds Budgeted .............. Indirect DOAS Services Funding . . . . . State Funds Budgeted ...............

Education Functional Budgets

Total Funds

State Administration

3,819,540

Instructional Programs

15,626,348

Governor's Honors Program

1,109,908

Administrative Services

21,577,313

Evaluation and Personnel Development

19,355,592

Special Services

4,176,704

Professional Standards Commission

281,277

Professional Practices Commission

$

546,883

Local Programs

$ 2,627,104,423

. . $12,176,827
$3,386,952 $1,066,000 ...... $--0-- ... $3,084,680
. . . . . $366,540
$9,100,965 . . $4,556,416 .... $816,645 . . . $3,763,992
$78,000,000
$16,787,825
$10,026,258
. . . $11,701,897 $1,000,000 $1,000,000
$1,250,000 . . . . $2,700,000 ...... $100,000
...... $100,000
...... $345,900
... $154,000 . $2,709,480,497 ....... $--0-- . $2,405,830,465

State Funds $ 3,291,972 $ 8,416,723 $ 1,069,915 $ 16,505,631

$ 18,713,930 $ 2,758,717

$

281,277

$

546,883

$ 2,339,259,324

1432

JOURNAL OF THE SENATE

Georgia Academy for the Blind
Georgia School for the Deaf
Atlanta Area School for the Deaf
Total

$ 4,437,416 $ 6,841,892
$ 4,603,201 $ 2,709,480,497

$ 4,226,798 $ 6,565,551
$ 4,193,744 $ 2,405,830,465

Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System ............................ $--0--
Employees' Retirement System Budget: Personal Services................................................... $968,000 Regular Operating Expenses......................................... $125,000 Travel .............................................................. $8,000 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $7,000 Computer Charges ................................................. $289,000 Real Estate Rentals ................................................ $124,000 Telecommunications ................................................. $32,000 Per Diem, Fees and Contracts ....................................... $718,000 Benefits to Retirees ................................................. $--0-- Employer Contribution .............................................. $--0-- Total Funds Budgeted ............................................ $2,271,000 State Funds Budgeted ............................................... $--0--

Section 18. Forestry Commission. Budget Unit: Forestry Commission ................................. $35,494,000 State Operations Budget: Personal Services................................................ $27,529,337 Regular Operating Expenses....................................... $6,922,549 Travel ............................................................ $144,520 Motor Vehicle Purchases.......................................... $1,228,810 Equipment ...................................................... $2,860,173 Computer Charges ................................................. $154,806 Real Estate Rentals ................................................. $39,174 Telecommunications ................................................ $842,267 Per Diem, Fees and Contracts ....................................... $478,764 Contractual Research ............................................... $250,000 Payments to the University of Georgia, School of Forestry for Forest Research ............................................... $--0--
Ware County Grant for Southern Forest World ..................................................... $30,000
Ware County Grant for Road Maintenance...................................................... $60,000
Wood Energy Program .............................................. $30,500 Capital Outlay ..................................................... $551,000 Total Funds Budgeted ........................................... $41,121,900 State Funds Budgeted ........................................... $35,494,000

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation

$ 5,062,033 $ 1,876,993

Field Services

$ 33,776,647 $ 31,362,710

Wood Energy

$

30,500 $

30,500

THURSDAY, MARCH 2, 1989

1433

General Administration and Support
Total

$ 2,252,720 $ 2,223,797 $ 41,121,900 $ 35,494,000

Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ....................... $32,535,850 Operations Budget: Personal Services................................................ $23,106,000 Regular Operating Expenses....................................... $2,426,000 Travel ............................................................ $639,000 Motor Vehicle Purchases............................................ $529,650 Equipment ........................................................ $556,000 Computer Charges ............................................... $1,004,000 Real Estate Rentals .............................................. $1,785,200 Telecommunications .............................................. $1,947,000 Per Diem, Fees and Contracts ........................................ $43,000 Evidence Purchased ................................................ $500,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $32,535,850 Total State Funds Budgeted ..................................... $32,535,850

Georgia Bureau of Investigation Functional Budgets

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

Total Funds $ 2,975,700 $ 6,462,000 $ 10,347,650
$ 6,677,500 $ 6,073,000 $ 32,535,850

State Funds $ 2,975,700 $ 6,462,000 $ 10,347,650
$ 6,677,500 $ 6,073,000 $ 32,535,850

Section 20. Office of the Governor. Budget Unit: Office of the Governor ................................ $19,877,598 Personal Services................................................. $9,018,730 Regular Operating Expenses......................................... $476,338 Travel ............................................................ $185,775 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $55,834 Computer Charges ................................................. $148,637 Real Estate Rentals ................................................ $648,661 Telecommunications ................................................ $210,395 Per Diem, Fees and Contracts .................................... $32,017,776 Cost of Operations ............................................... $2,869,258 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $2,500,000 Intern Stipends and Travel ......................................... $162,000 Art Grants of State Funds ........................................ $2,850,000 Art Grants of Non-State Funds...................................... $331,600 Humanities Grant--State Funds ...................................... $50,000 Art Acquisitions--State Funds ....................................... $40,000 Children's Trust Fund Grants ....................................... $900,000 Children and Youth Grants ......................................... $100,000 Juvenile Justice Grants ........................................... $1,262,925 Payments to Hazardous Waste Management Authority ........................................... $125,000

1434

JOURNAL OF THE SENATE

Total Funds Budgeted. State Funds Budgeted .

Office of the Governor Functional Budgets

Total Funds

Governor's Office

$ 5,571,258

Office of Fair Employment Practices

825,398

Office of Planning and Budget

4,581,830

Council for the Arts Office of Consumer Affairs

3,913,150 2,059,457

State Energy Office

32,368,572

Vocational Education Advisory Council
Office of Consumers' Utility Council

328,623 632,426

Criminal Justice Coordinating Council

688,920

Juvenile Justice Coordinating Council

1,511,722

Commission on Children and Youth
Growth Strategies Commission

1,393,474 --0--

Human Relations Commission

118,099

Total

53,992,929

$53,992,929 $19,877,598

State Funds $ 5,571,258

$

755,398

$ 4,581,830

$ 3,396,150

$ 2,059,457

$

316,581

$

139,063

$

632,426

$

443,140

$

470,722

$ 1,393,474 $

$

118,099

$ 19,877,598

Section 21. Department of Human Resources. A. Budget Unit: Departmental Operations........................... $454,677,307
1. General Administration and Support Budget: Personal Services................................................ $55,414,764 Regular Operating Expenses....................................... $3,182,795 Travel .......................................................... $1,507,950 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $225,230 Computer Charges ............................................... $2,391,243 Real Estate Rentals .............................................. $5,136,644 Telecommunications .............................................. $1,115,306 Per Diem, Fees and Contracts ..................................... $2,568,280 Utilities ........................................................... $329,440 Postage ......................................................... $1,221,961 Capital Outlay ...................................................... $--0--
Institutional Repairs and Maintenance..................................................... $116,700
Payments to DMA-- Community Care ............................................... $8,893,100
Service Benefits for Children ..................................... $12,596,000 Special Purpose Contracts .......................................... $236,000 Purchase of Service Contracts .................................... $35,914,845 Total Funds Budgeted .......................................... $130,850,258 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted ........................................... $61,921,104

THURSDAY, MARCH 2, 1989

1435

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative AppealsI

$

771,073 $

771,073

$ 1,795,199 $ 1,393,692

Administrative Policy, Coordination, and Direction
Personnel
Indirect Cost
Facilities Management Public Affairs
Community/ Intergovernmental Affairs
Budget Administration
Financial Services
Auditing Services

$

326,408 $

326,408

$ 1,744,098 $ 1,698,795

$

--0-- $ (5,733,440)

$ 5,087,138 $ 3,555,443

$

554,906 $

554,906

$

509,726 $

509,726

$ 1,651,125 $ 1,651,125

$ 5,215,469 $ 5,215,469

$ 2,032,754 $ 2,032,754

Special Projects
Office of Children and Youth
Planning Councils
Community Services Block Grant

$

524,000 $

524,000

$ 12,596,000 $ 12,003,358

$

486,128 $

141,615

$ 9,087,446 $

Regulatory Services-- Program Direction and Support

$

813,435 $

736,086

Child Care Licensing Laboratory Improveme:nt Health Care Facilities
Regulation Compliance MonitoringK Radiological Health Fraud and Abuse
Child Support Recoveryy
Support Services Aging Services

$ 2,481,709 $ 2,471,709

$

818,811 $

484,910

$ 3,973,605 $ 1,128,504

$

413,294 $

413,294

$

827,918 $

612,543

$ 5,624,333 $

278,404

$ 22,039,463 $ 3,345,713

$ 11,109,667 $ 11,109,667

$ 39,068,172 $ 15,446,969

State Health Planning and Development Agjency
Total 2. Public 1 th Budget: Personal Serviicces. ................. Regular Op iting Expenses ........ Travel .... Motor Vehi Purchases ........... Equipment Computer Chairges ................ entals ............... ;ations ...............

$ 1,298,381 $ 130,850,258

$ 1,248,381 $ 61,921,104

...... $46,667,426 ..... $54,374,226 ....... $1,224,215
.... $--0--
........ $454,313 ......... $614,432 ........ $943,460 ......... $715,305

1436

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 ...... Crippled Children Benefits ....... Kidney Disease Benefits ......... Cancer Control Benefits ......... Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants Family Planning Beinefits ....... Grant-In-Aid to Counties ..... Purchase of Service CCcontracts . Special Purpose Contriacts ..... Total Funds Budgeted ......... Indirect DOAS Serv/ices Funding State Funds Budgeted ........

Public Health Functional Budgets

Total Funds

Director's Office

$

802,840

Employees' Health

$

361,012

Health Program Management Vital Records

$ 1,232,541 $ 1,838,763

Health Services Research

$

725,388

Primary Health Care
Stroke and Heart Attack Prevention

$

789,505

$ 2,029,849

Epidemiology

$ 1,908,569

Immunization
Sexually Transmitted Diseases

$

581,923

1,487,737

Community Tuberculosis Center

1,414,114

Family Health Management

11,377,378

Infant and Child Health

10,436,941

Maternal Health--Perinatal

2,655,059

Family Planning

10,782,234

Malnutrition

55,779,663

Dental Health

1,742,829

Children's Medical Services

12,063,355

Chronic Disease

1,405,655

Diabetes

687,808

Cancer Control

4,012,737

Environmental Health

968,603

$3,538,066 . $--0-- . . $111,851 . $624,000
$4,936,795
$2,055,000 $7,456,223 . . $400,000 $2,766,470

.... $2,291,549 ........ $518,060 ..... $66,256,784
$11,909,888 . $6,400,500 .... $214,258,563 ......... $--0--
. . $125,179,085

State Funds

$

802,840

$

301,012

$ 1,147,541

$ 1,701,437

$

725,388

$

724,935

$ 1,499,849

$

912,998

$

-- 0--

$

260,057

1,414,114 5,424,846 9,280,148
901,997 5,954,394

1,532,654 9,829,293 1,405,655
687,808 3,951,335
479,831

THURSDAY, MARCH 2, 1989

1437

Laboratory Services

5,240,283 $ 5,120,283

Emergency Health

2,921,856 $ 1,861,356

District Health Administration

10,157,321 $ 10,157,321

Newborn Follow-Up Care

899,203 $

708,938

Sickle Cell, Vision and Hearing

3,451,790 $ 2,961,790

High-Risk Pregnant Women and Infants

4,414,448

4,414,448

Grant in Aid to Counties

53,987,000

47,311,112

Community Health Management

495,233

389,948

Community Care Aids

$ 2,952,259 $ 4,654,667

1,171,722 2,144,035

Total

$ 214,258,563

125,179,085

3. Rehabilitation Services Budget:

Personal Services................................................ $63,503,460

Regular Operating Expenses....................................... $9,849,338

Travel ............................................................ $803,163

Motor Vehicle Purchases............................................ $119,000

Equipment ........................................................ $351,573

Computer Charges ............................................. $1,728,383

Real Estate Rentals .............................................. $2,902,171

Telecommunications ........................................... $1,420,350

Per Diem, Fees and Contracts ..................................... $4,440,877

Utilities ........................................................... $977,500

Capital Outlay ...................................................... $--0--

Postage ........................................................... $425,050

Institutional Repairs

and Maintenance................................................. $242,500

Case Services ................................................... $16,157,000

E.S.R.P. Case Services ............................................ $52,000

Special Purpose Contracts .......................................... $609,000

Purchase of Services Contracts .................................... $6,635,900

Total Funds Budgeted .......................................... $110,217,265

Indirect DOAS Services Funding ..................................... $--0--

State Funds Budgeted ........................................... $22,876,045

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support

$ 3,672,974 $ 1,369,165

Grants Management

$

690,631 $

552,125

State Rehabilitation Facilities

$ 7,917,233 $ 1,583,447

Roosevelt Warm Springs Institute

$ 17,674,690 $ 4,332,682

Georgia Factory for the Blind

$ 13,083,862 $

617,587

Disability Adjudication

$ 23,518,398 $

-- 0--

Production Workshop

$

852,515 $

--0--

District Field Services

$ 34,973,578 $ 7,529,930

1438

JOURNAL OF THE SENATE

Independent Living Sheltered Employment

$

498,890 $

$ 1,443,494 $

293,890 706,219

Community Facilities Bobby Dodd Workshop

$ 5,470,850 $ 5,470,850

$

420,150 $

420,150

Total

$ 110,217,265 $ 22,876,045

4. Family and Children Services Budget:

Personal Services. ...........................

. . . . . $14,318,519

Regular Operating Expenses ..................

. $1,517,729

Travel .....................................

........ $398,244

Motor Vehicle Purchases .....................

......... $--0--

Equipment .................................

........ $146,816

Computer Charges ..........................

$16,108,654

Real Estate Rentals .........................

........ $226,365

Telecommunications .........................

$1,156,500

Per Diem, Fees and Contracts ................

...... $5,300,480

Utilities ....................................

.......... $9,100

Postage ....................................

...... $1,461,435

Cash Benefits ...............................

.... $287,148,267

Grants to County DFACS--

Operations. ...............................

$193,112,908

Service Benefits for Children .................

. . . . . $47,192,489

Special Purpose Contracts ...................

. . . $3,442,000

Purchase of Service Contracts ................

...... $2,260,000

Total Funds Budgeted .......................

.... $573,799,506

Indirect DOAS Services Funding .............

...... $--0--

State Funds Budgeted ...................................... . . . $244,701,073

Family and Children Services Functional Budgets

Total Funds

State Funds

Refugee Benefits

$ 1,329,923 $

-- 0--

AFDC Payments
SSI--Supplemental Benefits
Energy Benefits
County DFACS OperationsSocial Services
County DFACS OperationsEligibility
County DFACS OperationsJoint and Administration

$ 276,621,244

$

100

$ 10,051,000

$ 53,008,199

$ 83,754,989

$ 47,323,915

$ 104,393,676

$

100

$

-- 0--

$ 8,621,902

$ 41,804,957

$ 22,588,482

County DFACS Operations-- Homemakers Services
Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance

$ 6,678,495 $ 6,678,495

$ 2,425,000 $

-- 0--

$

849,922 $

849,922

$ 4,392,571 $ 3,692,478

$ 3,942,842 $ 3,942,842

$ 4,585,593 $ 2,139,213

Management Information Systems

$ 18,857,167 $ 9,338,112

Social Services

$ 2,375,549 $ 2,375,549

THURSDAY, MARCH 2, 1989

1439

Indirect Cost

(6,446,271)

Employability Benefits

$ 2,318,389

1,908,631

Legal Services

$ 2,000,000

2,000,000

Family Foster Care

$ 19,986,700

13,361,111

Institutional Foster Care

$ 2,877,500

2,363,073

Specialized Foster Care

$

791,500

619,059

Adoption Supplement

$ 3,319,700

2,394,758

Day Care

$ 18,365,300

15,865,300

Home Management--Contracts

$

158,000

158,000

Outreach--Contracts

$

776,500

776,500

Special Projects

1,141,500 $ 1,113,431

Program Support

3,385,598 $ 2,920,598

County DFACS Operations-- Employability Program

2,482,310 $ 1,241,155

Total

$ 573,799,506 $ 244,701,073

Budget Unit Object Classes:

Personal Services............................................... $179,904,169

Regular Operating Expenses. ..................................... $68,924,088

Travel .......................................................... $3,933,572

Motor Vehicle Purchases............................................ $119,000

Equipment ...................................................... $1,177,932

Computer Charges .............................................. $20,842,712

Real Estate Rentals .............................................. $9,208,640

Telecommunications .............................................. $4,407,461

Per Diem, Fees and Contracts .................................... $15,847,703

Utilities ......................................................... $1,316,040

Postage ......................................................... $3,220,297

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 ........................................... $624,000

Kidney Disease Benefits ............................................ $400,000

Cancer Control Benefits .......................................... $2,766,470

Benefits for Medically Indigent

High-Risk Pregnant Women and

Their Infants .................................................. $2,291,549

Family Planning Benefits ........................................... $518,060

Grant-In-Aid to Counties ........................................ $66,256,784

Payments to DMA-Community Care ............................... $8,893,100

Service Benefits for Children ..................................... $59,788,489

Case Services .................................................. $16,157,000

E.S.R.P. Case Services ............................................... $52,000

Cash Benefits .................................................. $287,148,267

Grants for County DFACS--

Operations................................................... $193,112,908

Institutional Repairs

and Maintenance................................................. $359,200

Special Purpose Contracts ....................................... $10,687,500

Purchase of Service Contracts .................................... $56,720,633

1440

JOURNAL OF THE SENATE

B. Budget Unit: Community Mental Health/

Mental Retardation Youth

Services and

Institutions............................................... . $472,199,121

Departmental Operations:

Personal Services........................................... $369,599,592

Regular Operating Expenses................................. . $34,350,302

Travel .................................................... . . $1,063,560

Motor Vehicle Purchases.................................... ... $574,700

Equipment ................................................ . . $3,529,007

Computer Charges ......................................... ..... $4,776,811

Real Estate Rentals ........................................ ....... $867,900

Telecommunications ........................................ . $2,998,350

Per Diem, Fees and Contracts ............................... ..... $5,882,070

Utilities ................................................... . . $13,668,100

Capital Outlay ............................................. ....... $522,300

Authority Lease Rentals .................................... .... $2,451,904

Institutional Repairs and

Maintenance ............................................. ... $2,990,700

Grants to County-Owned

Detention Centers ........................................ ..... $2,222,850

Substance Abuse

Community Services ......................................

$34,253,538

Mental Retardation

Community Services ......................................

$84,836,193

Mental Health

Community Services ...................................... . . . . $12,541,109

Community Mental Health

Center Services ..........................................

$44,340,000

Special Purpose Contract ................................... . . . . . $1,424,600

Service Benefits for Children ................................ . $2,427,689

Purchase of Service Contracts ............................... ...... $498,000

Total Funds Budgeted ...................................... $625,819,275

Indirect DOAS Services Funding ............................ ........ $--0--

State Funds Budgeted ...................................... . $472,199,121

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Southwestern State Hospital

Total Funds $ 37,084,800

State Funds $ 24,880,178

Georgia Retardation Center

$ 31,423,288 $ 15,620,922

Georgia Mental Health Institute

$ 27,579,400 $ 25,097,423

Georgia Regional Hospital at Augusta

$ 21,956,229 $ 18,289,354

Northwest Regional Hospital at Rome

$ 28,504,847 $ 21,765,334

Georgia Regional Hospital at Atlanta

$ 29,003,547 $ 23,324,987

Central State Hospital

$ 123,681,370 $ 84,684,315

Georgia Regional Hospital at Savannah

$ 23,463,327 $ 20,540,076

Gracewood State School and Hospital

$ 44,445,000 $ 24,093,900

THURSDAY, MARCH 2, 1989

1441

West Central Georgia Regional Hospital
Outdoor Therapeutic Program
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

$ 21,756,219 $ 17,070,594 $ 3,134,860 $ 2,979,860
$ 8,823,300 $ 8,732,180
$ 4,730,232 $ 2,778,465
$ 65,549,143 $ 37,813,143 $ 12,216,409 $ 11,453,486

$

616,000 $

601,754

$

438,850 $

438,850

$ 1,181,000 $ 1,181,000

$ 44,340,000 $ 37,420,065

$

378,100 $

378,100

$ 1,665,600 $ 1,411,500

$

280,600 $

280,600

$

324,700 $

324,700

$ 3,346,100 $ 3,346,100

$ 14,500,500 $ 14,500,500

$

76,900 $

76,900

$ 9,289,000 $ 8,258,681

$ 17,958,138 $ 17,544,138

$ 10,130,700 $ 9,761,600

$ 6,849,700 $ 6,778,000

$ 3,875,700 $ 3,757,800

$ 3,708,400 $ 3,607,300

$ 12,147,773 $ 12,147,773

$ 2,683,354 $ 2,683,354

$

925,100 $

925,100

$

658,500 $

658,500

$ 3,762,489 $ 3,662,489

674,500 $

674,500

$

396,000 $

396,000

$ 2,259,600 $ 2,259,600

1442

JOURNAL OF THE SENATE

Total

$ 625,819,275 $ 472,199,121

Section 22. Department of Industry and Trade. Budget Unit: Department of Industry and Trade .................... $18,202,426 State Operations Budget: Personal Services................................................. $7,220,559 Regular Operating Expenses....................................... $1,683,941 Travel ............................................................ $349,445 Motor Vehicle Purchases............................................. $34,880 Equipment ......................................................... $72,287 Computer Charges ................................................. $134,342 Real Estate Rentals ................................................ $635,968 Telecommunications ................................................ $252,450 Per Diem, Fees and Contracts ....................................... $297,370 Local Welcome Center Contracts .................................... $230,000 Advertising and Cooperative Advertising .................................................... $5,401,184 Georgia Ports Authority Authority Lease Rentals ........................................ $2,745,000 Historic Chattahoochee Commission Contract.............................................. $80,000 Atlanta Council for International Visitors .............................................. $25,000 Waterway Development in Georgia .......................................................... $50,000 Georgia Music Week Promotion ...................................... $35,000 Georgia World Congress Center Operating Expenses ............................................... $--0-- Contract--Georgia Association of Broadcasters ................................................... $53,000 Southern Center for International Studies .............................................. $25,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $19,325,426 State Funds Budgeted ........................................... $18,202,426

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development

$ 6,512,658 $ 5,702,658 $ 4,964,060 $ 4,791,060

Tourism

$ 7,848,708 $ 7,708,708

Total

$ 19,325,426 $ 18,202,426

Section 23. Department of Insurance. Budget Unit: Department of Insurance. ............................. $10,694,749 Operations Budget: Personal Services................................................. $9,530,046 Regular Operating Expenses......................................... $517,900 Travel ............................................................ $309,000 Motor Vehicle Purchases............................................ $139,900 Equipment ......................................................... $30,200 Computer Charges ................................................. $413,900 Real Estate Rentals ................................................ $515,100 Telecommunications ................................................ $207,600 Per Diem, Fees and Contracts ........................................ $50,500

THURSDAY, MARCH 2, 1989

1443

Total Funds Budgeted. State Funds Budgeted .

Department of Insurance Functional Budgets

Total Funds

Internal Administration

1,977,600

Insurance Regulation

4,252,646

Industrial Loans Regulation

581,300

Fire Safety and Mobile Home Regulations

4,902,600

Total

11,714,146

Section 24. 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

$ 7,913,025

Administrative Services

$ 16,199,190

Employment and Training Services

$ 117,769,330

Total

$ 141,881,545

Section 25. 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 .........

$11,714,146 $10,694,749

State Funds

$ 1,977,600

$ 4,122,646

$

581,300

$ 4,013,203 $ 10,694,749

.... $6,316,491
. $58,587,198 . . $6,455,700
$830,400 ..... $--0-- . . . . $450,109 .. $3,540,150 . . $1,305,727
$1,423,695
$63,102,011 .... $889,999 ... $--0-- . . $1,774,078 .. $3,522,478 $141,881,545 . . $6,316,491

State Funds 261,954
1,480,069
4,574,468 6,316,491
. . $8,196,457
$7,334,384 . . $414,072 . . $132,000 ... $--0-- . . $31,680 . . $203,321 . . $413,900
$88,000 . . . $60,000 . . $110,000 $8,787,357

1444

JOURNAL OF THE SENATE

State Funds Budgeted .......................................... $8,196,457

Section 26. Department of Medical Assistance. Budget Unit: Medicaid Services ................................... $543,462,527 Departmental Operations Budget: Personal Services................................................ $11,688,032 Regular Operating Expenses......................................... $498,086 Travel ............................................................ $190,500 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $61,727 Computer Charges .............................................. $12,528,544 Real Estate Rentals ................................................ $935,973 Telecommunications ................................................ $392,900 Per Diem, Fees and Contracts .................................... $19,869,556 Medicaid Benefits, Penalties and Disallowances ........................................... $1,495,425,707 Payments to Counties for Mental Health ................................................ $29,684,864 Audit Contracts .................................................... $772,500 Total Funds Budgeted ......................................... $1,572,048,389 State Funds Budgeted .......................................... $543,462,527

Medical Assistance Functional Budgets

Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total

Total Funds $ 1,236,007 $ 24,132,875 $ 14,918,911 $ 2,522,360 $ 4,127,665
$ 1,525,110,571 $ 1,572,048,389

State Funds

$

534,706

$ 3,456,270

$ 4,122,593

$

405,430

$ 1,651,381

$ 533,292,147 $ 543,462,527

Section 27. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration .................. $--0-- Departmental Operations Budget: Personal Services................................................. $6,920,231 Regular Operating Expenses....................................... $1,021,388 Travel ............................................................. $71,000 Equipment ......................................................... $54,270 Computer Charges ............................................... $2,845,767 Real Estate Rentals ................................................ $754,119 Telecommunications ................................................. $87,000 Per Diem, Fees and Contracts .................................... $42,004,735 Health Insurance Payments ..................................... $482,058,513 Total Funds Budgeted .......................................... $535,817,023 Agency Assessments .............................................. $9,047,319 Employee and Employer Contributions ................................................ $526,695,960 Deferred Compensation .............................................. $73,744 State Funds ........................................................ $--0--

Applicant Services

Merit System Functional Budgets Total Funds
$ 2,452,243

State Funds

$

--0--

THURSDAY, MARCH 2, 1989

1445

Classification and Compensation
Flexible Benefits
Employee Training and Development
Health Insurance Administration
Health Insurance Claims
Internal Administration
Commissioner's Office
Total

1,097,351 $ 1,179,170 $
1,256,597 $
13,274,638 $ 513,132,328 $
1,911,332 $ 1,513,364 $ 535,817,023 $

--0--
--0-- --0-- --0-- --0-- --0--

Section 28. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .................... $68,903,955
Operations Budget: Personal Services................................................ $54,515,867 Regular Operating Expenses...................................... $10,714,150 Travel ............................................................ $492,100 Motor Vehicle Purchases.......................................... $1,451,159 Equipment ...................................................... $1,581,004 Computer Charges ................................................. $649,603 Real Estate Rentals .............................................. $1,687,930 Telecommunications .............................................. $1,080,300 Per Diem, Fees and Contracts ..................................... $1,598,690
Land and Water Conservation Grants .......................................................... $900,000
Recreation Grants .................................................. $540,000 Contract with U. S. Geological
Survey for Ground Water Resources Survey ................................................ $300,000
Contract with U.S. Geological Survey for Topographic Maps ..................................... $125,000
Capital Outlay--Repairs and Maintenance............................................... $2,029,000
Capital Outlay--Shop Stock-- Parks ........................................................... $350,000
Capital Outlay-Heritage Trust....................................... $225,000 Authority Lease Rentals .......................................... $1,100,000 Cost of Material for Resale ....................................... $2,203,000
Payments to Lake Lanier Islands Development Authority ............................................ $--0--
Contract--Special Olympics, Inc. ............................................................. $206,000
Georgia Sports Hall of Fame ......................................... $50,000 Capital Outlay--Heritage
Trust--Wildlife Management Area Land Acquisition ............................................ $485,000 Capital Outlay--User Fee Enhancements--Parks .......................................... $1,848,000 Capital Outlay--Buoy Maintenance ...................................................... $20,000 Capital Outlay--Consolidated Maintenance--Game and Fish ..................................... $351,744 Technical Assistance Contract ....................................... $125,000 Capital Outlay ..................................................... $100,000

1446

JOURNAL OF THE SENATE

Contract--Georgia Rural

Water Association ................................................. $10,000

Contract--Corps of Engineers

(Cold Water Creek St. Park) .......................

$200,000

Advertising and Promotion .......................................... $150,000

Payments to Georgia Agricultural

Exposition Authority ........................................... $2,152,100

Historic Preservation Grant ......................................... $275,000

Environmental Facilities Grant .................................... $2,500,000

Georgia Boxing Commission ........................................... $7,000

Lanier Regional Committee .......................................... $13,000

Paving at State Parks and

Historic Sites .................................................... $500,000

Grant--Chehaw Park Authority ..................................... $250,000

Grant--Zoo Atlanta ................................................ $250,000

Total Funds Budgeted ........................................... $91,035,647

Receipts from Jekyll Island

State Park Authority ............................................. $314,594

Receipts from Stone Mountain

Memorial Association ............................................. $315,000

Indirect DOAS Funding ............................................. $--0--

State Funds Budgeted ........................................... $68,903,955

Department of Natural Resources Functional Budgets

Internal Administration Game and Fish Parks, Recreation and
Historic Sites Environmental Protection Coastal Resources Total

Total Funds $ 7,689,563 $ 26,254,981
$ 34,039,962 $ 21,374,395 $ 1,676,746 $ 91,035,647

State Funds $ 7,059,969 $ 22,662,595
$ 19,803,334 $ 17,786,311 $ 1,591,746 $ 68,903,955

B. Budget Unit: Georgia Agricultural Exposition Authority ................ $--0-- Operations Budget: Personal Services................................................... $838,059 Regular Operating Expenses......................................... $677,552 Travel ............................................................. $25,000 Motor Vehicle Purchases. ............................................ $77,900 Equipment ........................................................ $295,280 Computer Charges ................................................... $5,814 Real Estate Rentals .................................................. $2,400 Telecommunications .................................................. $9,600 Per Diem, Fees and Contracts....................................... $220,495 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ............................................ $2,152,100 State Funds Budgeted ............................................... $--0--

Functional Budget

Georgia Agricultural Exposition Authority

Total Funds $ 2,152,100

State Funds

$

--0--

Section 29. Department of Public Safety. A. Budget Unit: Department of Public Safety ........................ $75,600,779

THURSDAY, MARCH 2, 1989

1447

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

Total Funds

Administration

$ 15,918,160

Driver Services

$ 15,583,980

Field Operations

$ 44,098,639

Total

$ 75,600,779

$56,487,894 $8,676,209 . $141,000 $2,069,000 . . . $724,781 $4,224,364 .... $45,018 $1,311,813 . . $239,100 . . . $225,000
. . . $200,000 . $275,000 . . $981,600 $75,600,779 .... $--0-- $75,600,779
State Funds
15,918,160
15,583,980
44,098,639
75,600,779

B. Budget Unit: Units Attached for Administrative Purposes Only

$13,527,208

1. Attached Units Budget:

Personal Services ................................................ $6,637,132

Regular Operating Expenses....................................... $2,361,826

Travel ............................................................ $134,000

Motor Vehicle Purchases............................................. $61,870

Equipment ........................................................ $158,183

Computer Charges ................................................. $363,312

Real Estate Rentals ................................................. $92,687

Telecommunications ................................................ $159,000

Per Diem, Fees and Contracts ..................................... $1,049,800

Peace Officers Training Grants .................................... $2,672,323

Capital Outlay ...................................................... $--0--

Total Funds Budgeted ........................................... $13,690,133

State Funds Budgeted ........................................... $13,205,133

2. Office of Highway Safety Budget:

Personal Services. .................................................. $427,065

Regular Operating Expenses.......................................... $29,600

Travel ............................................................. $13,000

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $--0--

Computer Charges .................................................. $40,000

Real Estate Rentals ................................................. $69,988

Telecommunications .................................................. $5,000

Per Diem, Fees and Contracts ........................................ $18,800

Highway Safety Grants ........................................... $3,500,000

Total Funds Budgeted ............................................ $4,103,453

State Funds Budgeted .............................................. $322,075

1448

JOURNAL OF THE SENATE

Attached Units Functional Budgets

Total Funds

Office of Highway Safety

$ 4,103,453

Georgia Peace Officers Standards and Training

$ 4,620,786

Police Academy
Fire Academy
Georgia Firefighters Standards and Training Council

$

910,177

$ 1,153,515

$

410,155

Organized Crime Prevention Council

$

286,078

Georgia Public Safety Training Facility
Total

$ 6,309,422 $ 17,793,586

Section 30. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ..... Departmental Operations Budget: Payments to Employees' Retirement System ....................... Employer Contributions .................... Total Funds Budgeted ...................... State Funds Budgeted ......................

Section 31. Public Service Commission. Budget Unit: Public Service Commission ....... Departmental 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 ......................

Public Service Commission Functional Budgets

Total Funds

Administration

$ 1,546,644

Transportation

$: 2,996,871

Utilities

$ 4,410,585

Total

$i 8,954,100

Section 32. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ...........
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. .............. Sponsored Operations ....................

State Funds

$

322,075

$ 4,620,786

$

890,177

$ 1,073,515

$

410,155

$

286,078

$ 5,924,422 $ 13,527,208

. . . . $13,915,342

..... $291,342 . . . . $13,624,000 ... $13,915,342
. . $13,915,342
..... $7,547,760
. . . $6,115,454 ....... $397,378 ....... $244,460 ........ $59,491 ....... $153,148 ....... $331,000 ....... $288,369 ...... $114,800 . . . . . $1,250,000 ..... $8,954,100 ..... $7,547,760

State Funds $ 1,546,644 $ 1,713,671 $ 4,287,445 $ 7,547,760
. . . $720,439,250

. . . $754,497,699 . . . $110,000,000

THURSDAY, MARCH 2, 1989

1449

Operating Expenses: Educ., Gen., and Dept. Svcs................................... $201,753,911 Sponsored Operations ........................................ $125,000,000
Special Funding Initiative........................................ $10,000,000 Office of Minority
Business Enterprise .............................................. $340,820 Special Desegregation Programs ..................................... $372,545 Foresty Research ................................................... $300,000 Research Consortium ................................................ $--0-- Eminent Scholars Program ........................................... $--0-- Capital Outlay ...................................................... $--0-- Total Funds Budgeted ......................................... $1,202,264,975 Departmental Income............................................ $29,000,000 Sponsored Income.............................................. $235,000,000 Other Funds ................................................... $217,825,725 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted .......................................... $720,439,250 B. Budget Unit: Regents Central Office and Other
Organized Activities ........................................... $140,687,732 Regents Central Office and Other
Organized Activities Budget: Personal Services:
Educ., Gen., and Dept. Svcs. .................................. $184,723,138 Sponsored Operations ......................................... $62,160,402 Operating Expenses: Educ., Gen., and Dept. Svcs. ................................... $83,595,517 Sponsored Operations ......................................... $31,207,812 Fire Ant and Environmental Toxicology Research .............................................. $270,780 Agricultural Research............................................. $1,779,143 Advanced Technology Development Center............................................ $1,311,000 Capitation Contracts for Family Practice Residency ...................................... $2,655,750 Residency Capitation Grants ...................................... $2,506,660 Student Preceptorships ............................................. $158,000 Center for Rehabilitation Technology ...................................................... $702,352 SREB Payments ................................................ $12,521,000 Medical Scholarships ............................................... $789,750 Regents Opportunity Grants ........................................ $600,000 Regents Scholarships ............................................... $200,000 Rental Payments to Georgia Military College .................................................. $818,346 CRT Inc. Contract at Georgia Tech Research Institute ................................................ $211,000 Total Funds Budgeted .......................................... $386,210,650 Departmental Income................................................ $--0-- Sponsored Income............................................... $91,421,109 Other Funds ................................................... $154,101,809 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted .......................................... $140,687,732

1450

JOURNAL OF THE SENATE

Regents Central Office and Other Organized Activities Functional Budgets

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute
Georgia Tech Research Institute
Engineering Extension Division
Agricultural Experiment Station
Cooperative Extension Service
Eugene Talmadge Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office
Total

Total Funds
$ 1,848,688 $ 3,557,302 $ 1,512,780 $ 110,958,622 $ 6,112,190 $ 49,516,200 $ 47,695,355 $ 129,626,862 $ 2,907,963 $ 2,329,680 $ 5,677,035 $ 1,947,105 $ 2,374,707 $ 20,146,161 $ 386,210,650

State Funds

$ 1,172,780

$ 1,493,984

$

917,080

$ 12,469,522

$ 2,141,590

$ 33,151,323

$ 32,295,355

$ 27,794,835

$ 2,907,963

$

496,680

$ 5,677,035

$

-- 0--

$

23,424

$ 20,146,161

$ 140,687,732

C. Budget Unit: Georgia Public Telecommunications Commission Public Telecommunications Commission Budget: Personal Services .................... Operating Expenses ................. Total Funds Budgeted .............. Other Funds ........................ State Funds Budgeted ............

...... $6,291,298
...... $5,283,017 ...... $5,555,258 ..... $10,838,275 ...... $4,546,977 ...... $6,291,298

Section 33. Department of Revenue. Budget Unit: Department of Revenue . Operations Budget: Personal Services .................... Regular Operating Expenses .......... Travel ............................ Motor Vehicle Purchases. ........... Equipment ......................... Computer Charges ................. Real Estate Rentals ................ Telecommunications ................ Per Diem, Fees and Contracts ....... County Tax Officials/Retirement and PICA ......................

... $70,024,337
..... $43,793,076 ..... $3,692,600
... $1,339,000 ........ $105,600 ........ $461,892 ... $7,964,608
.... $2,676,452 ........ $718,000 ..... $215,050
...... $1,904,000

THURSDAY, MARCH 2, 1989

1451

Grants to Counties/Appraisal Staff .......................
Motor Vehicle Tags and Decals.

Total Funds Budgeted.......... Indirect DOAS Services Funding State Funds Budgeted ..........

Department of Revenue Functional Budgets

Total Funds

Departmental Administration

4,451,323

Internal Administration

9,787,623

Electronic Data Processing

2,934,865

Field Services

14,976,017

Income Tax Unit

7,894,010

Motor Vehicle Unit

14,952,699

Central Audit Unit

6,189,999

Property Tax Unit

4,374,466

Sales Tax Unit

463,335

Total

70,024,337

Section 34. Secretary of State. Budget Unit: Secretary of State ... Personal Services................ Regular Operating Expenses..... Travel ......................... Motor Vehicle Purchases........ Equipment .................... Computer Charges ............. Real Estate Rentals ............. Telecommunications ............ Per Diem, Fees and Contracts ... Election Expenses .............. Total Funds Budgeted .......... State Funds Budgeted ..........

Secretary of State Functional Budgets

Total Funds

Internal Administration

$ 2,909,429

Archives and Records

$ 4,957,780

Business Services and Regulation

4,254,727

Elections and Campaign Disclosure

1,158,484

Drugs and Narcotics

909,735

State Ethics Commission

188,021

Occupational Certification

6,767,621

Total

21,145,797

$1,430,000 . $2,750,000
$2,974,059 $70,024,337 .... $-0-
$70,024,337

State Funds
4,451,323
9,787,623
2,934,865
14,976,017
7,894,010
14,952,699
6,189,999
4,374,466
463,335
70,024,337
$21,145,797 $13,574,045 . $2,721,900 . . $235,200 . . . $146,403
$122,756 . . . $738,842
$2,242,319 . . . $274,476
$589,856 . $500,000 $21,145,797 $21,145,797

State Funds 2,909,429 4,957,780

$ 4,254,727

$ 1,158,484

$

909,735

$

188,021

$ 6,767,621

$ 21,145,797

1452

JOURNAL OF THE SENATE

Occupational Certification Functtiioonntail Budgets

Board

Costs

S.B. of Accountancy

$

40,500

S.B. of Architects

$

113,000

S.B. of Athletic Trainers

$

800

Georgia Auctioneers Commission

$

5,750

S.B. of Barbers

$

23,380

G.B. of Chiropractic Examiners

$

28,500

State Construction Industry Licensing Board

$

122,500

S.B. of Cosmetology

$

49,500

G.B. of Dentistry

$

63,750

G.B. of Examiners of Licensed Dieticians

$

10,000

S.B. of Professional Engineers and Land Surveyors

$

88,300

S.B. of Registration for Foresters

$

3,800

S.B. of Funeral Services

$

26,000

S.B. of Registration for Professional Geologists

$

6,800

S.B. of Hearing Aid Dealers and Dispensers

$

8,500

G.B. of Landscape Architects

$

21,600

S.B. for the Certification of Librarians

$

3,965

Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists

$

16,000

Composite S.B. of Medical Examiners

$

115,000

S.B. of Nursing Home Administrators

$

16,000

G.B. of Nursing

$

79,000

S.B. of Dispensing Opticians

$

10,500

S.B. of Examiners in Optometry

$

20,000

S.B. of Occupational Therapy

$

10,000

S.B. of Pharmacy

$

84,500

S.B. of Physical Therapy

$

17,000

S.B. of Podiatry Examiners S.B. of Polygraph Examiners

$

7,500

$

7,000

Cost of

Operations

$

216,474

$

251,417

$

3,397

$

48,597

$

165,726

$

122,250

$

637,275

$

896,635

$

306,785

$

18,144

$

391,463

$

29,406

$

188,170

$

16,994

$

21,671

$

31,217

$

20,966

$

113,073

$ 1,193,058

$

41,555

$ 1,081,927

$

38,664

$

47,369

$

18,900

$

541,543

$

70,530

$

21,129

$

30,669

THURSDAY, MARCH 2, 1989

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 of Veterinary Medicine
S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis
Total

55,500 15,000 21,500 8,500 7,500 15,000
13,850 45,000
12,100 1,200,595

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 ................. Telecommunications ................. Per Diem, Fees and Contracts ..... Total Funds Budgeted ............... State Funds Budgeted ...............
Real Estate Commission Functional Budget

Real Estate Commission

State Funds 1,515,168

Section 35. 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 .....................

1453
592,702
315,722
59,859 21,048
29,894
203,990
49,920 81,987
182,652 8,114,358 . $1,515,168
$845,449 . $139,235 . . . . $12,000 . . . . $16,734 . . . . $10,330 . . $234,920
. $108,500 . $47,000
. $101,000 . $1,515,168
$1,515,168
Cost of Operations
1,555,168
. $1,742,371
. . $796,158 . . $119,206 . . . . $55,000 .... $--0-- . . . . $11,516 . . . . . $6,635 . . . . $44,660 . . . . $15,500 . . . $155,300

1454

JOURNAL OP THE SENATE

County Conservation Grants ........................................ $538,396 Total Funds Budgeted ............................................ $1,742,371 State Funds Budgeted ............................................ $1,742,371

Section 36. Student Finance Commission. Budget Unit: Student Finance Commission .......................... $19,909,394 Administration Budget: Personal Services................................................. $3,905,774 Regular Operating Expenses......................................... $373,300 Travel ............................................................. $65,800 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $19,395 Computer Charges ................................................. $285,000 Telecommunications ................................................ $125,000 Per Diem, Fees and Contracts ........................................ $17,500 Payment of Interest and Fees ....................................... $381,625 Guaranteed Educational Loans .................................... $3,810,000 Tuition Equalization Grants...................................... $12,978,227 Student Incentive Grants ......................................... $5,020,320 Law Enforcement Personnel Dependents' Grants ............................................... $42,000 North Georgia College ROTC Grants.................................................... $108,000 Osteopathic Medical Loans.......................................... $200,000 Georgia Military Scholarship Grants .......................................................... $407,000 Paul Douglas Teacher Scholarship Loans................................................ $454,300 Total Funds Budgeted ........................................... $28,193,241 State Funds Budgeted ........................................... $19,909,394

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$ 4,791,769 $

--0--

Higher Education Assistance Corporation

$

381,625 $

381,625

Georgia Student Finance Authority

$ 23,019,847 $ 19,527,769

Total

$ 28,193,241 $ 19,909,394

Section 37. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................... $3,677,500 Departmental Operations Budget: Personal Services................................................. $2,664,000 Regular Operating Expenses......................................... $271,212 Travel ............................................................. $26,000 Equipment ......................................................... $14,275 Computer Charges ................................................. $981,516 Real Estate Rentals ................................................ $309,375 Telecommunications ................................................. $87,500 Per Diem, Fees and Contracts....................................... $336,000 Cost-of-Living Increases for Local Retirement System Members .................................... $2,800,000 Floor Fund for Local Retirement Systems ........................................... $877,500

THURSDAY, MARCH 2, 1989

1455

Post Retirement Benefit Increases for Retirees ...................................
Total Funds Budgeted.......................... State Funds Budgeted ....................................

..... $--0-- . $8,367,378 . $3,677,500

Section 38. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education . . Department of Technical and Adult Education Budget: Personal Services......................................... Regular Operating Expenses............................... Travel ................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. 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

Total Funds

Administration

$ 7,020,274

Institutional Programs

$ 121,768,951

Total

$ 128,789,225

$114,438,768
. $3,332,560 ... $311,213 .... $105,000 ..... $--0-- .... $25,100 . . $1,803,216 ... $380,000 ... $56,185 . . $1,007,000 . $70,874,168
$11,490,029 ..... $--0-- . . $4,784,000 . $26,297,539 . $2,669,535 . $5,653,680 $128,789,225 $114,438,768
State Funds
5,150,619
109,288,149
114,438,768

Section 39. Department of Transportation.

Budget Unit: Department of Transportation ................ ........ $481,410,285

For Public Roads and Bridges, for Grants to Counties for Road Construction

and Maintenance, and for other transportation activities.

Departmental Operations Budget:

Personal Services.......................................

$218,587,619

Regular Operating Expenses.............................

. $52,590,244

Travel ................................................

. $1,718,000

Motor Vehicle Purchases ...............................

.. $1,020,000

Equipment ............................................

. $5,086,095

Computer Charges .....................................

. . $4,251,229

Real Estate Rentals ....................................

. . $1,357,789

Telecommunications ....................................

.. $1,940,320

Per Diem, Fees and Contracts ...........................

. $9,235,041

Capital Outlay .........................................

$439,947,607

Grants to Counties .....................................

. . $9,317,013

Grants to Municipalities ................................

. $9,317,000

Capital Outlay--Airport

Approach Aid and Operational

Improvements .......................................

$1,250,000

Capital Outlay--Airport

Development. ........................................

. $1,270,000

Mass Transit Grants ...................................

$10,395,426

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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 Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Total 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 $ 530,877,226 $ 217,098,526 $ 8,209,064 $ 9,317,013 $ 20,817,610 $ 786,319,439
Total Funds $ 9,317,000

$

750,000

$ 1,654,274

$ 14,984,097

$ 1,263,500

$

--0--

$ 27,968,871

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.................. Operating Expense/Payments to Medical College of Georgia .......... Regular Operating Expenses for Projects and Insurance .............. Total Funds Budgeted.................... State Funds Budgeted ....................

. . . . . $1,263,500

........ $--0-- . . . . $45,741,427
$814,288,310 . $481,410,285

State Funds

$ 229,954,505

$ 206,021,908

$ 7,548,964

$ 9,317,013

$ 20,157,610

$ 473,000,000

State Funds

$

317,000

$

750,000

$ 1,154,274

$ 4,925,511

$ 1,263,500

$

--0--

$ 8,410,285

$19,032,981
. $4,524,537 . . $111,080
$89,000 .... $--0--
$67,100 .... $6,500
$223,102 ... $60,000 . . . . $16,700 .... $--0--
$12,428,613
. $5,538,200
$259,000 $23,323,832 $19,032,981

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1457

Veterans Service Functional Budgets

Total Funds

Veterans Assistance

$ 5,047,419

Veterans Home and Nursing Facility--Milledgeville

$ 12,629,213

Veterans Nursing Home--Augusta

$ 5,647,200

Total

$ 23,323,832

State Funds 4,819,611
$ 9,898,170
4,315,200 19,032,981

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 .......................................

$7,693,502
$6,163,932 ... $297,625 .... $65,250 ..... $--0-- ..... $21,715 . . . . $328,305
$608,000 $103,695 ... $179,980 . . $7,768,502 $7,693,502

Section 42. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund (Issued)...................................... B. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund (New) .......................................

$300,876,706 . $27,063,800

Section 43. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 44. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.

Section 45. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.

Section 46. Provisions Relative to Section 6, Juvenile Courts. The appropriations in

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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 16, State Board of Education-Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,425.10. 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 $600,000 for FY 1990.
From the Appropriations in Section 16, funds in the amount of up to $452,000 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 1990 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated mem ber system to contribute at least the same equivalent amount during SFY 1990 that it con tributed during SFY 1989.
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 50. Provisions Relative to Section 21, 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 65.37% of the standards of need; such

THURSDAY, MARCH 2, 1989

1459

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
$ 229 347 414 488 559 606 656 696 733 784 839

Maximum Monthly Amount
$ 150 227 271 319 365 396 429 455 479 513 548

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 1990 that was authorized in fiscal year 1987.

Provided that the Department of Human Resources is authorized and directed to use any available funds for the purpose of increasing the per diem rates paid to intermediate care facilities.

Section 51. Provisions Relative to Section 27, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $158.21 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 1990 shall not exceed ten and one-quarter percent (10.25%).

Section 52. Provisions Relative to Section 28, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 28 (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 28.

From the appropriation in Section 28 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 28, 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 53. Provisions Relative to Section 29, Department of Public Safety. The Police Academy is to expend funds for the purposes of the Coroner's Training Courses.

Section 54. Provisions Relative to Section 32, Board of Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capi tal Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.

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Section 55. Provisions Relative to Section 33, Department of Revenue. From the ap propriation in Section 33 (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 56. Provisions Relative to Section 38, Department of Technical and Adult Ed ucation. None of the State funds appropriated in Section 38 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 57. Provisions Relative to Section 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 departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 58. In addition to all other appropriations for the State fiscal year ending June 30, 1990, 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 $8,070,000 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 ($7,950,000 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 59. 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

THURSDAY, MARCH 2, 1989

1461

sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 60. 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 61. 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 62. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
Section 63. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 64. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 65. 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 66. 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-

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JOURNAL OF THE SENATE

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 67. (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 1989 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 Representative of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation 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 68. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combina tion of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.

Section 69. 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 70. Provisions Relative to Section 42 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amounts of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed sixty months:

Project/Purpose

Principal Amount

Debt Service

THURSDAY, MARCH 2, 1989

1463

Equipment and Furnishings at Southeastern Technical Institute

$ 2,415,000 $

Equipment for Hayes Correctional Institute

2,000,000

Equipment for High School Vocational Laboratories

1,440,000

B.) Maturities not to exceed two-hundred forty months:

Project/Purpose

Principal Amount

Game and Fish Land Acquisition

15,000,000

Public Library Construction

14,700,000

Regional Reservoir Land Acquisition

6,000,000

Telfair C.I. Support Facilities

3,555,000

Buford C.I. Support Facilities

2,650,000

Women's Probation Detention Center

2,555,000

Replacement of Steam Systems at Central State Hospital

2,080,000

Replacement of Steam Systems at Northwest Regional Hospital

2,000,000

Construction of a Secure Treatment and Detention Center at Milledgeville YDC

1,835,000

Local School Construction

73,215,000

Advanced Incentive Funding for Local School Construction

40,000,000

Specialized Care Unit at Medical College of Georgia

37,000,000

Hazardous Waste Dump

1,000,000

Construction of Facilities at Alto C.I.

13,125,000

Manufacturing Research Center at Ga. Institute of Technology

4,500,000

Facility for Herty Foundation

4,200,000

Cottages for Augusta and Milledgeville YDC

3,580,000

Clayton Regional Youth Development Center

3,030,000

Auditorium and Classrooms at Augusta YDC

1,645,000

Facilities at Pickens, Walker and Upson Technical Institute

1,590,000

Section 71. Delayed Hiring Factor by Department.

Dept. of Agriculture

$

-- 0--

Dept. of Corrections "A"

$

-- 0--

579,600 480,000 345,600
Debt Service 1,650,000 1,617,000 660,000 391,050 291,500 281,050 228,800 220,000
201,850 8,053,650
4,400,000
4,070,000 110,000
1,443,750 495,000 462,000 393,800
333,300 180,950 174,900

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Dept. of Corrections "B"

$

-- 0--

Dept. of Defense

$

--0--

Dept. of Human Resources "A"

$

--0--

Dept. of Human Resources "B"

$

--0--

Georgia Insurance Comm.

$

--0--

Merit System of Pers. Admin.

$

--0--

Dept. of Natural Resources

$

--0--

Dept. of Public Safety "A"

$

--0--

Dept. of Public Safety "B"

$

-- 0--

Public Service Commission

$

--0--

Secretary of State

$

--0--

Dept. of Veterans Services

$

--0--

Workers' Compensation Board

$

--0--

Section 72. Adjustment to Salaries and Benefits. In addition to all other appropria tions for the State Fiscal Year ending June 30, 1990, there is hereby appropriated $60,374,058 for the purposes described herein: 1.) $1,725,000 is appropriated for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System; 2.) $7,240,000 for an increase in the State Health Benefit Plan employee contribution rate of .4% (5.9% to 6.3%) for teachers; 3.) $25,316,058 for 2.25% of the 10.25% employee contri bution to the State Health Benefit Plan for State agencies; and 4.) $26,093,000 for the State's contribution to the School Service Personnel State Health Benefit Plan and the Prior Retired Teachers Health Benefit Plan.

Section 73. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1990 .......................................... $6,720,000,000

Section 74. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 75. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th offered the following amendment:

Amend the substitute to HB 145 offered by the Senate Committee on Appropriations by reducing the state funds budgeted for the Department of Human Resources B. Budget Unit: Community Mental Health Mental Retardation Youth Services and Institutions on page 31 line 26 in Section 21 the figure "$472,199,121" and replacing it with the figure "$471,799,121";
By removing the figure on page 32 line 7 "$2,990,700" and replacing it with the figure "$2,590,700";
By removing the figure on page 32 line 21 "$625,819,275" and replacing it with the figure "$625,419,275";
By removing the figure on page 32 line 23 "$472,199,121" and replacing it with the figure "$471,799,121";
By removing the figure on page 32 line 27 "$37,084,800" and replacing it with the figure "$37,059,800";
By removing the figure on page 32 line 27 "$24,880,178" and replacing it with the figure "$24,855,178";
By removing the figure on page 32 line 28 "$31,423,288" and replacing it with the figure "$31,398,288";

THURSDAY, MARCH 2, 1989

1465

By removing the figure on page 32 line 28 "$15,620,922" and replacing it with the figure "$15,595,922";
By removing the figure on page 32 line 30 "$27,579,400" and replacing it with the figure "$27,554,400";
By removing the figure on page 32 line 30 "$25,097,423" and replacing it with the figure "$25,072,423";
By removing the figure on page 32 line 32 "$21,956,229" and replacing it with the figure "$21,936,299";
By removing the figure on page 32 line 32 "$18,289,354" and replacing it with the figure "$18,269,354";
By removing the figure on page 32 line 34 "$28,504,847" and replacing it with the figure "$28,464,847";
By removing the figure on page 32 line 34 "$21,765,334" and replacing it with the figure "$21,725,334";
By removing the figure on page 33 line 2 "$29,003,547" and replacing it with the figure "$28,983,547";
By removing the figure on page 33 line 2 "$23,324,987" and replacing it with the figure "$23,304,987";
By removing the figure on page 33 line 3 "$123,681,370" and replacing it with the figure "$123,521,370";
By removing the figure on page 33 line 3 "$84,684,315" and replacing it with the figure "$84,524,315";
By removing the figure on page 33 line 5 "$23,463,327" and replacing it with the figure "$23,448,327";
By removing the figure on page 33 line 5 "$20,540,076" and replacing it with the figure "$20,525,076";
By removing the figure on page 33 line 7 "$44,445,000" and replacing it with the figure "$44,395,000";
By removing the figure on page 33 line 7 "$24,093,900" and replacing it with the figure "$24,043,900";
By removing the figure on page 33 line 9 "$21,756,219" and replacing it with the figure "$21,736,219";
By removing the figure on page 33 line 9 "$17,070,594" and replacing it with the figure "$17,050,594";
By removing the figure on page 34 line 22 "$625,819,275" and replacing it with the figure "$625,419,275";
By removing the figure on page 34 line 22 "$472,199,121" and replacing it with the figure "$471,799,121"; and
By adding to the state funds budgeted for the Department of Human Resources B. Budget Unit: Community Mental Health Mental Retardation Youth Services and Institu tions on page 31 line 26 in Section 21 the figure "$472,199,121" and replacing it with the figure "$472,599,121";
By removing the figure on page 31 line 28 "$369,599,592" and replacing it with the figure "$369,999,592";
By removing the figure on page 32 line 21 "$625,819,275" and replacing it with the figure "$626,219,275";

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By removing the figure on page 32 line 23 "$472,199,121" and replacing it with the figure "$472,599,121";
By removing the figure on page 33 line 3 "$123,681,370" and replacing it with the figure "$124,081,370";
By removing the figure on page 33 line 3 "$84,684,315" and replacing it with the figure "$85,084,315";
By removing the figure on page 34 line 22 "$625,819,275" and replacing it with the figure "$626,219,275";
By removing the figure on page 34 line 22 "$472,199,121" and replacing it with the figure "$472,599,121".

On the adoption of the amendment, the yeas were 2, nays 31, and the amendment was lost.

On the adoption of the substitute, the yeas were 37, nays 4, 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 Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Fuller

Kidd

Hammill

Scott of 2nd

Not voting was Senator Walker.

On the passage of the bill, the yeas were 51, nays 4.

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

Senator Starr of the 44th moved that HB 145 be immediately transmitted to the House.

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1467

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 145 was imme diately transmitted to the House.

The following resolution of the Senate was read and adopted:

SR 212. By Senator Kidd of the 25th:
A resolution recognizing Very Special Arts Georgia and commending Mr. William Russell "Rusty" Redfern.

Senator Kidd of the 25th introduced William Russell "Rusty" Redfern of Stone Moun tain, Georgia, who uses his feet to accomplish his artistic interests in photography, drawing and ceramics since he is a congential double arm amputee.

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

SB 297. By Senator Allgood of the 22nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by cer tain offices.

Senator Allgood of the 22nd moved that the Senate adhere to its disagreement to the House substitute to SB 297, and that a Conference Committee be appointed.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 297.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Allgood of the 22nd, Dawkins of the 45th and Foster of the 50th.

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

HB 581. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the definition of the term "wages"; to change the definition of the term "computation date" with re spect to the rate of employer contributions in special cases.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Brannon

Broun Burton Clay Collins

Coverdell Dawkins Deal Dean

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Echols Edge English Engram
JF:omsctenrer
Gillis Hammill Howard Huggins

Johnson Kennedy Kidd Land
LnaO. nlmgfs.oteradd, Parker Peevy Perry Pollard

Ragan of 32nd Scott of 2nd Scott of 36th Shumake
SS,,,ttuarmrb, augh, Tate Taylor Turner Tysinger

Those voting in the negative were Senators:

Albert Harris

Ragan of 10th Ray

Timmons

Those not voting were Senators:

Barker Bowen Coleman

Garner McKenzie Newbill

Phillips Walker

On the passage of the bill, the yeas were 43, nays 5.

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

HB 758. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Part 2 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to revenue bonds of the State Tollway Authority, so as to permit the obtaining of loans and the sale of bonds and notes under conditions to be established by the authority.
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 Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford

McKenzie Newbill Olmstead Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Stumbaugh Taylor Timmons Turner Tysinger

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1469

Those voting in the negative were Senators:

Coverdell

Shumake

Tate

Scott of 36th

Those not voting were Senators:

Bowen English Garner

Phillips Pollard

Starr Walker

On the passage of the bill, the yeas were 45, nays 4.

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

HB 472. By Representative Groover of the 99th:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insur ance, so as to provide that any corporation shall have an insurable interest in the lives of any of its directors, officers, and employees and that trusts providing benefits to employees shall have an insurable interest in the lives of any such employees.
Senate Sponsor: Senator Johnson of the 47th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun B.urton CCloalyeman Collins
Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Hammill Hflrrls , HHouwggairnds Johnson
Kennedy Kidd Langford McKenzie Newbill Olmstead

Parker Peevy Perry Ragan of iQth Ragan of 32nd Ray Scott rf 2nd Scott of 36th S,,,humak, e Stumbaugh
Tate Tavlr Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Garner

Land Phillips

Pollard Starr

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

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

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 180. By Senators Deal of the 49th and Barker of the 18th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relat ing to the place of detention of a child; to provide for limitations thereon; to provide for transfers; to provide for notices, practices, and procedures; to provide for time limits; to provide for definitions; to provide an effective date.

The House amendment was as follows:

Amend SB 180 by striking from line 3 of page 1 the following: "provisions", and inserting in lieu thereof the following: "provisions". By striking from line 11 of page 3 the following: "juvenile court", and inserting in lieu thereof the following: "superior court".

Senator Deal of the 49th moved that the Senate agree to the House amendment to SB 180.

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 Clay Coleman Collins Coverdell Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

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

Those not voting were Senators:

Dawkins Langford

Phillips Pollard

Taylor

THURSDAY, MARCH 2, 1989

1471

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 180.

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

HB 364. By Representatives Byrd of the 153rd, Green of the 106th and Watson of the 114th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to authorize the performance of hearing tests by a technician as part of a workplace hearing con servation program.
Senate Sponsor: Senator Dawkins of the 45th.

Senator Dawkins of the 45th offered the following amendment:

Amend HB 364 as follows:
Strike the period "." at the end of line 19, page 1, and insert a comma "," in lieu thereof; and add the following language after the comma:
"provided that the technician who performs audiometric tests must be responsible to a licensed audiologist or physician".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

English Engram Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Fincher Fuller

Garner

Taylor

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 52, nays 0.

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

HB 76. By Representatives Selman of the 32nd, Childers of the 15th, Richardson of the 52nd, Thomas of the 69th and Chambless of the 133rd:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to change the provisions with respect to the addi tional witness required when a living will is signed in a hospital or skilled nursing facility.
Senate Sponsor: Senator Clay of the 37th.

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
Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Garner Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker

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

Those not voting were Senators:

Fuller Hammill

McKenzie

Walker

On the passage of the bill, the yeas were 52, nays 0.

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

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

HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.

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1473

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 269, 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 269.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Walker of the 43rd and Olmstead of the 26th.
Senator Bowen of the 13th introduced the doctor of the day, Dr. H. Gordon Davis, Jr., of Sylvester, Georgia.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th: A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.
The House amendments were as follows:
Amendment No. 1:
Amend SB 84 by adding the following word and symbol "authority;" on line 18 of page 1 the following:
"to provide for suspension, revocation or modification of permits when successors in title to permit holders are not in compliance with the approved erosion and sediment con trol plan or applicable statutes, ordinances, resolutions, rules or regulations as to all or a portion of the land affected by the approved plan; to provide that holders of permits shall notify their successors in title of the conditions contained in the permits;"
By redesignating Sections 8 through 11 as Sections 9 through 12, respectively. By adding following line 10 of page 7 a new Section 8 to read as follows: "Section 8. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-7-11 relating to the suspension, revocation or modification of permits, and inserting in lieu thereof a new subsection (b) of Code Section 12-7-11 to read as follows: "(b) The permit may be suspended, revoked, or modified by the issuing authority, as to all or any portion of the land affected by the plan, upon a finding that the holder or his successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his successor in title is in violation of this chapter or any ordinance, resolution, rule, or regulation adopted or promulgated pursuant to this chapter. A holder of a permit shall notify any successor in title to him as to all or any portion of the land af fected by the approved plan, of the conditions contained in the permit."
Amendment No. 2:
Amend SB 84 as follows:
Add a new subsection (f) after line 2, page 6, to read: "(f) Except in case of an emergency, the issuing authority shall give a permittee 72 hours to correct an alleged violation."

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Amendment No. 3:
Amend SB 84 as follows: On page 8, lines 10-11, strike new language and insert: "or single family residences which are not a part of a larger project."
Amendment No. 4:
Amend SB 84 by adding on page 2, line 6, after the word "land" the following: "Agriculture is exempt from this Act as defined in paragraph (5) of Section 9."
Amendment No. 5:
Amend SB 84 as follows: Delete on page 5, line 28, the figure "$10,000" and insert the figure "$3,000".
Amendment No. 6:
Amend SB 84 on page 7, line 22, by striking the number "$5,000.00" and inserting in lieu thereof "$2,000.00".
Amendment No. 7:
Amend SB 84 by adding at the end of line 2, page 6, the following: "this subsection shall not apply unless there is in effect an ordinance or statute specifi cally providing for hearing and judicial review of any determination or order of the issuing authority with respect to alleged permit violations".
Senator Barnes of the 33rd moved that the Senate disagree to the House amendments to SB 84.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 84.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th and others: A bill to amend the Official Code of Georgia Annotated, so as to provide a frame work to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose. Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Governmental Operations offered the following substitute to HB 215:
A BILL To be entitled an Act to amend the Official Code of Georgia Annotated, so as to provide a framework to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for state ments of legislative intent and public purpose; to provide for definitions; to amend Chapter

THURSDAY, MARCH 2, 1989

1475

12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to create the Governor's Development Council; to provide for the membership, functions, pow ers, and responsibilities of the Governor's Development Council; to provide for certain pow ers of the Governor; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise exten sively the provisions relating to the Department of Community Affairs and the Board of Community Affairs; to provide the powers, duties, responsibilities, and functions of the de partment, the commissioner, and the board; to provide for the membership of the board; to provide for the promulgation of rules, regulations, procedures, standards, and guidelines; to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to area planning and development commissions, so as to revise extensively the provisions relating to area planning and development commissions; to create and establish regional development centers; to provide for membership, dues, powers, duties, functions, and re sponsibilities of regional development centers; to provide for the succession of area planning and development commissions by regional development centers; to amend Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations, so as to provide for the powers, duties, and responsibilities of local governments with regard to com prehensive and coordinated planning and participation in regional development centers; to amend Article 1 of Chapter 2 of Title 12, relating to the general provisions regarding the Department of Natural Resources, so as to provide for the powers, duties, and responsibili ties of the Department of Natural Resources with regard to the development and implemen tation of minimum land use standards to protect the natural resources, environment, and vital areas of the state; to amend the Official Code of Georgia Annotated so as to delete references to area planning and development commissions and change such references to regional development centers; to make editorial revisions; to provide for other matters rela tive to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1.1. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by adding a new Article 6 to read as follows:
"ARTICLE 6
45-12-200. Coordinated and comprehensive planning by all levels of government within the State of Georgia is of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting coordinated and comprehensive planning by all levels of government. This article is intended to provide for the coordination of planning, at the direction of the Governor, by departments, agencies, commissions, and other institutions of the state, and this article shall be liberally construed to achieve that end.
45-12-201. As used in this article, the term:
(1) 'Council' means the Governor's Development Council.
(2) 'Planning' means the process of determining actions which state agencies shall take.
(3) 'State agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.
45-12-202. The Governor's Development Council is created in the office of the Governor.
45-12-203. (a) The Governor shall serve ex officio as chairman of the council.
(b) Membership on the council shall be determined as follows: the Commissioner of Agriculture, the commissioner of community affairs, the State School Superintendent, the commissioner of human resources, the commissioner of industry and trade, the Commis sioner of Labor, the commissioner of natural resources, the commissioner of technical and adult education, the commissioner of transportation, the commissioner of corrections, the

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chancellor of the Board of Regents of the University System of Georgia, the director of the Office of Planning and Budget, the executive director of the Georgia Environmental Facili ties Authority, the commissioner of revenue, the executive director of the State Soil and Water Conservation Commission, and the director of the Georgia Forestry Commission shall serve ex officio.
(c) The Governor may, from time to time, appoint, in the Governor's discretion, addi tional members of the council, but the number of such additional members shall not exceed three at any one time. Each such member shall be the head of a state agency. Any such member shall serve only for a term designated by the Governor.
(d) The council shall hold meetings as often as the Governor determines, but not less than once during each calendar month. The Governor as chairman may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. The Governor and eight members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate. The Governor may establish, from time to time, such additional rules and procedures as the Governor deems appropriate for conducting the council's business. These rules and procedures may be estab lished in bylaws or in such other form as the Governor deems appropriate.
45-12-204. The council, at the direction of the Governor and subject to this article, shall perform the following functions:
(1) Coordinate, supervise, and review planning by state agencies. This shall include, but shall not be limited to, coordination of long-range planning and coordination of the location and construction of public facilities on the basis of state, regional, and local considerations identified in the comprehensive state-wide plan developed by the Governor with the assis tance of the Department of Community Affairs; and
(2) Establish procedures for, and take action to require, communication and coordina tion among state agencies in any respect which the council deems necessary or appropriate in order to further the coordination of planning by state agencies.
45-12-205. The Governor shall have the power to engage, appoint, or designate such staff or assistance for the council as the Governor may deem necessary or appropriate to assist the council in the exercise and performance of its duties.
45-12-206. All state agencies and all counties, municipalities, or other political subdivi sions of the state, regional development centers, and other public agencies or public authori ties shall have the power and authority to take all actions which may be necessary or appro priate to respond to inquiries and requests from the council, to cooperate with the council in carrying out its duties, and otherwise to take any action which the Governor or the council may direct or require in carrying out their duties under this article.
45-12-207. The provisions of this article shall not be construed so as to permit an agency to initiate, carry out, fail to perform, or to otherwise take actions in any manner which is not authorized by law applicable to such agency or the subject matter. The provi sions of this article shall not be construed so as to authorize an agency to locate, fail to locate, construct, or fail to construct public projects or facilities in any manner which is inconsistent with the directives of the General Assembly as specified in the authorization of such public projects or facilities."
Part 2
Section 2.1. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Code Sections 508-1 through 50-8-12 and inserting in their respective places new Code Sections 50-8-1 through 50-8-12 to read as follows:
"50-8-1. The Department of Community Affairs is created as a department of the exec utive branch of state government. The Department of Community Affairs, as it existed im mediately prior to July 1, 1989, shall continue to exist as a department of the executive branch of state government in accordance with this article. From and after July 1, 1989, the

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1477

Department of Community Affairs shall have the duties, responsibilities, functions, power, and authority set forth in this article and otherwise provided by law.
50-8-2. (a) As used in this article, the term:
(1) 'Board' means the Board of Community Affairs.
(2) 'Commissioner' means the commissioner of community affairs.
(3) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for prepa ration of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with this article.
(4) 'Conflict' means any conflict, dispute, or inconsistency arising:
(A) Between or among comprehensive plans for any counties or municipalities, as pro posed, prepared, proposed to be implemented, or implemented;
(B) Between or among comprehensive plans for any regions, as proposed, prepared, pro posed to be implemented, or implemented;
(C) Between or among comprehensive plans for any counties or municipalities and com prehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented;
(D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally im portant resources, as defined by the department pursuant to this article; or
(E) Any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department pursuant to this article.
(5) 'Constitution' means the Constitution of the State of Georgia.
(6) 'Contract" means any contract, agreement, or other legally binding arrangement.
(7) 'Coordinated and comprehensive planning' means planning by counties and munici palities and by regional development centers in accordance with the minimum standards and procedures. Coordinated and comprehensive planning is one of the local government affairs for which the department is authorized to assist in the performance of local govern ment services.
(8) 'County' means any county of this state.
(9) 'Department' means the Department of Community Affairs.
(10) 'Eligible recipient' means any local government, school district, or other govern ment entity which may be eligible to receive funds from the department pursuant to terms for eligibility established by the department or those established by the government or other source which makes the funds available to the department,
(11) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities.
(12) 'Local government' means any county, municipality, or other political subdivision of the state; any regional development center; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or acti vated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, sepa rately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any of their lawful purposes but shall not include school districts.

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(13) 'Local government affairs' means all matters involving or affecting local govern ments including, but not limited to, coordinated and comprehensive planning in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority.
(14) 'Local government services' means the activities performed or authorized to be per formed by the department including, but not limited to, its performance of duties, responsi bilities, and functions in local government affairs and its exercise of power and authority in local government affairs.
(15) 'Minimum standards and procedures' means the minimum standards and proce dures, including the minimum elements which shall be addressed and included, for prepara tion of comprehensive plans, for implementation of comprehensive plans, and for participa tion in the coordinated and comprehensive planning process, as established by the department in accordance with this article. Minimum standards and procedures shall in clude any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in ad vance by the department, in accordance with this article.
(16) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(17) 'Necessary' means necessary, desirable, or appropriate, as determined by the com missioner, unless the context clearly indicates a different meaning.
(18) 'Qualified local government' means a county or municipality which:
(A) Has a comprehensive plan in conformity with the minimum standards and procedures;
(B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and
(C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict.
(19) 'Region' means the territorial area within the boundaries of operation for any re gional development center, as such boundaries shall be established from time to time by the board in accordance with the provisions of subsection (f) of Code Section 50-8-4.
(20) 'Regional development center' means a regional development center established under Article 2 of this chapter.
(21) 'Rural area' means any nonurban area in the state as defined in rules and regula tions of the department.
(22) 'School district' means any school district, independent school system, or other local school system in the state.
(23) 'State' means the State of Georgia.
(24) 'State agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.
(b) A reference to the terms of any contract or writing or to the terms under which any funds are made available shall be construed as a reference to all terms, conditions, cove nants, representations, warranties, and other provisions.
50-8-3. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this article

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is to provide for the department to serve these essential public interests of the state by developing, promoting, sustaining, and assisting local governments, by developing, promot ing, and establishing standards and procedures for coordinated and comprehensive plan ning, by assisting local governments to participate in an orderly process for coordinated and comprehensive planning, and by assisting local governments to prepare and implement com prehensive plans which will develop and promote the essential public interests of the state and its citizens. This article shall be liberally construed to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
(b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the de partment shall:
(1) Develop, promote, sustain, and assist local governments;
(2) Provide a liaison between local governments and other governments, including the state government and the federal government;
(3) Act as the state's principal department for local government affairs and local gov ernment services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the department and for those provided by others;
(4) Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning;
(5) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and re sponsibilities of local governments coordinated and comprehensive planning; the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply; and
(6) Serve as the representative of the Governor to local governments and in local gov ernment affairs on a regular basis and on special assignments as authorized by the Governor.
50-8-4. (a) The Board of Community Affairs, as it existed immediately prior to July 1, 1989, shall be abolished effective July 1, 1989, and the Board of Community Affairs, from and after July 1, 1989, is established in accordance with this Code section. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows:
(1) The terms of all members of the Board of Community Affairs serving immediately prior to July 1, 1989, shall expire effective July 1, 1989. The Governor shall appoint the initial members of the board for terms beginning on July 1, 1989, or the date on which the Governor makes the appointment, whichever is later. The terms of initial members of the board shall expire on a staggered basis, as follows: the terms of three of the members shall expire on July 1, 1990, and the terms of three other members shall expire on each July 1 thereafter through July 1, 1994, when the terms of all initial members of the board shall have expired. The Governor shall specify, when he appoints each initial member of the board, the expiration date of that member's term. Upon expiration of the term of each ini tial member of the board, the Governor shall appoint all successor members of the board for terms of five years. The terms of initial members and subsequent members of the board

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shall extend beyond the date of expiration and until their successors are appointed and qualified;
(2) The board shall be composed of one member from each United States congressional district in the state and five additional members from the state at large. The membership of the board shall include, at all times, not less than eight members who are elected officials of either counties or municipalities. In appointing members who are elected officials of munici palities, the Governor may consult with and seek recommendations from the Georgia Mu nicipal Association. In appointing members who are elected officials of counties, the Gover nor may consult with and seek recommendations from the Association County Commissioners of Georgia. The remaining members shall be appointed by the Governor, in the Governor's discretion, from the state at large and need not be elected officials. These remaining members may be elected or appointed officials of local governments, citizens con cerned with environmental issues, citizens interested in development, or other citizens who, in the judgment and discretion of the Governor, would enhance the board by their membership;
(3) The term of a member shall expire when it ends or shall terminate earlier immedi ately upon:
(A) Resignation by a member;
(B) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or
(C) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection;
(4) The Governor shall appoint a new member within 60 days after the expiration or termination of a member's term. The Governor may reappoint members of the board to consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection; and
(5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office.
(c) Officers of the board shall be elected and shall serve as follows:
(1) The officers of the board serving immediately prior to July 1, 1989, shall cease to serve the respective terms for which they were elected, effective July 1, 1989;
(2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board;
(3) The board shall elect officers at each May meeting or, if there is no May meeting, at the next monthly meeting;
(4) Officers shall serve for a term of one year, beginning with their election and qualifi cation and ending with the election and qualification of their respective successors; and
(5) No person shall hold the same office on the board for more than one term consecutively.
(d) The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. Eight members of the board shall constitute a quorum for con ducting business, and a majority of those present at any meeting shall be required to ap prove any action taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before that meeting. No member may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it

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deems appropriate for conducting its business from time to time. These rules and proce dures may be established in bylaws or in such other form as the board deems appropriate.
(e) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in at tendance at a meeting of the board, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state offi cials and employees for the use of a personal automobile in connection with such attend ance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation.
(f) The board shall determine and establish, from time to time, the territorial bounda ries for the region of operation by each regional development center; provided, however, any action of the board altering the boundaries of a regional development center shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. The boundaries of each region shall be established initially so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional develop ment center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board shall establish the boundaries of any region for which a metropoli tan area planning and development commission, created pursuant to Article 4 of this chap ter, also serves as the regional development center.
50-8-5. (a) The office of the commissioner of community affairs, as it existed immedi ately prior to July 1, 1989, shall continue to exist in accordance with this article. The com missioner shall be the department head, whose duties shall include serving as the depart ment's chief executive officer and administrative head. The commissioner serving immediately prior to July 1, 1989, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner.
(b) The commissioner shall have and may exercise the following power and authority:
(1) The power and authority to take or cause to be taken any or all action necessary to perform any local government services or otherwise necessary to perform any duties, respon sibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
(2) The power and authority to make, promulgate, enforce, or otherwise require compli ance with any and all rules, regulations, procedures, or directives necessary to perform any local government services, to carry into effect the minimum standards and procedures for coordinated and comprehensive planning, or otherwise necessary to perform any duties, re sponsibilities, or functions which the department is authorized by law to perform or to exer cise any power or authority which the department is authorized by law to exercise;
(3) The power and authority to certify, from time to time, municipalities and counties as qualified local governments, which certification shall not be unreasonably withheld; and
(4) The power and authority to assist the board in the performance of its duties, re sponsibilities, and functions and the exercise of its power and authority.
50-8-6. The department shall be divided into such divisions, sections, or offices as may be necessary from time to time. All divisions, sections, or offices in existence immediately prior to July 1, 1989, shall continue to exist in accordance with this article. Thereafter, divisions, sections, and offices shall be abolished, reorganized, or established from time to time by the commissioner and as otherwise specified by law. The commissioner shall ap point such directors, deputies, and assistants as may be necessary to manage such divisions, sections, and offices. Such positions shall be in the unclassified service of the State Merit System of Personnel Administration.

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50-8-7. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such planning and technical assistance activities as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such planning and technical assistance activities may include, but shall not be limited to, the following:
(1) The department may provide technical assistance to local governments. This assis tance may be directed to any and all activities of local government including, but not lim ited to, preparation and implementation of a comprehensive plan, community and economic development, and governmental administration, finance, management, and operations;
(2) The department may provide planning assistance to local governments. This assis tance may include assistance with respect to preparation or implementation of a local gov ernment's comprehensive plan and participation in the process for coordinated and compre hensive planning. This assistance may also include long-range planning relevant to one or more local governments to identify the needs of such local governments or planning with respect to downtown development and the redevelopment and revitalization of downtown areas and central business districts;
(3) The department may assist local governments in planning for the consequences or other results of decisions or actions by any government which have an impact on local gov ernments or on any of their citizens;
(4) The department may provide planning assistance to any local government or any state agency or state authority in connection with housing and dwelling places for citizens of the state. This assistance may include planning with respect to the availability of singlefamily, multifamily, and other types of housing units, the anticipated changes in such avail ability, the potential occupants for such housing, and the anticipated changes in such poten tial occupants. This assistance may also include planning with respect to homeless persons and the shelter needs of homeless persons; and
(5) The department's planning and technical assistance activities may include planning, technical assistance, analysis, recommendations for policies or action, and related activities and services with respect to any lawful purpose or activity of a local government.
(b) The department shall undertake and carry out, and shall coordinate with other state agencies and local governments in undertaking and carrying out, such gathering of informa tion, such distribution of information, and such studies and recommendations as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such coordinating, gathering, and distribution of information and studies may include, but shall not be limited to, the following:
(1) The department shall coordinate and participate in compiling, and other state agen cies and local governments shall participate in compiling, a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. The Georgia data base and network shall collect, analyze, and disseminate information with respect to local governments, regional development cen ters, and state agencies. The Georgia data base and network shall include information ob tained or available from other governments and information developed by the department. To maintain the Georgia data base and network, the department shall make, and shall coor dinate with other state agencies and local governments in making, comprehensive studies, investigations, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department. The department shall make available the Georgia data base and network, or provide access to the Georgia data base and network, to other state agencies, local governments, members of the General As sembly, and residents of the state;
(2) The department shall maintain a strategic rural economic development plan in co operation with the regional development centers, the university system of the state, other

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state agencies and departments, and local governments. The plan shall include, without be ing limited to, identifying industries for which the rural areas of the state have a compara tive advantage, exploring resources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic develop ment in rural areas;
(3) The department may assist the Governor, the General Assembly, any committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommenda tions, advice, and information prepared, developed, or obtained by the department;
(4) The department may undertake studies, investigations, and surveys to identify po tential physical, social, economic, governmental, demographic, or other problems and oppor tunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such op portunities; and
(5) The department may write, draft, prepare, or publish any studies, surveys, investi gations, maps, reports, plans, recommendations, advice, and information with respect to lo cal government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and infor mation to any government, any state authority or state agency, or any private entity.
(c) The duties, responsibilities, and functions of the department and the power and authority of the department described in this Code section are cumulative with, and in ad dition to, all other duties, responsibilities, and functions and power and authority of the department and are not intended to, and shall not be construed to, conflict with any other duties, responsibilities, or functions or any other power or authority of the department, in cluding, but not limited to, the duties, responsibilities, and functions and the power and authority described in Code Section 50-8-7.1.
50-8-7.1. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department, utilizing the comprehensive plans of qualified local governments, shall undertake and carry out such activities as may be necessary to assist the Governor in encouraging, coordinating, developing, and implementing coordinated and comprehensive planning. Such activities may include, but shall not be limited to, the following:
(1) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in coordinated and comprehensive planning on the state level and throughout the state, including, but not limited to, assistance in the development of a com prehensive plan for the state;
(2) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through coordinated and compre hensive planning;
(3) The department shall examine and analyze plans of state agencies, comprehensive plans of regional development centers, and comprehensive plans of municipalities and coun ties, undertaken as part of the coordinated and comprehensive planning process, and advise the Governor with respect to those plans; and
(4) The department shall serve as policy liaison for the Governor, with respect to coor dinated and comprehensive planning, with and among state agencies and local governments.
(b) The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. The depart-

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undertake and carry out such activities as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process. These elements shall include, but shall not be limited to, housing, human services, natural resources, the environment, vital areas, historic resources, infrastructure, land use other than zoning, recreation, transportation, and economic development;
(2) The department shall establish minimum standards and procedures which shall be used by local governments in developing, preparing, and implementing their comprehensive plans. The department shall incorporate the minimum standards and procedures with re spect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to Code Section 12-2-8. In establishing such minimum standards and procedures, the department shall be authorized to differentiate among local governments and among regions based upon factors which the department determines merit differentiation, such as total population, density of popula tion, geographic features, the size of tax base, the type and character of services furnished by local governments, the size of budget, and other factors;
(3) The department shall develop planning procedures with respect to regionally impor tant resources, for planning with respect to developments of regional impact, and for en couraging interjurisdictional cooperation among local governments. The department shall determine, in its judgment and for each region, what shall constitute developments of re gional impact. Such determinations by the department shall be made for each region after receiving any necessary information from the regional development center for the region, from local governments within the region, and from others within the region. The depart ment's determinations shall be publicly promulgated, using such means as the commissioner may determine, so that all local governments within a region will receive notice of the de partment's determinations affecting that region; and
(4) The department shall establish and shall promulgate procedures for obtaining input from, and participation by, local governments and the public in establishing, amending, and updating from time to time the minimum standards and procedures.
(c) The department shall undertake and carry out such activities as the board or the commissioner may deem necessary for supervising regional development centers and as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) The department shall recommend to the board from time to time the boundaries for the regions for each of the regional development centers; and
(2) The department shall review and comment on comprehensive plans prepared by, and coordinated and comprehensive planning activities undertaken by or under the direc tion of, regional development centers.
(d) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving, conflicts. Such activities may include, but shall not be limited to, the following:
(1) The department may establish such procedures and guidelines for mediation or other forms of resolving conflicts as the commissioner may deem necessary. The procedures and guidelines shall specify the times within which steps in the mediation or other form of conflict resolution shall take place and shall provide that such times shall not exceed, in the aggregate, 90 days from the date on which mediation or other conflict resolution begins. The department shall promulgate and make public all such procedures and guidelines;
(2) The department may act to mediate or otherwise assist in resolving conflicts upon written request from any regional development center or local government or may act, with out any such request, on its own initiative;
(3) The department may establish rules and procedures which require that local govern-

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ments submit for review any proposed action which would, based upon guidelines which the department may establish, affect regionally important resources or further any development of regional impact. Any such proposed action by a local government (other than a regional development center) shall be submitted for review to the local government's regional devel opment center. Any such proposed action by a regional development center shall be submit ted for review to the department. Review shall be in accordance with rules and procedures established by the department. The review shall result in a public finding by the regional development center or the department, as the case may be, that the action will be in the best interest of the state or that it will not be in the best interest of the state;
(4) Any conflict which remains after review pursuant to the procedures established under paragraph (3) of this subsection shall be submitted to mediation or such other form of resolving conflicts as the commissioner may deem necessary; and
(5) The department may decline to certify a local government as a qualified local gov ernment or may take or recommend action which would reduce state or other funding for a regional development center if such local government or regional development center, as the case may be, is a party to a conflict but fails to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department and a majority of the Board of Community Affairs, reflects a good faith effort to resolve the conflict.
50-8-7.2. The initial minimum standards and procedures promulgated by the depart ment pursuant to Code Section 50-8-7.1 shall be submitted by the department to the House Committee on State Planning and Community Affairs and the Senate Committee on Gov ernmental Operations and shall become effective on the sixtieth day from the date of sub mission unless the commissioner is notified of an objection or objections by either commit tee. If either committee notifies the commissioner of an objection or objections, then the committees shall conduct joint meetings with the commissioner as many times as necessary within a time period of 30 days from the date of the notice for the purpose of resolving the objection or objections and of specifying a revised effective date for the initial minimum standards and procedures.
50-8-8. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department. The department shall also grant to any school district the proceeds of any general obligation debt for educa tional facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients or qualified local governments from appropriations made to the department generally for grant purposes, without appropriations language specifying amounts, recipients, and purposes. The department:
(1) Shall disburse such grants on the basis of criteria which include consideration of matters such as legislative intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportu nities; improvement or expansion of government operations or services; community health, safety, and economic well-being; coordinated and comprehensive planning in accordance with minimum standards and procedures; and any other similar criteria that may from time to time be established by the department; and
(2) May condition the award of any such grants to a county or municipality upon the county or municipality, as the case may be, being a qualified local government.
(b) The department shall direct the distribution of any appropriations or other funds available for coordinated and comprehensive planning in accordance with the Act of the General Assembly providing for such appropriations. No grant by the department to any eligible recipient or qualified local government shall adversely affect any grant or service to the eligible recipient or qualified local government by any other unit or instrumentality of

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state government. Without limiting the foregoing, the Department of Education, Depart ment of Transportation, and the director of the Fiscal Division of the Department of Ad ministrative Services shall not diminish or fail to award any funds or service to any recipi ent under any state or federal program in whole or in part on account of a grant by the department. Grants by the department are and shall be deemed to be of a special nature and in addition to all such other grants or awards. The following provisions shall apply to making such funds available to eligible recipients or qualified local governments:
(1) The department may make available funds by grant to an eligible recipient or quali fied local government, by direct payments on behalf of an eligible recipient or qualified local government, or by any other lawful means. In the event the department determines that, in its judgment, a regional development center has failed to comply with its duties as provided by law or with the terms of a contract between such regional development center and a local government, the department shall be authorized to make payments, which it otherwise would have made to the regional development center, directly to the local government or as the department otherwise determines in order to carry out the duties of the regional devel opment center under the law or such contract;
(2) The department may accept, use, and disburse gifts and grants made to it on terms consistent with its legal powers, from any public or private source;
(3) The department shall specify the terms under which it makes any funds available to an eligible recipient or qualified local government. The terms shall be those established or otherwise required by the government or other source which makes the funds available to the department. If such government or other source does not establish or otherwise require any such terms, the department may establish the terms;
(4) The department shall set forth in writing the terms under which the department makes funds available to a qualified local government or eligible recipient. The terms may be set forth in a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a qualified local government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws;
(5) The department shall manage and administer all funds made available pursuant to this Code section; and
(6) The department may make funds available for any purpose for which the eligible recipient or qualified local government may lawfully use such funds. Unless precluded by general law, these purposes may include, but shall not be limited to, assisting in or further ing any of the purposes, duties, responsibilities, functions, power, or authority of local gov ernments or the department. These purposes may also include, but shall not be limited to, establishing, developing, constructing, improving, maintaining, restoring, or protecting local government projects or purposes of any nature, such as:
(A) Construction projects;
(B) Capital outlay projects;
(C) Infrastructure projects;
(D) Planning services;
(E) Technical assistance;
(F) Coordinated and comprehensive planning;
(G) Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agriculture, and agribusiness;
(H) Purchase or lease of equipment;
(I) Operating expenses;

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(J) Housing projects;
(K) Any project for the purposes of acquiring, constructing, equipping, maintaining, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educational, athletic, and other events, in order to provide for the establishment, development, and maintenance of com merce and trade;
(L) Any project or purpose described in or permitted under any appropriations to the department;
(M) Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department;
(N) Any project or purpose provided for in the federal Housing and Community Devel opment Act of 1974, as amended, or any successor to the Housing and Community Develop ment Act of 1974;
(0) Any project or purpose provided for in the federal Public Works and Economic Development Act of 1965, as amended, or any successor to the Public Works and Economic Development Act of 1965;
(P) Any project or purpose authorized by federal or state law; or
(Q) Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department.
(c) The department may apply for, receive, administer, and use any grant, other finan cial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of qualified local governments or other eligible recipients. The department's power and authority under this subsection includes, but shall not be limited to, the following:
(1) The department may apply on behalf of qualified local governments or other eligible recipients for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, or if state appropri ated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are otherwise made available to the department, the department may be authorized by the Gov ernor to disburse such emergency funds to the local government or other eligible recipient; and
(2) The department may accept on behalf of qualified local governments or other eligi ble recipients funds provided to the department by an executive order of the Governor and may disburse such funds to such local governments or other eligible recipients. The eligible recipient and the terms under which such funds are made available for use by the eligible recipient shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient.
(d) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto.
(e) The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any other service or function as authorized by the Constitution.
(f) The department shall make available to any state agency or authority assigned to the department for administrative purposes all funds made available to the department for the use of any such state authority or agency. The department may make available funds to such state agencies or authorities for any lawful purposes of any such state agencies or authorities.

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(g) The power and authority of the department under this Code section to make availa ble to local governments or any other eligible recipient any funds shall be limited by the Constitution and laws of the state, and as specified in this Code section, but shall not other wise be limited.
(h) Pursuant to Article VII, Section III, Paragraph III of the Constitution and as other wise may be authorized, all grants and other disbursements of funds made by the depart ment or from the emergency fund through the department prior to July 1, 1989, are ap proved, ratified, and confirmed.
50-8-9. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall have the power to enter into contracts with local governments, school districts, state agen cies, state authorities, and other public and private entities or individuals for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or func tions of the department or exercising the power and authority of the department. No such contract shall constitute a donation or gratuity or the forgiveness of any debt or obligation owing to the public. No such contract shall constitute or be intended to constitute security for bonds or other obligations issued by any public agency, public corporation, or authority. No such contract shall constitute a pledge or loan of the credit of the state to any individ ual, company, corporation, or association, and the state, through the department, shall not become a joint owner or stockholder in or with any individual, company, association, or corporation.
(b) The power and authority of the department under this Code section to enter into contracts shall be limited to entering into contracts permitted under the Constitution and laws of the state and as specified in this Code section but shall not otherwise be limited.
50-8-10. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such activities as may be necessary to coordinate policies, programs, and actions of governments in local government affairs and as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) The department may take such action as the commissioner may deem necessary, to the extent feasible and practicable as determined by the commissioner, to make the pro grams and policies including, but not limited to, comprehensive plans of all levels of govern ment consistent and to minimize duplicated or inconsistent programs and policies including, but not limited to, comprehensive plans within the state government and among local governments;
(2) The department may review, on a continuous basis, the programs and policies in cluding, but not limited to, comprehensive plans of all governments acting within the state to determine their consistency with long-range programs and policies of the state; and
(3) The department may consult with, meet with, confer with, and cooperate with the executive or legislative authorities of other states, with representatives of municipalities and counties of other states, with other representatives of governments, with representatives of private entities, and with others for the purpose of furthering the coordination of programs and policies affecting local government affairs within this state.
(b) The department shall serve as the state's clearing-house and research center on intergovernmental relations, including relationships among federal, state, and local levels of government and, to this end, the department shall:
(1) Monitor, review, analyze, and communicate with and to others with respect to ac tions and developments in the United States Congress, in the federal agencies, and in other states which affect local governments or which may affect relations between the state and any local governments; and
(2) Coordinate its activities with the office of the Governor, other state agencies and authorities, and the state's members of the United States Congress.

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(c) The department may provide, supervise, or coordinate leadership and community development programs for local governments and other programs with respect to local gov ernment affairs. The department may develop pilot programs or projects designed to ad dress the problems and needs of local government.
50-8-11. (a) The department shall have the duty, responsibility, power, and authority to take all action necessary to further the purposes of the department, without regard for whether any such duty, responsibility, power, or authority is specifically mentioned in this article or otherwise specifically granted by law. Without limiting the general nature of this Code section:
(1) The department shall have all duties, responsibilities, power, and authority granted or specified under or pursuant to any other laws of the state and any executive orders issued by the Governor prior to July 1, 1989. To the extent permitted by law, the Governor may, by executive order issued on or after July 1, 1989, authorize the department to take specific action in furtherance of the purposes of the department; and in that event, the department shall take such action;
(2) The department shall have the power and authority to take whatever action may be necessary to further or assist in promoting or implementing coordinated and comprehensive planning as authorized in this article;
(3) The department shall promote and encourage assistance from private entities and individuals in carrying out and performing local government services;
(4) The department shall assist local governments in developing, promoting, and retain ing trade, industry, commerce, and employment opportunities;
(5) The department may define, identify, and establish criteria or requirements for local governments or others to participate with or to use any local government services; and
(6) The department may receive, use, and spend money received from the state for any of the purposes of the department.
(b) Revenues for all fees and charges imposed or otherwise charged by the department for local government services shall be paid into the general fund of the state treasury, except that charges intended to reimburse expenses incurred by the department shall be used to reimburse the department for such expenses.
50-8-12. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 3
Section 3.1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Article 2, relating to area planning and development commissions, in its entirety and inserting in its place a new Arti cle 2 to read as follows:
"ARTICLE 2
50-8-30. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. Coordinated and compre hensive planning by local governments, under direction from the state, is necessary in order to serve these essential public interests of the state. The purpose of this article is to provide for regional development centers to develop, promote, and assist in establishing coordinated and comprehensive planning in the state, to assist local governments to participate in an orderly process for coordinated and comprehensive planning, to assist local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens, and to prepare and implement comprehensive

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regional plans which will develop and promote the essential public interests of the state and its citizens. This article shall be construed liberally to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
50-8-31. As used in this article, the term:
(1) 'Board' means the board of a regional development center.
(2) 'Caucus' means an informal meeting of any group of board members required, pur suant to this article, to determine how to cast its collective vote or to elect board members in caucus. A caucus shall be governed by such rules as the board members of the class required to caucus shall determine among themselves but shall not be subject to the provi sions of Chapter 14 of this title.
(3) 'Center' means a regional development center established under this article.
(4) 'Chief executive officer' means the official of any county or municipality elected as chief executive officer (regardless of whether the position which is, in fact, that of chief executive officer is called chairman, mayor, or by any other designation) or, for any counties or municipalities where no person is elected as chief executive officer, a member of the gov erning body of the municipality or the county, as the case may be, designated by resolution of the governing body.
(5) 'Collective vote' means the vote of a class of board members determined by a caucus and shall mean one vote for such class, rather than separate votes for each member of the class.
(6) 'Commissioner' means the commissioner of community affairs.
(7) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for prepa ration of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with this article.
(8) 'Conflict' means any conflict, dispute, or inconsistency arising:
(A) Between or among comprehensive plans for any counties or municipalities, as pro posed, prepared, proposed to be implemented, or implemented;
(B) Between or among comprehensive plans for any counties or municipalities and com prehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented;
(C) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally im portant resources, as defined by the department; or
(D) Any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department.
(9) 'Constitution' means the Constitution of the State of Georgia.
(10) 'Contract' means any contract, agreement, or other legally binding arrangement.
(11) 'Coordinated and comprehensive planning' means planning by counties and munic ipalities and by regional development centers in accordance with the minimum standards and procedures.
(12) 'County board member' means any member of the board representing a county, determined pursuant to paragraph (1) of subsection (b) or paragraph (3) of subsection (e) of Code Section 50-8-34.
(13) 'Department' means the Department of Community Affairs.

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(14) 'Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality.
(15) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities.
(16) 'Local government' means any county, municipality, or other political subdivision of the state; any regional development center; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or acti vated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, sepa rately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any lawful purposes but shall not include school districts.
(17) 'Local plan' means the comprehensive plan for any county or municipality.
(18) 'Minimum standards and procedures' means the minimum standards and proce dures, including the minimum elements which shall be addressed and included, for prepara tion of comprehensive plans, for implementation of comprehensive plans, and for participa tion in the coordinated and comprehensive planning process, as established by the department. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department, in accordance with Article 1 of this chapter.
(19) 'Municipal board member' means any member of the board representing a munici pality, determined pursuant to paragraph (2) of subsection (b) or paragraph (3) of subsec tion (e) of Code Section 50-8-34.
(20) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(21) 'Necessary' means necessary, desirable, or appropriate, as determined by the com missioner, unless the context clearly indicates a different meaning.
(22) 'Nonpublic board member' means any board member who is a resident of a county within the region and is elected as a nonpublic member for that county pursuant to para graph (3) of subsection (b) or paragraph (3) of subsection (e) of Code Section 50-8-34.
(23) 'Qualified local government' means a county or municipality which:
(A) Has a comprehensive plan in conformity with the minimum standards and procedures;
(B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and
(C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict.
(24) 'Region' means the territorial area within the boundaries of operation for any re gional development center, as such boundaries shall be established from time to time by the board of the department.
(25) 'Regional development center' means a regional development center established under this article.
(26) 'Regional plan' means the comprehensive plan for a region.
(27) 'State' means the State of Georgia.

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50-8-32. Regional development centers are created and established as public agencies and instrumentalities of their members which shall facilitate coordinated and comprehen sive planning in conformity with minimum standards and procedures established pursuant to law. Each such agency and instrumentality shall be known as a regional development center and shall be designated, by name for all purposes, with such identifying words before the term 'regional development center' as the board may, from time to time in accordance with the provisions of subsection (f) of Code Section 50-8-4, choose and designate by official action. The number of regional development centers and the region within which each re gional development center shall operate shall be established from time to time by the board of community affairs. The board of community affairs shall initially establish the boundaries of each region so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board of community affairs shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center.
50-8-33. (a) Each municipality and county in the state shall automatically be a member of the regional development center for the region which includes the municipality or county, as the case may be.
(b) (1) Each county and municipality in the state shall pay the annual dues for mem bership in its regional development center. Counties and municipalities within a regional development center shall continue to use the arrangement for the payment of dues which was in effect on June 30, 1989, for the payment of dues to the area planning and develop ment commission which preceded the regional development center created by this article until a revised arrangement for the amount, apportionment, and payment of annual dues is established by the board of the regional development center. If an arrangement for the pay ment of such dues is structured so that a county pays dues only on behalf of residents of the unincorporated areas of the county, then the annual dues paid by such county shall come solely from revenues derived from the unincorporated areas of the county.
(2) State funds appropriated to the department and available for the purpose of assist ing regional development centers shall be distributed in accordance with this paragraph. The department shall establish a minimum funding amount for regional development cen ters, conditioned upon the amount of state funds appropriated, and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. To be eligible for the minimum funding amount, each regional develop ment center must assess and collect annual dues in the amount of 50<; for each resident of each county within the regional development center, based upon the most recent estimate of population approved by the department for this purpose. To be eligible for any supplemen tal funding, each regional development center shall be required to match the amount of the supplemental funds on a dollar-for-dollar basis and shall only use for the purpose of com puting matching funds revenues of the regional development center in excess of the amount required for the minimum funding amount.
(3) The initial supplemental funding formula established by the department to be used for the distribution of available state funds in excess of the minimum funding amount shall be submitted by the department to the House Committee on State Planning and Commu nity Affairs and the Senate Committee on Governmental Operations and shall become effec tive on the sixtieth day from the date of submission unless the commissioner is notified of an objection or objections by either committee. If either committee notifies the commis sioner of an objection or objections, then the committees shall conduct joint meetings with the commissioner as many times as necessary within a time period of 30 days from the date of the notice for the purpose of resolving the objection or objections.
50-8-34. (a) The board of each regional development center shall establish policy and

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direction for the regional development center and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows:
(1) The chief executive officer of each county in the region shall be a county board member;
(2) The chief executive officer of each municipality in the region shall be a municipal board member; and
(3) The county board members and municipal board members from the same county shall together elect one member of the board, who shall be a resident of the county, as the nonpublic board member from such county. For purposes of electing this board member, the county board member shall have one vote and the municipal board members from that county shall have one collective vote, determined by caucus. If any county board member and the municipal board members casting their collective vote fail to elect a nonpublic member from their county, the board shall not be precluded from taking any authorized action and the votes from that county shall not be recorded until such nonpublic board member has been agreed upon and named as a member of the board.
(c) The term of a member of the board who is an elected official shall be for a period of one year and until the member's successor is elected and qualified. The term of a member of the board who is a nonpublic board member shall be for a period of two years. The term of a member shall terminate immediately upon:
(1) Resignation by a member;
(2) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or
(3) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of subsection (b) of this Code section.
(d) Votes among members of the board shall be allocated as follows:
(1) Each county board member shall have one vote;
(2) The municipal board members from the same county shall have one collective vote; and
(3) Each nonpublic board member shall have one vote.
(e) (1) Notwithstanding the other provisions of subsection (b) of this Code section, the board of a regional development center shall have the authority to expand its membership to the extent required to meet board membership requirements imposed by any state or federal program for which the regional development center is or, upon such expansion of board membership, will become the administering agency. Any change in board membership as authorized by this subsection shall be proposed by resolution of the board and submitted to the department for approval. Each such resolution shall describe the federal or state program which imposes the requirement for additional board membership and shall specify the proposed number of additional board members, the number of additional board mem bers who shall be elected as county board members, as municipal board members, and as nonpublic board members, and such other information as the department may, from time to time, require. No proposed change in membership shall become effective without prior ap proval of the department. The department shall promulgate guidelines to assist regional development centers in meeting membership requirements imposed by state and federal programs but such guidelines shall in no event prohibit regional development centers from meeting such requirements.
(2) If the membership of a board of a regional development center is expanded pursu-

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ant to paragraph (1) of this subsection, the votes among members of that board shall be allocated as follows:
(A) Each county member shall have one vote or, if there is more than one county board member from the same county, the county board members from the same county shall have one collective vote;
(B) Municipal board members from the same county shall have one collective vote; and
(C) Each nonpublic board member shall have one vote or, if there is more than one nonpublic board member from the same county, the nonpublic board members from the same county shall have one collective vote.
(3) Notwithstanding the other provisions of this Code section, any additional board membership approved pursuant to paragraph (1) of this subsection shall be filled by mem bers elected by the board from among the following classes, in such number or numbers from each class as the department may have approved pursuant to paragraph (1) of this subsection, and such additional members shall be designated as follows:
(A) Any member who is an elected official of a county in the region shall be a county board member;
(B) Any member who is an elected official of a municipality in the region shall be a municipal board member; and
(C) Any member who is a resident of a county within the region and is elected as a nonpublic board member shall be a nonpublic board member.
(4) Notwithstanding the other provisions of this Code section, if the membership of a board of a regional development center is expanded pursuant to paragraph (1) of this sub section, the other provisions of this Code section shall apply except as specified in this sub section, and such other provisions of this Code section shall be construed accordingly.
(f) The board shall hold meetings not less than four times in each year, beginning on July 1 and continuing through the next June 30.
(g) Each board shall be responsible for employing an executive director for its regional development center, adopting an annual budget and work program for the regional develop ment center, and electing members of an executive committee.
(h) (1) Each board shall annually elect a 15 member executive committee which shall have all the power and authority and all the duties, responsibilities, and functions of the full board and which may take any action which the full board can take, except that the execu tive committee shall not employ an executive director for its regional development center, adopt the annual budget and work program for the regional development center, or elect members of the executive committee. Without limiting the generality of the foregoing, the executive committee shall develop a proposed annual budget and work program which shall be submitted to the board for adoption.
(2) The executive committee members shall include at least one board member from each county in the region and shall be determined as follows:
(A) The county board member representing the county with the largest population in the region shall be a member of the executive committee;
(B) The municipal board member representing the municipality in the region with the largest population shall be a member of the executive committee;
(C) Four county board members shall be elected by the county board members, in cau cus, to be members of the executive committee;
(D) Four municipal board members shall be elected by the municipal board members, in caucus, to be members of the executive committee;
(E) Five nonpublic board members shall be elected by the nonpublic board members, in caucus, to be members of the executive committee.

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(i) The executive committee shall elect officers of the board, who shall also serve, in the same capacities, as officers of the executive committee. The executive committee shall elect a chairman, vice chairman, and secretary from among the members of the executive com mittee. The executive committee shall elect officers annually at the meeting designated for that purpose in bylaws of the center.
(j) Each member of an executive committee may upon board approval receive a per diem expense allowance not to exceed the amount received by members of the General As sembly for each day an executive committee member is in attendance at a meeting of the executive committee, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and em ployees for the use of a personal automobile in connection with such attendance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation.
(k) For purposes of determining the municipality in a region with the largest population and the county in a region with the largest population, population shall be based upon the most recent estimate of population approved by the department for purposes of calculating membership dues in regional development centers, and the population of any county shall, for these purposes, include all of the residents of municipalities within the county and ex clude all of the residents of any municipality within any other county where a municipality lies within more than one county.
50-8-35. (a) Each regional development center shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. Each center may exercise the following power and authority:
(1) Each center may adopt bylaws and make rules and regulations for the conduct of its affairs;
(2) Each center may make and enter into all contracts necessary or incidental to the performance of its duties and functions. Neither a center, nor any nonprofit corporation established or controlled by that center, may enter into any contract obligating that center or nonprofit corporation to perform services for any political subdivision, individual, or busi ness entity located wholly outside the boundaries of that center's region, except that one center, on its own behalf and not on behalf or for the direct benefit of any political subdivi sion, individual, or business entity within that center's boundaries, may contract with an other center to provide services for the benefit of one or both centers;
(3) Each center may acquire and dispose of real and personal property;
(4) Each center may utilize the services of the Department of Administrative Services;
(5) Each center may prepare studies of the area's resources as they affect existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, local governments, and any other matters relating to area planning and development;
(6) Each center may collect, process, and analyze, at regular intervals, the social and economic statistics for the region, which statistics are necessary to planning studies, and make the results available to the general public;
(7) Each center may participate with local, state, or federal governmental agencies, edu cational institutions, and public and private organizations in the coordination and imple mentation of research and development activities;
(8) Each center may cooperate with all units of local government and planning and development agencies within the center's region and coordinate area planning and develop ment activities with those of the state and of the units of local government within the center's region as well as neighboring regions and with the programs of federal departments, agencies, and regional commissions; and provide such technical assistance, including data processing and grant administration services for local governments, as may be requested of it by a unit or units of local government within the center's region; and such technical assis-

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tance shall not be limited to planning and development activities but may include technical assistance of any nature requested by a unit or units of local government within the center's region;
(9) Each center may carry out such other programs as its board or the department shall require from time to time;
(10) Each center may, when appropriate, administer funds involving more than one po litical subdivision;
(11) Each center may, upon the signed resolution of its board and written approval by each unit of local government affected, initiate, continue, or renew arrangements with the United States government, an adjoining state, this state, a unit of local government, any agency or instrumentality of the foregoing, or a public or private organization for the man agement, administration, or operation of human service programs by such regional develop ment center; but, in the conduct of any such human service programs, a center shall not engage in the direct delivery of goods or services to individual consumers but may enter into contracts with other authorized entities, including units of local government, for the delivery of such goods or services by and in the name of such entities; and
(12) Each center may provide the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise;
(B) Life insurance coverage and coverage under federal old age and survivors' insurance programs;
(C) Sick leave, annual leave, and holiday leave; and
(D) Any other similar benefits including, but not limited to, death benefits.
(b) Each center shall adopt personnel policies and practices with specific reference to job descriptions and qualifications. The personnel of each regional development center shall include a qualified planner, an economic development specialist, and a finance director. Qualifications for such positions shall include relevant education and experience as deter mined by the board of the regional development center.
(c) Each center shall undertake and carry out such planning and technical assistance activities as its board or the department may deem necessary for the development, prepara tion, and implementation of comprehensive plans for the center's region and for municipali ties and counties within the center's region and such planning and technical assistance ac tivities as its board or the department may deem necessary for coordinated and comprehensive planning within the center's region. Such planning and technical assistance activities may include, but shall not be limited to, the following:
(1) A center may coordinate and assist local governments in preparing local plans for submission to the center;
(2) A center may provide technical planning assistance to local governments;
(3) A center may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a center for that purpose;
(4) A center may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures but, before imposing any such requirement, the center shall have received the department's ap proval of any additional elements to be included in such comprehensive plans;
(5) A center may establish goals and objectives, consistent with those established by the Governor's Development Council or by the department, for its region; and
(6) Each center shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration local plans within the re-

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gion. The regional plan may be prepared but shall not be adopted by the board until after a proposed regional plan has been made public and after the board has held, or caused to be held by a designated hearing officer, a public hearing on the regional plan, in accordance with such procedures as the department may establish.
(d) Each center shall participate in compiling a Georgia data base and network, coordi nated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments, state agencies, and members of the General Assembly.
(e) A center shall serve as liaison with other governments, including federal government agencies and state agencies. In this capacity, a center may administer programs within the state upon the request of local governments and may administer federal or state government programs upon designation by the federal or state government. Each center shall be desig nated as the official planning agency for all state and federal programs to be carried out in the region if such designation is required and if the department concurs in such designation. A center may take all action and shall have all power and authority necessary to carry out its responsibilities, duties, and functions under any such state or federal programs.
50-8-36. (a) For the purposes of paragraph (11) of subsection (a) of Code Section 50-835, the term 'human service programs' means any activity authorized by law to be under taken by the state or by any unit of local government in which it is undertaken, the funds for which program are provided by or through the United States government, an adjoining state, this state, any unit of local government, any agency or instrumentality of the forego ing, or a public or private organization, the purpose of which is to provide assistance to and relieve the special burdens of the young, the indigent, the aged, the handicapped, the unem ployed, or the ill.
(b) As used in this subsection, 'governmental services' means those services provided by local units of government of this state. No authority granted to regional development cen ters by Code Section 50-8-35 shall be construed to authorize a regional development center to manage, administer, or operate any program involving the direct delivery of governmental services to consumers or to administer contracts for the delivery of governmental services to consumers, except that:
(1) The authority of regional development centers with respect to human service pro grams, as defined by subsection (a) of this Code section, shall be governed and controlled by paragraph (11) of subsection (a) of Code Section 50-8-35;
(2) The department may specifically authorize governmental services other than human service programs in writing from time to time and for any specified period of time; and
(3) Regional development centers shall be authorized to provide technical assistance to units of local government in areas of governmental services.
(c) When a regional development center administers a contract for the purposes of par agraph (11) of subsection (a) of Code Section 50-8-35, no employee of the regional develop ment center who is compensated for his services by the center shall also serve, during the period of any such contract, as a board member, officer, or paid employee of the entity contracting with the regional development center.
50-8-37. (a) Each local plan shall be submitted for review, comment, and recommenda tion to the appropriate regional development center and shall become effective in accor dance with this Code section. Each municipality and county within a region shall submit its local plan to the regional development center for that region for review, comment, and rec ommendation by the regional development center. The center shall maintain all local plans which it receives in this manner in files available for inspection by the public.
(b) Within ten days after receipt of a local plan, the center shall notify each municipal ity or county within its region which may be affected by the local plan of the general nature of the plan, the date of its submission, and the identity of the submitting municipality or county. In addition, any local governments contiguous to, or operating within, the submit ting municipality or county shall be notified by the center in the same manner.

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(c) Within 15 days after the center gives the notice required by subsection (b) of this Code section, any local government within the region and any other local government which received notice from the regional development center may present, to the regional develop ment center, its views on the local plan in a public meeting or hearing which shall be held in accordance with rules established by the center with prior approval of the department.
(d) The center shall determine whether the adoption or implementation of the local plan would present any conflict. The center may recommend a modification of the local plan in such a manner as to eliminate any conflict or alleviate any problem or difficulty which such conflict may create. The center's determination shall be in writing, shall be made pub lic, and shall be communicated by written notice given to the municipality or county which submitted the local plan within 15 days after the date of the public meeting or hearing.
(e) The municipality or county which submitted the local plan may request reconsidera tion of any recommendation by a center within ten days after the center's recommendation is made public. For purposes of such reconsideration, the center shall schedule, announce, and hold a public hearing within 15 days after receipt of the request for reconsideration. Notice of the time and place of any such public hearing shall be given by the center to all members of the regional development center, in accordance with such procedures as the regional development center may establish, subject to the prior approval of the department. The regional development center shall also give such notice to all affected municipalities and counties and appropriate state regulatory boards and agencies.
(f) Within ten days after the public hearing, the center shall either continue its recom mendations or modify the recommendations. In either case, the center shall make public its determination and shall give written notice of its determination to the municipality or county which submitted the local plan.
(g) No municipality or county shall take any action to adopt any local plan, or to put into effect any local plan, until 60 days after the date when the municipality or county, as the case may be, submitted the local plan to the center for review, comment, and recom mendation, except that any request for reconsideration of any recommendation by a center pursuant to subsection (e) of this Code section shall automatically operate to extend the 60 day period to 90 days.
(h) Nothing in this Code section shall limit or compromise the right of the governing authority of a county or municipality to exercise the power of zoning.
50-8-38. A center shall review all applications of municipalities, counties, authorities, commissions, boards, or agencies within the area for a loan or grant from the United States, the state, or any agency thereof if review by a region-wide agency or body is required by federal or state law, rule, or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or state or agency thereof, transmit the same to the center for its review. The comments of the center shall then become a part of the application, to be appended thereto when finally submitted for the consideration of the United States, the state, or any agency thereof.
50-8-39. A center shall keep books of account reflecting all funds received, expended, and administered by the center which shall be independently audited at least once in each fiscal year during which a center functions. The auditor's report shall be presented to the governing body of each member within the region and to the department. Beginning July 1, 1990, the books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each regional development center shall update its books of account on a quarterly basis and shall present the quarterly update to the commis sioner. The department shall conduct a performance audit of each regional development center at least once every three years.
50-8-40. When federal or state law or regulations require the designation of an areawide or multicounty public or private corporation, organization, or agency for multicounty delivery of human service programs, the state agency administering such programs shall

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send a notice of intent to designate such area-wide or multicounty corporation, organization, or agency to units of local government in the area to be affected. The notice shall discuss in general the details of the program and, when applicable, possible local government involvement.
50-8-41. Each area planning and development commission in existence as of June 30, 1989, shall automatically be succeeded by the regional development center for the same region as of July 1, 1989, and each such regional development center shall be governed, from and after July 1, 1989, by this article. All contractual obligations, obligations to employees, other duties, rights, and benefits of such area planning and development commissions shall automatically become duties, obligations, rights, and benefits of their respective successor regional development centers.
50-8-42. Any metropolitan area planning and development commission, created pursu ant to Article 4 of this chapter, shall also serve as the regional development center for the area covered by such metropolitan area planning and development commission. The duties, responsibilities, and functions and the power and authority granted the metropolitan area planning and development commission by law are, and shall be construed to be, cumulative with, and in addition to, the duties, responsibilities, and functions and the power and au thority granted regional development centers by law. In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional development centers, however, the laws governing metropolitan area planning and development commissions shall control and shall govern the metropolitan area planning and development commission. For example, but without intending to limit the generality of the foregoing statement, the provisions of Code Sections 50-8-84 through 50-8-87, regarding membership of a metropolitan area planning and development commis sion, terms of officers, quorums, and elections of officers, would govern a metropolitan area planning and development commission instead of the provisions covering the same subject matter under this article.
50-8-43. The governing authorities of the local governmental entities within each re gional development center may appropriate or loan their funds, facilities, equipment, and supplies to the regional development center.
50-8-44. Each regional development center exists for nonprofit and public purposes; and it is found and declared that the carrying out of the purposes of each regional development center is exclusively for public benefit and its property is public property. Thus, no regional development center shall be required to pay any state or local ad valorem, sales, use, or income taxes.
50-8-45. (a) The following provisions apply to all regional development centers. The Department of Administrative Services is authorized to permit regional development cen ters, on an optional basis, to purchase their motor vehicles, material, equipment, services, and supplies through the state and to issue purchase orders for regional development cen ters for motor vehicles, material, equipment, services, and supplies.
(b) The regional development centers of this state are authorized to purchase stock from the state's central supply system operated by the Department of Administrative Services.
(c) The regional development centers of this state are authorized to purchase under state-wide term contracts and price agreements established by the Department of Adminis trative Services.
(d) The regional development centers of this state are authorized to receive directly from the Department of Administrative Services personal property declared surplus by the state.
(e) The commissioner of administrative services shall prescribe regulations necessary for implementation of this Code section and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution of

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motor vehicles, material, equipment, services, and supplies for the regional development centers of this state.
50-8-46. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 4
Section 4.1. Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations, is amended by adding a new Chapter 70 to read as follows:
"CHAPTER 70
36-70-1. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the environ ment, and the vital areas of the state. The purpose of this chapter is to provide for local governments to serve these essential public interests of the state by authorizing and promot ing the establishment, implementation, and performance of coordinated and comprehensive planning by municipal governments and county governments, and this chapter shall be con strued liberally to achieve that end. This chapter is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
36-70-2. As used in this chapter, the term:
(1) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and pro cedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department.
(2) 'Coordinated and comprehensive planning' means planning by counties and munici palities undertaken in accordance with the minimum standards and procedures for prepara tion of plans, for implementation of plans, and participation in the coordinated and compre hensive planning process, as established by the Department of Community Affairs.
(3) 'County' means any county of this state.
(4) 'Department of Community Affairs' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50.
(5) 'Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality.
(6) 'Minimum standards and procedures' means the minimum standards and proce dures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the Department of Community Affairs in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the Department of Community Affairs.
(7) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(8) 'Region' means the territorial area within the boundaries of operation for any re gional development center, as such boundaries shall be established from time to time by the board of the Department of Community Affairs.
(9) 'Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50.

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36-70-3. The governing bodies of municipalities and counties are authorized:
(1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan;
(2) To develop, establish, and implement land use regulations which are consistent with the comprehensive plan of the municipality or county, as the case may be;
(3) To develop, establish, and implement a plan for capital improvements which con forms to minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality or county, as the case may be;
(4) To employ personnel, or to enter into contracts with a regional development center or other public or private entity, to assist the municipality or county in developing, estab lishing, and implementing its comprehensive plan;
(5) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance; and
(6) To take all action necessary or desirable to further the policy of the state for coordi nated and comprehensive planning, without regard for whether any such action is specifi cally mentioned in this chapter or is otherwise specifically granted by law.
36-70-4. (a) Each municipality and county shall automatically be a member of the re gional development center for the region which includes such municipality or county, as the case may be.
(b) Each municipality and county shall pay, when and as they become due, the annual dues required for membership in its regional development center.
(c) Each municipality and county shall participate in compiling a Georgia data base and network, coordinated by the Department of Community Affairs, to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies.
36-70-5. Nothing in this chapter shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 5
Section 5.1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the general provisions regarding the Department of Natural Resources, is amended by adding at the end thereof a new Code Section 12-2-8 to read as follows:
"12-2-8. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this Code section is to provide for the department to serve these essential public interests of the state. This Code section shall be liberally construed to achieve its purpose. This Code section is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II (a)(l) and Article IX, Section II, Paragraphs III and IV.
(b) The department is therefore authorized to develop minimum standards and proce dures, in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures, for the protection of the natural resources, environ ment, and vital areas of the state, including, but not limited to, the protection of watersheds of streams and reservoirs which are to be used for public water supply, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards

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and procedures shall be used by local governments in developing, preparing, and imple menting their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2.
(c) The minimum standards and procedures for watershed protection referred to in sub section (b) of this Code section shall specifically include, but shall not be limited to, buffer areas along streams and reservoirs, land development densities, and land use activities. The department may adopt differing minimum standards and procedures of watershed protec tion based on the size of the watershed, the size or flow volume of the stream or reservoir, and whether or not the actual use of the municipal water supply is existing or proposed.
(d) The minimum standards and procedures referred to in subsection (b) of this Code section shall also specifically include, but shall not be limited to, land use activities and development densities for the protection of ground water. The department may adopt dif fering minimum standards and procedures for ground-water purity protection based on the relative sizes, depths, and water volumes of various aquifers and based on the relative sus ceptibility of ground water to contamination by various land use activities and development densities.
(e) The minimum standards and procedures referred to in subsection (b) of this Code section shall include, but shall not be limited to, land use activities, land development den sities, and activities which involve alteration of wetlands. The department may adopt differ ing minimum standards and procedures for wetlands protection based on the size or type of wetlands, the need to protect endangered or protected species or other unusual resources, and the need for a particular land use activity which will affect a wetland."
Part 6
Section 6.1. Code Section 2-6-28 of the Official Code of Georgia Annotated, relating to the number and boundaries of soil and water conservation districts, is amended by striking subsection (b) thereof and inserting in its place a new subsection (b) to read as follows:
"(b) If two-thirds of the supervisors within each of the affected districts, each of the governing authorities of each county within any affected district, and the State Soil and Water Conservation Commission agree to the alteration of any district or the formation of any new district, the alteration or information may be effected if all such approvals are filed with the commission along with the description of the altered boundaries or the boundaries of the new districts. The alteration of existing districts or formation of new districts may not be effected so that the boundaries of any such district will traverse the boundaries of any regional development center within the district or districts. All of the property and assets of any altered district shall be distributed among the affected districts in accordance to the same ratio used in the distribution of state appropriated funds to the affected districts."
Section 6.2. Code Section 8-2-113 of the Official Code of Georgia Annotated, relating to the promulgation of rules and regulations by the commissioner of community affairs with respect to industrialized buildings, is amended by striking paragraph (10) of subsection (d) thereof and inserting in its place a new paragraph (10) to read as follows:
"(10) One member shall be from a regional development center; and".
Section 6.3. Code Section 12-3-114 of the Official Code of Georgia Annotated, relating to policies guiding the Department of Natural Resources in creating and administering the Georgia Scenic Trails System, is amended by striking paragraph (6) thereof and inserting in its place a new paragraph (6) to read as follows:
"(6) Planning and developing the system should be coordinated with the regional devel opment centers and the Department of Community Affairs;".
Section 6.4. Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Metropolitan River Protection Act," is amended by striking

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paragraphs (4) through (7) of Code Section 12-5-441, relating to definitions of terms, and inserting in their respective places new paragraphs (4) through (7) to read as follows:
"(4) 'Center' means the regional development center created for any county or group of counties included in each such region pursuant to the authority contained in Article 2 of Chapter 8 of Title 50."
"(5) 'Certificate' means a building permit or other written authorization issued under this part and shall include, as a part thereof, the application and all documents supplied in support thereof and the approval by the governing authority together with any conditions thereto."
"(6) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources."
"(7) 'Flood plain' means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 years. The center shall deline ate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army, or such other studies as the center deems competent."
Section 6.5. Said part is further amended by striking paragraph (13) of Code Section 12-5-441, relating to definitions of terms used in the "Metropolitan River Protection Act," and inserting in its place a new paragraph (13) to read as follows:
"(13) 'Plan' means the comprehensive plan prepared by the center pursuant to Code Section 12-5-443."
Section 6.6. Said part is further amended by striking Code Section 12-5-443, relating to the preparation, adoption, and revision of comprehensive land and water use plans by the commission, and inserting in its place a new Code Section 12-5-443 to read as follows:
"12-5-443. The center shall, consistent with the purposes of this part:
(1) Prepare, adopt, and keep up to date a comprehensive, coordinated land and water use plan for the stream corridor. The plan, as prepared and approved by the center, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. The plan, as adopted by the center, shall be transmitted to each political subdivision by June 16, 1973. The plan as adopted by the center for any and all land brought within the stream corridor after March 1, 1983, shall be transmitted to each political subdivision and to the director by July 1, 1983. The center may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this part. The center may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the center shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The center shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies;
(2) Foster and undertake such studies of water and related land resources problems in the stream corridor as are necessary in the preparation or revision of the plan;
(3) Make such rules and regulations as may be necessary to implement the purposes of this part and to administer and implement this part and all rules, regulations, and orders promulgated under this part. A copy of any rules and regulations promulgated pursuant to this paragraph by a center which is also a metropolitan area planning and development commission created pursuant to Article 4 of Chapter 8 of Title 50 shall be provided to the Georgia Senate Natural Resources Committee and the Georgia House of Representatives Natural Resources and Environment Committee; and

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(4) Charge a reasonable fee to each applicant for review of any application for a certifi cate, which fee shall be sufficient to defray all or any portion of the administrative costs of review of the application by the center and of the cost to the center of monitoring and inspection of compliance with such certificates."
Section 6.7. Said part is further amended by striking subsections (a) and (b) of Code Section 12-5-444, relating to prohibited land and water uses, and inserting in their respec tive places new subsections (a) and (b) to read as follows:
"(a) (1) Pending adoption of the plan by the center, it shall be unlawful for any person to erect, maintain, suffer, or permit any structure, dam, obstruction, deposit, clearing, or excavation in or on the stream corridor which will adversely affect the efficiency of or re strict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center, issue a letter or written statement signed by the executive director of the center ruling with respect to any proposed land or water use in any political subdivision that none of the above-listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment control ordinance.
(2) Pending adoption of the plan by the center as to any land brought within the stream corridor after March 1, 1983, it shall be unlawful for any person to engage in any land-disturbing activity in or on such land within the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utili zation of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollu tion. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center as to any land brought within the stream corridor after March 1, 1983, issue a letter or written statement signed by the executive director of the center, ruling with respect to any proposed land-disturbing activity in or on such land that none of the above-listed adverse effects will occur as a result of the proposed use."
"(b) (1) After adoption by the center of the plan or any portion thereof or any amend ment thereto, it shall be unlawful within those areas regulated by the plan or any portion thereof or any amendment thereto for any person to engage in any land-disturbing activity in or on the stream corridor which will be incompatible or inconsistent with the plan or any portion thereof or any amendment thereto. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision issues a certificate for the proposed use pursuant to Code Section 12-5-445.
(2) The governing authority shall, before referring the application to the center pursu ant to Code Section 12-5-445, require the applicant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request and as required by the plan and rules and regulations adopted pursuant to this part.
(3) Any land-disturbing activity shall be done strictly in accordance with the certificate issued under this part. Any substantial change or modification of a proposed land-disturbing activity for which a certificate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this part.
(4) The governing authority shall adopt ordinances, regulations, or procedures as neces sary to assure that any land-disturbing activity is conducted in compliance with the plan and the certificate."
Section 6.8. Said part is further amended by striking Code Section 12-5-445, relating to

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the transmittal of applications, findings, and supporting documents to the commission for review, and inserting in its place a new Code Section 12-5-445 to read as follows:
"12-5-445. (a) After receipt of a complete application for a certificate, the governing authority shall transmit to the center a copy of such complete application and all supporting documents.
(b) (1) If, from the application or from its own investigation, the center finds that there are inconsistencies between the plan and the land-disturbing activity proposed by the appli cation, the center may do any one of the following:
(A) Recommend modification of the application in such manner as to be consistent with the plan;
(B) Make a finding that the application, while not consistent with the plan in all re spects, will provide a level of land and water resource protection equivalent to an applica tion consistent with the plan; or
(C) Recommend modification of the application in such manner that the application as so modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan.
(2) If the center fails to recommend modification of the application within 60 days from submission of such application to the center and if the governing authority makes a specific finding that the application is consistent with the plan or makes a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, the governing authority shall be deemed to have complied with this Code section and may issue the certificate.
(c) In any case where the center has recommended modification of an application, the governing authority may:
(1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in accordance with the recommendation so incorporated;
(2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority:
(A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the center's recommendation, after giving public notice and after mailing notice to the applicant and to the center at least five days prior to the hearing;
(B) Gives full consideration to all comments made at the second public hearing;
(C) Obtains from the director a written finding that the application is consistent with the plan or, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; and
(D) Reaffirms the vote to override the center's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(3) Request reconsideration of such recommendation by the center at a public hearing.
If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the center to the

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governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the center within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant and public notice shall be given. The center shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved.
(d) (1) In making the findings required by subsection (b) or by paragraph (2) of subsec tion (c) of this Code section, the center, the governing authority, and the director shall follow the purposes set forth in this part and the goals set forth by the plan, as amended.
(2) Any finding by the director under paragraph (2) of subsection (c) of this Code sec tion shall be appealable under Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act,' as are final decisions in contested cases."
Section 6.9. Said part is further amended by striking Code Section 12-5-447, relating to minimum standards for certificates and recommendations, and inserting in its place a new Code Section 12-5-447 to read as follows:
"12-5-447. Every certificate issued by a governing authority and every recommendation of the center, unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of flood waters, and will not result in significant land erosion, stream bank erosion, siltation, or water pollution, shall comply with the following minimum standards:
(1) No land or water use shall be permitted in the flood plain; and
(2) No land or water use shall be permitted within 150 horizontal feet of the watercourse."
Section 6.10. Said part is further amended by striking Code Section 12-5-448, relating to rights of appeal from final determinations and other actions of the commission and gov erning authorities, and inserting in its place a new Code Section 12-5-448 to read as follows:
"12-5-448. Any person aggrieved by any final determination, cease and desist order, other order, or other final action of the center or a governing authority under this part and who has exhausted any administrative remedies may take an appeal to the superior court of the county in which all or part of the land affected lies. The appeal shall be filed within 30 days from the date of the final determination, cease and desist order, other order, or other final action of the governing authority or committee of such governing authority or of the center. Upon failure to file an appeal within 30 days, the decision of the governing authority or committee of such governing authority or of the center shall be final. The appeal shall be heard by the judge of the superior court without a jury."
Section 6.11. Said part is further amended by striking subparagraph (B) of paragraph (4) of Code Section 12-5-451, relating to uses to which the provisions of the "Metropolitan River Protection Act" are inapplicable, and inserting in its place a new subparagraph (B) of paragraph (4) to read as follows:
"(B) Upon request by the owner of any land included in the stream corridor for the first time after March 1, 1983, the center shall make a determination whether any land or water use or land-disturbing activity on such land satisfies the conditions set forth in this subsec tion for exclusion from application of this part. Any such request shall be accompanied by any information concerning the land or water use or land-disturbing activity as the center may reasonably request. If the center determines that the land or water use or land-dis turbing activity fails to satisfy the conditions set forth in this subsection, the center shall state the reasons therefor. The center shall be authorized to delegate this authority to its executive director. If such delegation is made, any person aggrieved by any such determina tion of the executive director may appeal such determination to the center within 30 days of the issuance of such determination; or".

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Section 6.12. Said part is further amended by striking subsection (b) of Code Section 12-5-452, relating to cease and desist orders for violations of provisions of the "Metropolitan River Protection Act," and inserting in its place a new subsection (b) to read as follows:
"(b) Any land-disturbing activity in violation of this part, any rule or regulation adopted pursuant to this part or any certificate issued pursuant to this part shall be a public nuisance; and the creation and maintenance thereof may be enjoined and abated upon an action being filed by the center, any political subdivision affected, the director, or any person."
Section 6.13. Said part is further amended by striking subsections (b) and (c) of Code Section 12-5-453, relating to minimum requirements of local regulation of land in drainage basins, and inserting in their respective places new subsections (b) and (c) to read as follows:
"(b) If the governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations which effectively control erosion and sedi mentation in a tributary, the center shall give written notice to the governing authority of its intent to request the director to undertake enforcement of erosion and sediment control regulations in the drainage basin of such tributary. If, after such notice from the center, the governing authority fails to demonstrate, to the satisfaction of the center, its intent and ability to enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of such tributary, the center shall request the director to assume enforce ment of erosion and sediment control regulations in the drainage basin of such tributary."
"(c) Upon notification by the center of a governing authority's failure to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drain age basin of a tributary or upon a determination by the director, after consultation with the center, that a governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary, the director may revoke the certification of a governing authority as an issuing authority for permits required by the 'Erosion and Sedimentation Act of 1975,' for the land within the drainage basin of such tributary."
Section 6.14. Said part is further amended by striking subsections (a) and (b) and the introductory language of subsection (c) of Code Section 12-5-456, relating to notification of local authorities of violations of the "Metropolitan River Protection Act," and inserting in their respective places new subsections (a) and (b) and new introductory language in subsec tion (c) to read as follows:
"(a) If the center has reason to believe that any person is carrying out any land-dis turbing activity in or on the stream corridor without a certificate pursuant to this part, in violation of the terms and conditions of a certificate issued pursuant to this part, or in any other respect in violation of this part, the center shall notify the governing authority of the political subdivision in which such illegal activity is taking place and shall recommend ac tion to correct the situation. A copy of such notice to the governing authority shall be fur nished to the director. If the center has determined that the violation requires immediate enforcement action, the notice to the governing authority shall so state."
"(b) If, after notice from the center, pursuant to subsection (a) of this Code section, of a violation which requires immediate enforcement action, a governing authority has failed to initiate an enforcement action or otherwise secure cessation of the violation within three business days of receipt of such notice, the center shall so advise the director."
"(c) Upon notice from the center pursuant to subsection (b) of this Code section of a violation of this part which requires immediate enforcement action and as to which the governing authority has failed to initiate enforcement action or otherwise secure cessation of the violation or upon a determination by the director, after consultation with the center, that any person is violating any provision of this part, any rule or regulation adopted pursu ant to this part, or the terms and conditions of any certificate issued pursuant to this part and that the public interest requires that the state take immediate action, the director shall

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have the authority to employ any one or any combination of any or all of the following enforcement methods:".
Section 6.15. Code Section 31-6-43 of the Official Code of Georgia Annotated, relating to the acceptance or rejection of an application for a certificate of need, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows:
"(a) Each application for a certificate of need shall be reviewed by the planning agency and within ten working days after the date of its receipt a determination shall be made as to whether the application complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the planning agency shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The planning agency shall also notify a newspaper of general circulation in the county in which the project shall be developed that the application has been deemed complete. The planning agency shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules governing the preparation and submission of applications, the planning agency shall notify the applicant in writing and provide a list of all deficiencies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a news paper of general circulation in the county in which the project shall be developed that the application has been so declared. The planning agency shall also notify the appropriate re gional development center and the chief elected official of the county and municipal govern ments, if any, in whose boundaries the proposed project will be located that the application is complete for review or when in the determination of the planning agency a significant amendment is filed."
Section 6.16. Said Code section is further amended by striking subsection (g) thereof and inserting in its place a new subsection (g) to read as follows:
"(g) The planning agency shall, no later than 90 days after an application is declared complete for review, or in the event joinder is ordered pursuant to subsection (d) of this Code section, then 90 days after the last joined application is declared complete for review, provide written notification to an applicant of the planning agency's decision to issue or to deny issuance of a certificate of need for the proposed project. In the event the planning agency has extended the review period pursuant to subsection (c) of this Code section, then the planning agency shall provide such written notification within 120 days after the appli cation, or the last application joined pursuant to subsection (d) of this Code section, was declared complete for review. Such notice shall contain the planning agency's written find ings of fact and decision as to each applicable consideration or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a certificate of need for the action proposed by each applicant. The planning agency shall also mail such notification to the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall be effec tive on the day of the decision unless the decision is appealed to the review board in accor dance with this chapter."
Section 6.17. Code Section 32-9-1 of the Official Code of Georgia Annotated, relating to financial support and project grants for research, programs, and purchases, is amended by striking subsection (b) and paragraph (1) of subsection (c) and inserting in their respective places a new subsection (b) and a new paragraph (1) of subsection (c) to read as follows:
"(b) Subject to general fund appropriations for such purposes and any provisions of Chapter 5 of this title to the contrary notwithstanding, the department is authorized, within the limitations provided in paragraphs (1) and (2) of this subsection, to provide to munici-

THURSDAY, MARCH 2, 1989

1509

palities, counties, regional development centers, authorities, state agencies, and public and private mass transportation operators:
(1) Financial support for research concerning mass transportation, by contract or other wise; and
(2) Project grants to supplement federal, local, or federal and local funds for use:
(A) In providing for studies, analyses, and planning and development of programs for mass transportation service and facilities;
(B) In providing for research, the development, and demonstration projects in all phases of mass transportation;
(C) In providing for programs designed solely to advertise, promote, and stimulate the development and use of mass transportation facilities; and
(D) In providing for the purchase of facilities and equipment, including rolling stock, used or to be used for the purpose of mass transportation."
"(1) The governing bodies of municipalities, counties, regional development centers, au thorities, state agencies, and public and private mass transportation operators may, by for mal resolution, apply to the department for financial support and project grants provided by this Code section."
Section 6.18. Code Section 44-3-3 of the Official Code of Georgia Annotated, relating to registration statements under the "Georgia Land Sales Act of 1982," is amended by striking subparagraph (R) of paragraph (3) and inserting in its place a new subparagraph (R) to read as follows:
"(R) If the state, county, or municipality in which the subdivision is located has a plan ning and zoning ordinance in effect, a certificate of approval or compliance from the local governing authority stating that the subdivision is in compliance with the applicable ordi nance or, if the state, county or municipality in which the subdivision is located has no planning and zoning ordinance in effect, a certificate of approval from the appropriate re gional development center;".
Section 6.19. Code Section 45-12-172 of the Official Code of Georgia Annotated, relating to the duty of the Office of Planning and Budget to review and comment on proposed devel opment programs and to serve as liaison with levels of government, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
"(1) Reviewing and commenting upon the interrelationship with state planning of all applications for federal financial assistance by units of local government and local public agencies, regional development centers, and state agencies; and, where appropriate, review ing and commenting to appropriate federal or state agencies that such proposed programs satisfy the requirements of or are not inconsistent with state law or with state and area forecasts and development programs or other state policies; and".
Section 6.20. Code Section 49-8-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in "The Economic Rehabilitation Act of 1975," is amended by striking paragraph (2) and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Community action agency' means a public or private nonprofit agency recognized as a community action agency by the Community Services Administration on January 1, 1975, and also designated and recognized by the state or a county or comparable unit of general local government having a population of 100,000 or more persons or by a combina tion of local governments within any regional development center boundary in this state."
Section 6.21. Code Section 49-8-5 of the Official Code of Georgia Annotated, relating to the distribution of funds under "The Economic Rehabilitation Act of 19675," is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Moneys appropriated for the purposes of this chapter shall be allocated by contract with community action agencies. Such allocations shall be approved by the director only

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upon the submission of a proposal prepared by the agency and approved by the local gov erning authority or combination of authorities within a regional development center."
Section 6.22. Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to metropolitan area planning and development commissions, is amended by striking Code Section 50-8-81, relating to legislative intent, and inserting in its place a new Code Section 50-8-81 to read as follows:
"50-8-81. It is in the public interest to create an agency composed of officials of political subdivisions and private citizens to coordinate planning and development within each area of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census; to designate the agency as the regional development center under Article 2 of this chapter to make the agency the official metropol itan agency for comprehensive research, study, advice, and review concerning area plans; to improve relationships between political subdivisions and public agencies within areas; and to provide policy direction for the solution of common problems through short and longrange comprehensive planning within areas."
Section 6.23. Said article is further amended by striking Code Section 50-8-83, relating to powers, duties, and obligations of a commission, and inserting in its place a new Code Section 50-8-83 to read as follows:
"50-8-83. A commission shall be, for its area, a regional development center as defined in and with all the powers, duties, and obligations of a regional development center set forth in Article 2 of this chapter and any other law of general application pertaining to regional development centers on July 1, 1989; and in addition shall have all of the other powers, duties, and obligations set forth in this article."
Section 6.24. Article 5 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to rural economic development, is amended by striking Code Section 50-8121, relating to the designation of planning and development areas as rural economic devel opment areas, and inserting in its place a new Code Section 50-8-121 to read as follows:
"50-8-121. Each regional development center of this state, except the regional develop ment center which is also the metropolitan area planning and development commission pro vided for in Article 4 of this chapter, shall constitute a rural economic development area for the purposes of this article."
Section 6.25. Said article is further amended by striking subsections (a) and (c) of Code Section 50-8-122, relating to studies for proposed projects, and inserting in their respective places new subsections (a) and (c) to read as follows:
"(a) The regional development center of each rural economic development area pro vided for in Code Section 50-8-121 may conduct a study for proposed major economic devel opment projects within its respective rural economic development area. The study shall util ize the most recent economic information available."
"(c) Funds for studies provided for in this Code section shall come from funds appro priated to the Department of Community Affairs specifically for such purpose. The depart ment, in consultation with state agencies, local governments, regional development centers, local development organizations, and others, shall establish guidelines for the distribution of funds to carry out the studies provided for in this Code section and shall establish guide lines for the preparation of economic development project studies. Such guidelines shall be approved by the Board of Community Affairs."
Section 6.26. Said article is further amended by striking subsections (a) and (b) of Code Section 50-8-123, relating to the recommendation, approval, funding, and implementation of projects, and inserting in its place new subsections (a) and (b) to read as follows:
"(a) Each rural economic development area may submit to the Department of Commu nity Affairs proposed economic development projects by January 1, 1989. All proposed projects shall be endorsed by the appropriate local government and shall be evaluated for funding based upon rating and selection criteria prepared by the department in consultation

THURSDAY, MARCH 2, 1989

1511

with state agencies, local governments, regional development centers, local development or ganizations, and others. Such criteria shall be approved by the Board of Community Affairs."
"(b) The department shall be authorized to expend funds available to the department under subsection (c) of this Code section to assist in the implementation of projects ap proved under the procedures outlined in this Code section. In carrying out the intent of this Code section, the Department of Community Affairs, state agencies, regional development centers, local governments, local development organizations, and other agencies or organiza tions receiving funding from the department are authorized to incorporate other public or private funds into project budgets needed to assure the feasibility of proposed economic development projects authorized under this article."
Section 6.27. Code Section 50-8-190 of the Official Code of Georgia Annotated, relating to the creation and membership of the State Mapping and Land Records Modernization Advisory Board, is amended by striking subparagraph (c)(l)(H) and inserting in its place a new subparagraph (c)(l)(H) read as follows:
"(H) The Regional Development Centers;".
Section 6.28. Code Section 50-8-191 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Mapping and Land Records Modernization Advisory Board, is amended by striking paragraphs (2), (3), and (6) and inserting in their respective places new paragraphs (2), (3), and (6) to read as follows:
"(2) To provide financial incentives for a. limited number of local governments to serve as pilot programs for the modernization of local land records. The pilot programs should include one urban county, one urbanizing county, and at least one rural county in combina tion with a regional development center. The major product of the pilot programs will be procedural guidelines for the modernization of land records in Georgia;"
"(3) To encourage cost savings due to the coordination of data acquisition and data exchange among the federal government, local governments, regional development centers, the private sector, and various agencies of state government;"
"(6) To contract with state agencies, federal agencies, local governments, regional devel opment centers, units of the University System of Georgia, as well as private persons and corporations to conduct technical studies and other work."
Section 6.29. Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definitions of terms, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Nonprofit contractor' means any individual, partnership, corporation, association, organization, or similar entity which contracts with and receives public funds from a state agency to provide services on a nonprofit basis. The term 'nonprofit contractor" includes only those entities which do not distribute any part of their income or profit to members, directors, officers, or any other private person. The term 'nonprofit contractor' shall not include authorities, nonprofit hospitals, nonprofit nursing homes, state-wide associations of local governments, any educational institution of higher learning located in this state and accredited by the Southern Association of Colleges and Schools, any nonprofit organization which, during the applicable fiscal year of the organization, does not receive more than a total of $5,000.00 from all state agencies combined, the federal government, state or local governments, or school systems or their agencies, but shall include regional development centers and community action agencies. If a state agency contracts with a unit in this state of a national or multistate organization, the state unit shall be considered the nonprofit contractor for the purposes of this chapter."
Section 6.30. Code Section 50-20-4 of the Official Code of Georgia Annotated, relating to the prohibition against a nonprofit contractor receiving state funds under certain circum-

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stances, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) The prohibition referred to in subsection (a) of this Code section against receiving funds from any state agency shall not apply to grants to regional educational service agen cies under Part 11 of Article 6 of Chapter 2 of Title 20 or to HUD-701 planning grants to regional development centers."
Part 7 Section 7.1. 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 215 offered by the Senate Committee on Governmental Operations by striking on line 19 of page 44 the following:
" 'Chief executive officer' ", and inserting in its place the following:
" 'Chief elected official' ". By striking on line 21 of page 44, on lines 22 and 23 of page 44, on lines 25 and 26 of page 44, on line 24 of page 52, and on line 27 of page 52 the following: "chief executive officer", and inserting in its place the following: "chief elected official".
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 215 offered by the Senate Committee on Governmental Operations by striking from lines 29 and 30 of page 50 the following:
"Counties and municipalities within a regional development center", and inserting in its place the following:
"Each county and the municipalities within such county". By striking from lines 4 and 5 of page 51 the following: "board of the regional development center", and inserting in its place the following: "county and the municipalities within such county".
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 215 offered by the Senate Committee on Governmental Operations by striking on line 24 of page 51 the following:
"50(t",
and inserting in its place the following: "25e".

THURSDAY, MARCH 2, 1989

1513

On the adoption of the amendment, the yeas were 42, nays 4, and the amendment was adopted.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 215 offered by the Senate Committee on Governmental Operations by striking from lines 2 through 6 of page 78 the following:
", in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures,".
By adding at the end of line 16 of page 78 the following: "The minimum standards and procedures shall be developed in accordance with para graph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with Code Section 50-8-7.2 with the exception that the initial minimum standards and procedures developed by the department shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources rather than the committees named in Code Section 50-8-7.2."
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 215 offered by the Senate Committee on Governmental Operations by striking on line 20 of page 7 the following:
"Any",
and inserting in its place the following: "With respect to or in connection with any". By striking on line 28 of page 45 the following: "Any",
and inserting in its place the following: "With respect to or in connection with any".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 215 offered by the Senate Committee on Governmental Operations by striking line 9 of page 45 in its entirety and inserting in lieu thereof the following:
"Article 1 of this chapter."
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
Senators Peevy of the 48th and Deal of the 49th offered the following amendment:
Amend the substitute to HB 215 offered by the Senate Committee on Governmental Operations by adding between lines 4 and 5 of page 37 the following:
"(i) Any county or municipality which is not classified as a qualified local government

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under the terms of this Act shall not be ineligible for or denied grants or other funds from the State or any agency thereof, solely on the basis of their failure to qualify as a qualified local government under this Act."

On the adoption of the amendment, the yeas were 7, nays 38, and the amendment was lost.

On the adoption of the substitute, the yeas were 44, 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
owen B^rroaTMunTM pB.urton Coleman Qoli;ns Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner
Gillis HHaamrrims ill ,,Howard, Hu^ins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th RRaaygan of 32nd ,,Sco.t.t off ,,2nd, Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Not voting was Senator Tate.

On the passage of the bill, the yeas were 55, nays 0.

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

The following resolution of the Senate was read and adopted:

SR 221. By Senators Baldwin of the 29th, Allgood of the 22nd, Kennedy of the 4th and others:
A resolution recognizing William F. Parley and welcoming him to the State of Georgia.

Senator Baldwin of the 29th introduced William F. Parley, founder and chairman of Farley, Inc., which has acquired West Point-Pepperell, Inc., a Georgia based textile manu facturing firm, and Mr. Farley briefly addressed the Senate.

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

THURSDAY, MARCH 2, 1989

1515

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 105. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th, and Hammill of the 3rd:
A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and salt-water fishing in general, so as to provide for the opening and closing of the salt waters of this state as to fishing for certain fish; to establish creel and size limits as to certain fish; to provide for related matters; to provide an effective date.

The House amendment was as follows:

Amend SB 105 as follows: On page 3, line 13, delete "--18"; and on page 3, line 15, delete "--27".

Senator Gillis of the 20th moved that the Senate agree to the House amendment to SB 105.

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun Burton Collins Coverdell Dawkins Dean Echols Edge English Engram

Fincher Foster Garner Gillis Hammill Harris Huggins Johnson Kidd McKenzie Newbill Peevy Perry

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

Those not voting were Senators:

Allgood Baldwin Brannon Clay Coleman Deal

Fuller Howard Kennedy (presiding) Land Langford

Olmstead Parker Shumake Tate Walker

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 105.

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JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.
Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 225, and that a Conference Committee be appointed.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 225.
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 Kidd of the 25th, Olmstead of the 26th and Walker of the 43rd.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd, Coleman of the 1st, Foster of the 50th and Land of the 16th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contri butions to or on behalf of the person holding office as Commissioner of Insurance.
The House substitute to SB 30 was as follows:
A BILL
To be entitled an Act to amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to candidates or campaign committees, so as to prohibit persons acting on behalf of insurers regulated by the Commissioner of Insurance from contributing to political campaigns of candidates for Commissioner of Insurance; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to candidates or campaign committees, is amended by adding a new subsection, to be designated subsection (g), to read as follows:
"(g) A person acting on behalf of an insurer regulated by the Commissioner of Insur ance shall not make, directly or indirectly, any contribution to a political campaign of a candidate for Commissioner of Insurance."
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.

THURSDAY, MARCH 2, 1989

1517

Senator Stumbaugh of the 55th moved that the Senate disagree to the House substitute to SB 30.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 30.

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

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 395. By Representative Murphy of the 18th: A resolution relative to adjournment.

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

HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.

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

HB 475. By Representative Watson of the 114th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit Sys tem, so as to change the definition of employer to include certain credit unions.
Senate Sponsor: Senator Barker of the 18th.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 16, 1989

SUBJECT: House Bill 475 (Committee Substitute) (LC 7 7339S) Joint Municipal Employees Benefit Fund

This Bill would add state or federally chartered credit unions whose membership is comprised of municipal, county, or hospital authority employees to the list of organizations defined as "employers" under the Joint Municipal Employees Benefit System. This would authorize the credit unions to contract with the Joint Municipal Employees Benefit System to offer retirement and employee benefits. If enacted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.

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JOURNAL OF THE SENATE

This is to certify that this is a nonfiscal retirement Bill as defined in the Public Retire ment Systems Standards Law.
/s/ G. W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bowen Brannon Broun
Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead

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

Those not voting were Senators:

Coleman

McKenzie

Tate

Kennedy (presiding)

Stumbaugh

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

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

The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 327. By Senators Newbill of the 56th, Clay of the 37th, Barnes of the 33rd and Ragan of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change certain costs and the provisions relating to costs in such court; to provide an effective date.

The House amendment was as follows:

Amend SB 327 by striking line 39 of page 5 and inserting in lieu thereof the following: "that he is authorized to charge".

Senator Newbill of the 56th moved that the Senate agree to the House amendment to SB 327.

THURSDAY, MARCH 2, 1989

1519

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 327.

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

HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Hooks of the 116th, Smyre of the 92nd and Lawson of the 9th:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 145.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 145.

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

HB 258. By Representative Porter of the 119th:
A bill to amend Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, so as to permit aliens lawfully admitted to the United States for permanent residence to act as executors; to change the circumstances under which nonresident executors and coexecutors shall be required to give bond.
Senate Sponsor: Senator Johnson of the 47th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon BTM" BCluaryton Collins
Coverdell Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Hammill Harris HHuogwgairnds Johnson
Kidd Land Langford Newbill Olmstead Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd pjav gcott of 2nd S0 co.t,t oef ,,36,,t.,h Shumake
Starr Stumbaugh Tay'or Timmons Turner Tysinger Walker

Voting in the negative was Senator Dawkins.

1520

JOURNAL OF THE SENATE

Those not voting were Senators:

Baldwin Barker Coleman

Gillis Kennedy (presiding) McKenzie

Parker Tate

On the passage of the bill, the yeas were 47, nays 1.

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

HR 228. By Representatives Greene of the 130th and Manner of the 131st: A resolution designating the Creek Indian Trail Scenic Highway.

Senate Sponsor: Senator Timmons of the llth.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Howard Johnson Kidd Langford McKenzie Newbill Olmstead Peevy Perry

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

Those not voting were Senators:

Baldwin Brannon Coleman Gillis

Hammill Harris Huggins Kennedy (presiding)

Land Parker Tate Taylor

On the adoption of the resolution, the yeas were 44, nays 0.

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

HB 864. By Representative Chambless of the 133rd:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, the Board of Human Re sources, and the commissioner of human resources, so as to require service of notice of the pendancy of certain actions against the Department of Human Re sources, the Board of Human Resources, the commissioner of human resources, or any employee or agent thereof.

Senate Sponsor: Senator Edge of the 28th.

THURSDAY, MARCH 2, 1989

1521

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 Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead

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

Those not voting were Senators:

Broun Coverdell Harris

Kennedy (presiding) Langford Parker

Ragan of 10th Tate

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

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

HB 574. By Representative Simpson of the 70th:
A bill to amend Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to certification of operators of water or wastewater treatment plants and laboratory analysts in general, so as to provide that the board shall be authorized to require continuing education as a condition of certificate renewal.
Senate Sponsor: Senator Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Burton Collins Dawkins

Deal Dean Echols Edge English Engram Fincher Foster Fuller

Gillis Hammill Howard Huggins Johnson Kidd Land McKenzie Newbill

1522

JOURNAL OF THE SENATE

Olmstead Peevy Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun Clay Coleman

Coverdell Garner Harris Kennedy (presiding)

Langford Parker Tate

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

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

HB 399. By Representatives Bannister of the 62nd, Barnett of the 59th, Wall of the 61st, Barnett of the 10th and Athon of the 57th:
A bill to amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, so as to provide that the term "proper identification" shall not include any traffic citation and complaint form.
Senate Sponsors: Senators Langford of the 35th and Scott of the 2nd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen rannon
,urton Coleman Collins j)eal Dean Echols Edge English Engram

Fincher Foster Fuller Gillis Hammill Howard
Huggins
Land Langford Newbill Olmstead Parker Peevy Perry

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

Those not voting were Senators:

Baldwin Broun Coverdell Dawkins

Garner Harris Johnson

Kennedy (presiding) McKenzie Tate

THURSDAY, MARCH 2, 1989

1523

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

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

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:30 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

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

HB 545. By Representative Chambless of the 133rd:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Anno tated, relating to how liens are declared and created, records, commencement of actions, notices, and priorities, so as to provide for the filing of notices with the clerk of the superior court at the time certain actions in rem are filed; to provide for practices, procedures, and requirements connected therewith.
Senate Sponsor: Senator Johnson of the 47th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood
Barker
Barnes Bwen Brannon BQurton Collins D ea i Echols Edge English Fincher

Foster Fuller Garner Gillis Hammill Howard
Huggms Johnson Kennedy Kidd Newbill Parker Peevy

Perry Pollard
Ragan of 10th
Ragan of 32nd Ray Scott of 2nd S,, humake Starr Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Baldwin Broun CCoovleemrdaenll Dawkins Dean

Engram Harris TLand, Langford McKenzie

Olmstead Phillips S,, cott of. 3,,,,6.t,h Tate Walker

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

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

1524

JOURNAL OF THE SENATE

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

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.

The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.

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

HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Hooks of the 116th, Smyre of the 92nd and Lawson of the 9th:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 145, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to HB 145.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Starr of the 44th, Allgood of the 22nd and Kennedy of the 4th.

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

SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.

The Conference Committee report on SB 38 was as follows:

The Committee of Conference on SB 38 recommends that the House of Representatives recede from its position and that the bill as passed by the Senate be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. M. Childers Representative, 15th District

THURSDAY, MARCH 2, 1989

1525

/s/ Don Johnson Senator, 47th District
/s/ Terrell A. Starr Senator, 44th District

// Eleanor L. Richardson Representative, 52nd District
/s/ Helen Selman Representative, 32nd District

Senator Howard of the 42nd moved that the Senate adopt the Conference Committee report on SB 38.

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 Broun Burton Clay Collins Dawkins Deal Dean Echols English

Engram Fincher Foster Fuller Gillis Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin Coleman Coverdell Edge

Garner Hammill Harris Phillips

Scott of 2nd Tate Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 38.

The following resolution of the Senate was read and adopted:

SR 224. By Senator McKenzie of the 14th: A resolution wishing a speedy recovery to Mr. John Maurice Slaton.

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

HB 214. By Representative McDonald of the 12th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Un employment Trust Fund.
Senate Sponsor: Senator Starr of the 44th.

1526

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 Bowen Brannon
roun
Cos Dawkins j)eal Dean Echols English Engram Fincher

Foster Fuller Garner Gillis Hammill Howard
Huggins Johnson
e " ney
Kldd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Barnes Coleman Coverdell

Edge Harris

Phillips Tate

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

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

HB 531. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the gopher tortoise as the official state reptile.
Senate Sponsor: Senator Turner of the 8th.

Senator Kidd of the 25th offered the following substitute to HB 531:

A BILL
To be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the cottonmouth water moccasin as the official state reptile; to provide for related matters; to repeal conflict ing laws; and for other purposes.
WHEREAS, the front-fanged venomous snakes are probably the most efficient predators on earth; and
WHEREAS, their ability to kill prey rapidly and without risk of injury is a characteris tic few other creatures possess; and
WHEREAS, the North American cottonmouth water moccasin, genus agkistrodon pis civorous, is always around water and feeds to a large extent on fish and frogs; and

THURSDAY, MARCH 2, 1989

1527

WHEREAS, the cottonmouth is one of the few snakes in the world that can be classi fied as a carrion feeder as it is frequently seen eating fish heads and entrails thrown away by fishermen; and
WHEREAS, it owes its name to the habit of displaying the white interior of the mouth when threatened, although many would argue that the name refers to the way a person's mouth feels upon an impromptu encounter with such a snake; and
WHEREAS, references to the "cottonmouth" are found throughout Georgia literature and folklore; and
WHEREAS, this ancient and ecologically beneficial reptile is deserving of the attention and appreciation of the citizens of this state by designation as the official state reptile.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding a new Code Section 50-3-63 at the end thereof to read as follows:
"50-3-63. The cottonmouth water moccasin is designated as the official Georgia state reptile."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th asked unanimous consent to withdraw his substitute to HB 531; the consent was granted, and the substitute was withdrawn.

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 Burton Clay Collins Dawkins Deal Dean Echols Edge Engram

Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker

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

Those not voting were Senators:

Barker Coleman Coverdell

English Harris McKenzie

Scott of 2nd Tate

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

1528

JOURNAL OF THE SENATE

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

HB 513. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd, Robinson of the 96th and Jones of the 71st:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to permit an insurer to issue variable annuity contracts to pension, retirement, or profit-sharing plans which meet the requirements of Section 414 of the United States Internal Revenue Code.
Senate Sponsor: Senator Clay of the 37th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Olmstead

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

Those not voting were Senators:

Barker Barnes Coleman
Coverdell

Garner Harris Newbill
Shumake

Starr Tate Walker

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

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

HB 606. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public schoolteachers' health insurance plan, so as to change the definition of the term "public schoolteacher"; to provide that contracts for health insurance for retiring public schoolteachers and their dependents shall be defined by regulations of the board.
Senate Sponsor: Senator Barnes of the 33rd.

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

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

THURSDAY, MARCH 2, 1989

1529

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Burton Clay Collins Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

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

Those not voting were Senators:

Albert Barker Broun Coleman

Coverdell Hammill Harris Parker

Shumake Starr Tate

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

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

HR 99. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun.
Senate Sponsor: Senator Brannon of the 51st.

The Senate Committee on Public Utilities offered the following substitute to HR 99:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in the City of Calhoun, Gordon County, Georgia; and
WHEREAS, said real property is described as follows:
All that certain tract or parcel of land situate, lying and being in the City of Calhoun, Georgia, and in Land Lot 206 of the 14th District of Gordon County, Georgia, and being more particularly described as follows, to wit:
"To find the POINT OF BEGINNING, begin at a point formed by the intersection of the easterly right-of-way line of King Street with the southerly right-of-way line of Court Street; running thence easterly south 82 54' east along the southerly right-of-way line of Court Street a distance of 80', more or less, to an iron pin set, the POINT OF BEGIN NING; thence running southerly 1857' west a distance of 279.4', more or less, to an iron pin set on the northerly right-of-way of Oothcalooga Street; thence running southerly 75 55' east along the northerly right-of-way line of Oothcalooga Street a distance of 38', more or less, to an iron pin set in the northerly right-of-way line of Oothcalooga Street; thence run-

1530

JOURNAL OF THE SENATE

ning northerly a distance of 270', more or less, to the POINT OF BEGINNING." (said tract or parcels shall be more particularly described by a plat of survey obtained by the purchaser and presented to and approved by the State Properties Commission);
and
WHEREAS, the State of Georgia currently has the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Com pany and Seaboard System Railroad) until December 31, 2019; and
WHEREAS, the City of Calhoun owns property adjoining the above-described prop erty; and
WHEREAS, the City of Calhoun is desirous of obtaining the above-described real property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the conveyance of the above-described real property shall be condi tioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in said property to the State of Georgia by appropriate instrument.
Section 3. That, notwithstanding Resolution Act 47 passed by the 1979 Regular Session of the General Assembly and approved by the Governor on April 19, 1979 (Ga. L. 1979, p. 1363), the State of Georgia, acting by and through its State Properties Commission, is au thorized to sell and convey the above-described real property by appropriate instrument to the City of Calhoun for a consideration of $650.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission.
Section 4. That the above-described real property is conveyed only for use for public purposes and the conveyance shall be valid only so long as the City of Calhoun and its successors and assigns continue to use the said property for public purposes; and, should said property be permanently abandoned or the use thereof for public purposes be perma nently discontinued, said real property shall revert to the State of Georgia.
Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated, requir ing that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
Section 6. That a resolution, Resolution Act No. 133, H. R. 507-1312, authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith, approved April 2, 1980 (Ga. L. 1980, p. 1484), is repealed in its entirety.
Section 7. That a resolution, Resolution Act No. 67, H.R. 585, authorizing the convey ance of certain state owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith, approved March 31, 1988 (Ga. L. 1988, p. 774), is repealed in its entirety.
Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 9. That all laws and parts of laws in conflict with this resolution are repealed.

THURSDAY, MARCH 2, 1989

1531

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

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

Those not voting were Senators:

Barker Coleman Coverdell

Harris McKenzie Ragan of 10th

Shumake Tate

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

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

HB 345. By Representatives Alford of the 57th, Dobbs of the 74th, Bailey of the 72nd, Hanner of the 131st, Crawford of the 5th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that the Board of Natural Resources shall adopt rules or regulations relating to certain discharges of pollutants into the waters of this state.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources offered the following substitute to HB 345:

A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that the Board of Natural Resources shall adopt rules or regulations relating to certain dis charges of pollutants into the waters of this state; to provide for definitions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," is amended by adding immediately following Code Section 12-5-30 a new Code Section 12-5-30.1 to read as follows:
"12-5-30.1 (a) As used in this Code section, the term:
(1) 'Board' means the Board of Natural Resources.
(2) 'Consistently exceeding an effluent limitation' means a POTW's exceeding the POTW's assigned effluent limitation for at least five days out of each seven-day period dur ing a total period of 180 consecutive days.
(3) 'Major spill' means the discharge of pollutants into the waters of this state by a POTW at a rate substantially exceeding the effluent limitation of the POTW, and such term shall be more specifically defined by regulations of the board.
(4) 'Monitoring' means the systematic measurement of chemical and biological pollu tants present in waters of this state which are affected by a major spill or by consistently exceeding an effluent limitation.
(5) 'Publicly Owned Treatment Works' or 'POTW' means the city, town, county, dis trict, association, or other public body created by or pursuant to state law or federal law that owns and operates a treatment works and, where appropriate, shall include the treat ment works and any sewers or other appurtenances that convey waste water to the treat ment works.
(b) By not later than January 1, 1990, the board shall provide by rules or regulations for the following:
(1) For immediate notification to the division of a major spill by a POTW;
(2) For the POTW responsible for the major spill to cause to be published in the legal organ of the county where the spill occurred a notice of such spill, such notice to be pub lished within not more than seven days after the date of the spill;
(3) For the division to provide notice of the major spill within 24 hours thereafter to every county, municipality, or other public agency whose public water supply is within a distance of 20 miles downstream and to any others which could potentially be affected by the spill.
(4) For independent monitoring of waters affected by a major spill or by consistently exceeding an effluent limitation, with such monitoring being at the expense of the POTW, for a period of at least one year and for the results of such monitoring to be regularly pro vided to all counties, municipalities, and other public agencies using the affected waters as a source of public water supply."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Brannon Broun Burton

Clay Collins Deal Dean

THURSDAY, MARCH 2, 1989

1533

Echols Edge English Engram Fincher Foster
Garner Gillis Howard Huggins

Johnson Kennedy Kidd Land Langford Newbill
Olmstead Peevy Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr
Stumbaugh Taylor Tysinger Walker

Those not voting were Senators:

Bowen Coleman Coverdell Dawkins Fuller

Hammill Harris McKenzie Parker Perry

Shumake Tate
Timmons Turner

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

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

The following resolution of the House was read and put upon its adoption:

HR 395. By Representative Murphy of the 18th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Thursday, March 2, 1989, and to reconvene at 10:00 o'clock A.M. on Monday, March 6, 1989.

On the adoption of the resolution, the yeas were 43, nays 2.

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 passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 49. By Senators Stumbaugh of the 55th, Peevy of the 48th, Kidd of the 25th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related organizations with re spect to insurance, so as to provide for a reduction in premium charges for cer tain motor vehicle insurance coverage for persons 55 years of age or older who complete a motor vehicle accident prevention course.

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

HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st, and Coleman of the 118th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person-

1534

JOURNAL OF THE SENATE

nel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.
The House insists on its position in amending the following bill of the Senate:
SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th: A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.
Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. today and then stand adjourned, pursuant to HR 395 adopted previously, until 10:00 o'clock A.M. on Monday, March 6, and the motion prevailed.
At 2:50 o'clock P.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. today and then stand adjourned, pursuant to HR 395 adopted previ ously, until 10:00 o'clock A.M. on Monday, March 6.

MONDAY, MARCH 6, 1989

1535

Senate Chamber, Atlanta, Georgia Monday, March 6, 1983
Thirty-sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Thursday, March 2, 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 990. By Representatives Atkins of the 21st, Howren of the 20th, Aiken of the 21st, Vaughan of the 20th, Gresham of the 21st and others: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to change the compensation of said judge.
HB 992. By Representative Barnett of the 10th: A bill to amend an Act relating to the Magistrate Court of Forsyth County, so as to provide for a separate office of the chief magistrate of the Magistrate Court of Forsyth County.
HB 993. By Representative Branch of the 137th: A bill to amend an Act entitled "An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor," so as to change the provi sions relating to the election and terms of the mayor.
HB 994. By Representative Rainey of the 135th: A bill to amend an Act providing a new charter for the City of Unadilla, so as to change the corporate limits of the city; to provide that no individual or corpora tion doing business in the newly annexed area shall be required to pay a business or occupation tax or obtain any license or permit during the calendar year 1989.
HB 997. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th: A bill to amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the Judge of the Probate Court) on a salary system of compensa tion, so as to change the salary of the chief clerk of the probate judge.
HB 998. By Representatives Clark of the 20th, Howren of the 20th, Gresham of the 21st, Vaughan of the 20th, Aiken of the 21st and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

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HB 1000. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide that the members of such board of commissioners elected at the 1992 general election and all subsequent elections shall be elected by a majority vote of electors of each respective district.
HB 1003. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
HB 1004. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
HB 1005. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the com pensation of the judge and solicitor of said court.
HB 1006. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the tax commissioner; to change the provi sions relative to the compensation of the deputy tax commissioner.
HB 1007. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.
HB 1008. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board; to extend the number of days within which the final report and audit shall be submitted to the board.
HB 1009. By Representative Dixon of the 128th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to correct a technical error in a description of a tract or parcel of land included within the corporate limits of the City of Pooler.
HB 1012. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A bill to amend an Act providing for the membership of the Board of Education of Cherokee County, so as to provide for a per diem for the members of the board of education.

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HB 1014. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the method of filling vacancies.
HB 1016. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 home stead exemption from ad valorem taxes of the City of Albany for individuals 65 years of age or older.
HB 1017. By Representative Heard of the 43rd:
A bill to amend an Act repealing and replacing the charter of the Town of Tyrone, so as to provide that candidates for the offices of mayor and councilmember shall have been a resident of such town for two years and shall be at least 21 years of age at the time of the election for such office.
HB 1018. By Representative Ware of the 77th:
A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to change the name of said authority.
HB 1019. By Representatives White of the 132nd, Cummings of the 134th, Balkcom of the 140th and Chambless of the 133rd:
A bill to authorize the Board of Education of Dougherty County to exercise cer tain powers relative to transfer students and students who wish to attend schools in school districts other than the districts of their residences.
HB 1021. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to authorize the board of commissioners of Clayton County to supplement the salaries of the state probation officers and other probation personnel of the Clayton Judicial Circuit.
HB 1022. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer; to provide for an alternative salary under certain conditions.
HB 1024. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act changing the composition of the City Council and the method of electing councilmen of the City of Baxley in Appling County, so as to change the terms of office and reelection dates of members of the council.
SB 376. By Senator Kidd of the 25th:
A bill to abolish the present method of compensating the clerk of the Superior Court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements.

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SB 298. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to change the provisions relating to the assumption of duties by the chief clerk at the time of a vacancy in the office of the probate judge; to change the provisions relating to filling of vacancies in the offices of certain probate judges.
SB 235. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the examination and treatment for mental illness, so as to define the term "traumatic brain injury"; to provide for clarifica tion of such term.
SB 275. By Senator Edge of the 28th: A bill to amend Code Section 31-21-44 of the Official Code of Georgia Annotated, relating to wanton or malicious removal of a dead body from a grave or distur bance of the contents of a grave, so as to make it unlawful for any person to knowingly receive, retain, possess, or dispose of any dead body or bodily part of a human being unlawfully removed from a grave; to provide for an exception.
SB 27. By Senator Barnes of the 33rd: A bill to amend Code Section 40-8-158 of the Official Code of Georgia Annotated, relating to periodic inspection and maintenance of emission control equipment on motor vehicles, so as to provide a procedure for obtaining a replacement emis sion inspection sticker when a windshield is replaced on a motor vehicle.
SB 273. By Senator Edge of the 28th: A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to the general powers and jurisdiction of probate and municipal courts with regard to prosecution of traffic offenses, so as to authorize a probate court judge to require the district attorney or assistant district attorney to act as prose cutor in traffic violation proceedings in probate court.
SB 244. By Senator Tate of the 38th:
A bill to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to powers relating to the administration of municipal government gener ally, so as to provide for additional authority to serve any process, summons, notice, or order under certain circumstances.
SB 50. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require insurers to accept by-hand delivery of certain affidavits regarding stolen motor vehicles; to provide for criminal penalties for such delivery in cases involving certain false statements.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 126. By Senator Scott of the 2nd: A resolution authorizing the conveyance and exchange of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date.

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SR 120. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Jonesboro, Clayton County, Georgia, to Clayton County and the acceptance of certain real property owned by Clayton County in considera tion therefor; to provide an effective date.
SR 62. By Senator Peevy of the 48th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of an underground transmission line over or under property owned by the State of Georgia in Gwinnett County, Georgia; to provide an effec tive date.
SR 5. By Senator Barnes of the 33rd:
A resolution authorizing the conveyance of certain state owned property located in the City of Marietta, Georgia, to the Downtown Marietta Development Au thority; to authorize the sale of certain state owned property which is the subject of a lease with the City of Marietta under certain conditions; to provide an effec tive date.
SR 132. By Senator English of the 21st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic telecommunication cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
SB 167. By Senators Kennedy of the 4th and Hammill of the 3rd:
A bill to add one additional judge of the Superior Court for the Atlantic Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide for an effective date.
SB 317. By Senators Hammill of the 3rd, Scott of the 2nd and Fuller of the 52nd:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that persons, firms, or corporations that service or repair bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the value of their services, have a lien upon the equipment.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 102. By Senator Peevy of the 48th:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to provide for additional rights of poly graph examinees to change certain provisions relating to the preservation of records of polygraph examinations; to provide for applicability of said chapter; to provide an effective date.

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SB 160. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to spouses benefits coverage; to provide that when a member is divorced from the member's spouse, the member's spouse may seek a qualified domestic relations order to attach the member's retirement bene fits and spouses benefits.
SB 159. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to increases in salary based on longevity in office with respect to the clerks of the superior courts, judges of the probate courts, and sheriffs; to amend Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, so as to change the provisions relating to increases in salary.
SB 37. By Senators Peevy of the 48th, Dawkins of the 45th and Dean of the 31st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official on the grounds that such official has, while holding any public of fice, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate:
SR 63. By Senators Scott of the 2nd and Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia; to provide an effective date.
SR 67. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer system and other utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Effingham County, Georgia; to provide an effective date.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 103. By Senators Gillis of the 20th, McKenzie of the 14th and English of the 21st:
A resolution creating the Joint Study Committee on Solid Waste Management.
The house has passed, by substitute, by the requisite constitutional majority the follow ing bills of the Senate:
SB 45. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through a candidate or cam paign committee, so as to provide that contributions to any candidate from any person which do not exceed $100.99 in the aggregate do not require separate re porting in the county or municipality of such candidate's residence.

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SB 43. By Senator Kidd of the 25th: A bill to amend Code Section 43-4A-16 of the Official Code of Georgia Anno tated, relating to the signing of a contract prior to termination of an athlete's college eligibility under the "Georgia Athlete Agents Regulatory Act of 1988," so as to require an athlete agent to provide notification upon the signing of an ath lete to an agent contract prior to the termination of the athlete's college eligibility.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 183. By Senators Pollard of the 24th and Deal of the 49th: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to au thorize the use of electronic or automated methods or systems of record keeping.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 401. By Representatives Kingston of the 125th, Hamilton of the 124th, Pannell of the 122nd, Johnson of the 123rd, Mueller of the 126th and others: A resolution commending the Citizens' Committee for Skidaway Island State Park, Union Camp Corporation, and The Branigar Organization, Inc.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 398. By Senators Clay of the 37th, Ragan of the 32nd and Barnes of the 33rd: A bill to amend an Act reincorporating the City of Marietta, as amended, so as to change the qualifications of the mayor and councilmen; to provide for compensa tion of the mayor pro tern.; to change the provisions relating to membership of the board of lights and waterworks.
Referred to Committee on Urban and County Affairs.
SB 399. By Senators Coleman of the 1st, Scott of the 2nd and Hammill of the 3rd: A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to change the corporate limits of the City of Savannah.
Referred to Committee on Urban and County Affairs.
SB 400. By Senator Barnes of the 33rd: A bill to authorize Cobb County to have and be authorized to exercise all rede velopment and other powers authorized or granted counties pursuant to the "Re development Powers Law," as now or hereafter amended, and provide for certain such powers; to provide for a referendum.
Referred to Committee on Urban and County Affairs.
SB 401. By Senator Barnes of the 33rd: A bill to amend an Act reincorporating the City of Marietta, as amended, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

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SB 402. By Senator Barnes of the 33rd: A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to increase the corporate limits of the City of Smyrna.
Referred to Committee on Urban and County Affairs.
SB 403. By Senator Barnes of the 33rd: A bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
SB 404. By Senator Barnes of the 33rd: A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to change the provisions relating to classified and unclassified positions.
Referred to Committee on Urban and County Affairs.
SR 220. By Senators Barker of the 18th and Kidd of the 25th: A resolution creating the Senate Youth Conservation and Service Corps Study Committee.
Referred to Committee on Children and Youth.
SR 225. By Senators Olmstead of the 26th and Kidd of the 25th: A resolution creating the Senate Joint Custody Study Committee.
Referred to Committee on Children and Youth.
The following bills of the House were read the first time and referred to committees:
HB 990. By Representatives Atkins of the 21st, Howren of the 20th, Aiken of the 21st and others: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to change the compensation of said judge.
Referred to Committee on Urban and County Affairs.
HB 992. By Representative Barnett of the 10th: A bill to amend an Act relating to the Magistrate Court of Forsyth County, so as to provide for a separate office of the chief magistrate of the Magistrate Court of Forsyth County.
Referred to Committee on Urban and County Affairs.
HB 993. By Representative Branch of the 137th: A bill to amend an Act entitled "An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor," so as to change the provi sions relating to the election and terms of the mayor.
Referred to Committee on Urban and County Affairs.
HB 994. By Representative Rainey of the 135th: A bill to amend an Act providing a new charter for the City of Unadilla, so as to change the corporate limits of the city; to provide that no individual or corpora tion doing business in the newly annexed area shall be required to pay a business or occupation tax or obtain any license or permit during the calendar year 1989.
Referred to Committee on Urban and County Affairs.

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HB 997. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th:
A bill to amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the Judge of the Probate Court) on a salary system of compensa tion, so as to change the salary of the chief clerk of the probate judge. Referred to Committee on Urban and County Affairs.
HB 998. By Representatives Clark of the 20th, Howren of the 20th, Gresham of the 21st and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.
HB 1000. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide that the members of such board of commissioners elected at the 1992 general election and all subsequent elections shall be elected by a majority vote of electors of each respective district. Referred to Committee on Urban and County Affairs.
HB 1003. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement. Referred to Committee on Urban and County Affairs.
HB 1004. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges. Referred to Committee on Urban and County Affairs.
HB 1005. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the com pensation of the judge and solicitor of said court. Referred to Committee on Urban and County Affairs.
HB 1006. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the tax commissioner; to change the provi sions relative to the compensation of the deputy tax commissioner. Referred to Committee on Urban and County Affairs.

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HB 1007. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.
Referred to Committee on Urban and County Affairs.
HB 1008. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board; to extend the number of days within which the final report and audit shall be submitted to the board. Referred to Committee on Urban and County Affairs.
HB 1009. By Representative Dixon of the 128th: A bill to amend an Act creating a new charter for the City of Pooler, so as to correct a technical error in a description of a tract or parcel of land included within the corporate limits of the City of Pooler.
Referred to Committee on Urban and County Affairs.
HB 1012. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A bill to amend an Act providing for the membership of the Board of Education of Cherokee County, so as to provide for a per diem for the members of the board of education.
Referred to Committee on Urban and County Affairs.
HB 1014. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the method of filling vacancies.
Referred to Committee on Urban and County Affairs.
HB 1016. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 home stead exemption from ad valorem taxes of the City of Albany for individuals 65 years of age or older.
Referred to Committee on Urban and County Affairs.
HB 1017. By Representative Heard of the 43rd: A bill to amend an Act repealing and replacing the charter of the Town of Tyrone, so as to provide that candidates for the offices of mayor and councilmember shall have been a resident of such town for two years and shall be at least 21 years of age at the time of the election for such office.
Referred to Committee on Urban and County Affairs.
HB 1018. By Representative Ware of the 77th: A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to change the name of said authority.
Referred to Committee on Urban and County Affairs.

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HB 1019. By Representatives White of the 132nd, Cummings of the 134th, Balkcom of the 140th and Chambless of the 133rd: A bill to authorize the Board of Education of Dougherty County to exercise cer tain powers relative to transfer students and students who wish to attend schools in school districts other than the districts of their residences.
Referred to Committee on Urban and County Affairs.
HB 1021. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to authorize the board of commissioners of Clayton County to supplement the salaries of the state probation officers and other probation personnel of the Clayton Judicial Circuit.
Referred to Committee on Urban and County Affairs.
HB 1022. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer; to provide for an alternative salary under certain conditions.
Referred to Committee on Urban and County Affairs.
HB 1024. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act changing the composition of the City Council and the method of electing councilmen of the City of Baxley in Appling County, so as to change the terms of office and reelection dates of members of the council.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Children and Youth has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 114. Do pass by substitute. HB 390. Do pass by substitute.
Respectfully submitted,
Senator Barker of the 18th District, Chairman
Mr. President:
The Committee on Children and Youth has had under consideration the following reso lution and bill of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 185. Do pass. HB 733. Do pass.
Respectfully submitted, Senator Barker of the 18th District, Chairman

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Mr. President:

The Committee on Corrections has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 576. Do pass by substitute. HB 616. Do pass by substitute.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 147. Do pass. HB 324. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 193. Do pass by substitute.

HB 600. Do pass.

HB 340. Do pass by substitute.

HB 569. Do pass.

HB 620. Do pass.

HB 341. Do pass by substitute.

HB 568. Do pass.

Respectfully submitted, Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following resolu tion and bill of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 211. Do pass. HB 719. Do pass by substitute.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

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HB 494.

Do pass as amended. Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

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

SR 199. Do pass. SR 201. Do pass. SR 218. Do pass by substitute.

HB 128. HB 409. HB 706.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bill and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 107. Do pass. HR 295. Do pass. HB 788. Do pass.
Respectfully submitted,
Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 216. Do pass. HB 876. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

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

HB 501. Do pass as amended. HB 590. Do pass as amended.

HB 898. Do pass. HB 139. Do pass by substitute.

Respectfully submitted, Senator Peevy of the 48th District, Chairman

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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 679. Do pass by substitute. HB 843. Do pass.

HB 932. Do pass. HB 962. Do pass.

Respectfully submitted, Senator Harris of the 27th 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 392. SB 393. SB 394. SB 395. SB 397. HB 290. HB 789. HB 921.

Do pass.

HB 945.

Do pass.

HB 956.

Do pass.

HB 957.

Do pass.

HB 959.

Do pass.

HB 960.

Do pass.

HB 961.

Do pass by substitute.

SB 314.

Do pass.

HB 902.

Respectfully submitted,

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

Senator Harris of the 27th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SR 168. By Senator Coleman of the 1st: A resolution creating the Senate Transportation Study Committee.
SR 193. By Senator Howard of the 42nd: A resolution creating the Senate Guardianship Laws Study Committee.
SR 202. By Senators Howard of the 42nd, Broun of the 46th, Kidd of the 25th and others: A resolution relative to the nursing home reform provisions of the Omnibus Budget Reconciliation Act of 1987.
SR 203. By Senators Starr of the 44th, Howard of the 42nd, Broun of the 46th and Dawkins of the 45th: A resolution supporting the development of an Autism Resource Center for the State of Georgia.

MONDAY, MARCH 6, 1989

1549

HR 104. By Representative Heard of the 43rd: A resolution designating the Joel Cowan Parkway.
HR 162. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A resolution creating the Access to Health Care Commission.
HR 277. By Representatives Birdsong of the 104th and Hudson of the 117th: A resolution designating the A. T. Land, Sr. Highway.
HR 316. By Representatives Thomas of the 69th and Jackson of the 9th: A resolution creating the Joint Title 40 Study Committee.
HR 317. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A resolution creating the Joint Evidence Study Committee.
HB 16. By Representative Groover of the 99th: A bill to amend Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," so as to provide for a network of developmental highways throughout the state; to provide for funding for such system.
HB 261. By Representatives Waddle of the 113th, Adams of the 79th, Heard of the 43rd, Jones of the 71st and Felton of the 22nd: A bill to amend part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to au thorize businesses to designate additional handicapped parking places for use by nonambulatory permanently handicapped persons; to provide for the marking of such handicapped parking places for the nonambulatory.
HB 306. By Representatives Alien of the 127th and Pannell of the 122nd: A bill to amend Code Section 15-6-2 of the Official Code of Georgia annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Eastern Judicial Circuit of Georgia.
HB 370. By Representatives Cummings of the 17th, Benefield of the 72nd, Robinson of the 96th, Hamilton of the 124th and others: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that cer tain absences for religious holidays shall not be charged against sick leave.
HB 432. By Representative Buford of the 103rd: A bill to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for detection or apprehension of perpetrators of felonies, so as to authorize county and municipal governing authorities to offer rewards in fel ony cases.
HB 529. By Representative Moultrie of the 93rd: A bill to amend Article 2 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the great seal of the state, so as to prohibit the use or display of the great seal or a facsimile of the state emblem on or in connection with any campaign poster, sign, or advertisement for election to any public office.

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JOURNAL OF THE SENATE

HB 559. By Representatives Robinson of the 96th, Buck of the 95th, Steele of the 97th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Chattahoochee Judicial Circuit.
HB 599. By Representatives Floyd of the 154th and Porter of the 119th:
A bill to amend Code Section 15-12-81 of the Official Code of Georgia Annotated, relating to notice of upcoming appointment by the grand jury, so as to provide that any board, authority, or entity whose members are elected, selected, or ap pointed by the grand jury of a county shall notify the clerk of superior court of the upcoming appointment.
HB 607. By Representative Royal of the 144th:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to increase the compensation for mem bers' attendance at meetings.
HB 626. By Representative Lane of the 27th:
A bill to amend Code Section 43-5-15 of the Official Code of Georgia Annotated, relating to the termination date of the Georgia Board of Athletic Trainers, so as to change said termination date.
HB 692. By Representative Reaves of the 147th:
A bill to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to change the definition of the term "agricultural facility".
HB 721. By Representative Holmes of the 28th:
A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit.
HB 724. By Representative Holmes of the 28th:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to change the definition of the term "full-time"; to provide for confidentiality of individual ac count records.
HB 749. By Representatives Balkcom of the 140th, Reaves of the 147th, Moore of the 139th and others:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to repeal and replace the "Georgia Plant Food Act of 1970"; to provide for a short title; to provide for definitions; to provide for enforcement; to provide for the licensing of distributors of fertilizers, plant foods, and plant nutrients.
HB 773. By Representative Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, so as to change certain definitions; to provide for the inclusion of certain campsite time-share programs and establish requirements and procedures relating thereto.

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HB 810. By Representatives Johnson of the 123rd, Pannell of the 122nd, Robinson of the 96th and others:

A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to authorize counties and municipalities to repair, close, or demolish certain buildings or structures in which drug crimes are being committed; to define a certain term; to provide for county or municipal ordinances relating to certain buildings or structures in which drug crimes are being committed.

HB 822. By Representatives McDonald of the 12th, Murphy of the 18th, Colwell of the 4th, Walker of the 115th and Foster of the 6th:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the definition of the term "property"; to define the term "real property"; to empower the com mission to acquire real property in the name of the state, with custody in the State Properties Commission.

HB 839. By Representatives Lee of the 72nd and Walker of the 115th:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to rates for legal advertisements, so as to change the rates for legal advertisements.

HB 885. By Representative Reaves of the 147th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to continue the State Struc tural Pest Control Commission but provide for the later termination of the com mission and the repeal of the laws relating thereto.

HB 922. By Representatives Pettit of the 19th, Langford of the 7th and Childers of the 15th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Cherokee Judicial Circuit; to provide for the appointment of such additional judge by the Governor.

SR 147. By Senators Harris of the 27th, Collins of the 17th and Edge of the 28th:
A resolution urging the Board of Regents of the University System of Georgia to convert Gordon College into a four-year college.

1552

JOURNAL OF THE SENATE

SR 185. By Senator Kidd of the 25th: A resolution creating the Senate Adoption Study Committee.
SR 199. By Senators Bowen of the 13th, Perry of the 7th, Ragan of the 10th and others: A resolution creating the Drug Abuse and Drug Trafficking Study Committee.
SR 201. By Senator Albert of the 23rd:
A resolution creating the Senate Study Committee on Traffic Infractions.
SR 211. By Senators Allgood of the 22nd, Gillis of the 20th and Kennedy of the 4th:
A resolution creating the Senate Study Committee on DNR Revenues.
SR 216. By Senators Johnson of the 47th, Scott of the 2nd, Baldwin of the 29th and others:
A resolution creating the Senate Intracounty Toll Charge Study Committee.
SR 218. By Senators Garner of the 30th, Stumbaugh of the 55th, Howard of the 42nd and Kennedy of the 4th:
A resolution creating the Senate Study Committee on Rights of Peace Officers While Under Investigation.
HB 128. By Representative Mueller of the 126th: A bill to amend Article 23 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to traffic safety, so as to authorize school-crossing guards to direct and regulate the flow of traffic at school crossings or within a reduced speed school zone; to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of the uniform rules of the road, so as to require obedience to lawful orders or directions of school cross ing guards.
HB 193. By Representatives Porter of the 119th, Jamieson of the llth and Coleman of the 118th: 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 regulate and license certain distress merchandise sales, going out of business sales, fire sales, and other simi lar sales.
HB 324. By Representative Stephens of the 68th: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to authorize college and university campus law enforcement agencies to use speed detection devices on roads and streets traversing their campuses; to provide for definitions; to provide for issuance, suspension, and revocation of permits for the use of such devices.
HB 340. By Representatives Byrd of the 153rd, Watson of the 114th and Bargeron of the 108th: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission shall maintain certain records; to provide for qualifica tions of real estate brokers; to clarify a reference regarding the authority of a nonresident corporation to transact business in Georgia.

MONDAY, MARCH 6, 1989

1553

HB 341. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for written contracts in health spa transactions; to require certain contractual provisions; to provide for rights of cancellation under certain circumstances.
HB 409. By Representative Birdsong of the 104th:
A bill to amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the right of way between motor vehicles, so as to provide for uniform rules of the road relative to the operation of motor vehicles in a funeral procession; to provide the conditions and exceptions under which funeral processions shall have the right of way and the manner of operating vehicles not a part of a funeral procession.
HB 568. By Representatives Dover of the llth, McKelvey of the 15th, Martin of the 26th and Hooks of the 116th:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the Governor's Employment and Training Council shall assist the Commissioner of Labor; to provide for the creation of the Governor's Employment and Training Council.
HB 569. By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th:
A bill to amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to determination of eligibility for benefits of persons performing certain services, so as to change certain provisions relating to determination of eligibility for benefits of persons performing services in educational institutions.
HB 576. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to procedures and requirements applicable to probationers who violate the terms of probation, so as to provide that when probation is revoked in a county other than the county of original conviction, the probationer shall be transferred to the jail of the county of original conviction for service of the period of revocation or to await formal commitment.
HB 600. By Representative Byrd of the 153rd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and lowvoltage contractors, so as to define the term "conditioned air subcontractor"; to provide that conditioned air subcontractors are not required to be licensed as conditioned air contractors under certain conditions.
HB 616. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, so as to change the provisions relative to the tolling of sentences.

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JOURNAL OF THE SENATE

HB 620. By Representatives Alford of the 57th, Lucas of the 102nd, Watts of the 41st and Barnett of the 10th:
A bill to amend Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general minimum requirements for organization of a fire department, so as to change such minimum requirements.
HB 679. By Representative Adams of the 79th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds so as to provide that in lieu of a performance bond or a payment bond, the state, a county, a municipal corpora tion, or any public board or body may accept a cashier's check, certified check, or cash in at least a certain amount for the protection and use of certain parties.
HB 706. By Representatives Twiggs of the 4th and Moody of the 153rd:
A bill to amend Code Section 35-3-9 of the Official Code of Georgia Annotated, relating to narcotics agents, so as to remove the prohibition against the eligibility of narcotics agents for participation in the Peace Officers' Annuity and Benefit Fund.
HB 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.
HB 733. By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to the removal, resignation, settlement, and letters of dismis sion of a guardian, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust.
HB 843. By Representative Pettit of the 19th:
A bill to amend Article 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Allocation System" for allocation of the use of private activity bonds as permitted by federal law, so as to extensively revise provisions relating to the allocation system; to add a definition of "qualified housing project".
HB 876. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to pro vide that unless otherwise provided by concurrent resolution the General Assem bly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays.
HB 932. By Representatives Davis of the 29th, McKinney of the 40th, McKinney of the 35th and others:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority com missioners, so as to provide that resident commissioners in cities with a popula tion of 400,000 or more according to the United States decennial census of 1970 or any future such census shall be voting members.

MONDAY, MARCH 6, 1989

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HB 962. By Representatives Richardson of the 52nd, Redding of the 50th, Oliver of the 53rd and others:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the annexation of areas furnished services or included in the compre hensive zoning plans of certain counties, so as to change the provisions specifying the applicability of Code Section 36-36-70.
HB 114. By Representatives Dixon of the 151st, Crosby of the 150th, Smith of the 152nd and Clark of the 13th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," so as to change the provi sions relating to the licensing and inspection of private and public child welfare agencies and facilities; to provide that day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall be authorized to register annually.
HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provi sions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.
HB 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child wel fare services and services to courts.
HB 494. By Representatives Rainey of the 135th, Moody of the 153rd, Meadows of the 91st and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to certain offenses against public order and safety, so as to make unlawful the criminally negligent use of a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting wild life; to make it unlawful to hunt or possess a hunting license under certain cir cumstances; to provide for the punishment of such acts.
HB 501. By Representatives Bannister of the 62nd and Barnett of the 59th:
A bill to amend Chapter 34 of the Title 33 of the Official Code of Georgia Anno tated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to exempt persons not domiciled in Georgia from certain provisions.
HB 590. By Representatives Thompson of the 20th and Simpson of the 70th:
A bill to amend Code Section 17-6-2 of the Official Code of Georgia Annotated, relating to acceptance of bail in misdemeanor cases generally, so as to provide for the acceptance of chauffeur's or driver's licenses and acknowledgments and agreements relating thereto in lieu of bail in certain misdemeanor cases and pro vide for conditions and procedures relating thereto.

1556

JOURNAL OF THE SENATE

HB 898. By Representatives Chambless of the 133rd and Thomas of the 69th: A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages and conveyances to secure debts and liens, so as to provide recording procedures for filing canceled and satisfied debts to secure debt and related instruments; to amend Code Section 15-6-77 of the Official Code of Geor gia Annotated, relating to fees in superior court, so as to change certain fees.
HR 107. By Representative Buck of the 95th: A resolution authorizing the State Properties Commission to enter into a bound ary line settlement agreement, for and on behalf of the State of Georgia, with a property owner adjacent to the Franklin D. Roosevelt State Park in Harris County, Georgia.
HR 295. By Representative Connell of the 87th: A resolution authorizing and directing the conveyance of certain state owned property located in Richmond County, Georgia.
HB 788. By Representative Watson of the 114th: A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission generally, so as to change certain provisions relating to the power and authority of the Public Ser vice Commission to prescribe rules and regulations for the safe installation and safe operation of all gas transmission and distribution facilities within this state.
The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
March 3, 1989
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1989 Regular Session as of 3:00 p.m. on March 3, 1989. The list is numbered 920 through 940.
Most sincerely,
/a/ Max Cleland Secretary of State
Attachment
Received by: Is/ Hamilton McWhorter, Jr.
STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the

MONDAY, MARCH 6, 1989

1557

attached list contains the names and addresses of persons numbered 920 through 940, who have registered in the Docket of Legislative Appearance as of March 3, 1989, 3:00 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 3rd day of March, in the year of our Lord One Thousand Nine Hundred and Eighty-Nine and of the Independence of the United States of America the Two Hundred and Thirteenth.

(SEAL)

/s/ Max Cleland Secretary of State

920. Clyde E. Harper 43 Talley Street Marietta, GA 30060 (404)432-5374 Enlisted Association National Guard of Georgia Citizen
921. George D. Rozelle 1610 Marvin Griffin Road Augusta, GA 30906 (404)798-4346 Monsanto Chemical Company
922. Ann Adamson 2160 East Lake Road, NE Atlanta, GA 30307 (404)373-4716 Joe Sports Associates, Inc.
923. Warren M. Strauss Monsanto Company-G4WD 800 N. Lindbergh Blvd. St. Louis, MO 63167 (314)694-7518 Monsanto Company
924. Garth Fort 800 N. Lindbergh St. Louis, MO 63167 (314)694-8886 Monsanto Company
925. Scott Mall 1360 Peachtree Street Atlanta, GA 30309 (404)888-5100 FMC Corporation
926. James A. Labanosky 1610 Marvin Griffin Road Augusta, GA 30903 (404)798-4346 Monsanto Chemical Company

927. Henry G. Irby Post Office Box 196 Sharpsburg, GA 30277 (404)766-4710 Irby Ministries
928. Lynn Jarrett-Gude 4181 Danforth Road Atlanta, GA 30331 (404)691-5159 Concerned Parents Association of Fulton Co.
929. John T. Gould, Jr. 475 Park Avenue South New York, NY 20016 (212)725-1276 Soap and Detergent Association, The
930. John Ellis Park 1940 Equitable Bldg. 100 Peachtree Street Atlanta, GA 30303 (404)521-2268 Heyman & Sizemore, Attorneys Knox & Zacks, Attorneys
931. Beth W. Longshore 786 Cleveland Avenue Atlanta, GA 30315 (404)768-3600 Fulton County Board of Education
932. Alan E. Lubel 1400 Candler Building Atlanta, GA 30043 (404)658-8063 Pawnbrokers Association of Georgia
933. Michael Wardrip Post Office Box 1670 Lilburn, GA 30226 (404)921-5389 Sierra Club Georgia Chapter

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JOURNAL OF THE SENATE

934. Tom Watson Brown 2110 Cain Tower 229 Peachtree Street A(4t0l4an)5t2a,5-G33A1130303 Georgia Association of Broadcasters, Inc.
935. John P. Stevens Post Office Box 4148 Atlanta, GA 30302 (404)588-6428 First National Bank of Atlanta
First Atlanta Corporation
936. Dennis S. Losm 200 Galleria Parkway
Suite 100 A(4t0l4an)9t8a,0-G31A4530328 First American Bank of Georgia, N.A.
937. Judith H. Smeltzer 2000 Market Street Philadelphia, PA 19103 (215)299-6710 FMC Corporation

938. Robert M. Jeter South Oaks Byromville, GA 31007 ((991122))443333-22000000 Motorola Communications
939. Paul Mackey 180o South Baltimore Avenue T , OR 74U9 ^w*ui (918)599-3643 Mapco Inc. Mapco Petroleum (Delta Express) ,, ,, ,, , T Mapco Gas Products' Inc-
9_4.(.X ,,R.ick, JT' ,NTeal, 180 South Baltimore Avenue Tulsa, OK 74119 <aia\t;aa w^n (918)599-3650 MaPco Inc' Mapco Petroleum (Delta Express) Mapco Gas Products Inc.

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

Allgood Baldwin Barker Barnes Bowen Brannon *roun Burton lay CCoollleimnsan
Coverdell Dawkins Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris "OWard JHouhgngsmons
Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Parker Perry Phillips Pollard Ragan of 10th R of 32nd D Scott of 2nd S.,,humak, e
Starr Stumbaugh Tate Timmons Tysinger Walker

Those not answering were Senators:

Albert Deal

Peevy Scott of 36th

Taylor Turner

Senator Clay of the 37th introduced the chaplain of the day, Reverend Joe Brice, pastor of Woodlawn Presbyterian Church, Mableton, Georgia, who offered scripture reading and prayer.

MONDAY, MARCH 6, 1989

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The following resolutions of the Senate were read and adopted:
SR 222. By Senator Walker of the 43rd: A resolution proclaiming March 8, 1989, as Free Enterprise Day in the State of Georgia.
SR 223. By Senator Walker of the 43rd: A resolution commending the Ronald E. McNair High School junior varsity bas ketball team.
SR 226. By Senator Pollard of the 24th: A resolution commending Mary Jane Locklear.
SR 227. By Senator Pollard of the 24th: A resolution commending Mr. William C. "Top" Watson.
SR 228. By Senator Kennedy of the 4th: A resolution commending the United States Marshals Service.
SR 229. By Senator Kennedy of the 4th: A resolution commending Honorable Perry Lee DeLoach.
SR 230. By Senator Kennedy of the 4th: A resolution commending the Burn Center at Humana Hospital-Augusta.
SR 231. By Senators Garner of the 30th and Kennedy of the 4th: A resolution commending the Georgia Department of Corrections Tactical Squad.
SR 232. By Senator Edge of the 28th: A resolution commending Mr. Thomas E. (Tom) Falls.
SR 233. By Senator Broun of the 46th: A resolution recognizing Vince Dooley on the occasion of his retirement as head coach of the University of Georgia football team.
SR 234. By Senators Tate of the 38th, Dean of the 31st and Langford of the 35th: A resolution commending Dr. Susie W. Wheeler.
SR 235. By Senators Tate of the 38th, Scott of the 36th and Langford of the 35th: A resolution commending Margaret L. Walker.
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 Monday, March 6, 1989
THIRTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

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JOURNAL OF THE SENATE

SB 392 English, 21st City of Keysville Burke County
To be entitled an Act to provide a new charter for the City of Keysville.
SB 393 Gillis, 20th City of Charles Toombs County
To repeal an Act creating and incorporating the City of Charles in the County of Toombs, so as to abolish the City of Charles.
SB 394 Peevy, 48th Phillips, 9th Gwinnett County
To provide a county historian for Gwinnett County; to provide that the chief judge of the Superior Court of Gwinnett County shall appoint the county historian.
SB 395 Barnes, 33rd Newbill, 56th Ragan, 32nd Clay, 37th Cobb County
To amend an Act entitled the "Cobb County Community Improvement Dis tricts Act", so as to change certain definitions of terms used in such Act; to change the provisions relating to creation of one or more community im provement districts and the practices, procedures, and requirements related thereto.
SB 397 Foster, 50th Dawson County
To change the compensation of the sheriff of Dawson County.
HB 290 Phillips, 9th Peevy, 48th Gwinnett County
To abolish the office of elected county surveyor of Gwinnett County; to pro vide for the appointment of said official by the county governing authority.
*HB 789 Fuller, 52nd Rome-Floyd County
To create the Rome-Floyd County Commission on Children and Youth. (SUBSTITUTE)
HB 921 Dean, 31st City of Cartersville Bartow County
To change certain provisions pertaining to the number of city councilmen and school board members; to fix and prescribe terms of office of the mayor, city councilmen, and school board members.

MONDAY, MARCH 6, 1989

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HB 945 Newbill, 56th Ragan, 32nd Clay, 37th Barnes, 33rd Cobb County
To change the compensation of the judge and the clerk of the probate court of Cobb County.
HB 956 Hammill, 3rd City of Hinesville Liberty County
To provide for the election of city council members from districts by the resi dents of such districts; to provide for districts; to provide for general munici pal elections and terms of office; to provide for the election of the mayor.
HB 957 Collins, 17th Butts County
To provide a supplement to the annual salary of the tax commissioner.
HB 959 Broun, 46th Athens-Clarke County
To provide for the Athens-Clarke County Anti-Drug Commission, a body cor porate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem proper to encourage the treat ment of persons for alcohol and substance abuse.
HB 960 Gillis, 20th Toombs County
To change the compensation of the chairman and other members of the board of commissioners of Toombs County.
*HB 961 Taylor, 12th City of Albany Dougherty County
To change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners of the City of Albany. (SUBSTITUTE)
"SB 314 Brannon, 51st City of Blue Ridge Fannin County
To provide a new charter for Blue Ridge. (SUBSTITUTE)
*HB 902 Johnson, 47th Madison County
To change certain provisions relating to the compensation of the chairman and other members of the board of commissioners of Madison County. (SUB STITUTE)

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JOURNAL OF THE SENATE

The substitutes to the following bills were put upon their adoption:
*SB 314:
The Senate Committee on Urban and County Affairs offered the following substitute to SB 314:
A BILL
To be entitled an Act to provide a new charter for the City of Blue Ridge in Fannin County; to provide for 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 rela tive to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for referendums with respect to certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
INCORPORATION AND POWERS
Section 1.10. Incorporation. The City of Blue Ridge in Fannin County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corpo rate under the name of the "City of Blue Ridge." References in this charter to "the city" or "this city" refer to the City of Blue Ridge. The city shall have perpetual existence.
Section 1.11. Corporate boundaries, (a) The corporate limits of the said City of Blue Ridge shall consist of the limits of Tract "A" and Tract "B" described as follows:"
TRACT"A"
Being a rectangular parallelogram two miles long and one mile wide, and the beginning point of the survey is found by intersecting the present center lines of the Louisville & Nashville Railroad main track and the main hallway of Fannin County Court House, and measuring Northeasterly along the center line of said main track a distance of one mile to a point on said center line of said main track; then beginning at the point so found, as de scribed above, and turning a right angle from said main track center line and running Southeasterly a distance of one-half mile; thence Southwesterly and parallel with said center line of main track tangent north of the Louisville & Nashville Railroad depot, a dis tance of two miles; thence Northwesterly a distance of one mile; thence Northeasterly a distance of two miles, and thence Southeasterly a distance of one-half mile, to the beginning point, containing two square miles or one thousand two hundred eighty acres (1,280 acres).
TRACT "B"
Being a parcel of land described as follows: Beginning at the intersection of the south erly boundary of Tract "C" as described in Section 1.11A and the southerly right-of-way line of old U.S. Highway 76; thence in an Easterly direction with the southerly right-of-way line of said old U.S. Highway 76 to the intersection of the southerly right-of-way line of Old Morganton-Blue Ridge Road which leads to the boat dock property of the City of Blue Ridge; thence in a Southeasterly direction with the southerly right-of-way line of said Old Morganton-Blue Ridge Road to the 1700 foot contour line of Lake Blue Ridge; thence in a Northeasterly direction with said 1700 foot contour line to the northeast corner of the City of Blue Ridge boat dock property; thence in a Northwesterly direction with the property

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line of said City of Blue Ridge boat dock property to the northerly right-of-way line of old Morganton-Blue Ridge Road; thence in a Northwesterly direction with the northerly rightof-way line of said old Morganton-Blue Ridge Road to the southerly right-of-way line of old U.S. Highway 76; thence due North to the northerly right-of-way line of said old U.S. High way 76; thence in a Westerly direction with the northerly right-of-way line of said old U.S. Highway 76 to the southerly boundary of Tract "C" as described in Section 1.11A; thence in a westerly direction with said southerly boundary of said Tract "C" to the point of beginning.
(b) Alterations to said city limits may be made from time to time by local law or in the manner provided by general law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Blue Ridge, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
Section 1.11A. Additional corporate boundaries. In addition to the corporate limits of said City of Blue Ridge provided for in Section 1.11 of this Act, the corporate limits of said city shall also include the following:
TRACT"C"
Being a strip of land 2000 feet in width and lying 1000 feet on each side of the following described center line: Being the center line of U.S. Highway 76 also known as Appalachian Highway and beginning at the intersection of the said highway center line and the north easterly boundary of Tract "A" as described in Section 1.11; thence in an Easterly and then Northeasterly direction to the center line of Toccoa River. The side lines of the described strip shall be lengthened or shortened in a manner parallel with and 1000 feet from the center line of said U.S. Highway 76/Appalachian Highway so as to terminate at said north easterly boundary of said Tract "A" and at the center line of the said Toccoa River.
TRACT "D"
Being a strip of land 1000 feet in width and lying 500 feet on each side of the following described center line: Being the center line of U.S. Highway 76/Georgia Highway 5, also known as Appalachian Highway, and beginning at the intersection of the said highway center line and the southwestern boundary of Tract "A" as described in Section 1.11; thence in a southerly direction to the Gilmer County line. The side lines of the described strip shall be lengthened or shortened in a manner parallel with and 500 feet from the center line of said U.S. Highway 76/Georgia Highway 5/Appalachian Highway so as to terminate at said southwestern boundary of said Tract "A" and at the said Gilmer County Line.
Section 1.12. Municipal powers, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corpo rate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punish ment for violation of ordinances enacted under this paragraph;

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(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the gov erning authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governments and enti ties and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasona ble provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(9) Fire regulations. To fix and establish fire limits and from time to time extend, en large, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe pen alties and punishment for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be neces sary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, prac tice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish depart ments, boards, offices, commissions, and agencies of the city and to confer upon such agen-

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cies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, and hold in trust or other wise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance;
(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems neces sary and reasonable to ensure a safe, healthy, and esthetically pleasing community;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any build ing or other structure which is or may become dangerous or detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction, building, opera tion, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conser vation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(28) Public transportation. To organize and operate or contract for such public trans portation systems as are deemed beneficial;
(29) Public utilities and services. To grant franchises or make contracts for public utili ties and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, re-

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moval, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe pen alties and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise im prove, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construc tion of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made avail able a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the con duct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement;
(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment program; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, secur-

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ity, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this char ter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immuni ties of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II
GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
Section 2.10. City council creation; composition; number; election, (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers.
(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immedi ately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 2.11. Elections, (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regu lations it deems appropriate to fulfill any options and duties under the "Georgia Municipal Election Code."
(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(d) For the purpose of electing members of the council, the City of Blue Ridge shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election.
(e) On the second Saturday in December, 1989, there shall be elected a mayor and five councilmembers. Then, on the Tuesday next following the first Monday in November in 1993 and on such day quadrennially thereafter, there shall be elected a mayor and five councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter.
Section 2.12. Vacancies in office, (a) (1) The office of mayor or councilmember shall

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become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(2) Upon the suspension from office of mayor or councilmember in any manner author ized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes perma nent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section.
(b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall ap point a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.
Section 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected.
Section 2.15. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.
Section 2.16. Prohibitions, (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the perform ance of his official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others;
(4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indi rectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest.
(b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any de partment of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relat ing thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or

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indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for per sonal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provi sions of this subsection shall not apply to any person holding employment on the effective date of this Act.
Section 2.17. Removal of officers, (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any qualifications of office as provided by this charter or by law;
(4) Knowingly violating Section 2.16 or any other express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by state law.
(b) Removal of any officer pursuant to subsection (a) of this section shall be accom plished by one of the following methods:
(1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fannin County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
(2) By an order of the Superior Court of Fannin County following a hearing on a com plaint seeking such removal brought by any resident of the City of Blue Ridge.
ARTICLE III
ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES
Section 3.10. General power and authority. Except as otherwise provided by this char ter, the city council shall be vested with all the powers of government of this city as pro vided by Article I of this charter.
Section 3.11. Organization, (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."

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(b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city coun cil. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council.
Section 3.12. Inquiries and investigations. The city council may make inquiries and in vestigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 3.13. Meetings, (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or two mem bers of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
Section 3.14. Procedures, (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
Section 3.15. Voting, (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
Section 3.16. Ordinances, (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Blue Ridge hereby ordains. . ." and every ordinance shall so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordi-

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nances provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
Section 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Section 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances gener ally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effec tive upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emer gency ordinances.
Section 3.19. Codes, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and re corded by the clerk pursuant to Section 3.20 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 3.20. Codification of ordinances, (a) The clerk shall authenticate by his signa ture and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The city shall provide for the preparation of a general codification of all the ordi nances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Blue Ridge, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amend ments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regula tions and other rules and regulations included in the code.

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Section 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative pow ers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifi cally provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and quali fied in management and administration.
Section 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed;
(2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise pro vided in this charter;
(3) Exercise supervision over all executive and administrative work of the city and pro vide for the coordination of administrative activities;
(4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget;
(5) Submit to the council at least once a year a statement covering the financial condi tions of the city and from time to time such other information as the city council may request;
(6) Preside over all meetings of the city council;
(7) Call special meetings of the city council as provided for in Section 3.13;
(8) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote;
(9) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(10) Approve or disapprove ordinances as provided in Section 3.23;
(11) Require any department or agency of the city to submit written reports whenever he deems it expedient;
(12) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and
(13) Perform such other duties as may be required by general state law, this charter, or ordinance.
Section 3.23. Submission of ordinances to the mayor; veto power, (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption.
(b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become

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law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law un less overridden by the council as provided in subsection (c) of this section.
ARTICLE IV
ADMINISTRATIVE AFFAIRS
Section 4.10. Department heads, (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective admin istrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be respon sible for the administration and direction of the affairs and operations of his department or agency.
(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers.
Section 4.11. Boards, (a) The city council shall create by ordinance such boards, com missions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative func tion the city council deems necessary and shall by ordinance establish the composition, pe riod of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appoint ment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimburse ment for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, com mission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and admin istered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-

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chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordi nance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
Section 4.12. City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney.
Section 4.13. City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city coun cil records required by this charter, and perform such other duties as may be required by the city council.
Section 4.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.
Section 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment;
(2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classifica tion plan;
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected;
(4) Such dismissal hearings as due process may require; and
(5) Such other personnel notices as may be necessary to provide for adequate and sys tematic handling of personnel affairs.
ARTICLE V
JUDICIAL BRANCH
Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Blue Ridge, Georgia.
Section 5.11. Judges, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.
(c) Compensation of the judge or judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of three members of the city council.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that he

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will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.
Section 5.12. Convening of court. The municipal court shall be convened at regular in tervals as provided by ordinance.
Section 5.13. Powers, (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not ex ceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to de fray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law.
(e) The municipal court shall have authority to establish bail and recognizances to en sure the presence of those charged with violations before said court and shall have discre tionary authority to accept cash or personal or real property as surety bond for the appear ance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court shall have the authority to bind prisoners over to the appropri ate court when it appears by probable cause that state law has been violated.
(h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particu larly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fannin County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to se cure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk,

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shall be available for public inspection, and, upon request, shall be furnished to all defend ants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI
FINANCE
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activ ity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be col lected as provided in Section 6.18 of this charter. The city council by ordinance may estab lish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, tele phone companies, electric companies, cable television companies, gas companies, transporta tion companies, and other similar organizations. The city council shall determine the dura tion, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other service provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurte nances from the abutting property owners under such terms and conditions as are reasona ble. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

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Section 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not pre cluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial ac counting and reporting of each and every office, department, agency, and activity of the city government.
Section 6.23. Budget ordinance. The city council shall provide an ordinance on the pro cedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
Section 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal poli cies of the city, the important features of the budget, explanations of major changes recom mended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.25. Adoption, (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than November of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items pro rated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordi nance adopted pursuant to Section 6.23 of this charter.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions or allotments thereof to which it is chargeable.
Section 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
Section 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.
Section 6.28. Capital improvements, (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emer gency as provided in Section 3.17 of this charter.
(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than November of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the ap propriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital im provements budget shall become effective only upon adoption by majority vote of the city council.
Section 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city coun cil. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
Section 6.30. Procurement and property management. No contract with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and
(3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.
Section 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.32. Sale of property, (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that

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the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.

(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, not withstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII

GENERAL PROVISIONS

Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.

Section 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or adminis trative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.

Section 7.13. Definitions and construction, (a) Section captions in this charter are in formative only and shall not be considered as a part thereof.

(b) The word "shall" is mandatory and the word "may" is permissive.

(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

Section 7.14. Specific repealer. An Act amending, consolidating, and superseding the several Acts incorporating the City of Blue Ridge, in the County of Fannin, State of Geor gia, and creating a new charter and municipal government for said municipal corporation, approved March 23, 1935 (Ga. L. 1935, p. 928), as amended, is repealed in its entirety.

Section 7.15. Annexation referendum. Not less than 30 nor more than 90 days after the date of the approval of this Act by the Governor or after it otherwise becomes law and unless prohibited by the federal Voting Rights Act of 1965, as amended, it shall be the duty of the election superintendent of the City of Blue Ridge to issue the call for an election for the purpose of submitting Section 1.11A of this Act to the electors of the City of Blue Ridge for approval or rejection; and it shall be the duty of the election superintendent of Fannin County to issue the call for an election for the purpose of submitting Section 1.11A of this Act to the electors of the area proposed to be annexed for approval or rejection. Each super intendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. Each 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 the City of Blue Ridge or Fannin County, as appro priate. The ballot shall have written or printed thereon the following:

"[ ] YES [ 1 NO

Shall Section 1.11A of the Act be approved which annexes additional terri tory of Fannin County to the corporate limits of the City of Blue Ridge?"

Those persons desiring to vote for approval of Section 1.11A of this Act shall vote "Yes," and those persons desiring to vote for rejection of Section 1.11A of this Act shall vote

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"No." If more than one-half of the votes cast on such question from the combined votes of the voters from the present corporate limits of the City of Blue Ridge and the area proposed to be annexed are for approval of Section 1.11A of this Act, Section 1.11A shall become of full force and effect upon certification of the results of the election. Otherwise, it shall be void and of no force and effect and Section 1.11A shall stand repealed in its entirety.
At least 30 days prior to said election, the election superintendent of the City of Blue Ridge shall prepare a separate list of voters residing in the area proposed to be annexed who are registered to vote in the county. Each of said voters shall be eligible to vote in the election. The election superintendent of Fannin County shall furnish any information which may be required in the preparation of such list of voters by the election superintendent of the City of Blue Ridge. The City of Blue Ridge shall pay to Fannin County the actual expenses of furnishing such information as is required.
The expense of such election shall be borne by the City of Blue Ridge. It shall be the duty of the election superintendent of the City of Blue Ridge to hold and conduct such election in the City of Blue Ridge, and it shall be the duty of the election superintendent of Fannin County to hold and conduct such election in the area proposed to be annexed. It shall be each superintendent's further duty to certify the results thereof to the Secretary of State.
If the annexation of property is not approved in the referendum provided in this sec tion and Section 1.11A is repealed, the description of property in Tract "C" in Section 1.11A shall be considered a valid and legal description of property for purposes of points of refer ence with respect to the description of property in Tract "B" where references are made to Tract "C."
Section 7.16. Effective dates, (a) Except for Section 1.11A of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) The effective date of Section 1.11A of this Act, if it becomes effective, shall be determined as provided in Section 7.15 of this Act.
Section 7.17. General repealer. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.
*HB 789:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 789:
A BILL
To be entitled an Act to create the Rome-Floyd County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for an annual report; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) There is created the Rome-Floyd County Commission on Children and Youth. The commission shall be composed of 21 members as follows:
(1) Three members to be appointed by the Floyd County legislative delegation to serve for initial terms of one year, which members shall be one from each of the following fields or professions: legislature, media, and child welfare;
(2) Three members to be appointed by the juvenile court judge of Floyd County to

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serve for initial terms of one year, which members shall be one each from the fields of education, religion, and social work;
(3) Three members to be appointed by the board of commissioners of Floyd County, which members shall be one commissioner from said board, one law enforcement officer, and one housewife-mother, who shall each serve for an initial term of two years;
(4) Three members to be appointed by the board of commissioners of the City of Rome, which members shall be one commissioner from said board, one law enforcement officer, and one housewife-mother, who shall each serve for an initial term of two years;
(5) One member to be appointed by the Rome Chamber of Commerce representing business or civic interests, who shall serve for an initial term of one year;
(6) One member to be appointed by the director of District 1 of the Department of Human Resources representing the nursing profession, to serve for an initial term of one year;
(7) Two members to be appointed by the director of the Coosa Valley Mental Health Center, which members shall be one substance abuse counselor and one mental health pro fessional, to serve for initial terms of two years;
(8) The director of District 1 of the Department of Human Resources and the juvenile court judge of Floyd County, who shall serve for initial terms of two years;
(9) One member to be appointed by the Rome Central Labor Union to serve for an initial term of one year;
(10) An attorney to be appointed by the Rome Bar Association to serve for an initial term of one year; and
(11) One member to be appointed by the director of the Rome Boys Club to serve for an initial term of one year.
(b) Following the initial appointments, all appointments shall be made for terms of two years and until a successor is appointed and qualified. Members of the commission shall be eligible for reappointment.
(c) All appointments to the commission shall be made within 30 days after the effective date of this Act. All persons appointed to serve on the Rome-Floyd County Commission on Children and Youth shall be residents of Floyd County. If a member of the commission moves his or her residence from the county, that member's position shall immediately be come vacant and shall be filled in the same manner as the initial appointment.
Section 2. After the appointments of all members, the full membership of the commis sion shall hold an organizational meeting as soon as practicable. The director of District 1 of the Department of Human Resources shall be the chairperson from the membership who shall serve for a term of two years; thereafter, the members of the commission shall elect a chairperson from its membership. The members of the commission shall elect such other officers as it deems necessary from its membership at the organizational meeting.
Section 3. The commission shall undertake a study of the needs, issues, and problems relating to children and youth. The commission shall gather data on issues related to chil dren and youth; identify specific problems and areas of concern related to children and youth; propose solutions to problems and ways of ameliorating concerns; plan and imple ment programs to effectuate solutions; secure and expend fund for programs; identify and coordinate existing resources for dealing with problems of children and youth; and publicize and disseminate information relating to issues of children and youth. The commission may adopt such rules or procedures as it finds necessary or desirable for the governance of its operation. The members of the commission shall serve without compensation or reimburse ment for expenses from public funds.
Section 4. The commission is authorized to receive, accept, and expend funds from pub lic or private sources for programs to benefit the children and youth of the City of Rome

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and Floyd County. The commission is authorized to expend such funds to employ a coordi nator, who shall not be a member of the commission, for such programs. The salary of such coordinator shall be set by the commission.
Section 5. The commission shall make an annual report on July 1 of each year of its findings and recommendations to the Floyd County legislative delegation, the juvenile court judge of Floyd County, the Board of Commissioners of Floyd County, the Board of Commis sioners of the City of Rome, the Rome Chamber of Commerce, the director of the Coosa Valley Mental Health Center, the director of District 1 of the Department of Human Re sources, and to any individual or group providing funds to the commission.
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.
On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.
*HB 902:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 902:
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, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4775), so as to change certain provisions relating to the compensation of the chairman and other members of the board of commissioners; to provide for reimbursement of certain expenses; 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, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4775), is amended by striking subsection (a) of Section 9 and inserting 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 chairman shall receive an annual cost-of-living increase in salary as provided in this subsection notwithstanding the fact that such increase results in a salary higher than that of the sheriff. The salary of the chairman shall be payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $3,600.00 per annum, payable in equal monthly installments from county funds. Whenever the employees in the classified service of the state merit sys tem receive a cost-of-living increase of a certain percentage or a certain amount, the salaries of the chairman and other members of the board shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by the state employees is in different percentages or different amounts as to certain categories of employees, the salaries of the chairman and other members of the board shall be in creased by a percentage or an amount equal to the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in the salaries of the chairman and other members of the board shall become effective six months following the date that the cost-of-living increases received by state employees become ef fective. The vice-chairman of the board of commissioners shall receive an additional $600.00 per year, payable in equal monthly installments from county funds."

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Section 2. Said Act is further amended by striking in its entirety Section 10 and in serting in lieu thereof a new Section 10 to read as follows:
"Section 10. In addition to the salaries set forth in Section 9 of this Act, the chairman and each member of the board shall, upon submission of an expense voucher, be reimbursed for expenses as follows:
(1) A sum not to exceed $300.00 per month for general expenses, including without limitation office supplies; postage; telephone service; transportation within the county or to and from locations not more than 50 miles from the county boundaries, reimbursed at the rate of 25<t per mile; and other general expenses incurred in the exercise of the duties of office; and
(2) In addition to the amount provided by paragraph (1) of this section, a sum not to exceed $500.00 per month for expenses related to travel to locations more than 50 miles from the boundaries of the county, including without limitation meals, lodging, and trans portation incurred in the exercise of the duties of office, reimbursed at the rate of 25 per mile."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.
*HB 961:
The Senate Committee on County and Urban Affairs offered the following substitute to HB 961:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners; to provide for the authority for this Act; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is amended by adding a new section immediately following Section 3, to be designated Section 3A, to read as follows:
"Section 3A. (a) Applicability; regular elections. The provisions of this section shall gov ern and supersede any provision of Section 3 of this Act to the contrary.
(b) The mayor and the three commissioners from the first, fourth, and sixth wards in office on January 1, 1989, shall remain in office until the normal expiration of their terms of office on the second Monday in January, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1989, and bienni ally thereafter, the successors to such mayor and commissioners from the first, fourth, and sixth wards shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified and shall take office on the second Monday of January following their election.
(c) The three commissioners from the second, third, and fifth wards in office on January 1, 1990, shall remain in office until the normal expiration of their terms of office on the second Monday of January 1991, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1990, and biennially thereafter, the successors to such three commissioners from the second, third, and fifth wards shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified and shall take office on the second Monday of January following their election."

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Section 2. This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 of the O.C.G.A.

Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Albany shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Albany for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the August, 1989, City of Albany municipal primary, 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 Dougherty County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which retains two-year staggered terms of office for the mayor and commissioners of the City of Albany?"

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. 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 the City of Albany. It shall be the super intendent's duty to certify the result thereof to the Secretary of State.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.

HB 959:

Senator Broun of the 46th offered the following substitute to HB 959:

A BILL
To be entitled an Act to provide for the Athens-Clarke County Anti-Drug Commis sion, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem proper to encourage the treatment of persons for alcohol and substance abuse and to deter and control, with the intent to ultimately elimi nate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, han dling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commission to contract and to acquire, purchase, lease, receive, hold, possess, use, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, political subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the commission; to provide that no debt or obligation of the City of Athens or the County of Clarke shall be incurred in the exercise of any of the powers granted by this Act; to provide the term or period of time that such commission shall exist and to provide for the termination or dissolution of such com mission; to provide for severability; to repeal conflicting laws; and for other purposes.
WHEREAS, it is desirable and in the public interest that actions be initiated and im plemented to encourage the treatment of persons for alcohol and substance abuse and to control or deter, with the ultimate objective of eliminating, the unlawful use and possession

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of dangerous drugs and controlled substances in the City of Athens and in Clarke County; that educational programs to inform and warn the public of the harmful effects and dangers of such drugs and substances be implemented with due deliberate speed; that appropriate actions be taken to investigate the widespread use and possession of such drugs and sub stances; that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from society; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Short title. This Act may be cited as the "Athens-Clarke County Anti-Drug Commission Act."

Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the "Athens-Clarke County Anti-Drug Commission," which shall be deemed to be a public corporation and by such name, style, and title, may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The commission, its officers, and members shall be subject to and possess the immunity from civil liability granted to members and officers of charitable or nonprofit in stitutions or organizations by Code Section 51-1-20.

Section 3. Term of existence or duration. The commission shall have the existence hereunder for and during a term of five years, beginning on January 1, 1990, and terminating on December 31, 1994, at which time such commission shall be dissolved and shall thereafter be nonexistent.

Section 4. Composition, (a) The commission shall be composed of 19 members, to fill the 19 respective posts, as follows:

Post

Members

1. The mayor of the City of Athens; 2. The director of public safety at the University of Georgia; 3. The solicitor general of Clarke County; 4. The sheriff of Clarke County; 5. The chief of police of the City of Athens; 6. The chief of police of Clarke County; 7. The superintendent of the Clarke County School System; 8. The chairman of the Board of Health of Clarke County; 9. The director of Clarke-Oconee-Oglethorpe Mental Health and Substance Abuse
Clinic; 10. The district attorney of the Western Judicial Circuit or any successor judicial circuit
that embraces or includes the Superior Court of Clarke County; 11. The Athens Post Commander of the Georgia State Patrol; 12. The president of the Athens Area Chamber of Commerce; 13. The medical director of the commencement center of Athens Regional Medical
Center;
14. The medical director of Charter Winds Hospital; 15. The president of the Athens-Clarke County Chapter of the Chemical People, a non
profit drug prevention organization; 16. The principal of Clarke Central High School; 17. The principal of Cedar Shoals High School; 18. The director of student support services of the Clarke County School District; and 19. The head football coach at the University of Georgia.

(b) Each of the members of such commission shall serve only during his or her respec tive term of office and each shall be succeeded as a member of such commission by his or her respective successor in office during the five-year term of existence of said commission, with the right and privilege of any such officer, should he or she deem it inappropriate for

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any reason or cause to serve on such commission, to designate a member to serve in his or her place on said commission.
(c) The five members of the General Assembly representing Clarke County shall serve as ex officio nonvoting members of the commission.
(d) The commission is authorized to appoint citizens to serve in an advisory capacity to the commission in furtherance of its purposes and to ensure adequate representation of racial, ethnic, and economic groups within the community.
Section 5. Vacancies. If any of the above-designated offices of members of the commis sion should become vacant or be discontinued or become nonexistent for any cause or rea son whatever, the Grand Jury of the Superior Court of Clarke County shall appoint a person to fill such vacancy.
Section 6. Officers. Annually, the commission shall elect one of its members to serve as chairman of the commission and another of its members to serve as vice chairman of the commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commission. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings of the com mission and shall serve as its chief executive officer. For and during the absence, disqualifi cation, or disability of the chairman, the vice chairman shall serve as chairman. If the chair man's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office.
Section 7. Meetings. The commission shall hold at least one regular meeting quarterannually at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed by the members of the commission. The commission may hold such other regular, special, or additional meetings as it may deem necessary or proper. No notice shall be required to be given for any regular meeting, being any meeting designated to be held regularly by resolution of the members of the commission, such as quarter-annual, bimonthly, monthly, semimonthly, or weekly meet ings or other such meetings held at regular periodic intervals. The commission is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and purpose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission present at any meeting may adjourn the meeting from time to time until a quorum can be obtained. Notice of any adjourned meeting need only be given by announcement at the meeting at which the adjournment is taken. All resolutions adopted and all business transacted by the commission shall require the affirmative vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings and may adopt such rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meetings.
Section 8. Operating budgets. The commission shall explore every effort to secure funds sufficient to support its operating expenses from federal departments and agencies as funds become available for grants to community based anti-drug programs. It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Athens and the County of Clarke with each such entity contrib uting an equal amount to the commission. Beginning on January 1, 1990, the commission shall be authorized to receive and expend funds for its operating expenses during the initial year of existence from local law enforcement agencies in addition to the funds made availa ble from the City of Athens and the County of Clarke. The commission shall make a written request to the City of Athens and the County of Clarke for operating funds pursuant to an

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operating budget made by the commission. The first such request for funds for the remain der of fiscal year 1990 shall be submitted to the respective governing authorities of the City of Athens and the County of Clarke on or before July 1, 1990. The commission shall submit its budget request for fiscal year 1991 on or before November 1, 1990, and annual budget requests for each of the three succeeding fiscal years shall be submitted on or before April 1 of each year. The amount of each such contribution shall be entirely discretionary with the City of Athens and the County of Clarke. In addition to any such annual contribution, both the City of Athens and the County of Clarke are authorized to make such additional contri butions to the commission as each such entity may deem appropriate, solely within the sound discretion of such entity making the contribution.
Section 9. Compensation. From funds granted to or acquired by the commission, the members of the commission may fix and determine the amount of, and the time and manner of paying any compensation to its members, officers, agents, and employees, all within their sound discretion.
Section 10. Purpose and authorizations. The commission is created for the purpose of taking all such actions and doing all such things, as it shall deem proper, to encourage treat ment of persons for alcohol and substance abuse and to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dis pensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and is authorized:
(1) To work and cooperate with, and to seek the cooperation of, the City of Athens and all other municipalities of the State of Georgia; the County of Clarke and all other counties or political subdivisions of the State of Georgia; the State of Georgia, including each of its departments, agencies, entities, or instrumentalities; and the United States of America, in cluding each of its departments, agencies, entities, or instrumentalities; in the furtherance of the purpose of the commission;
(2) To prepare, publish, and disseminate information in support of its purpose;
(3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances;
(4) To expend, use, and disburse its funds and properties, pursuant to its powers and authorizations herein provided, to accomplish the above-stated purpose of the existence of such commission;
(5) To provide programs such as drug prevention programs, drug treatment programs, and such other programs that it may deem proper in the fulfillment of its purpose and objectives; and
(6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it.
Nothing in this Act shall reduce the resources made available by the governing authority of Clarke County and the City of Athens to support existing law enforcement programs and responsibilities to deter and control the use and abuse of dangerous drugs and controlled substances.
Section 11. Additional powers. The commission shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To enter into agreements with the City of Athens, with the County of Clarke, or with any other political subdivision or municipal corporation of the state in the exercise of its charge;
(4) To receive and accept gifts and grants of money and property from the private or

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public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes;
(5) To make contracts, leases, and conveyances and to execute all instruments necessary or convenient for the purpose of exercising its powers and performing its duties and func tions as herein set out;
(6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the State of Georgia, or any agency or instrumentality thereof; the City of Athens, the County of Clarke, or any other municipality or political subdivision of the State of Georgia; upon such terms and conditions as such governmental entity, agency, municipality, county, or political subdi vision may require or impose;
(7) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders of such promissory notes evidencing such indebtedness;
(8) To exercise any power granted by the laws of the State of Georgia to private corpo rations which is not in conflict with the purposes of the commission; and
(9) To do all things necessary or convenient to execute and carry out the powers ex pressly given and provided in this Act.
Section 12. Tax-exempt status of the commission. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and special assess ments of any city, county, or the state, or any political subdivision.
Section 13. Rules and regulations. It shall be the duty of the commission to prescribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission.
Section 14. Obligations of the commission. No debt or obligation whatsoever incurred by the commission shall be construed to be a debt or obligation of either the City of Athens or the County of Clarke.
Section 15. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought in the State Court of Clarke County or the Superior Court of Clarke County, and such courts shall have the exclusive, original jurisdiction of any such actions.
Section 16. Powers declared supplemental and additional. The foregoing provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
Section 17. Liberal construction of this Act. This Act, being for the welfare of various municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 18. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent juris diction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 19. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 20. Specific repealer. This Act does not in any way take from the State of Geor gia, or any department, agency, or instrumentality thereof, the City of Athens or Clarke County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic.

MONDAY, MARCH 6, 1989

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Section 21. General repealer. All laws and parts of law in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Allgood Fuller

Garner Land

Shumake

On the passage of all the local bills, the yeas were 51, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 314, HB 789, HB 902, HB 961 and HB 959, having received the requisite constitutional majority, were passed.

SB 314, HB 789, HB 902 and HB 961, having received the requisite constitutional ma jority, were passed by substitute.

The President announced that, pursuant to Senate Rule 143, consideration of HB 959 and the substitute thereto offered by Senator Broun of the 46th would be suspended until the next meeting day of the Senate, Tuesday, March 7.

Senator Coleman of the 1st moved that the following resolution of the Senate be with drawn from the Senate Committee on Transportation and committed to the Senate Com mittee on Rules:

SR 206. By Senators Barker of the 18th and Coleman of the 1st:
A resolution creating the Senate Private School and Church Bus Study Committee.

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On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 206 was with drawn from the Senate Committee on Transportation and committed to the Senate Com mittee on Rules.
SENATE RULES CALENDAR
Monday, March 6, 1989
THIRTY-SIXTH LEGISLATIVE DAY
SR 172 Senate State Parks System Study Committee--create (Nat R--20th) SR 173 Timberland Owner--long-term capital gains tax differential (B&F--20th) SR 176 Commission Establishing Macon as Site of Music Hall of Fame--create (Substi
tute) (Rules--31st) SR 184 Sales Tax--urge Congress require out-of-state companies pay (B&F--26th) SR 200 Stone Mountain-Britt Memorial Airport--relative to expansion (U&CA G--9th)
HB 321 Schools--student may attend where parent, guardian teaches (Ed--46th) HB 187 Bonds, Recognizances--execution hearings, failure to appear (Substitute)
(Amendment) (S Judy--28th)
HR 190 Peach Parkway--designate portion of growth corridor program (Trans--14th) HB 592 School Bus--redefine (Ed--50th) HB 331 Mentally Retarded--criteria, admission to residential facility (Substitute) (Hum
R--25th)
HB 216 Casualty, Liability Insurers--provide certain information to claimant (S Judy--28th)
HB 195 Food Act--change provisions on misleading advertisements (Gov Op--21st) HR 101 Gordon County--conveyance of certain state property (Substitute) (Pub
U--51st)
HB 248 Local Government--report of indebtedness with Community Affairs Department (B&F--9th)
HB 102 Dumps--certain distance of adjoining counties (Nat R--20th) HB 105 Attorney--trust account for client funds for indigent defense plan (Substitute)
(Judy--33rd) HR 115 Clarks Hill Lake, Northeastern Georgia--continue designation (Nat R--22nd) HB 630 Dangerous Dog Control Law--define potentially dangerous dog (Nat R--20th) HB 476 Abandoned Water Vessels--disposition (Nat R--1st) HB 252 Contracts--what constitutes trade secret (Substitute) (Judy--47th)
HB 440 County Boards of Education--provide group medical/dental insurance (Ed--16th)
HB 723 Petition to Amend City Charter--obtain from clerk of governing authority (U&CA G--25th)
HB 356 Law Office Search--regulate (S Judy--52nd) HB 637 Tax Execution Transfer--notifying individual execution issued against (Substi
tute) (S Judy--48th) HB 634 Crime of Buying, Selling Human Body or Parts--define (S Judy--17th) HB 182 Property, Casualty Insurers--engage independent loss reserve specialist (Substi
tute) (Ins--55th) HB 466 Certain Convicted--provisions for judge to release, personal recognizance (Sub
stitute) (Judy--49th)

MONDAY, MARCH 6, 1989

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HB 154 Buildings--state minimum standard codes (Substitutes) (Amendment) (I&L--45th)
HB 470 Board of Examiners of Licensed Dietitians--change date of termination (Hum R--25th)
HB 601 Drivers' Licenses--handicapped identification card (Pub S--24th)
HB 30 Drug Trafficking--penalties (Substitute) (Judy--2nd) HB 617 Insurance Tax--county's use of proceeds (B&F--10th) HB 587 State Publications, Librarians--revise provisions (Ed--49th)
HB 638 Community Services for Mentally Retarded--payment for services (Hum R--25th)
HB 427 State Contract Requirements--exempt Technical and Adult Education Board (Ed--19th)
HB 166 Insult, Abuse of Teacher at School--prohibit in presence of student (Substitute) (Ed--19th)
Respectfully submitted,
/s/ Nathan 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 172. By Senators Gillis of the 20th, English of the 21st, Huggins of the 53rd and others:
A resolution creating the Senate State Parks System Study Committee.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge English

Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Phillips Pollard 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:

Coverdell Echols

Fuller

Ray

McKenzie

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

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

SR 173. By Senators Gillis of the 20th, Ray of the 19th, English of the 21st and others:
A resolution relative to a long-term capital gains tax differential for the owners of timberland.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Barker Coverdell

Echols Langford

Shumake

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

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

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

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A resolution creating the Commission to Establish the City of Macon as the Per manent Site of the Georgia Music Hall of Fame.

The Senate Committee on Rules offered the following substitute to SR 176:

A RESOLUTION
Creating the Committee to Study the Establishment of the City of Macon as the Per manent Site of the Georgia Music Hall of Fame; and for other purposes.

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1593

WHEREAS, the City of Macon, Georgia, has a great musical heritage; and
WHEREAS, the City of Macon was the home of Otis Redding who probably did more in his brief but brilliant career as the writer and singer of sentimental soul ballads to build a bridge between black and white music in America than any other performer; and
WHEREAS, the City of Macon was the birthplace of musical prodigy Richard Penniman who grew up to become Little Richard, the King of Rock and Roll, and who speeded up the rhythm and blues of blacks and turned it into the rock and roll of whites, helped the Beatles get started, and wrote songs for Elvis Presley; and
WHEREAS, the City of Macon was the place where Duane and Gregg Allman and their compatriots in the Allman Brothers Band developed the "Macon, Georgia, Sound" and per fected the renowned musical group which became America's answer to the super British groups which initially dominated rock music and brought that music back to its roots of southern country, soul, rhythm and blues, and jazz basics; and
WHEREAS, the City of Macon was the city where the incomparable music promoter, Phil Walden, established and developed Capricorn Records into what in its heyday was the world's largest independent recording company; and
WHEREAS, the City of Macon is the present home of Robert "Bobbie" McDuffie who is being heralded worldwide as the most promising of the rising new school of young Ameri can violinist virtuosos and foremost among the first generation of a new musical movement which is shifting the strongest and most talented violinists from Europe and Russia to the United States; and
WHEREAS, the Georgia Music Hall of Fame was established in 1979, 35 members have since been inducted, and it has no permanent home for visitors and fans; and
WHEREAS, the City of Macon is centrally located in the State of Georgia, is easily accessible from all points within the state, and lies at the junction of Interstate 75 and Interstate 16.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Committee to Study the Establishment of the City of Macon as the Permanent Site of the Georgia Music Hall of Fame. Such committee shall be composed of a chairman and ten members. Five members shall be appointed by the Lieu tenant Governor and five members shall be appointed by the Speaker of the House of Rep resentatives. The chairman of the committee shall be the chairman of the Senate Music Industry Committee.
BE IT FURTHER RESOLVED that said committee shall formulate suggestions for the exact location of the Hall of Fame, the design and cost of the facility, its operating expenses, and the portion of the costs to be paid by the state, county, and city governments and by private sources. The committee shall consult with the commissioner and staff of the Depart ment of Industry, Trade, and Tourism concerning the best site for the facility and the most effective means of advertising the facility and soliciting private donations for construction and operation of the facility.
BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and pur poses of this resolution. The members of the committee shall receive the allowances author ized for legislative members of interim legislative committees but shall receive the same for not more than 20 days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The committee shall report its findings and recommendations to the Governor and General Assembly by October 1, 1989, so that the necessary appropriations can be rec ommended in the 1990 session of the General Assembly.

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On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher
Foster Fuller Garner Gillis Harris Howard Muggins Johnson Kennedy Kidd Land Langford Olmstead

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

Those not voting were Senators:

Hammill McKenzie

Newbill Peevy

Shumake

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

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

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

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

SR 184. By Senator Olmstead of the 26th:
A resolution urging the United States Congress to adopt appropriate legislation to require out-of-state companies to pay state sales tax.

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

MONDAY, MARCH 6, 1989

1595

Clay Coleman Collins Coverdell
Deal Dean
TM Edghels English Fincher Foster Fuller Gillis Hammill

Harris Howard Muggins Johnson
Kidd Land
[MfcnKlfefonrzdie Newbill Olmstead Parker Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray gcott of 3gth
Shumake gtarr
S,,tumbaug6h l ate Tay'or Timmons Turner Tysinger Walker

Voting in the negative were Senators Engram and Garner.

Those not voting were Senators:

Dawkins Kennedy (presiding)

Peevy

Scott of 2nd

On the adoption of the resolution, the yeas were 50, nays 2.

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

SR 200. By Senator Phillips of the 9th:
A resolution relative to the proposed expansion of Stone Mountain-Britt Memo rial Airport.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen Broun

Fuller
Gillis Hammill Harris
Howard Huggins

rCo-llins Deal Dean
Echols Edge English Engram Foster

iKid^dS n Land Langford
Newbill Olmstead Parker Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th
SQhumake ;arr , , Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Baldwin Barnes

Brannon Coleman

Coverdell Dawkins

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Fincher Garner

Kennedy (presiding) McKenzie

Peevy Walker

On the adoption of the resolution, the yeas were 44, 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 321. By Representatives Stephens of the 68th, Thurmond of the 67th and Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a teacher.
Senate Sponsor: Senator Broun of the 46th.

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

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

Those voting in the affirmative were Senators:

Allgood Bowen Brannon Burton Clay Collins Deal Dean Echols Edge English Engram Foster Fuller

Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

McKenzie

Shumake

Taylor

Those not voting were Senators:

Albert Baldwin Barker Barnes

Broun Coleman Coverdell Dawkins

Fincher Garner Kennedy (presiding) Peevy

On the passage of the bill, the yeas were 41, nays 3.

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

MONDAY, MARCH 6, 1989

1597

HB 187. By Representative Randall of the 101st:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to change the provisions relating to execution hearings on failure of the principal to appear; to change time limits; to provide for filing of a fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting forfeiture of a bond for failure to appear.
Senate Sponsor: Senator Edge of the 28th.
The Senate Committee on Special Judiciary offered the following substitute to HB 187:
A BILL
To be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to change the provisions relating to execution hearings on failure of the principal to appear; to change time limits; to provide for filing of a fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting forfeiture of a bond for failure to appear; to change the provisions relating to remission of forfeiture; to change the practices and procedures relating to forfeiture of bonds or recognizances; to repeal certain notice re quirements; 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 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, is amended by striking sub section (a) of Code Section 17-6-71, relating to execution hearing on failure of the principal to appear, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The judge shall, at the end of the court day, upon the failure to appear order an execution hearing not sooner than 75 days but not later than 100 days after such failure to appear. Notice of the execution hearing shall be served by certified mail to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent."
Section 2. Said article is further amended by striking Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear and remission of forfei ture, and inserting in lieu thereof a new Code Section 17-6-72 to read as follows:
"17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the written statement of a licensed physician that the principal on the bond was prevented from attending by some physical disability.
(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institu tion in the State of Georgia or in another jurisdiction. An official written notice of the hold ing institution in which the principal is being detained or confined shall be considered ade quate proof of the principal's detention or confinement. Upon the presentation of such written notice to the clerk of the proper court and the prosecutor having jurisdiction over the case, along with the payment of costs by the surety to the sheriff necessary for the return of the principal, such notice shall serve as the surety's request for a detainer to be placed on the principal. Should there be a failure to place a detainer within 30 days, Satur days, Sundays, and legal holidays included, after such presentation and payment of costs, the surety shall then be relieved of liability for the appearance bond.
(c) If the prosecution does not try the charges against a defendant within a period of

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two years in the case of felonies and one year in the case of misdemeanors after the date of posting bond, judgment rendered after such period may not be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This provi sion shall not apply where the prosecution's failure to try the charges is due to the fault of the principal.
(d) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. An official written notice of the sheriff or other responsible law enforcement officer having custody or detention of the principal shall be considered adequate proof of such custody or detention. Except in cases where the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency of the jurisdiction in which forfeiture proceedings were commenced pursuant to Code Section 17-6-70, presentation of such official written notice to the court clerk and the prosecutor having jurisdiction of the case along with payment of the estimated cost necessary to return the principal shall act as a request that a detainer be placed against the principal. Upon the sheriff or other officer of the jurisdiction where the case is pending assuming custody of the principal, the surety shall be relieved of the bond obligation. Should the state fail to place a detainer within 30 days, Saturdays, Sundays, and legal holidays included, and after presen tation and the payment of the estimated cost necessary to return the principal, the surety shall be relieved of the bond obligation.
(e) No judgment shall be rendered on any appearance bond if it is shown to the satis faction of the court that the surety was prevented from returning the principal to the juris diction because such principal was on active military duty.
(f) On application filed within 90 days from the payment of judgment, the court shall order remission under the following conditions:
(1) Provided the bond amount has been paid at any time within 90 days after judgment and the delay has not prevented the proper prosecution of the principal, upon application to the court with prior notice to the prosecutor of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the surety locates the principal causing the return of the principal to the jurisdiction where the bond was made, apprehends, surrenders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or caused by the surety, or if the location of the princi pal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made. Should the surety, within two years of the failure to appear, locate the principal causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, produce, or substantially cause the apprehension or surrender of the principal, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction where the bond was made the surety shall be entitled to a re fund of 50 percent of the bond payment; and
(2) Remission shall be granted on the condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety."
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 Edge of the 28th offered the following amendment:
Amend the substitute to HB 187 offered by the Senate Committee on Special Judici ary as follows:
By striking on page 6, line 3, beginning with the word "upon" through the word "approval",
and

MONDAY, MARCH 6, 1989

1599

By inserting in lieu thereof the words "on July 1, 1989".
On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 36, nays 0, and the amendment was adopted.
Senator Collins of the 17th offered the following amendment:
Amend the substitute to HB 187 offered by the Senate Committee on Special Judici ary by striking lines 1 through 3 of page 1 in their entirety and inserting in lieu thereof the following:
"To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide that persons charged with manufacturing, deliver ing, distributing, dispensing, administering, or selling certain controlled substances or mari juana shall not be eligible for bail; to provide that certain persons charged with trafficking in cocaine, certain controlled substances, or marijuana shall not be eligible for bail; to provide for a hearing and exceptions; to change".
By striking all matter from lines 16 through 18 of page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is".
By inserting between lines 2 and 3 of page 6 the following:
"Section 3. Said chapter is further amended by striking Code Section 17-6-1, relating to persons before whom offenses are bailable, in its entirety 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; and
(9) 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 (8) of this subsection or an offense which under subsection (i) of this Code section is not bailable.
(b) Except as provided in subsection (i) of this Code section, all offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor 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.

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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.
(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 subsections (a) and (i) 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.
(i) No person who is charged with manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II or marijuana or any person charged with trafficking in cocaine, any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II or marijuana who has been previously convicted of any offense under Code Section 16-13-25 or 16-13-26 shall be entitled to bail; provided, however, that such person must be tried at the next term of supe rior court or within 90 days, whichever occurs first, or that person shall be entitled to a hearing before a judge of the superior court who shall have sole discretion whether to set a bond and the amount of such bond, if granted, and said hearing shall be held no later than 90 days following the arrest.' "
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.

On the adoption of the amendment offered by Senator Collins of the 17th, Senator Collins of the 17th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Burton

Clay Coleman Collins

Coverdell Dean Edge

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1601

Howard Land Newbill

Phillips Ragan of 32nd Starr

Stumbaugh Tysinger

Those voting in the negative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun Dawkins Deal Echols English Engram Fincher

Foster Fuller Gillis Hammill Harris Huggins Kidd Langford McKenzie Olmstead Parker Peevy

Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Garner

Johnson

Kennedy (presiding)

On the adoption of the amendment, the yeas were 17, nays 36, and the amendment offered by Senator Collins of the 17th was lost.

Senator Land of the 16th offered the following amendment:

Amend the substitute to HB 187 offered by the Senate Committee on Special Judici ary as follows:
On line 16, page 2, after the word "written" add the words "and witnessed";
On line 30, page 2, after the word "written" add the words "and witnessed".

On the adoption of the amendment offered by Senator Land of the 16th, the yeas were 37, nays 0, and the amendment was adopted.

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Burton Coleman Collins Dean Echols Edge English

Engram Fincher Garner Gillis Hammill Harris Howard Huggins Kidd Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

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Tate Taylor

Timmons Turner

Walker

Those voting in the negative were Senators:

Allgood Barnes Brannon Broun
Coverdell

Dawkins
Deal ,,, Foster Fuller
Land

Langford
McKenzie XT ,.,, Newbl11 Ragan of 32nd
Tysinger

Not voting were Senators Johnson and Kennedy (presiding).

On the passage of the bill, the yeas were 38, nays 16.

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

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 67. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer system and other utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Effingham County, Georgia; to provide an effective date.

The House substitute to SR 67 was as follows:

A RESOLUTION
Granting a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer system and other utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Effingham County, Georgia; granting an exclusive right of way easement for construction, operation, and maintenance of a street cul-de-sac in, on, over, under, upon, across, or through property owned by the State of Georgia in Chat ham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in the llth Geor gia militia district of Effingham County, Georgia, which is in the custody of the State Properties Commission and utilized by the Georgia Forestry Commission as a forest fire tower site;
(2) The City of Springfield, Effingham County, Georgia, in cooperation with the Effing ham County Board of Education, wishes to install a sanitary sewer system and other utili ties from Effingham County High School to the City of Springfield;
(3) A portion of this system must pass through the above-described state owned prop erty and would be beneficial to the State of Georgia, the City of Springfield, Effingham County, and the Effingham County Board of Education; and
(4) The board of commissioners of Effingham County conveyed by fee simple warranty deed a portion of the above-referenced tract to the Georgia Forestry Commission for a con sideration of $1.00 on May 8, 1979; and
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in the 6th Georgia

MONDAY, MARCH 6, 1989

1603

militia district of Chatham County, Georgia, which is in the custody of and utilized by the Georgia Department of Natural Resources;
(2) Said property is a part of the Wormsloe Historic Site;
(3) Chatham County wishes to form a cul-de-sac on Fallowfield Drive and the use of approximately 500 square feet of state property would allow for the construction of such street cul-de-sac; and
(4) The Georgia Department of Natural Resources has no objection to this easement being granted.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE 1
Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Springfield, Effingham County, and its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer system and other utilities in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a san itary sewer system and other utilities, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the llth Georgia militia district of Ef fingham County, Georgia, and is more particularly described as follows:
That portion and that portion only that is shown and delineated in red on a drawing entitled "15' Utility Easement and 10' Temporary Construction Easement (along Ga. Hwy. 119) on property of the Georgia Forestry Commission by Charles W. Tuten, Jr., Georgia Registered Land Surveyor No. 2345, containing .072 acre, and being approximately 15' wide and 208.90' long, which is on file in the office of the State Properties Commission.
(c) That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer system and other utilities.
(d) That the City of Springfield, Effingham County, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasona bly necessary for the proper construction, operation, and maintenance of said sanitary sewer system and other utilities.
(e) That, after the City of Springfield, Effingham County, has constructed and put into use the sanitary sewer system and other utilities for which this easement is granted, a subse quent abandonment of the use thereof shall cause a reversion to the State of Georgia and its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Springfield, Effingham County, and its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia and its successors and assigns.
(f) That no title shall be conveyed to the City of Springfield, Effingham County, and, except as herein specifically granted to the City of Springfield, Effingham County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Springfield, Effingham County.
(g) That, if the State of Georgia, acting by and through its State Properties Commis sion, determines that any or all of the facilities placed on the easement area should be

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removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Springfield, Effingham County, shall remove or relocate its facilities at its sole cost and expense.
(h) That the easement granted to the City of Springfield, Effingham County, shall con tain such other reasonable terms, conditions, and covenants as the State Properties Com mission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
(i) That the consideration for such easement shall be $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said sanitary sewer system and other utilities.
(j) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE 2
Section 2. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement tract," and that in all matters relating to the easement tract, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Chatham County, its successors and assigns, an exclusive right of way ease ment for the construction, operation, and maintenance of a street cul-de-sac in, on, over, under, upon, across, or through the easement tract for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a street cul-de-sac, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably neces sary to accomplish the aforesaid purposes. Said easement tract is located in the 6th Georgia militia district of Chatham County, Georgia, and is more particularly described as follows:
That portion beginning at a point approximately 34 feet east of the intersection of Fallowfield Drive and Skidaway Road in Chatham County, as shown and delineated in red on a drawing indicating the exclusive right of way easement, containing .01 acre, and being ap proximately 10' wide and 50' long which is on file in the office of the State Properties Com mission, a survey to be prepared by a registered land surveyor, submitted by Chatham County, and approved by the State Properties Commission.
(c) That Chatham County shall have the right to remove or cause to be removed from said easement tract only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said street cul-de-sac.
(d) That, after Chatham County has constructed and put into use the street cul-de-sac for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privi leges, powers, and easement granted herein. Upon abandonment, Chatham County, its suc cessors and assigns, shall have the option of removing its public works from the easement tract or leaving the same in place, in which event the public works shall become the prop erty of the State of Georgia, its successors and assigns.
(e) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat of survey of the property, pre pared by a Georgia Registered Land Surveyor, the conveyance of which is authorized by this resolution, to be furnished by purchaser, and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
(f) That no title shall be conveyed to Chatham County and, except as herein specifically granted to Chatham County, all rights, title, and interest in and to said easement tract is

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1605

reserved in the State of Georgia, which may make any use of said easement tract not incon sistent with or detrimental to the rights, privileges, and interest granted to Chatham County.
(g) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the public works placed on the easement tract should be re moved or relocated in order to avoid interference with the state's use or intended use of the easement tract, Chatham County shall remove or relocate its public works at its sole cost and expense.
(h) That the easement granted to Chatham County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use more accurate descriptions of the easement tract, so long as the descriptions utilized by the State Properties Commission describe the same easement tract herein granted.
(i) That the consideration for such easement shall be $822.00 and the mutual benefit to the parties from the construction of the street cul-de-sac.
(j) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement tract.
ARTICLE 3
Section 3. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 4. That all laws or parts of laws in conflict with this resolution are repealed.

Senator Scott of the 2nd moved that the Senate agree to the House substitute to SR 67.

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
Cl. ay Coleman Collins
Coverdell Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill
Harris
Huggms Kidd Land
McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Rav Scott of 2nd Scott of 36th
S,,thaurmr ,ake , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Burton Dawkins

Deal Johnson

Kennedy (presiding) Langford

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 67.

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The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th: A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person nel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.
Senator Ray of the 19th moved that the Senate insist upon the Senate substitute to HB 375.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 375.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th: A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.
Senator Barnes of the 33rd moved that the Senate adhere to its disagreement to the House amendments to SB 84, 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 amendments to SB 84.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Barnes of the 33rd, McKenzie of the 14th and Gillis of the 20th.
Senator Tysinger of the 41st introduced the doctor of the day, Dr. Mladen Antolic, of Dunwoody, Georgia.
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 190. By Representatives Ray of the 98th, Edwards of the 112th, Buck of the 95th, Robinson of the 96th and others: A resolution designating a portion of the growth corridor program as the "Peach Parkway". Senate Sponsor: Senator McKenzie of the 14th.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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1607

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Bfoun Burton Clay CCoollleimnsan
Coverdell Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggms KLaidndd
Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd j^ay Scott of 2nd Scott of 36th ,, S.tumb, augh,
late Tavlor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Dawkins

Fuller Johnson

Kennedy (presiding) Shumake

On the adoption of the resolution, the yeas were 50, nays 0.

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

HB 592. By Representatives Smith of the 152nd, Byrd of the 153rd, Jackson of the 9th and others:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 40, so as to change the definition of the term "school bus".
Senate Sponsor: Senator Foster of the 50th.

Senator Deal of the 49th offered the following amendment:

Amend HB 592 by inserting on line 20, page 1, after the word "not" the word "being".

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

Burton Clay Collins Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Fuller Garner

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Gillis Hammill Harris Howard Huggins Kidd Land Langford Newbill

Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd

Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun Coleman Coverdell

Johnson Kennedy (presiding) McKenzie

Peevy Shumake

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

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

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 317. By Senators Hammill of the 3rd, Scott of the 2nd, Fuller of the 52nd and others:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that persons, firms, or corporations that service or repair bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the value of their services, have a lien upon the equipment.

The House amendment was as follows:

Amend SB 317 by striking from lines 19 through 23 on page 2 the following:
"but shall attach to any other equipment belonging to the person for whom the work was done, which equipment may later come into the possession of such person, firm, or corporation for the purpose of being serviced or repaired".

Senator Hammill of the 3rd moved that the Senate agree to the House amendment to SB 317.

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 Burton Clay Collins Coverdell Dawkins

Deal Dean Echols Edge English Engrain Foster Fuller Gillis Hammill Harris Howard

Huggins Kidd Land Langford Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd

MONDAY, MARCH 6, 1989

1609

Ray Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate Taylor

Timmons Tysinger Walker

Those not voting were Senators:

Broun Coleman Fincher

Garner Johnson Kennedy (presiding)

McKenzie Peevy Turner

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 317.

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 63. By Senators Scott of the 2nd and Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia; to provide an effective date.

The House substitute to SR 63 was as follows:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in the City of Atlanta, Fulton County, Georgia;
(2) Said real property is described as follows:
All that certain tract or parcel of land situate, lying and being in the City of Atlanta, Georgia; and in Land Lot 243 of the 17th District of Fulton County, Georgia, and being more particularly described as a portion of parcel no. 8 of the Western and Atlantic Rail road Valuation Maps Nos. V222/1 and V302/1 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by the purchaser and presented to the State Properties Com mission for approval);
(3) The State of Georgia currently has the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019;
(4) The above-described property is an abandoned spur line to the old Western & At lantic Railroad and is not needed for railroad purposes and is, therefore, surplus to the State of Georgia; and
(5) Adjacent and adjoining property owners to the above-described parcel desire to ac quire this state owned parcel; and
WHEREAS:
(1) The State of Georgia is the owner of a parcel of real property known as the Fannin Campus located in Floyd County, Georgia, formerly known as the Georgia School for the Deaf in the City of Cave Spring, Georgia; and

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(2) The City of Cave Spring is desirous of obtaining all or a portion of the above-de scribed property for city private development usage.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE 1
Section 1. (a) That the State of Georgia is the owner of the above-described real prop erty and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
(b) That the conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad) convey ing its interest in said property to the State of Georgia by appropriate instrument.
(c) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to sell and convey all or a portion of the above-described prop erty for a consideration of not less than the fair market value as determined by the State Properties Commission, to a purchaser or purchasers, and upon such further terms and con ditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
(d) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
ARTICLE 2
Section 2. (a) That the State of Georgia is the owner of the above-described property located in Floyd County, Georgia, and, in all matters relating to the conveyance of the prop erty located in Floyd County, the State of Georgia is acting by and through the State Properties Commission.
(b) That, upon selection of a site by the City of Cave Spring, Georgia, which may in clude all or a portion of the above-referenced property in Floyd County, and which site is approved by the Department of Education and the State Properties Commission and de clared surplus by the Department of Education, said property comprising said site shall be conveyed to the City of Cave Spring.
(c) That the above-described real property selected as provided in subsection (b) of this section shall be conveyed by appropriate instrument to the City of Cave Spring, Georgia, by the State of Georgia, acting by and through the State Properties Commission, for a consid eration of not less than the fair market value of such property as determined by the State Properties Commission and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
(d) That the authorization in this section to convey the above-described property to the City of Cave Spring shall expire two years after the date that this resolution becomes effective.
(e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
(f) That a plat of survey shall be provided by the City of Cave Spring, Georgia, suitable for recording in Floyd County, and presented to the Executive Director of the State Proper-

MONDAY, MARCH 6, 1989

1611

ties Commission for his approval prior to the conveyance of such property as authorized by this section.
ARTICLE 3
Section 3. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

Senator Tate of the 38th moved that the Senate agree to the House substitute to SR 63.

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 B,,B,,BClrruaoarynut, onnnon Collins Deal
Dean Echols Edge English

Engram Fincher Foster Fuller
Gillis Hammill HiHJuHioouahrwgnrgiassiorndjns Kidd Land
Langford Newbill Olmstead Parker

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd ^ aoSc-cc-oo*,tt*.tt ootff,. O2,,3,6n^,A,td,h Shumake Starr Stumbaugh
Tate Turner Tysinger Walker

Those not voting were Senators:

Coleman Coverdell Dawkins

Garner Kennedy (presiding) McKenzie

Peevy Taylor Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 63.

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

HB 331. By Representative Groover of the 99th:
A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the riling of a petition with a court for the according of a program of services to a mentally retarded person, so as to change the criteria for admission to residential facilities for the mentally retarded.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Human Resources offered the following substitute to HB 331:

A BILL To be entitled an Act to amend Code Section 37-4-40 of the Official Code of Georgia

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Annotated, relating to the filing of a petition with a court for the according of a program of services to a mentally retarded person, so as to change the criteria for admission to residen tial facilities for the mentally retarded; 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 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of a petition with a court for the according of a program of services to a mentally retarded person, is amended by striking subsection (e) of said Code section and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) If after a full and fair hearing the court finds that the client is not mentally re tarded or that he is not in need of care, training, education, habilitation, or other specialized services other than that which he is then receiving, the court shall dismiss the petition. If the court finds that the client is mentally retarded and is in need of such additional services, the department shall recommend a habilitative program for the client, based upon the indi vidualized program plans submitted, which is an alternative to care in a facility. If the court finds that such an alternative program is available and that such program presents a reason able expectation of accomplishing the stated goals of the individualized program plan adopted by the court, the court shall order the client to comply with the plan and shall issue appropriate orders to implement the plan. If the court concludes from the evidence that the least restrictive available alternative which would accomplish the goals of the plan is for the client to be admitted to a facility, the court shall not order such admission unless it further specifically finds that:
(1) The court has been notified by the department that a bed appropriate to the specific needs of the client is available and that the services indicated in the individualized program plan submitted to the court by the comprehensive evaluation team or by the client can be provided and that no community based residential service bed is available that can meet the client's needs; and
(2) The court has been notified by the department that the individual seeking to receive services is the most-in-need to receive training in a 24 hour residential care facility among all those in the service area awaiting residential services."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes |rannon BBruorutonn
Coleman
Dawkins Dean
English

Engram Fincher Foster Fuller gillis .,, HHaumggminisll
Kidd
Langford Newbill
Olmstead

Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd S,,,humak. e
Starr
Tate Tysinger
Walker

MONDAY, MARCH 6, 1989

1613

Those voting in the negative were Senators:

Baldwin Bowen Clay Collins Coverdell Deal Echols

Edge Garner Harris Howard Johnson Land McKenzie

Parker Perry Ray Scott of 36th Stumbaugh Timmons Turner

Those not voting were Senators:

Kennedy (presiding)

Peevy

Taylor

On the passage of the bill, the yeas were 32, nays 21.

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 160. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to spouses benefits coverage; to provide that when a member is divorced from the member's spouse, the member's spouse may seek a qualified domestic relations order to attach the member's retirement bene fits and spouses benefits.

The House substitute to SB 160 was as follows:

A BILL
To be entitled an Act to amend Code Section 47-2-260 of the Official Code of Georgia Annotated, relating to the right of members of the Employees' Retirement System of Geor gia to remain members of that retirement system if they become superior court judges or district attorneys, so as to reenact and clarify certain provisions of said Code section; to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to provide that a member who is reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions as long as the member continues to hold office as a superior court judge; to change the provisions relating to spouses benefit coverage; to pro vide that when a member is divorced from the member's spouse, the member's spouse may seek a qualified domestic relations order to attach the member's retirement benefits and spouses benefits; to change the provisions relating to exemption of rights and benefits from levy and sale, garnishment, or other process; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-260 of the Official Code of Georgia Annotated, relating to the right of members of the Employees' Retirement System of Georgia to remain members of that retirement system if they become superior court judges or district attorneys, is amended by striking subsections (a) and (b) in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The provisions of this or any other law to the contrary notwithstanding, on and

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after April 1, 1969, any person appointed or elected as a judge of the superior court or as a district attorney who at the time of such appointment or election is a member of the Em ployees' Retirement System of Georgia shall be entitled to elect to continue as a member of the retirement system while holding office as a judge of the superior court or district attor ney. All rights, credits, and funds in the retirement system which are possessed by any such member at the time of the member's appointment or election shall be continued in force and the member shall be entitled to all rights and benefits under the retirement system to which the member was entitled at the time of the member's appointment or election and to all rights subsequently acquired.
(b) Within 30 days after appointment or election as a judge of the superior court or as a district attorney, any such person who elects to continue as a member of the retirement system shall notify the director of the Employees' Retirement System of Georgia and the director of the Fiscal Division of the Department of Administrative Services of that deci sion. Upon making such election and giving the required notice, a member who is subject to the provisions of this Code section shall not be required to become a member of or make contributions to the Superior Court Judges Retirement System provided for in Chapter 9 of this title or to the District Attorneys' Retirement System provided for in Chapter 13 of this title."
Section 2. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," is amended by adding at the end of Code Section 47-9-70, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, a new subsection (e) to read as follows:
"(e) Any member of the retirement system who was reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions to the retirement system as long as the member continues to hold office as a superior court judge."
Section 3. Said chapter is further amended by adding at the end of Code Section 47-973, relating to spouses benefits coverage, a new subsection (m) to read as follows:
"(m) Notwithstanding any other provisions of this chapter to the contrary, the member and his spouse may contract upon cessation of marriage that the member's benefits or the current spouses benefits coverage be assigned between the parties or any third party as provided for in a qualified domestic relations order. For purposes of this subsection, a 'qual ified domestic relations order' means a domestic relations order which creates or recognizes the existence of an alternative payee's right to or assigns to an alternative payee the right to receive all or a portion of the benefits payable with respect to a member and his spouse under the retirement system. The alternative payee may be a spouse, former spouse, child, or dependent. The order must be a judgment, decree, or order which relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of the participant and made pursuant to a state domestic relations law. A domestic relations order must specify the manner for determining the amount or percentage of the member's benefits to be paid to each alternate payee and the number of payments or the period in which the payments are to be made. The order cannot require increased or different benefits nor provide for payment of benefits prior to the time for benefits to be paid under the terms of this chapter."
Section 4. Said chapter is further amended by striking in its entirety Code Section 47-991, relating to exemption of rights and benefits from levy and sale, garnishment, or other process, and inserting in lieu thereof a new Code Section 47-9-91 to read as follows:
"47-9-91. (a) Except as otherwise provided in subsection (b) of this Code section, the right to a retirement benefit, the return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the fund created by this chapter are exempt from any state, county, or municipal tax; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and shall not be assignable, except as otherwise specifically provided in this chapter.

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1615

(b) Retirement benefits or other benefits provided for under this chapter shall be sub ject to qualified domestic relations orders as provided in subsection (m) of Code Section 479-73."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 160.

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 Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen

Kennedy (presiding) Peevy

Taylor

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 160.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 49. By Senators Stumbaugh of the 55th, Peevy of the 48th, Kidd of the 25th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related organizations with re spect to insurance, so as to provide for a reduction in premium charges for cer tain motor vehicle insurance coverage for persons 55 years of age or older who complete a motor vehicle accident prevention course.

The House substitute to SB 49 was as follows:

A BILL
To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that insurers shall

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make available appropriate reductions in premiums paid for certain motor vehicle insurance coverages for persons successfully completing defensive driving courses through driver im provement clinics; to provide for rules and regulations; to provide for course content; to provide for certification for three-year periods; to provide for eligibility; to provide for re porting; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, is amended by striking in its entirety subsection (a) of Code Section 33-34-13, relating to rules and regulations affecting motor vehicle accident insurance, and inserting in its place a new subsection (a) to read as follows:
"(a) The Commissioner of Insurance shall adopt rules and regulations necessary for the implementation of this chapter with respect to insurers providing the insurance required in this chapter. The commissioner of public safety shall adopt rules and regulations necessary for the implementation of this chapter with respect to the maintaining of the insurance and proof of insurance required in this chapter and necessary to coordinate the defensive driving courses provided for in Code Section 33-34-16 with the programs under the authority of the commissioner pursuant to Article 4 of Chapter 5 of Title 40."
Section 2. Said chapter is further amended by adding at the end thereof a new Code section, to be designated Code Section 33-34-16, to read as follows:
"33-34-16. (a) For each personal or family-type policy of motor vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer an appropriate reduction in premiums for motor vehicle liability, bodily injury, and collision coverages to the policyholder if the principal driver and all named drivers, as listed on the policy applica tion or provided in information subsequent to such application, of each motor vehicle cov ered by such policy satisfies the requirements of subsection (b) of this Code section.
(b) Reductions in premiums shall be available if all such drivers:
(1) Have committed no traffic offenses for the prior three years;
(2) Complete a course in defensive driving of not less than six hours from a driver improvement clinic approved by and under the jurisdiction of the Department of Public Safety; and
(3) Have had no claims based on fault against an insurer for the prior three years.
(c) Upon completion of the defensive driving course specified in paragraph (2) of sub section (b) of this Code section by all such drivers, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided no driver under such policy commits a traffic offense or has a claim against the policy based on any such driver's fault.
(d) The Department of Public Safety shall assure through the supervision of driver improvement clinics that defensive driving courses shall be available and accessible to li censed drivers throughout the state.
(e) Each insurer providing premium discounts under this Code section shall report quarterly to the Commissioner the amounts of such discounts in a form acceptable to the Commissioner."
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 SB 49 as amended by the following amendment:
Amend the House substitute to SB 49 by adding on page 3, line 6, after the word "accessible" the following:
"wherever practicable as determined by the Department".

MONDAY, MARCH 6, 1989

1617

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barries Brannon
B^ruorutonn
CC~ oo,llyleimnsan Coverdell Dawkins Dea] Dean Echols Edge English

Engram Fincher Foster Fuller Gillis
HHaamrrims ill
Howard Huggms Johnson Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th
RRaagyan of 32nd
SS_,hcoutmt aokfe36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Garner

Kennedy (presiding) McKenzie

Scott of 2nd Taylor

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 49 as amended by the Senate.

Senator Howard of the 42nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing the following bill of the House previously today:

HB 331. By Representative Groover of the 99th:
A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of a petition with a court for the according of a program of services to a mentally retarded person, so as to change the criteria for admission to residential facilities for the mentally retarded.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 45. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through a candidate or cam paign committee, so as to provide that contributions to any candidate from any person which do not exceed $100.99 in the aggregate do not require separate re porting in the county or municipality of such candidate's residence.

The House substitute to SB 45 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide that persons who accept contributions for, make contributions to, or make expenditures on behalf of candi-

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JOURNAL OF THE SENATE

dates for membership in the General Assembly shall not be required to file with local elec tion superintendents as required of candidates for membership in the General Assembly; to change the provisions relating to the filing of campaign contribution disclosure reports by campaign committees which accept contributions or make expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, is amended by striking in its entirety subsection (a) of Code Section 21-5-31, relating to contributions or expenditures other than through a candi date or campaign committee, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who accepts contributions for, makes contributions to, or makes ex penditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candi date or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting, and except that copies of campaign contribution disclo sure reports do not have to be filed with local election superintendents as required of candi dates for membership in the General Assembly pursuant to paragraph (1) of subsection (a) of Code Section 21-5-34."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 45.
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 Brannon Broun Burton Coleman Collins Dawkins Deal Dean Echols English Engram

Fincher Foster Fuller Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Clay

Edge

Coverdell

Newbill

Those not voting were Senators:

Albert Bowen Garner

Howard Kennedy (presiding)

Scott of 2nd Taylor

MONDAY, MARCH 6, 1989

1619

On the motion, the yeas were 45, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 45.

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

HB 216. By Representative Buford of the 103rd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.
Senate Sponsor: Senator Edge of the 28th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Coverdell Dawkins Deal Echols Edge

Engram Fincher Fuller Gillis Hammill Harris Huggins Johnson Kidd Langford McKenzie Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Collins Dean

Garner Land

Newbill Stumbaugh

Those not voting were Senators:

Bowen Brannon English

Foster Howard Kennedy (presiding)

Scott of 2nd Starr Taylor

On the passage of the bill, the yeas were 41, nays 6.

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

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JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 43. By Senator Kidd of the 25th:
A bill to amend Code Section 43-4A-16 of the Official Code of Georgia Anno tated, relating to the signing of a contract prior to termination of an athlete's college eligibility under the "Georgia Athlete Agents Regulatory Act of 1988," so as to require an athlete agent to provide notification upon the signing of an ath lete to an agent contract prior to the termination of the athlete's college eligibility.
The House substitute to SB 43 was as follows:
A BILL
To be entitled an Act to amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Athlete Agents Regulatory Act of 1988," so as to change the provisions relating to definitions; to change the provisions relating to registration re quirements; to change the provisions relating to applications for registration; to change the provisions relating to grounds for refusal of registration; to provide for revocation of a regis tration or the discipline of a registrant for certain actions; to provide that the refusal of a registration shall not be considered a contested case within the meaning of the "Georgia Administrative Procedure Act"; to authorize certain actions to be taken by the Georgia Ath lete Agent Regulatory Commission against persons who are unqualified for registration or who are subject to disciplinary measures as a result of certain actions; to change the provi sions relating to temporary registration; to delete certain provisions relating to requirements for applications for registration or renewal; to prohibit athlete agents from engaging in the occupation of an athlete agent without a license; to provide a penalty; to provide that cer tain contracts are void; to change the provisions relating to fees for issuance of application and renewal; to provide for a temporary registration fee and for other matters relating to fees; to change the provisions relating to surety bond requirements; to change the provisions relating to the signing of a contract prior to termination of an athlete's eligibility; to require an athlete agent to provide notification upon signing an athlete to an agent contract prior to the termination of the athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education; to provide for notification of athletic directors at certain institutions under certain conditions; to provide that an athlete agent is subject to forfeiture of any right of repayment of anything of value received by an athlete under certain condi tions; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Athlete Agents Regulatory Act of 1988," is amended by striking in its entirety Code Section 43-4A-2, relating to definitions, and inserting in lieu thereof a new Code Sec tion 43-4A-2 to read as follows:
"43-4A-2. As used in this chapter, the term:
(1) 'Agent contract" means any contract or agreement pursuant to which an athlete au thorizes or empowers an athlete agent to negotiate or solicit on behalf of the athlete with one or more professional sports teams for the employment of the athlete by one or more professional sports teams or to negotiate or solicit on behalf of the athlete for the employ ment of the athlete as a professional athlete.
(2) 'Athlete' means an individual who:
(A) Is eligible to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education; or
(B) Has participated as a member of a sports team at an institution of higher education

MONDAY, MARCH 6, 1989

1621

and who has never signed a professional sports services contract with a professional sports team. For purposes of this subparagraph, execution by an athlete of a personal service con tract with the owner or prospective owner of a professional sports team for the purpose of future athletic services is equivalent to employment with a professional sports team.
(3) 'Athlete agent' means a person who, directly or indirectly, recruits or solicits an athlete to enter into an agent contract or professional sports services contract with that person or who for a fee procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team. The term 'athlete agent' does not include the owner, employee, or other representative of a professional sports team, provided that such owner, employee, or representative does not recruit or solicit such athlete to enter into an agent contract or professional sports services contract or for a fee does not procure, offer, promise, or attempt to obtain employment for such athlete with a professional sports team.
(4) 'Athletic department' means the entity exercising control over the intercollegiate sports program at an institution of higher education, including, but not limited to, an ath letic association, an athletic department, or an athletic foundation.
(5) 'Athletic director' means the representative of the intercollegiate sports program at an institution of higher education as identified on the annual report filed with the commission.
(6) 'Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3.
(7) 'Institution of higher education' means a public or private postsecondary school lo cated in this state.
(8) 'Person' means any individual, company, corporation, association, partnership, or other legal entity.
(9) 'Professional sports services contract' means any contract or agreement pursuant to which an athlete is employed or agrees to render services as a player on a professional sports team or as a professional athlete."
Section 2. Said chapter is further amended by striking in its entirety Code Section 434A-4, relating to the registration requirement, and inserting in lieu thereof a new Code Sec tion 43-4A-4 to read as follows:
"43-4A-4. (a) No person shall engage in or carry on the occupation of an athlete agent with an athlete without first registering with the commission.
(b) Each institution of higher education shall file an annual report with the commission, on a form provided by the commission, identifying the athletic director for said institution."
Section 3. Said chapter is further amended by striking in its entirety Code Section 434A-5, relating to application for registration, and inserting in lieu thereof a new Code Sec tion 43-4A-5 to read as follows:
"43-4A-5. (a) A written application for registration or registration renewal shall be made to the commission on the form prescribed by the commission and shall, at a minimum, state the following:
(1) The name of the applicant and address of the applicant's residence;
(2) The address where the business of the athlete agent is to be conducted;
(3) The business or occupation engaged in by the applicant for at least two years imme diately preceding the date of application;
(4) Such biographical information on the applicant as may be deemed necessary by the commission; and
(5) The names and addresses of all persons, except bona fide employees on stated sala ries, who are financially interested, either as partners, associates, or profit sharers, in the operation of the business of the athlete agent.

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(b) The application for registration shall be accompanied by affidavits or certificates of completion of any and all formal training or practical experience in any one of the following specific areas: contracts, contract negotiation, complaint resolution, arbitration, or civil reso lution of contract disputes. The commission, in evaluating the applicant's qualifications, may consider any other relevant training, education, or experience to satisfy this requirement."
Section 4. Said chapter is further amended by striking in its entirety Code Section 434A-7, relating to grounds for refusal of registration, and inserting in lieu thereof a new Code Section 43-4A-7 to read as follows:
"43-4A-7. (a) The commission, by a majority of its members present and voting, may refuse to grant a registration to an applicant therefor or may revoke a registration of a person registered by the commission or may discipline a person registered by the commis sion upon making a finding that the applicant or registrant or his or her representative or employee:
(1) Has made a material false, misleading, deceptive, untrue, or fraudulent representa tion as an athlete agent or in any document connected therewith or practiced fraud or deceit or made a false statement of a material nature in his or her application for registration or made a false or deceptive statement of a material nature on an application for biennial registration renewal with the commission;
(2) Has ever misappropriated funds or engaged in other specific acts such as embezzle ment, theft, or fraud which would render him or her unfit to serve in a fiduciary capacity;
(3) Has engaged in such other conduct that has a significant adverse impact on his or her creditability, honesty, integrity, or competence to serve in a fiduciary capacity;
(4) Has engaged in conduct which results in a violation of any rule or regulation promulgated by an intercollegiate sports governing body;
(5) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16 or has been convicted of a gambling offense in another state;
(6) Has been convicted of violating a statute, law, or any rule or regulation of this state, any other state, the commission, the United States, or any other lawful licensing authority, without regard to whether the violation is criminally punishable, which law, rule, or regula tion relates to or in part regulates athlete agents, or violating a lawful order of the commis sion previously entered by the commission in a disciplinary hearing;
(7) Is unwilling to swear or affirm that he or she will comply with such rules and stan dards of conduct for athlete agents as may from time to time be promulgated by the com mission; or
(8) Has engaged in conduct which results in an athlete's losing eligibility to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education.
(b) The refusal to grant a registration shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of such chapter shall not be required. Notice of refusal to grant a registration is required to be sent by registered mail or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the commission and the applicant shall be allowed to appear before the commission if the applicant so requests in writing."
Section 5. Said chapter is further amended by striking in its entirety Code Section 434A-8, relating to revocation or suspension of registration, and inserting in lieu thereof a new Code Section 43-4A-8 to read as follows:
"43-4A-8. When the commission finds that a person is unqualified to be granted a regis-

MONDAY, MARCH 6, 1989

1623

tration or finds that a registrant should be disciplined pursuant to the laws of this state, the commission may take any one or more of the following actions:
(1) Refuse to grant or renew a registration;
(2) Administer a public reprimand;
(3) Suspend any registration for a definite period of time or for an indefinite period of time in connection with any condition which may be attached to the restoration of said registration;
(4) Limit or restrict any registration as the commission deems necessary for the protec tion of the public;
(5) Revoke any registration;
(6) Impose a fine not to exceed $100,000.00 for each violation of a law, rule, or regula tion; or
(7) Impose any condition on a registration, including, but not limited to, requiring a surety bond in excess of $10,000.00, which the commission may reasonably deem necessary for the protection of the public."
Section 6. Said chapter is further amended by striking in its entirety Code Section 434A-10, relating to temporary registration, and inserting in lieu thereof a new Code Section 43-4A-10 to read as follows:
"43-4A-10. The commission may, at its discretion, issue a temporary registration subject to revocation for cause by the commission. Otherwise, the conditions for issuance or renewal shall meet the requirements of Code Section 43-4A-5."
Section 7. Said chapter is further amended by striking in its entirety Code Section 434A-11, relating to requirements for applications for registration or renewal, and inserting in lieu thereof a new Code Section 43-4A-11 to read as follows:
"43-4A-11. (a) Any person who engages in the occupation of an athlete agent with an athlete without complying with this chapter or who otherwise violates any provisions of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00 or by imprisonment from one to five years, or both.
(b) Any agent contract or professional services contract that is negotiated for, with, or on behalf of an athlete by an athlete agent who has failed to comply with the registration requirements of subsection (a) of Code Section 43-4A-4 is void."
Section 8. Said chapter is further amended by striking in its entirety Code Section 434A-12, relating to fees for issuance of application and renewal, and inserting in lieu thereof a new Code Section 43-4A-12 to read as follows:
"43-4A-12. The commission is authorized to charge an application fee, temporary regis tration fee, registration fee, registration renewal fee, or similar fees and may establish the amount of the fees to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the commission shall approximate the total of the direct and indirect costs to the state of the operations of the commission."
Section 9. Said chapter is further amended by striking in its entirety Code Section 434A-13, relating to surety bond requirements, and inserting in lieu thereof a new Code Sec tion 43-4A-13 to read as follows:
"43-4A-13. An athlete agent shall deposit or have deposited with the commission, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of not less than $10,000.00, as established by the commission. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic depart-

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JOURNAL OF THE SENATE

ment aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-16 or would be grounds for revocation of a license under Code Section 43-4A-7 or 43-4A-8. If more than one athletic department suffers damages by the actions of an athlete agent, each athletic department shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each athlete who loses his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent."
Section 10. Said chapter is further amended by striking in its entirety Code Section 434A-16, relating to the signing of a contract prior to termination of an athlete's college eligi bility, and inserting in lieu thereof a new Code Section 43-4A-16 to read as follows:
"43-4A-16. (a) (1) An athlete agent who intends to sign an athlete to an agent contract prior to the termination of the athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education shall notify the commission in writing. The athlete agent shall provide the name of the athlete and the athlete's institution of higher education and the sport or sports in which the athlete competes at such institution of higher education. The commission shall within seven business days notify in writing the athletic director of the institution of higher education attended by the athlete, provided that said institution has filed the annual report required by subsection (b) of Code Section 43-4A-4. Except as otherwise provided in this subsection for notification of the athletic director, the notice filed by the athlete agent with the commission shall be confidential information and not a public record. The athlete agent shall not be permitted to sign the athlete to an agent contract until the expiration of 30 days from the date that the commission received notice from the agent of the intention to sign such contract.
(2) An athlete agent who signs an athlete to an agent contract prior to the termination of the athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education shall notify the commission in writing within ten days of the date of said signing. The athlete agent shall provide the name of the athlete, the name of the athlete's institution of higher education, and the sport or sports in which the athlete competes at said institution. The commission shall within seven business days notify in writing the athletic director at the institution of higher education, provided that said institution has filed the annual report required by subsection (b) of Code Section 43-4A-4.
(b) Prior to the signing of an agent contract, an athlete agent shall not compensate any athlete or take any other action in connection with such athlete which may jeopardize such athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education.
(c) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, such athlete agent shall be liable for damages in the amount of the bond deposited pursuant to Code Section 43-4A-13 to any athletic department for which an ath lete participates, which athlete was the subject of the agent contract or consideration or other action resulting in a violation of this Code section. The provisions of this subsection shall apply regardless of whether an athlete loses any eligibility to participate in intercolle giate sports contests at such institution of higher education.
(d) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, any agent contract that is negotiated by said athlete agent is void. The provi sions of this subsection shall apply regardless of whether an athlete loses any eligibility to participate in intercollegiate sports contests at such institution of higher education.
(e) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, said athlete agent is subject to forfeiture of any right of repayment of any thing of value either received by an athlete as an inducement to enter into any agent con tract or received by an athlete before completion of the athlete's last intercollegiate sports contest."

MONDAY, MARCH 6, 1989

1625

Section 10A. This chapter shall not be applicable to a person or agreement involving an athlete and an amateur athletic team.
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 12. 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 43.
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
B?,urorutonn
PCo,lyeman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis
HHaamrrims ill
Howard Huggms Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th
RRaaygan of 32nd
Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Kennedy (presiding)

Scott of 2nd

Taylor

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 43.

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

HB 195. By Representatives Jamieson of the llth, Moore of the 139th, Parham of the 105th, Twiggs of the 4th and Gresham of the 21st:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to misleading advertisements.
Senate Sponsor: Senator English of the 21st.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Bowen Brannon

Howard Kennedy (presiding)

Scott of 2nd

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

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

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 103. By Senators Gillis of the 20th, McKenzie of the 14th and English of the 21st: A resolution creating the Joint Study Committee on Solid Waste Management.

The House amendment was as follows:

Amend SR 103 by striking "20" from line 28 of page 3 and inserting in its place the following:
"five".
Senator Gillis of the 20th moved that the Senate agree to the House amendment to SR 103.

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 Burton Clay Coleman Collins

Coverdell Dawkins Deal Dean Echols Edge Engram Fincher Foster Fuller Garner

Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

MONDAY, MARCH 6, 1989

1627

Parker Peevy Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake

Starr Stumbaugh Tate Timmons Turner

Those not voting were Senators:

Bowen English Howard

Kennedy (presiding) Scott of 2nd Taylor

Tysinger Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 103.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 159. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to increases in salary based on longevity in office with respect to the clerks of the superior courts, judges of the probate courts, and sheriffs; to amend Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, so as to change the provisions relating to increases in salary.

The House substitute to SB 159 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 change the provisions relating to increases in salary based on longevity in office with respect to the clerks of the superior courts, judges of the probate courts, and sheriffs; to amend Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, so as to change the provisions relating to increases in salary based on longevity in office with respect to tax collectors and tax commissioners; to repeal conflict ing 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 in its entirety subsection (a) of Code Section 15-6-90, relating to lon gevity increases with respect to salaries of clerks of the superior courts, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The amounts provided in subsection (a) of Code Section 15-6-88 and Code Sections 15-6-89 and 15-10-105 shall be increased by 5 percent per each four-year term of office served by any clerk after December 31, 1976, figured at the end of each such period of service.
Section 2. Said title is further amended by striking in its entirety Code Section 15-9-65, relating to longevity increases with respect to salaries of judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-65 to read as follows:
"15-9-65. The amounts provided in paragraph (2) of subsection (a) of Code Section 159-63 and Code Section 15-9-64 shall be increased by 5 percent for each four-year term of office served by any judge of a probate court after December 31, 1976, figured at the end of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary pro-

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JOURNAL OF THE SENATE

vided in Code Sections 15-9-63 through 15-9-67, in which event Code Sections 15-9-63 through 15-9-67 shall prevail."
Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 15-16-20, relating to the minimum annual salaries of sheriffs, which reads as follows:
"(b) (1) The amounts provided in subsection (a) of this Code section shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, and prior to July 1, 1982, effective July 1, 1982.
(2) The amounts provided in subsection (a) of this Code section, including any increases provided by paragraph (1) of this subsection, where applicable, shall be increased by 5 per cent for each four-year term of office served by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Code section.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code Section 15-16-20.1 shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, figured at the end of each such period of service."
Section 4. Code Section 48-5-183, relating to salaries of tax collectors and tax commis sioners, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The amounts provided in paragraph (1) of subsection (b) of this Code section, subsection (g) of Code Section 48-5-137, and, where applicable, Code Section 21-2-212 shall be increased by 5 percent for each four-year term of office served by any tax collector or tax commissioner after December 31, 1976, figured at the end of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided in this Code section, in which event this Code section shall prevail. This Code section shall not be construed to reduce the salary of any tax collector or tax commissioner in office on July 1, 1979. The minimum salaries provided for in this Code section shall be considered as salary only. Ex penses for deputies, equipment, supplies, copying equipment, and other necessary and rea sonable expenses for the operation of a tax collector's or tax commissioner's office shall come from funds other than the funds specified as salary in this Code section."
Section 5. 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 159.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman

Collins Coverdell Dawkins Deal Dean Echols Edge English Engram Fincher Foster

Fuller Garner Gillis Harris Howard Huggins Johnson Kidd Land Langford McKenzie

MONDAY, MARCH 6, 1989

1629

Newbill Olmstead
oPeaerkvyef Perry Phillips Pollard

Ragan of 10th Ragan of 32nd
S= c3oytt otf 2ondj Scott of 36th Shumake Starr

Tate Taylor
Timmons
l urner Tysinger Walker

Those not voting were Senators:

Hammill

Kennedy (presiding)

Stumbaugh

On the motion, the yeas were 53, nays 0; the motion prevailed and the Senate agreed to the House substitute to SB 159.

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

HR 101. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun.
Senate Sponsor: Senator Brannon of the 51st.

The Senate Committee on Public Utilities offered the following substitute to HR 101:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in the City of Calhoun, Gordon County, Georgia; and
WHEREAS, said real property is described as follows:
All that certain tract or parcel of land situate, lying and being in the City of Calhoun, Georgia, and in Land Lot 206 of the 14th District of Gordon County, Georgia, and being more particularly described as a portion of parcel no. 2 of the Western and Atlantic Rail road Valuation Map No. V2/37 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by the City of Calhoun and presented to the State Properties Commis sion for approval);
and
WHEREAS, the State of Georgia currently has the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Com pany and Seaboard System Railroad) until December 31, 2019; and
WHEREAS, the City of Calhoun is interested in using the depot and adjoining prop erty for public purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the conveyance of the above-described real property shall be condi-

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JOURNAL OF THE SENATE

tioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) conveying its interest in said property to the State of Georgia by appropriate instrument.
Section 3. That the State of Georgia, acting by and through its State Properties Com mission, is authorized to sell and convey the above-described real property by appropriate instrument to the City of Calhoun for a consideration of $650.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission.
Section 4. That the above-described real property is conveyed only for use for public purposes and the conveyance shall be valid only so long as the City of Calhoun and its successors and assigns continue to use the said property for public purposes; and, should said property be permanently abandoned or the use thereof for public purposes be perma nently discontinued, said real property shall revert to the State of Georgia.
Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated, requir ing that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
Section 6. That a resolution, Resolution Act No. 47, S. R. 94, authorizing the convey ance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun, approved April 19, 1979 (Ga. L. 1979, p. 1363), is repealed in its entirety.
Section 7. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 8. That all laws and parts of laws in conflict with this resolution are repealed.

On the adoption of the substitute, the yeas were 34, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun
Burton Clay Collins Coverdell Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill
Harris Howard Huggins Johnson Kidd Land Langford McKenzie

Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor

MONDAY, MARCH 6, 1989

1631

Timmons Turner

Tysinger

Walker

Those not voting were Senators:

Coleman Dawkins

Kennedy (presiding)

Olmstead

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

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

HB 248. By Representatives Crosby of the 150th, Royal of the 144th and Coleman of the 118th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require cer tain local authorities to file an annual report of indebtedness with the Depart ment of Community Affairs.
Senate Sponsor: Senator Phillips of the 9th.

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 Terry L. Coleman, Chairman

House Ways and Means Committee

FROM:

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

DATE:

January 31, 1989

SUBJECT: Fiscal Note--House Bill 248 (LC 18 2794) Local Government Budgets and Audits

This bill would define the term "local independent authority" and would require such organizations to submit an annual report of indebtedness to the Department of Community Affairs. These reports would be required to include the revenues, expenditures, assets, and debts of all funds of the local independent authorities and would also require descriptions of any actions taken by such organizations to incur indebtedness. Using such information, the Department of Community Affairs would be required to annually prepare a "local indepen dent authority indebtedness report" to be filed on January 15 of each year (beginning Janu ary 1, 1990) with certain government officials and committees. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval.

This bill would have no fiscal impact upon state revenues. The Department of Commu nity Affairs has estimated an annual cost of approximately $63,000 for additional personnel to administer this bill's provisions.

/s/ G. W. Hogan State Auditor

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

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Coverdell Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Peevy

Perry Phillips Pollard 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:

Broun Coleman

Collins Kennedy (presiding)

Parker

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

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

HB 102. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to amend Code Section 12-8-28.1 of the Official Code of Georgia Anno tated, relating to limitations on the location of solid waste disposal sites within a certain distance of adjoining counties, so as to change the provisions relating to such distance.
Senate Sponsors: Senators Gillis of the 20th and English of the 21st.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun

Burton Clay Coleman
Collins Coverdell Dawkins Deal Dean

Edge English Engram Fincher Foster Fuller Garner Gillis

MONDAY, MARCH 6, 1989

1633

Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie

Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Echols Kennedy (presiding)

Scott of 2nd Shumake

Timmons

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

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

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:57 o'clock P.M. until 2:15 o'clock P.M.

At 2:15 o'clock P.M., the President called the Senate to order.

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

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

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

HB 847. By Representative Thompson of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to change the salary of the mayor pro tern; to change certain provisions relating to the appoint ment and removal of certain employees of the municipal court.

HB 849. By Representative Thompson of the 20th:
A bill to amend an Act creating a system of public schools for the City of Mari etta, so as to eliminate the requirement that members of the board of education be freeholders; to provide that a vacancy on the board of education shall be filled by the city council.

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JOURNAL OF THE SENATE

HB 991. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th: A bill to provide a short title; to provide for definitions; to authorize the creation and funding of an enhanced emergency telephone number 911 system special dis trict within the corporate boundaries of Lowndes County; to provide for the dis trict's governing authority; to provide for the collection of service charges.
HB 995. By Representative Ray of the 98th: A bill to grant to the Probate Court of Peach County jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana under certain circumstances.
HB 996. By Representative Ray of the 98th: A bill to amend an Act establishing the City of Byron, so as to change the provi sions relating to the clerk, treasurer, and marshal of the city.
HB 1002. By Representatives Snow of the 1st, McCoy of the 1st and Crawford of the 5th: A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the governing authority of each county comprising the Lookout Moun tain Judicial Circuit to continue to supplement the state paid compensation of probation officers.
HB 1026. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to change the composition of the board of education; to change the education districts; to pro vide for the nomination and election of members of the board of education from separate education districts in nonpartisan primaries and elections.
HB 1029. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act placing the clerk of the Superior Court of Carroll County on an annual salary, so as to change the compensation of the clerk of the Supe rior Court of Carroll County.
HB 1030. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge of said court.
HB 1032. By Representative Smith of the 152nd: A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide that the compensation of the chairman of the board of commissioners shall be the average of the compensation of the constitutional officers of Bacon County.
HB 1033. By Representatives Alford of the 57th, Richardson of the 52nd, Redding of the 50th, Williams of the 48th, Mangum of the 57th and others: A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.

MONDAY, MARCH 6, 1989

1635

HB 1034. By Representative Smith of the 152nd: A bill to amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, so as to increase the number of secre taries and jailers; to provide for a chief deputy; to provide for an investigator and his salary.
The following bills of the House were read the first time and referred to committee:
HB 847. By Representative Thompson of the 20th: A bill to amend an Act reincorporating the City of Marietta, so as to change the salary of the mayor pro tern; to change certain provisions relating to the appoint ment and removal of certain employees of the municipal court.
Referred to Committee on Urban and County Affairs.
HB 849. By Representative Thompson of the 20th: A bill to amend an Act creating a system of public schools for the City of Mari etta, so as to eliminate the requirement that members of the board of education be freeholders; to provide that a vacancy on the board of education shall be filled by the city council.
Referred to Committee on Urban and County Affairs.
HB 991. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th: A bill to provide a short title; to provide for definitions; to authorize the creation and funding of an enhanced emergency telephone number 911 system special dis trict within the corporate boundaries of Lowndes County; to provide for the dis trict's governing authority; to provide for the collection of service charges.
Referred to Committee on Urban and County Affairs.
HB 995. By Representative Ray of the 98th: A bill to grant to the Probate Court of Peach County jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana under certain circumstances.
Referred to Committee on Urban and County Affairs.
HB 996. By Representative Ray of the 98th: A bill to amend an Act establishing the City of Byron, so as to change the provi sions relating to the clerk, treasurer, and marshal of the city.
Referred to Committee on Urban and County Affairs.
HB 1002. By Representatives Snow of the 1st, McCoy of the 1st and Crawford of the 5th: A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the governing authority of each county comprising the Lookout Moun tain Judicial Circuit to continue to supplement the state paid compensation of probation officers.
Referred to Committee on Urban and County Affairs.
HB 1026. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to change the composition of the board of education; to change the education districts; to pro-

1636

JOURNAL OF THE SENATE

vide for the nomination and election of members of the board of education from separate education districts in nonpartisan primaries and elections. Referred to Committee on Urban and County Affairs.
HB 1029. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act placing the clerk of the Superior Court of Carroll County on an annual salary, so as to change the compensation of the clerk of the Supe rior Court of Carroll County.
Referred to Committee on Urban and County Affairs.
HB 1030. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge of said court.
Referred to Committee on Urban and County Affairs.
HB 1032. By Representative Smith of the 152nd: A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide that the compensation of the chairman of the board of commissioners shall be the average of the compensation of the constitutional officers of Bacon County.
Referred to Committee on Urban and County Affairs.
HB 1033. By Representatives Alford of the 57th, Richardson of the 52nd, Redding of the 50th and others: A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.
Referred to Committee on Urban and County Affairs.
HB 1034. By Representative Smith of the 152nd: A bill to amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, so as to increase the number of secre taries and jailers; to provide for a chief deputy; to provide for an investigator and his salary.
Referred to Committee on Urban and County Affairs.
The following general resolution and bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HR 115. By Representatives Jackson of the 83rd and Ricketson of the 82nd: A resolution providing that for state purposes the lake in northeastern Georgia will continue to be designated as the Clarks Hill Lake, Clarks Hill Reservoir, or Clarks Hill Area.
Senate Sponsor: Senator Allgood of the 22nd.
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:

MONDAY, MARCH 6, 1989

1637

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen
c^y
Col?l.imnsan Dawkins Deal Dean Echols English Engram

Fincher Foster Fuller Garner
amis
"Haamrrmisl11 Howard Huggins Johnson Kennedy Kidd Land

McKenzie Olmstead Parker Perry
Pollard
R_ ag6an of 10th "
Scott of 2nd Scott of 36th Shumake Stumbaugh Walker

Those voting in the negative were Senators:

Brannon Burton Coverdell

Edge Newbill Phillips

Ragan of 32nd Tysinger

Those not voting were Senators:

Allgood Barker Broun Langford

Peevy Starr Tate

Taylor Timmons Turner

On the adoption of the resolution, the yeas were 38, nays 8.

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

HB 630. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Redding of the 50th and Milam of the 81st:
A bill to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, known as the "Dangerous Dog Control Law," so as to change the definition of a potentially dangerous dog; to change the provisions relating to identifying dangerous dogs or potentially dangerous dogs.
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:

Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman

Collins Coverdell Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins

1638

JOURNAL OF THE SENATE

Johnson Kennedy
Kld<j Newbill Olmstead Perry

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

Scott of 36th Shumake
Stumbaugh Taylor Tysinger Walker

Voting in the negative was Senator Albert.

Those not voting were Senators:

Allgood Langford McKenzie

Parker Peevy Starr

Tate Timmons Turner

On the passage of the bill, the yeas were 46, nays 1.

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

HB 476. By Representatives Mueller of the 126th, Alien of the 127th, Dixon of the 128th and others:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide for comprehensive procedures for the disposition of abandoned vessels.
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 Baldwin Barnes Bowen Brannon ^ roun Burton CnCClooal,lyleimnsan Coverdell Dawkins Deal Dean
Echols Edge

English Engram Fincher Foster Fuller Garner Gilhs HuHHauamgrrgimsinisll Johnson Kennedy Kidd Land
McKenzie Newbill

Olmstead Parker Perry Pollard Ragan of loth R of 32nd p^a S0 co.t,t of, 02nd, Scott of 36th Shumake Stumbaugh Taylor Timmons
Tysinger Walker

Those not voting were Senators:

Allgood Barker Howard

Langford Peevy Phillips

Starr " Tate
Turner

MONDAY, MARCH 6, 1989

1639

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 252. By Representatives Robinson of the 96th, Groover of the 99th and Bishop of the 94th: A bill to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to contracts in general, so as to provide a statutory determination of what constitutes a trade secret; to provide that contractual rights or other rights relating to trade secrets shall be construed according to such statutory determination.
Senate Sponsor: Senator Johnson of the 47th.
The Senate Committee on Judiciary offered the following substitute to HB 252:
A BILL
To be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide a statutory determi nation of what constitutes a trade secret; to provide that contractual rights or other rights relating to trade secrets shall be construed according to such statutory determination; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding at the end thereof a new Article 26 to read as follows:
"ARTICLE 26
10-1-740. (a) A trade secret means information including, but not limited to, technical or nontechnical data, a formula pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers which:
(1) Derives economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality.
(b) Any contractual rights or other rights independent of contract relating to trade secrets shall be construed according to the definition provided by subsection (a) of this Code section, except that such definition shall have no applicability to Code Section 16-8-13, re lating to criminal offenses involving theft of trade secrets.
(c) No rights under this Code section shall be abrogated as a result of access to a trade secret by nonauthorized persons or as a result of an inadvertent disclosure."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
Broun Burton
Clay Coleman Collins Coverdell Dawkins Deal Dean

Echols Edge
Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie

Voting in the negative was Senator Taylor.

Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Timmons Tysinger Walker

Those not voting were Senators:

English Harris Langford

Peevy Starr Stumbaugh

Tate Turner

On the passage of the bill, the yeas were 47, nays 1.

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

HB 440. By Representatives Jackson of the 9th, Mangum of the 57th, Athon of the 57th and Dover of the llth:
A bill to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to expenses and per diem of members of county boards of education, so as to authorize county boards of education to provide group medical and dental insurance for its members and provide conditions and limitations relating thereto.
Senate Sponsor: Senator Land of the 16th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bowen Brannon Broun Burton Clay Coleman

Collins Coverdell Dawkins Deal Dean Echols Edge
English Engram Fincher Foster

Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie

MONDAY, MARCH 6, 1989

1641

Newbill Olmstead PPearrrkyer
Phillips
Pollard

Ragan of 10th Ragan of 32nd _R. ay
Scott of 2nd
Scott of 36th

Shumake Taylor _T.immons
Tysinger
Walker

Those not voting were Senators:

Harris Langford Peevy

Starr Stumbaugh

Tate Turner

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

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

HB 723. By Representative Holmes of the 28th:
A bill to amend Code Section 36-35-3 of the Official Code of Georgia Annotated, relating to municipal authority to adopt ordinances, rules and regulations and methods of amending municipal charters, so as to require sponsors of petitions to amend municipal charters to obtain petitions from the clerk of the governing authority; to provide for the contents of such petitions.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

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

Those not voting were Senators:

Brannon Langford

Shumake

Tate

Stumbaugh

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

1642

JOURNAL OF THE SENATE

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

HB 356. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to control and regulate searches of law offices; to provide for searches and seizures of documentary evi dence in the possession of an attorney; to provide for a definition; to provide standards and procedures for the issuance of warrants and the conduct of searches.
Senate Sponsor: Senator Fuller of the 52nd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen ^roun Burton CCloalyeman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Fuller Garner G" 1 * Hammill Harris HHuogwgairnds Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard RaganoflOth Ragan of 32nd p. 0Sco.t.t of,. ,,2nd, Scott of 36th Shumake Starr Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Foster

Langford Stumbaugh

Tate Walker

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

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 145. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, so as to direct the judge of the probate court of each county to notify the Secretary of State of the name and mailing address of the journal or newspaper serving as the official organ of the county.

MONDAY, MARCH 6, 1989

1643

The House substitute to SB 145 was as follows:

A BILL
To be entitled an Act to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, so as to direct the judge of the probate court of each county to notify the Secretary of State of the name and mailing address of the journal or newspaper serving as the official organ of the county; to provide for similar notice of changes in county organs; to provide for maintenance by the Secretary of State of a list of official county organs; to provide for related matters; 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. Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Not later than December 31, 1989, and during the month of December in each year thereafter the judge of the probate court of each county shall notify the Secretary of State, on a form supplied by the Secretary of State, of the name and mailing address of the journal or newspaper currently serving as the official organ of the county. The judge of the probate court shall also likewise notify the Secretary of State of any change in the official organ of the county at the time that such change is made. The Secretary of State shall maintain at all times a current listing of the names and addresses of all county organs and shall make such list available to any person upon request."
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 145.

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 Burton Clay Coleman Collins Coverdell Dawkins Deal Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Land McKenzie Newbill

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

Those not voting were Senators:

Bowen Dean Johnson

Langford Shumake Starr

Tate Walker

1644

JOURNAL OF THE SENATE

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 145.

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

HB 637. By Representatives Barnett of the 10th, Harris of the 84th and Birdsong of the 104th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, so as to change and revise the provi sions regarding notification of the individual against whom such an execution has been issued.
Senate Sponsor: Senator Peevy of the 48th.

The Senate Committee on Special Judiciary offered the following substitute to HB 637:

A BILL
To be entitled an Act to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, so as to change and revise the provisions regarding notification of the individual against whom such an execution has been issued; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) No person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section unless and until:
(1) Such person has notified the individual against whom the execution has issued by certified mail of his intention to pay such execution and unless and until 60 days have elapsed since the giving of such notice; or
(2) In the event that such notice by certified mail is returned undelivered, such person shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the general execution docket of the superior court. Such person shall be required to show proof to the tax official who issued the execution that such notice was advertised in compliance with this paragraph."
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 Baldwin Barnes

Brannon Broun Burton

Clay Coleman Collins

MONDAY, MARCH 6, 1989

1645

Coverdell Dawkins Deal Echols
J5dgf. , Eu-nnggrltlasmh RT puller Garner Gillis Hammill

Harris Howard Huggins Johnson
Kennedy K,M,icd,Kd.enzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd
Ray SS,,,hcoutmt aok,fe2nd Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen Dean

Land Langford Scott of 36th

Starr Stumbaugh Tate

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

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

HB 634. By Representatives Steele of the 97th, Watts of the 41st, Adams of the 79th and others:
A bill to amend Code Section 16-12-160 of the Official Code of Georgia Anno tated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, so as to provide for a definition.
Senate Sponsor: Senator Collins of the 17th.

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 Brannon Broun Burton
Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill
Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

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

1646

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Bowen

Langford

Tate

Scott of 36th

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

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

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

Mr. President:

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

HB 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limitedaccess roads which are constructed in whole or as a part of a tollway project.

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 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person nel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.

The Speaker has appointed on the part of the House, Representatives Mangum of the 57th, Moore of the 139th and Smith of the 156th.

The House adheres to its position in insisting on its amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.

The Speaker has appointed on the part of the House, Representatives Patten of the 149th, Robinson of the 96th and Lawson of the 9th.

MONDAY, MARCH 6, 1989

1647

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

HB 182. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of in surance, so as to require property and casualty insurers to engage the services of a qualified independent loss reserve specialist under certain circumstances.
Senate Sponsor: Senator Stumbaugh of the 55th.

The Senate Committee on Insurance offered the following substitute to HB 182:

A BILL
To be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization for general requirements for transaction of insurance, so as to provide for a definition; to require certain property and casualty insurers to engage qualified independent loss reserve specialists; to provide for the duties of such specialists; to provide for reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization for general requirements for the transaction of insurance, is amended by ad ding, following Code Section 33-3-21.1, a new Code Section 33-3-21.2 to read as follows:
"33-3-21.2. (a) As used in this Code section, the term 'qualified independent loss reserve specialist' means a person who is not an employee, principal, director, or indirect owner of the insurer and either is a member of the casualty actuarial society or possesses such other experience acceptable to the Commissioner to assure a professional opinion on the adequacy of the loss and loss adjustment expense reserves of the insurer.
(b) Every property and casualty insurer required to file an annual report with the Com missioner which has not filed a statement of opinion relating to loss and loss adjustment expense reserves in connection with its last annual statement on file with the department shall engage, whenever the insurer's loss and loss adjustment expense reserves are outside the standard or average range as designated by the Commissioner and based upon reliable and credible current information, a qualified independent loss reserve specialist to analyze the adequacy of such reserves and file a report with the Commissioner on a date to be specified by the Commissioner."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Broun Burton Clay

Coleman Collins Dawkins Deal Dean

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JOURNAL OF THE SENATE

Echols Edge English Engrain Fincher Foster Fuller Garner Gillis Hammill Harris Howard

Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Perry Phillips Pollard

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

Those not voting were Senators:

Coverdell McKenzie

Peevy Tate

Timmons

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 466. By Representatives Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a de fendant on the defendant's personal recognizance pending the defendant's sur rendering voluntarily on a fixed date at a designated correctional institution op erated by or under the jurisdiction and supervision of the Department of Corrections.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 466:

A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a defendant pend ing the defendant's surrendering voluntarily on a fixed date at a designated county jail or a correctional institution operated by or under the jurisdiction and supervision of the Depart ment of Corrections; to provide that the defendant may be released on bond or on the de fendant's personal recognizance; to provide for supervision by probation officers; to provide for eligibility and criteria for participation in the voluntary surrender program; to provide that the sentencing judge shall be the sole and final arbiter concerning eligibility and the defendant shall have no right to appeal such decision; to provide that the defendant shall be responsible for all subsistence and travel expenses connected with surrendering voluntarily to a designated county jail or correctional institution on a date fixed by the court or the Department of Corrections; to provide for the running of sentences; to provide that a de fendant who fails to surrender voluntarily as directed and required may be charged with certain criminal offenses or be cited for contempt of court; to authorize the Department of Corrections to promulgate rules and regulations to implement the voluntary surrender pro gram; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 6, 1989

1649

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, is amended by adding a new Code section immediately following Code Section 17-10-9, to be designated Code Section 17-10-9.1, to read as follows:
"17-10-9.1. (a) When a defendant who pleads nolo contendere or guilty or is convicted of an offense against the laws of this state other than those offenses which are bailable only before a judge of a superior court is sentenced to a term of confinement in a county jail or a correctional institution operated by or under the jurisdiction and supervision of the Depart ment of Corrections, the sentencing judge may release the defendant pending the defend ant's surrendering to a county jail or to a correctional institution designated by the Depart ment of Corrections as authorized in this Code section. The sentencing court may release the defendant on bond or may release the defendant on the defendant's personal recogni zance. This Code section shall not be construed to limit the court's authority in prescribing conditions of probation.
(b) Any defendant who has been released on bond and who has complied with all of the conditions of the bond and any other defendant who, in the opinion of the sentencing judge, is deemed worthy of the procedure to surrender voluntarily, may be eligible to participate in the program. However, the sentencing judge shall be the sole and final arbiter concerning eligibility and the defendant shall have no right to appeal such decision.
(c) When a defendant submits a request to the sentencing judge to be allowed to sur render voluntarily to a county jail or a correctional facility, the judge may consider the request and if, taking into the consideration the crime for which the defendant is being sentenced, the history of the defendant, and any other factors which may aid in the deci sion, the judge determines that the granting of the request will pose no threat to society, the defendant shall be remanded to the supervision of a probation officer by the judge and ordered to surrender voluntarily to a county jail designated by the court or to a correctional institution as thereafter designated by the Department of Corrections. The surrender date shall be a date thereafter specified as provided in subsection (d) of this Code section. The sentence of any defendant who is released pursuant to this Code section shall not begin to run until such person surrenders to the facility designated by the court or by the depart ment, provided that such person will receive credit toward his sentence for time spent in confinement awaiting trial as provided in Code Section 17-10-11.
(d) In the event the defendant is ordered to surrender voluntarily to a county jail, the court shall designate the date on which the defendant shall surrender. When the sentencing judge issues an order requiring a defendant to surrender voluntarily to a correctional insti tution, the Department of Corrections shall authorize the commitment and designate the correctional institution to which the defendant shall report and the date on which the de fendant is to report. Upon such designation, the department shall notify the supervising probation officer who shall notify the defendant accordingly. Subsistence and transportation expenses en route to the correctional institution shall be borne by the defendant.
(e) The provisions of this Code section shall not apply to any defendant convicted of a capital felony.
(f) If the defendant fails to surrender voluntarily as directed and required, the defend ant may be charged with the offense of bail jumping pursuant to subsection (a) of Code Section 16-10-51 or the offense of escape pursuant to paragraph (3) of subsection (a) of Code Section 16-10-52 and, if convicted of such crimes, shall be punished as provided by law; or may be cited for contempt of court by the sentencing judge and, if convicted of contempt, the defendant shall be punished as provided in Code Section 15-6-8.
(g) The Department of Corrections is authorized and directed to promulgate such rules and regulations as may be necessary to effectuate the purposes of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

1650

JOURNAL OF THE SENATE

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Broun Dawkins Deal

Fincher Foster Fuller Garner Howard Johnson

Kidd Langford Peevy Starr Tysinger Walker

Those voting in the negative were Senators:

Albert Barker Bowen Brannon Burton Clay Coleman Collins Coverdell Dean Echols Edge

English Engram Gillis Hammill Harris Huggins Kennedy Land McKenzie Newbill Olmstead Parker

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Taylor Timmons Turner

Not voting were Senators Stumbaugh and Tate.

On the passage of the bill, the yeas were 18, nays 36.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Deal of the 49th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 466.

Pursuant to Senate Rule 177, Senator Pierre Howard of the 42nd requested that the following be included in today's Journal:

The State Senate Atlanta

Re: HB 466

Mar. 6, 1989

Mr. President,

Please let the Senate Journal reflect that on the passage of HB 466, I voted in the affirmative by error. I was off the floor until only a few seconds were left on the clock and thought that the Senate was voting on HB 154 regarding building codes. I intended to vote in the negative.

Sincerely,

/s/ Pierre Howard

MONDAY, MARCH 6, 1989

1651

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 154. By Representatives Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions re lating to state minimum standard codes; to change the definition of the term "state minimum standard codes".
Senate Sponsor: Senator Dawkins of the 45th.
The Senate Committee on Industry and Labor offered the following substitute to HB 154:
A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions relat ing to state minimum standard codes; to change the definition of the term "state minimum standard codes"; to change certain provisions relating to the adoption and continuation of state minimum standard codes; to provide for the enforcement of appendices of state mini mum standard codes under certain circumstances; to delete certain provisions relating to the adoption and continuation of the Georgia State Energy Code for Buildings; to change the provisions relating to the amendment and revision of codes generally; to provide for the adoption of new editions of state minimum standard codes; to change the composition of the advisory committee; to provide for the appointment of subcommittees; to provide for the appeal of certain actions of the advisory committee to the Board of Community Affairs; to provide that certain state minimum standard codes shall have state-wide application; to provide that municipalities and counties are authorized to enforce such state minimum standard codes with state-wide application; to provide that other state minimum standard codes shall be applicable and may be enforced upon adoption by a municipality or county; to provide procedures for the amendment of state minimum standard codes; to change the provisions relating to the enforcement of state minimum standard codes; to delete certain provisions relating to state inspectors; to provide for training programs conducted by the Department of Community Affairs; to prohibit certain actions by local inspectors; to delete certain provisions relating to local licensing authorities; to require that municipalities and counties only adopt or enforce certain state minimum standard codes on and after a certain date; to change the provisions relating to the effect and applicability of state minimum stan dard codes; to except manufactured homes from certain provisions of law; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, is amended by striking in its entirety paragraph (9) of Code Section 8-2-20, relating to definitions with respect to state building, plumbing, electrical, etc. codes, which reads as follows:
"(9) 'State minimum standard codes' means the following codes:
(A) Georgia State Housing Code;
(B) Georgia State Building Code;
(C) Georgia State Plumbing Code;
(D) Georgia State Air Conditioning and Heating Code;
(E) Georgia State Electrical Code; and
(F) Georgia State Gas Code.

1652

JOURNAL OF THE SENATE

The term 'state minimum standard codes' shall specifically not include the Georgia State Energy Code for Buildings.",
and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) (A) (i) Prior to October 1, 1991, 'state minimum standard codes' means the follow ing codes:
(I) Georgia State Housing Code;
(II) Georgia State Building Code;
(III) Georgia State Plumbing Code;
(IV) Georgia State Air Conditioning and Heating Code;
(V) Georgia State Electrical Code; and
(VI) Georgia State Gas Code.
(ii) The term 'state minimum standard codes' shall specifically not include the Georgia State Energy Code for Buildings.
(B) (i) On and after October 1, 1991, 'state minimum standard codes' means the follow ing codes:
(I) Standard Building Code (SBCCI);
(II) National Electrical Code as published by the National Fire Protection Association;
(III) Standard Gas Code (SBCCI);
(IV) Standard Mechanical Code (SBCCI);
(V) With respect to all one-family and two-family houses, the Standard Plumbing Code (SBCCI);
(VI) With respect to all buildings other than one-family and two-family houses as pro vided in subdivision (V) of this division, the Georgia State Plumbing Code;
(VII) Georgia State Energy Code for Buildings as adopted by the State Building Ad ministrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on September 30, 1991;
(VIII) Standard Housing Code (SBCCI);
(I)) Standard Amusement Device Code (SBCCI);
()) Excavation and Grading Code (SBCCI);
()I) Standard Existing Buildings Code (SBCCI);
()II) Standard Fire Prevention Code (SBCCI);
()III) Standard Swimming Pool Code (SBCCI); and
()IV) Standard Unsafe Building Abatement Code (SBCCI).
(ii) The codes provided in division (i) of this subparagraph shall mean such codes as they exist on October 1, 1991, provided that the department, with the approval of the board, may adopt a subsequently published edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23.
(C) References to any standard code in this part shall mean one of the standard codes listed in division (i) of subparagraph (A) or division (i) of subparagraph (B) of this paragraph.
(D) The term 'state minimum standard codes' shall specifically not include the Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-213 nor shall any state minimum standard code be less restrictive than the Georgia State Fire Code."

MONDAY, MARCH 6, 1989

1653

Section 2. Said article is further amended by striking in its entirety Code Section 8-221, relating to adoption and continuation of state minimum standard codes, and inserting in lieu thereof a new Code Section 8-2-21 to read as follows:
"8-2-21. (a) The state minimum standard codes, which were prepared and adopted by the State Building Administrative Board pursuant to an Act approved April 21, 1969 (Ga. L. 1969, p. 546), as amended, as such codes exist on June 30, 1989, are adopted and continued in their entirety by the department until October 1, 1991, at which time all of said codes shall be repealed in their entirety, except the Georgia State Plumbing Code which will be continued as it exists on October 1, 1991, to facilitate the provisions of subdivision (9)(B)(i)(VI) of Code Section 8-2-20 and the other provisions of this part. The said Georgia State Plumbing Code may be amended thereafter as provided in subsection (a) of Code Section 8-2-23.
(b) Enforcement of the state minimum standard codes provided for in division (9)(B)(i) of Code Section 8-2-20 shall not include enforcement of appendices to such codes except when:
(1) Any provision of an appendix is specifically referenced in the code text;
(2) An appendix to a code is specifically included in an administrative ordinance adopted by a municipality or county; or
(3) An appendix to a code is specifically adopted by the department with the approval of the board."
Section 3. Said article is further amended by striking in its entirety Code Section 8-222, relating to the adoption and continuation of the Georgia State Energy Code for Build ings, which reads as follows:
"8-2-22. The Georgia State Energy Code for Buildings, which was prepared and adopted by the State Building Administrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on July 1, 1980, is adopted and continued in its entirety by the department. This code shall continue to have state-wide application and shall not require adoption by county and municipal governments before it shall be effective in individual counties and municipalities.",
and inserting in lieu thereof the following:
"8-2-22. Reserved."
Section 4. Said article is further amended by striking in its entirety Code Section 8-223, relating to amendment and revision of codes generally, and inserting in lieu thereof a new Code Section 8-2-23 to read as follows:
"8-2-23. (a) (1) The department, with the approval of the board, may from time to time revise and amend the state minimum standard codes either on its own motion or upon rec ommendation from any citizen, profession, state agency, or political subdivision of the state. Upon approval by a majority of the board, each such amendment, modification, or new pro vision shall be held to be in full force and effect as if it were included in the original adopted code. Prior to the adoption of any proposed amendment, modification, or new provision, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department.
(2) Revisions of or amendments to the Georgia State Energy Code for Buildings shall not become effective without the approval of the Office of Energy Resources. The depart ment shall consult with the Office of Energy Resources during the revision or amendment of such code and shall submit such revisions or amendments to the Office of Energy Resources for approval at least ten days prior to the adoption thereof.
(3) The department shall make copies of amendments to codes available to members of the general public at such price as it deems reasonable to defray the costs of publication and

1654

JOURNAL OF THE SENATE

handling. Notice of amendments to or adoption of a new edition of any state minimum standard code which is applicable state wide shall be provided by the department to the chief elected official and the chief building enforcement official of a municipality or county and to the chief fire official of each fire department certified pursuant to Article 2 of Chap ter 3 of Title 25 at least ten days prior to the effective date of such amendments.
(4) The revision or amendment of any of the state minimum standard codes shall have reasonable and substantial connection with the public health, safety, and general welfare.
(b) (1) The department, with the approval of the board, may adopt a new edition of any state minimum standard code either on its own motion or upon recommendation from any profession, state agency, or political subdivision of this state. Upon approval by a majority of the board, each new code edition shall be held to be in full force and effect as if it was the original adopted code. Prior to the adoption of any new edition of a state minimum stan dard code, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the adoption of rules. Such pub lic hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department.
(2) Notwithstanding the provisions of Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act,' or any other provision of law, the department shall not be required to make available or to distribute any copies of a new edition of a state minimum standard code adopted by the department."
Section 5. Said article is further amended by striking in its entirety Code Section 8-224, relating to the appointment of an advisory committee, and inserting in lieu thereof a new Code Section 8-2-24 to read as follows:
"8-2-24. (a) For the purpose of assisting the department in carrying out the provisions of Code Section 8-2-23, the commissioner shall appoint an advisory committee to be com posed of 21 members as follows:
(1) The Georgia Safety Fire Commissioner or his designee as an ex officio member with full voting privileges;
(2) The commissioner of human resources or his designee as an ex officio member with full voting privileges;
(3) The commissioner of community affairs or his designee as an ex officio member with full voting privileges;
(4) One representative of the home building industry;
(5) One representative of the industrialized building industry;
(6) One representative of the general contracting industry;
(7) One representative of the profession of mechanical engineering;
(8) One representative of the profession of architecture;
(9) One licensed electrical engineer;
(10) One representative of the manufactured homes industry;
(11) One licensed electrical contractor;
(12) One building material dealer;
(13) One licensed plumbing contractor;
(14) One licensed conditioned-air contractor;
(15) One licensed structural engineer;
(16) Four municipal or county code enforcement officials; and
(17) Two local fire officials.

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(b) All appointments to the committee shall be for a term of four years; provided, how ever, that the initial members appointed pursuant to paragraphs (4), (5), (6), (7), (9), (15), (16), and (17) of subsection (a) of this Code section shall be appointed for a term to expire on the same date as the terms of other members. A member shall serve until his successor has been duly appointed. The commissioner shall make appointments to fill the unexpired portion of any term vacated for any reason. In making such appointments, the commissioner shall preserve the composition of the committee as required by this Code section. Any ap pointive member who, during his term, ceases to meet the qualifications for original ap pointment shall thereby forfeit his membership on the committee. The commissioner shall have until August 1, 1989, to appoint the members of the committee. Membership on the committee shall not constitute public office, and no member shall be disqualified from hold ing public office by virtue of his membership. Each member of the committee shall serve without compensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him while attending called meet ings of the committee.
(c) The advisory committee shall be empowered to use subcommittees as it deems nec essary to carry out its duties and responsibilities. Members of such subcommittees shall be knowledgeable of the subject matter with which the subcommittee is concerned and shall be appointed by the commissioner upon the recommendation of the advisory committee. Such subcommittee members shall be reimbursed for travel and other necessary expenses while attending subcommittee meetings in the same manner as that of advisory committee members.
(d) Any amendments, modifications, or new provisions to the state minimum standard codes, when such are prepared, proposed, or recommended by the department, shall, prior to their submission to the board for approval, be submitted to the advisory committee for review and consideration. The department shall not forward any such amendment, modifi cation, or new provision to the board without a favorable recommendation of a majority of the advisory committee.
(e) The advisory committee shall have at least two regular meetings annually and shall meet at other times as determined by the commissioner."
Section 6. Said article is further amended by adding between Code Sections 8-2-24 and 8-2-25 a new Code Section 8-2-24.1 to read as follows:
"8-2-24.1. Notwithstanding the provisions of subsection (d) of Code Section 8-2-24, when any party has proposed an amendment, modification, or new provision to a state mini mum standard code and the same has not received a favorable recommendation by the advi sory committee, the aggrieved party may within 30 days after notification by the depart ment of the advisory committee's action file an appeal with the board. Not more than 60 days after receiving such appeal, the board shall make a determination whether to deny the appeal or to review the proposed amendment, modification, or new provision and make a determination on the same pursuant to Code Section 8-2-23."
Section 7. Said article is further amended by striking in its entirety Code Section 8-225, relating to the adoption and administration of codes by municipalities and counties, which reads as follows:
"8-2-25. (a) The governing authority of any municipality or county in this state is au thorized to adopt the state minimum standard codes.
(b) Any municipality or county which has adopted codes pursuant to charter amend ment, local law, or any statute having general application may continue to operate under such codes.
(c) Any county resolution or municipal ordinance legally enacted under the authority of any charter amendment, local law, or statute having general application shall remain in force and effect until or unless the county or municipality, by affirmative act of the gov erning authority, has adopted the state minimum standard codes provided for in this part.

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(d) All powers and authority granted to municipalities and counties by this part shall be cumulative and shall be in addition to all other powers and authority possessed by mu nicipalities and counties.",
and inserting in lieu thereof a new Code Section 8-2-25 to read as follows:
"8-2-25. (a) On and after October 1, 1991, the state minimum standard codes enumer ated in subdivisions (9)(B)(i)(I) through (9)(B)(i)(VII) of Code Section 8-2-20 shall have state-wide application and shall not require adoption by a municipality or county. The gov erning authority of any municipality or county in this state is authorized to enforce the state minimum standard codes enumerated in this subsection.
(b) The state minimum standard codes enumerated in subdivisions (9)(B)(i)(VIII) through (9)(B)(i)(XIV) of Code Section 8-2-20 shall not be applicable in a jurisdiction until adopted by a municipality or county. The governing authority of any municipality or county in this state is authorized to adopt and enforce the state minimum standard codes enumer ated in this subsection in that subject area which is being regulated by the municipality or county, and a copy of the local ordinance or resolution adopting any such code shall be forwarded to the department in order that such municipality or county may be apprised of subsequent amendments in the state minimum standard code so adopted.
(c) (1) In the event that the governing authority of any municipality or county finds that the state minimum standard codes do not meet its needs, the local government may provide requirements not less stringent than those specified in the state minimum standard codes when such requirements are based on local climatic, geologic, topographic, or public safety factors; provided, however, that there is a determination by the local governing body of a need to amend the requirements of the state minimum standard code based upon a demonstration by the local governing body that local conditions justify such requirements not less stringent than those specified in the state minimum standard codes for the protec tion of life and property. All such proposed amendments shall be submitted by the local governing body to the department 60 days prior to the adoption of such amendment. Con current with the submission of the proposed amendment to the department, the local gov erning body shall submit in writing the legislative findings of the governing body and such other documentation as the local governing body deems helpful in justifying the proposed amendment. The department shall review and comment on a proposed amendment. Such comment shall be in writing and shall be sent to the submitting local government with a recommendation:
(A) That the proposed local amendment should not be adopted, due to the lack of sufficient evidence to show that such proposed local amendment would be as stringent as the state minimum standard codes and the lack of sufficient evidence to show that local climatic, geologic, topographic, or public safety factors require such an amendment;
(B) That the proposed local amendment should be adopted, due to a preponderance of evidence that such proposed local amendment would be as stringent as the state minimum standard codes and a preponderance of evidence that the local climatic, geologic, topo graphic, or public safety factors require such an amendment; or
(C) That the department has no recommendation regarding the adoption or disapproval of the proposed local amendments, due to the lack of sufficient evidence to show that such proposed local amendment would or would not be as stringent as the state minimum stan dard codes and the lack of sufficient evidence to show that local climatic, geologic, topo graphic, or public safety factors require or do not require such an amendment.
(2) The department shall have 60 days after receipt of a proposed local amendment to review the proposed amendment and make a recommendation as set forth in paragraph (1) of this subsection. In the event that the department fails to respond within the time allot ted, the local governing body may adopt the proposed local amendment.
(3) In the event that the department recommends against the adoption of the proposed local amendment, a local governing body shall specifically vote to reject the department's recommendations before any local amendment may be adopted.

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(4) No local amendment shall become effective until the local governing body has caused a copy of the adopted amendment to be filed with the department. A copy of an amendment shall be deemed to have been filed with the department when it has been placed in the United States mail, return receipt requested.
(5) Nothing in this subsection shall be construed so as to require approval by the de partment before a local amendment shall become effective.
(6) The department shall maintain a file of all amendments to the state minimum stan dard codes adopted by the various municipalities and counties in the state, which informa tion shall be made available to the public upon request. The department may charge reason able fees for copies of such information. An index of such amendments shall be included in each new edition of a state minimum standard code.
(d) Except as otherwise provided in subsection (c) of this Code section, building related codes or ordinances dealing with the subjects of historic preservation, high-rise construction, or architectural design standards for which a state minimum standard code does not exist may be adopted by a local jurisdiction following review by the department. The depart ment's review shall be limited to a determination that the proposed code or ordinance is consistent with the approved state minimum standard codes when common elements exist and is not less restrictive than the requirement of said codes. Changes to all other state minimum standard codes shall be approved only pursuant to the provisions of this Code section regarding local amendments."
Section 8. Said article is further amended by striking in its entirety Code Section 8-226, relating to enforcement of codes generally, and inserting in lieu thereof a new Code Section 8-2-26 to read as follows:
"8-2-26. (a) The governing body of any municipality or county adopting any state mini mum standard code shall have the power:
(1) To adopt by ordinance or resolution any reasonable provisions for the enforcement of the state minimum standard codes, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration and enforcement of the requirements of the state minimum standard codes;
(2) To provide for inspection of buildings or similar structures to ensure compliance with the state minimum standard codes;
(3) To employ inspectors, including chief and deputy inspectors, and any other person nel necessary for the proper enforcement of such codes and to provide for the authority, functions, and duties of such inspectors;
(4) To require permits and to fix charges therefor;
(5) To contract with other municipalities or counties adopting any state minimum stan dard code to administer such codes and to provide inspection and enforcement personnel and services necessary to ensure compliance with the codes; and
(6) To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the state minimum standard codes within the boundaries of the other contracting party.
(b) The commissioner shall be authorized to establish a training program for local in spectors whereby a representative of the department, upon the request of the governing authority of a county or municipality, may visit such county or municipality for the purpose of training the inspectors of such county or municipality in the effective enforcement of any state minimum standard code adopted by such county or municipality. The commissioner may from time to time establish regional training programs whereby the inspectors of sev eral different counties and municipalities may take advantage of the training made available by such regional training programs.
(c) No local inspector shall require any person performing work in compliance with a

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state minimum standard code or variations thereto which are in conformity with the provi sions of this part to comply with the standards of any other building code not covered by this part."
Section 9. Said article is further amended by striking in its entirety Code Section 8-228, relating to local licensing authorities, which reads as follows:
"8-2-28. Each municipality and each county adopting the state minimum standard codes as provided by this part are authorized to establish a local licensing authority consist ing of not fewer than three members appointed by the governing body of such municipality or county. Any such local licensing authority shall, unless otherwise provided by law, have the power to examine and license persons engaged in the installation, alteration, and repair of plumbing, air-conditioning and heating, or electrical systems. The local licensing author ity is authorized to adopt such procedures, rules, or regulations as are reasonably necessary to administer locally examinations to and issue licenses to such craftsmen.",
and inserting in lieu thereof a new Code Section 8-2-28 to read as follows:
"8-2-28. On and after October 1, 1991, any municipality or county either enforcing or adopting and enforcing a construction code shall utilize one or more of the state minimum standard codes established pursuant to this part."
Section 10. Said article is further amended by striking in its entirety Code Section 8-231, relating to the effect of Part 2 thereof, and inserting in lieu thereof a new Code Section 8-2-31 to read as follows:
"8-2-31. (a) Nothing in this part shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make in spections, or approve plans in accordance with any other applicable provisions of law.
(b) Nothing in this part shall be construed as repealing or otherwise affecting authoriza tion for historic preservation districts established pursuant to Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act.'
(c) Nothing in this part shall be construed as repealing or otherwise affecting:
(1) Part 6 of this article, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks;
(2) Chapter 11 of Title 34, the 'Boiler and Pressure Vessel Safety Act';
(3) Chapter 3 of Title 30, relating to access to and use of public facilities by physically handicapped persons; or
(4) The Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-2-13.
(d) Standards for the construction of manufactured homes covered under Part 2 of Ar ticle 2 of this chapter shall be governed by the National Manufactured Housing Construc tion and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401, et seq., and nothing in this part is intended to permit the adoption of any other standards for or local regulation of the construction of manufactured homes."
Section 11. This Act shall become effective July 1, 1989.
Section 12. All laws and parts of laws in conflict with this Act are repealed.
Senator Tysinger of the 41st offered the following amendment:
Amend the substitute to HB 154 offered by the Senate Committee on Industry and Labor as follows:
By striking on page 9, line 25, the following:
"representative of the profession of ", and inserting in lieu thereof "licensed",
and

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By striking on page 9, line 26, the word "architecture" and inserting in lieu thereof the word "architect".
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
Senator Baldwin of the 29th offered the following substitute to HB 154:
A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions relat ing to state minimum standard codes; to change the definition of the term "state minimum standard codes"; to change certain provisions relating to the adoption and continuation of state minimum standard codes; to provide for the enforcement of appendices of state mini mum standard codes under certain circumstances; to delete certain provisions relating to the adoption and continuation of the Georgia State Energy Code for Buildings; to provide for the licensing of trades, professions, and businesses covered by certain provisions of law; to change the provisions relating to the amendment and revision of codes generally; to pro vide for the adoption of new editions of state minimum standard codes; to change the com position of the advisory committee; to provide for the appointment of subcommittees; to provide for the appeal of certain actions of the advisory committee to the Board of Commu nity Affairs; to provide that certain state minimum standard codes shall have state-wide application; to provide that municipalities and counties are authorized to enforce such state minimum standard codes with state-wide application; to provide that other state minimum standard codes shall be applicable and may be enforced upon adoption by a municipality or county; to provide procedures for the amendment of state minimum standard codes; to change the provisions relating to the enforcement of state minimum standard codes; to de lete certain provisions relating to state inspectors; to provide for training programs con ducted by the Department of Community Affairs; to prohibit certain actions by local inspec tors; to delete certain provisions relating to local licensing authorities; to require that municipalities and counties only adopt or enforce certain state minimum standard codes on and after a certain date; to change the provisions relating to the effect and applicability of state minimum standard codes; to except manufactured homes from certain provisions of law; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, is amended by striking in its entirety paragraph (9) of Code Section 8-2-20, relating to definitions with respect to state building, plumbing, electrical, etc. codes, which reads as follows:
"(9) 'State minimum standard codes' means the following codes:
(A) Georgia State Housing Code;
(B) Georgia State Building Code;
(C) Georgia State Plumbing Code;
(D) Georgia State Air Conditioning and Heating Code;
(E) Georgia State Electrical Code; and
(F) Georgia State Gas Code.
The term 'state minimum standard codes' shall specifically not include the Georgia State Energy Code for Buildings.",

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and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) (A) (i) Prior to October 1, 1991, 'state minimum standard codes' means the follow ing codes:
(I) Georgia State Housing Code;
(II) Georgia State Building Code;
(III) Georgia State Plumbing Code;
(IV) Georgia State Air Conditioning and Heating Code;
(V) Georgia State Electrical Code; and
(VI) Georgia State Gas Code.
(ii) The term 'state minimum standard codes' shall specifically not include the Georgia State Energy Code for Buildings.
(B) (i) On and after October 1, 1991, 'state minimum standard codes' means the follow ing codes:
(I) Standard Building Code (SBCCI);
(II) National Electrical Code as published by the National Fire Protection Association;
(III) Standard Gas Code (SBCCI);
(IV) Standard Mechanical Code (SBCCI);
(V) Georgia State Plumbing Code or the Standard Plumbing Code (SBCCI);
(VI) Council of American Building Officials One- and Two-Family Dwelling Code, with the exception of Part V--Plumbing (Chapters 20-25) of said code;
(VII) Georgia State Energy Code for Buildings as adopted by the State Building Ad ministrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on September 30, 1991;
(VIII) Standard Housing Code (SBCCI);
(I)) Standard Amusement Device Code (SBCCI);
()) Excavation and Grading Code (SBCCI);
()I) Standard Existing Buildings Code (SBCCI);
()II) Standard Fire Prevention Code (SBCCI);
()III) Standard Swimming Pool Code (SBCCI); and
()IV) Standard Unsafe Building Abatement Code (SBCCI).
(ii) The codes provided in division (i) of this subparagraph shall mean such codes as they exist on October 1, 1991, provided that the department, with the approval of the board, may adopt a subsequently published edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23.
(C) References to any standard code in this part shall mean one of the standard codes listed in division (i) of subparagraph (A) or division (i) of subparagraph (B) of this para graph.
(D) The term 'state minimum standard codes' shall specifically not include the Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-213 nor shall any state minimum standard code be less restrictive than the Georgia State Fire Code."
Section 2. Said article is further amended by striking in its entirety Code Section 8-2-

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21, relating to adoption and continuation of state minimum standard codes, and inserting in lieu thereof a new Code Section 8-2-21 to read as follows:
"8-2-21. (a) The state minimum standard codes, which were prepared and adopted by the State Building Administrative Board pursuant to an Act approved April 21,1969 (Ga. L. 1969, p. 546), as amended, as such codes exist on June 30, 1989, are adopted and continued in their entirety by the department until October 1, 1991, at which time all of said codes shall be repealed in their entirety, except the Georgia State Plumbing Code which will be continued as it exists on October 1, 1991, to facilitate the provisions of subdivision (9)(B)(i)(V) of Code Section 8-2-20 and the other provisions of this part. The said Georgia State Plumbing Code may be amended thereafter as provided in subsection (a) of Code Section 8-2-23.
(b) Enforcement of the state minimum standard codes provided for in division (9)(B)(i) of Code Section 8-2-20 shall not include enforcement of appendices to such codes except when:
(1) Any provision of an appendix is specifically referenced in the code text;
(2) An appendix to a code is specifically included in an administrative ordinance adopted by a municipality or county; or
(3) An appendix to a code is specifically adopted by the department with the approval of the board."
Section 3. Said article is further amended by striking in its entirety Code Section 8-222, relating to the adoption and continuation of the Georgia State Energy Code for Build ings, which reads as follows:
"8-2-22. The Georgia State Energy Code for Buildings, which was prepared and adopted by the State Building Administrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on July 1, 1980, is adopted and continued in its entirety by the department. This code shall continue to have state-wide application and shall not require adoption by county and municipal governments before it shall be effective in individual counties and municipalities.",
and inserting in lieu thereof the following:
"8-2-22. Provisions for licensing trades, professions, and businesses covered by the pro visions of this article shall be as determined by Chapter 14 of Title 43 and the rules and regulations of the State Construction Industry Licensing Board created in such chapter."
Section 4. Said article is further amended by striking in its entirety Code Section 8-223, relating to amendment and revision of codes generally, and inserting in lieu thereof a new Code Section 8-2-23 to read as follows:
"8-2-23. (a) (1) The department, with the approval of the board, may from time to time revise and amend the state minimum standard codes either on its own motion or upon rec ommendation from any citizen, profession, state agency, or political subdivision of the state. Upon approval by a majority of the board, each such amendment, modification, or new pro vision shall be held to be in full force and effect as if it were included in the original adopted code. Prior to the adoption of any proposed amendment, modification, or new provision, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department.
(2) Revisions of or amendments to the Georgia State Energy Code for Buildings shall not become effective without the approval of the Office of Energy Resources. The depart ment shall consult with the Office of Energy Resources during the revision or amendment of such code and shall submit such revisions or amendments to the Office of Energy Resources for approval at least ten days prior to the adoption thereof.
(3) The department shall make copies of amendments to codes available to members of

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the general public at such price as it deems reasonable to defray the costs of publication and handling. Notice of amendments to or adoption of a new edition of any state minimum standard code which is applicable state wide shall be provided by the department to the chief elected official and the chief building enforcement official of a municipality or county and to the chief fire official of each fire department certified pursuant to Article 2 of Chap ter 3 of Title 25 at least ten days prior to the effective date of such amendments.
(4) The revision or amendment of any of the state minimum standard codes shall have reasonable and substantial connection with the public health, safety, and general welfare.
(b) (1) The department, with the approval of the board, may adopt a new edition of any state minimum standard code either on its own motion or upon recommendation from any profession, state agency, or political subdivision of this state. Upon approval by a majority of the board, each new code edition shall be held to be in full force and effect as if it was the original adopted code. Prior to the adoption of any new edition of a state minimum stan dard code, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the adoption of rules. Such pub lic hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department.
(2) Notwithstanding the provisions of Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act,' or any other provision of law, the department shall not be required to make available or to distribute any copies of a new edition of a state minimum standard code adopted by the department."
Section 5. Said article is further amended by striking in its entirety Code Section 8-224, relating to the appointment of an advisory committee, and inserting in lieu thereof a new Code Section 8-2-24 to read as follows:
"8-2-24. (a) For the purpose of assisting the department in carrying out the provisions of Code Section 8-2-23, the commissioner shall appoint an advisory committee to be com posed of 21 members as follows:
(1) The Georgia Safety Fire Commissioner or his designee as an ex officio member with full voting privileges;
(2) The commissioner of human resources or his designee as an ex officio member with full voting privileges;
(3) The commissioner of community affairs or his designee as an ex officio member with full voting privileges;
(4) One representative of the home building industry;
(5) One representative of the industrialized building industry;
(6) One representative of the general contracting industry;
(7) One representative of the profession of mechanical engineering;
(8) One representative of the profession of architecture;
(9) One licensed electrical engineer;
(10) One representative of the manufactured homes industry;
(11) One licensed electrical contractor;
(12) One building material dealer;
(13) One licensed plumbing contractor;
(14) One licensed conditioned-air contractor;
(15) One licensed structural engineer;
(16) Four municipal or county code enforcement officials; and
(17) Two local fire officials.

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(b) All appointments to the committee shall be for a term of four years; provided, how ever, that the initial members appointed pursuant to paragraphs (4), (5), (6), (7), (9), (15), (16), and (17) of subsection (a) of this Code section shall be appointed for a term to expire on the same date as the terms of other members. A member shall serve until his successor has been duly appointed. The commissioner shall make appointments to fill the unexpired portion of any term vacated for any reason. In making such appointments, the commissioner shall preserve the composition of the committee as required by this Code section. Any ap pointive member who, during his term, ceases to meet the qualifications for original ap pointment shall thereby forfeit his membership on the committee. The commissioner shall have until August 1, 1989, to appoint the members of the committee. Membership on the committee shall not constitute public office, and no member shall be disqualified from hold ing public office by virtue of his membership. Each member of the committee shall serve without compensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him while attending called meet ings of the committee.
(c) The advisory committee shall be empowered to use subcommittees as it deems nec essary to carry out its duties and responsibilities. Members of such subcommittees shall be knowledgeable of the subject matter with which the subcommittee is concerned and shall be appointed by the commissioner upon the recommendation of the advisory committee. Such subcommittee members shall be reimbursed for travel and other necessary expenses while attending subcommittee meetings in the same manner as that of advisory committee members.
(d) Any amendments, modifications, or new provisions to the state minimum standard codes, when such are prepared, proposed, or recommended by the department, shall, prior to their submission to the board for approval, be submitted to the advisory committee for review and consideration. The department shall not forward any such amendment, modifi cation, or new provision to the board without a favorable recommendation of a majority of the advisory committee.
(e) The advisory committee shall have at least two regular meetings annually and shall meet at other times as determined by the commissioner."
Section 6. Said article is further amended by adding between Code Sections 8-2-24 and 8-2-25 a new Code Section 8-2-24.1 to read as follows:
"8-2-24.1. Notwithstanding the provisions of subsection (d) of Code Section 8-2-24, when any party has proposed an amendment, modification, or new provision to a state mini mum standard code and the same has not received a favorable recommendation by the advi sory committee, the aggrieved party may within 30 days after notification by the depart ment of the advisory committee's action file an appeal with the board. Not more than 60 days after receiving such appeal, the board shall make a determination whether to deny the appeal or to review the proposed amendment, modification, or new provision and make a determination on the same pursuant to Code Section 8-2-23."
Section 7. Said article is further amended by striking in its entirety Code Section 8-225, relating to the adoption and administration of codes by municipalities and counties, which reads as follows:
"8-2-25. (a) The governing authority of any municipality or county in this state is au thorized to adopt the state minimum standard codes.
(b) Any municipality or county which has adopted codes pursuant to charter amend ment, local law, or any statute having general application may continue to operate under such codes.
(c) Any county resolution or municipal ordinance legally enacted under the authority of any charter amendment, local law, or statute having general application shall remain in force and effect until or unless the county or municipality, by affirmative act of the gov erning authority, has adopted the state minimum standard codes provided for in this part.

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(d) All powers and authority granted to municipalities and counties by this part shall be cumulative and shall be in addition to all other powers and authority possessed by mu nicipalities and counties.",
and inserting in lieu thereof a new Code Section 8-2-25 to read as follows:
"8-2-25. (a) On and after October 1, 1991, the state minimum standard codes enumer ated in subdivisions (9)(B)(i)(I) through (9)(B)(i)(VII) of Code Section 8-2-20 shall have state-wide application and shall not require adoption by a municipality or county. The gov erning authority of any municipality or county in this state is authorized to enforce the state minimum standard codes enumerated in this subsection.
(b) The state minimum standard codes enumerated in subdivisions (9)(B)(i)(VIII) through (9)(B)(i)(XIV) of Code Section 8-2-20 shall not be applicable in a jurisdiction until adopted by a municipality or county. The governing authority of any municipality or county in this state is authorized to adopt and enforce the state minimum standard codes enumer ated in this subsection in that subject area which is being regulated by the municipality or county, and a copy of the local ordinance or resolution adopting any such code shall be forwarded to the department in order that such municipality or county may be apprised of subsequent amendments in the state minimum standard code so adopted.
(c) (1) In the event that the governing authority of any municipality or county finds that the state minimum standard codes do not meet its needs, the local government may provide requirements not less stringent than those specified in the state minimum standard codes when such requirements are based on local climatic, geologic, topographic, or public safety factors; provided, however, that there is a determination by the local governing body of a need to amend the requirements of the state minimum standard code based upon a demonstration by the local governing body that local conditions justify such requirements not less stringent than those specified in the state minimum standard codes for the protec tion of life and property. All such proposed amendments shall be submitted by the local governing body to the department 60 days prior to the adoption of such amendment. Con current with the submission of the proposed amendment to the department, the local gov erning body shall submit in writing the legislative findings of the governing body and such other documentation as the local governing body deems helpful in justifying the proposed amendment. The department shall review and comment on a proposed amendment. Such comment shall be in writing and shall be sent to the submitting local government with a recommendation:
(A) That the proposed local amendment should not be adopted, due to the lack of sufficient evidence to show that such proposed local amendment would be as stringent as the state minimum standard codes and the lack of sufficient evidence to show that local climatic, geologic, topographic, or public safety factors require such an amendment;
(B) That the proposed local amendment should be adopted, due to a preponderance of evidence that such proposed local amendment would be as stringent as the state minimum standard codes and a preponderance of evidence that the local climatic, geologic, topo graphic, or public safety factors require such an amendment; or
(C) That the department has no recommendation regarding the adoption or disapproval of the proposed local amendments, due to the lack of sufficient evidence to show that such proposed local amendment would or would not be as stringent as the state minimum stan dard codes and the lack of sufficient evidence to show that local climatic, geologic, topo graphic, or public safety factors require or do not require such an amendment.
(2) The department shall have 60 days after receipt of a proposed local amendment to review the proposed amendment and make a recommendation as set forth in paragraph (1) of this subsection. In the event that the department fails to respond within the time allot ted, the local governing body may adopt the proposed local amendment.
(3) In the event that the department recommends against the adoption of the proposed local amendment, a local governing body shall specifically vote to reject the department's recommendations before any local amendment may be adopted.

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(4) No local amendment shall become effective until the local governing body has caused a copy of the adopted amendment to be filed with the department. A copy of an amendment shall be deemed to have been filed with the department when it has been placed in the United States mail, return receipt requested.
(5) Nothing in this subsection shall be construed so as to require approval by the de partment before a local amendment shall become effective.
(6) The department shall maintain a file of all amendments to the state minimum stan dard codes adopted by the various municipalities and counties in the state, which informa tion shall be made available to the public upon request. The department may charge reason able fees for copies of such information. An index of such amendments shall be included in each new edition of a state minimum standard code.
(d) Except as otherwise provided in subsection (c) of this Code section, building related codes or ordinances dealing with the subjects of historic preservation, high-rise construction, or architectural design standards for which a state minimum standard code does not exist may be adopted by a local jurisdiction following review by the department. The depart ment's review shall be limited to a determination that the proposed code or ordinance is consistent with the approved state minimum standard codes when common elements exist and is not less restrictive than the requirement of said codes. Changes to all other state minimum standard codes shall be approved only pursuant to the provisions of this Code section regarding local amendments."
Section 8. Said article is further amended by striking in its entirety Code Section 8-226, relating to enforcement of codes generally, and inserting in lieu thereof a new Code Section 8-2-26 to read as follows:
"8-2-26. (a) The governing body of any municipality or county adopting any state mini mum standard code shall have the power:
(1) To adopt by ordinance or resolution any reasonable provisions for the enforcement of the state minimum standard codes, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration and enforcement of the requirements of the state minimum standard codes;
(2) To provide for inspection of buildings or similar structures to ensure compliance with the state minimum standard codes;
(3) To employ inspectors, including chief and deputy inspectors, and any other person nel necessary for the proper enforcement of such codes and to provide for the authority, functions, and duties of such inspectors;
(4) To require permits and to fix charges therefor;
(5) To contract with other municipalities or counties adopting any state minimum stan dard code to administer such codes and to provide inspection and enforcement personnel and services necessary to ensure compliance with the codes; and
(6) To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the state minimum standard codes within the boundaries of the other contracting party.
(b) The commissioner shall be authorized to establish a training program for local in spectors whereby a representative of the department, upon the request of the governing authority of a county or municipality, may visit such county or municipality for the purpose of training the inspectors of such county or municipality in the effective enforcement of any state minimum standard code adopted by such county or municipality. The commissioner may from time to time establish regional training programs whereby the inspectors of sev eral different counties and municipalities may take advantage of the training made available by such regional training programs.
(c) No local inspector shall require any person performing work in compliance with a

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state minimum standard code or variations thereto which are in conformity with the provi sions of this part to comply with the standards of any other building code not covered by this part."
Section 9. Said article is further amended by striking in its entirety Code Section 8-228, relating to local licensing authorities, which reads as follows:
"8-2-28. Each municipality and each county adopting the state minimum standard codes as provided by this part are authorized to establish a local licensing authority consist ing of not fewer than three members appointed by the governing body of such municipality or county. Any such local licensing authority shall, unless otherwise provided by law, have the power to examine and license persons engaged in the installation, alteration, and repair of plumbing, air-conditioning and heating, or electrical systems. The local licensing author ity is authorized to adopt such procedures, rules, or regulations as are reasonably necessary to administer locally examinations to and issue licenses to such craftsmen.",
and inserting in lieu thereof a new Code Section 8-2-28 to read as follows:
"8-2-28. On and after October 1, 1991, any municipality or county either enforcing or adopting and enforcing a construction code shall utilize one or more of the state minimum standard codes established pursuant to this part."
Section 10. Said article is further amended by striking in its entirety Code Section 8-231, relating to the effect of Part 2 thereof, and inserting in lieu thereof a new Code Section 8-2-31 to read as follows:
"8-2-31. (a) Nothing in this part shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make in spections, or approve plans in accordance with any other applicable provisions of law.
(b) Nothing in this part shall be construed as repealing or otherwise affecting authoriza tion for historic preservation districts established pursuant to Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act.'
(c) Nothing in this part shall be construed as repealing or otherwise affecting:
(1) Part 6 of this article, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks;
(2) Chapter 11 of Title 34, the 'Boiler and Pressure Vessel Safety Act';
(3) Chapter 3 of Title 30, relating to access to and use of public facilities by physically handicapped persons; or
(4) The Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-2-13.
(d) Standards for the construction of manufactured homes covered under Part 2 of Ar ticle 2 of this chapter shall be governed by the National Manufactured Housing Construc tion and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401, et seq., and nothing in this part is intended to permit the adoption of any other standards for or local regulation of the construction of manufactured homes."
Section 11. This Act shall become effective July 1, 1989.
Section 12. All laws and parts of laws in conflict with this Act are repealed.
Senator Tysinger of the 41st offered the following amendment:
Amend the substitute to HB 154 offered by Senator Baldwin of the 29th by striking on page 9, lines 32 and 33 in their entirety and inserting in lieu thereof the following:
"(8) One licensed architect;".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

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On the adoption of the substitute to HB 154 offered by the Senate Committee on In dustry and Labor, the yeas were 2, nays 39, and the substitute was lost.

On the adoption of the substitute to HB 154 offered by Senator Baldwin of the 29th, the yeas were 41, nays 0, and the substitute was adopted as amended.

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

HB 470. By Representatives Childers of the 15th, Richardson of the 52nd, Redding of the 50th and others:
A bill to amend Code Section 43-11A-18 of the Official Code of Georgia Anno tated, relating to termination of the Georgia Board of Examiners of Licensed Dietitians, so as to change a date.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

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

Those not voting were Senators:

Allgood

Starr

Tate

Garner

On the passage of the bill, the yeas were 52, nays 0.

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

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The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th: A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person nel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.
Senator Ray of the 19th moved that the Senate adhere to the Senate substitute to HB 375, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 375.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Ray of the 19th, Deal of the 49th and Newbill of the 56th.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 601. By Representative McDonald of the 12th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a handicapped identification card; to provide for definitions; to provide for certain information contained on such card; to provide for application and renewal; to provide for rules and regula tions; to provide for proof of birth date.
Senate Sponsor: Senator Pollard of the 24th.
Senator Pollard of the 24th offered the following substitute to HB 601:
A BILL
To be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a handicapped identification card; to provide for definitions; to provide for certain information contained on such card; to provide for application and renewal; to provide for rules and regulations; to provide for proof of birth date; to provide for an application fee; to provide for an exemption from such fee; to specify certain acts to be misdemeanors; to provide that the Department of Public Safety shall not be required to retain a license which has been suspended, canceled, or re voked; to provide for processing and reinstatement of such licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by inserting at the end thereof a new Article 7 to read as follows:
"ARTICLE 7
40-5-140. As used in this article, the term:
(1) 'Disability' means any physical, mental, or neurological impairment which severely restricts a person's mobility, manual dexterity, or ability to climb stairs; substantial loss of

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sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reason ing capacity.
(2) 'Handicapped identification card' means an identification card issued as provided in this article.
(3) 'Handicapped person* means any person with a permanent or temporary disability.
(4) 'Permanent disability' means any disability which is permanent in nature or which is expected to continue for a period of at least five years.
(5) 'Temporary disability' means any disability which is expected to continue for at least six months but less than five years.
40-5-141. (a) The Department of Public Safety shall issue personal identification cards to handicapped persons who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. The handicapped identification card shall prominently display the international handicapped symbol and, in addition to any other information required by this article, shall contain a recent color photograph of the applicant and the following information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Date identification card expires;
(6) Sex;
(7) Height;
(8) Weight;
(9) Eye color;
(10) Post where the identification card was issued; and
(11) Signature of person identified.
(b) The handicapped identification card shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the applicant's social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section.
40-5-142. (a) The handicapped identification card shall be issued to a person with a permanent disability for a period of four years and shall be renewable on the applicant's birthday in the fourth year following such issuance. Such identification cards shall be issued to persons:
(1) With obvious permanent disabilities without further verification of disability; and
(2) With disabilities which are not obvious upon presentation of the current sworn affi davit of at lease one medical doctor attesting to such permanent disability. A current affida vit shall be presented at each request for renewal.
(b) The handicapped identification card shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one medical doctor attesting to such disability and estimating the duration of such disability. Such identification cards shall be issued for periods of six months. A current affidavit of a medical doctor attesting to the continuance of such disability shall be presented at each request for renewal thereafter.
40-5-143. The face of the handicapped identification card shall prominently bear the words 'URGENT MEDICAL INFORMATION ON REVERSE.' On the reverse side of the

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identification card shall be a space within which the issuer of the card shall enter such medical information as the applicant may request.
40-5-144. The face of the handicapped identification card shall bear the word 'TRANS PORTATION' with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicant's handicap creates mobility limitations which prevent him from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the handi capped identification card shall serve as sufficient proof of the need for special handicap transportation services provided by any entity in this state.
40-5-145. The handicapped identification card shall bear the word 'SEATING' with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicant's handicap creates mobility or health limitations which prevent him from climbing stairs or steep inclines. When so marked, the handicapped identification card shall be sufficient to admit the holder to handicapped seating at public events in this state.
40-5-146. The Board of Public Safety shall promulgate rules and regulations under which this article shall be implemented.
40-5-147. The department shall require an applicant for a handicapped identification card to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
40-5-148. (a) The department shall collect a fee of $5.00 for the handicapped identifica tion card, which fee shall be deposited in the state treasury in the same manner as motor vehicle driver's license fees.
(b) The department shall not be authorized to collect a fee for a handicapped identifi cation card from those persons who meet the qualifications for a veteran's driver's license under the provisions of Code Section 40-5-36.
40-5-149. It is a misdemeanor for any person:
(1) To use a false or fictitious name in any application for a handicapped identification card or knowingly to make a false statement or conceal a material fact or otherwise commit a fraud in any such application;
(2) To display or cause to be displayed or have in his possession any fictitious or fraud ulently altered handicapped identification card;
(3) To lend his handicapped identification card to any other person or knowingly to permit the use thereof by another; and
(4) To display or represent as his own any handicapped identification card not issued to him."
Section 2. Said chapter is further amended by striking Code Section 40-5-61, relating to surrender and return of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-61 to read as follows:
"40-5-61. (a) The department, upon canceling, suspending, or revoking a license, shall require that such license shall be surrendered to the department and be processed in accor dance with the rules and regulations of the Department of Public Safety.
(b) Any person whose license has been canceled, suspended, or revoked shall immedi ately return his license to the department.
(c) It shall be unlawful to refuse to deliver upon a legal demand any driver's license which has been canceled, suspended, or revoked.
(d) When the revocation period expires, the department shall reinstate the license to the driver within 30 days.
(e) For the purpose of making any determination under this Code section relating to

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the return of revoked or suspended licenses to drivers, no period of revocation or suspension shall begin until the license is surrendered to the department or a court of competent juris diction under any provision of this chapter, whichever date shall first occur. If the license is lost, or for any other reason surrender to the department is impossible, the period of revoca tion or suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the department."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended and placed on the Senate General Calendar.
HB 30. By Representative Alien of the 127th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, so as to change the provisions relating to penalties.
Senate Sponsor: Senator Scott of the 2nd.
The Senate Committee on Judiciary offered the following substitute to HB 30:
A BILL
To be entitled an Act to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, so as to change the provisions relating to penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, is amended by striking that Code section 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 $200,000.00;
(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 $300,000.00; 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 $1 million.
(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

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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 state, or has possession of a quantity of marijuana exceeding 50 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 50 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 $100,000.00;
(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 $250,000.00; 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 $1 million.
(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 of fense 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.

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(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 $1 million."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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 Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie

Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Stumbaugh Taylor Timmons Tysinger Walker

Those not voting were Senators:

Garner Peevy

Scott of 36th Starr

Tate Turner

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

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

HB 617. By Representatives Royal of the 144th and Long of the 142nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to certain fees and taxes with respect to insurance, so as to change cer tain provisions relating to the funding of services in unincorporated areas of counties levying tax under such chapter; to change the authorized uses of the proceeds of such taxes.
Senate Sponsor: Senator Ragan of the 10th.

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

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

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie

Voting in the negative was Senator Dawkins.

Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Timmons Turner Walker

Those not voting were Senators:

Garner Scott of 2nd

Stumbaugh Tate

Taylor Tysinger

On the passage of the bill, the yeas were 49, nays 1.

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

HB 587. By Representatives Walker of the 115th, Groover of the 99th and Mangum of the 57th:
A bill to amend Chapter 11 of Title 50 of the Official Code of Georgia Annotated, relating to the State Library and librarian, Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education with respect to library activities, and Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to revise provisions relating to state publications and librarians.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton

Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins

MONDAY, MARCH 6, 1989

1675

Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Coverdell Garner

Tate Taylor

Timmons

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

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

HB 638. By Representatives Hooks of the 116th, Lawson of the 9th, Childers of the 15th and Parham of the 105th:
A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change the provisions regarding payment for services.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Collins Coverdell Dawkins Deal Dean Echols English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

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

Those not voting were Senators:

Clay

Langford

Edge

Tate

Tysinger

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

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

HB 427. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Code Section 45-12-132 of the Official Code of Georgia Anno tated, relating to contracts which are exempt from certain requirements relating to state contracts, so as to provide that contracts approved by the State Board of Technical and Adult Education shall be exempt from such requirements.
Senate Sponsor: Senator Ray of the 19th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Cannon ^roun Burton Clay Coleman Collins
Coverdell
Dawkins
Deal
Dean
Echols Edge

English Engram Fincher Foster Fuller gillis Hammill Harris Howard Johnson Kennedy
Kidd
Land
Langford
McKenzie
Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd R "a>L e 0 A ^co o 2nd Scott of 36th
bhumake
Starr
Stumbaugh
Turner
Tysinger Walker

Those not voting were Senators:

Bowen Garner

Huggins Tate

Taylor Timmons

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

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

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

HB 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limitedaccess roads which are constructed in whole or as a part of a tollway project.

Senator Coleman of the 1st moved that the Senate insist upon the Senate amendment to HB 757.

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On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 757.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereon:
SB 37. By Senators Peevy of the 48th, Dawkins of the 45th, Dean of the 31st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official on the grounds that such official has, while holding any public of fice, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public.
The House substitute to SB 37 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 enact the "Recall Act of 1989"; to provide for the recall of any public official who has, while holding any public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public and if one or more additional grounds for recall exist; to provide a short title; to provide for legislative intent; to define certain terms; to provide for officers subject to recall; to provide for applications for a recall petition; to provide for the time of filing the application and the contents thereof; to provide for application forms; to provide for determination of the legal sufficiency of the application; to provide for judicial review; to provide for notification of a public official named for recall; to provide for distribution of recall petition forms; to provide for the form of recall peti tions; to provide for procedures with respect to recall petitions; to provide for restrictions with respect to recall petitions; to provide for determination of the legal sufficiency of a recall petition; to provide for holding of a special election when an officeholder resigns sub sequent to filing of a recall petition; to provide for the holding of a recall election; to provide for filing of a subsequent recall petition against an official following a recall election or the denial of a recall petition; to provide for the manner of conducting recall elections; to pro vide for campaign and financial disclosure requirements; to provide for the promulgation of rules and regulations by the Secretary of State; to provide for court actions to compel elec tion superintendents to comply with the requirements of law relating to the recall of public officials; to provide for jurisdiction and venue of actions against election superintendents; to provide for determination of eligibility to sign an application for a recall petition or a peti tion for recall; to prohibit certain conduct in connection with signing a recall petition or an affidavit of signature withdrawal; to provide for construction and application of the law re lating to the recall of public officials; to provide for other matters relative thereto; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Chapter 4, relating to elections for recall of public of ficers, and inserting in lieu thereof a new Chapter 4 to read as follows:
"CHAPTER 4
21-4-1. This chapter shall be known and may be cited as the 'Recall Act of 1989.'
21-4-2. The General Assembly finds that the electorate of the state overwhelmingly rati fied an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and exclusive procedures to recall public officials who hold elective office and to repeal all local recall laws and prohibit the future enactment of any local recall laws. In furtherance of the mandate of

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the electorate, by this general law the General Assembly establishes uniform and exclusive procedures relating to the recall of all state and local officials who hold elective office.
21-4-3. As used in this chapter, the term:
(1) 'Elected county school board members' and 'elected county school superintendents' shall be considered county officers.
(2) 'Elected education board members' and 'elected school superintendents' of any inde pendent school system shall be considered municipal officers.
(3) 'Election superintendent' means:
(A) In the case of any elected state officers, the Secretary of State;
(B) In the case of any elected county officers, the county board of elections, if a county has such, or the judge of the probate court, provided that, if such judge of the probate court is the officer sought to be recalled, then the election superintendent shall be the clerk of the superior court; and
(C) In the case of any elected municipal officers, the municipal clerk or municipal board of elections or municipal election superintendent if the municipality has such a board or election officer.
(4) 'Elector' means any person who possesses all of the qualifications for voting now or hereafter prescribed by the laws of this state and who has registered in accordance with Chapter 2 or 3 of this title.
(5) 'Electoral district' means the area in which the electors reside who are qualified to vote for any of the candidates offering for a particular office.
(6) 'Failure to perform prescribed duties' means the willful neglect or failure by an official to perform a duty imposed by statute.
(7) 'Grounds for recall' means:
(A) That the official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public; and
(B) That the official:
(i) Has committed an act or acts of malfeasance while in office;
(ii) Has violated his or her oath of office;
(iii) Has committed an act of misconduct in office; or
(iv) Is guilty of a failure to perform prescribed duties.
Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official.
(8) 'Misconduct in office' means an unlawful act committed willfully by an elected pub lic official or a willful violation of the code of ethics for government service contained in Code Section 45-10-1.
(9) 'Official sponsors' or 'sponsors' means the electors who circulate or file an applica tion for a recall petition who were registered and eligible to vote in the last general or spe cial election for the office held by the officer sought to be recalled and who reside in the electoral district of the officer sought to be recalled.
(10) 'Elective office' means an office filled by the exercise of the franchise of vote by electors as defined in paragraph (4) of this Code Section in a general or special election as defined under the laws of this state.
21-4-4. (a) Every public official who holds elective office, either by election or by ap pointment, is subject to recall from office by electors who are registered and qualified to

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vote in the recall election and who reside in the electoral district from which candidates are elected to that office:
(1) In the case of a state officer whose electoral district encompasses the entire state, the number of electors necessary to petition the recall of the officer shall be equal to at least 15 percent of the number of electors who were registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer. At least one-fifteenth of the number of electors necessary to petition the recall of the officer must reside in each of the United States congressional districts in the state as said congres sional districts may now or hereafter exist; or
(2) In the case of a state officer whose electoral district encompasses only a part of the state or in the case of a local officer, the number of electors necessary to petition the recall of the officer shall be equal to at least 30 percent of the number of electors registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer.
(b) No recall petition shall demand the recall of more than one public official.
(c) Every public official who holds elective office, either by election or by appointment, is subject to recall on the grounds that such public official has, while holding any public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public if one or more additional grounds for recall exist as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3.
21-4-5. (a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector or sponsor as defined in Code Section 21-4-3.
(b) (1) The application shall include:
(A) The name and office of the person sought to be recalled;
(B) The printed names and signatures of the official sponsors, the date signed, residence addresses, and the name of the county of residence;
(C) The designation of one of the sponsors as the petition chairperson who shall re present the sponsors on all matters pertaining to the recall application and petition;
(D) A statement that: __________ (name and office) has, while holding public of fice, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and stating the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 with a brief statement of the fact or facts upon which the ground or grounds are based. Such statement shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and
(E) (i) An affidavit by the petition chairperson and the person circulating such recall application that each person sponsoring or signing such recall application is an elector of the electoral district of the officer sought to be recalled and that the fact or facts upon which the ground or grounds for recall are based are true.
(ii) The affidavit required by division (i) of this subparagraph shall be in the following form:
AFFIDAVIT OF CIRCULATOR AND PETITION CHAIRPERSON
State of Georgia County of ___
Under the penalty of a violation of Code Section 16-10-71 of the Official Code of Geor gia Annotated, relating to false swearing, punishable by a fine not to exceed $1,000.00 or by

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imprisonment of not less than one nor more than five years, or both, we the undersigned do depose and say that each person sponsoring or signing the recall application of_is an elec tor of the electoral district of the officer sought to be recalled and further depose and say that the fact or facts upon which the ground or grounds for recall are based are true.
(Signature of circulator)

(Residence address) (Number and street or route)

(City)

(Signature of petition chairperson)

(Residence address) (Number and street or route)

Subscribed and sworn to before me this -------- day of ____, 19_

(City)

Notary public ------, Georgia

My commission expires on the ____ day of ____, 19_.
(2) Applications shall be issued by the election superintendent who shall assign a num ber to each application. Such number shall appear on the face of each application. The election superintendent shall keep records of applications issued, including the date of issu ance and number assigned.
(3) The official application forms shall be printed by the office of the Secretary of State in substantially the form prescribed in this subsection and distributed to election super intendents.
(c) The number of official sponsors necessary to file an application for a recall petition must be equal in number to at least 100 electors or equal in number to at least 10 percent of the number of electors who were registered to vote at the last preceding general election for any of the candidates offering for the office held by the public official sought to be recalled, whichever is smaller.
(d) Sponsors of a recall petition, before causing the petition to be circulated, shall sub mit the application for the petition to the election superintendent designated in Code Sec tion 21-4-3 and request official recall petition forms.
(e) At any time prior to the date the election superintendent receives the application for a recall petition, an elector who has signed the application as an official sponsor may request withdrawal of his or her signature from the application by executing and filing an affidavit signed and sworn to before a notary public which affirms the elector's intention to withdraw his or her signature from the application. The official affidavit of signature with drawal shall be printed by the office of the Secretary of State and distributed to election

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superintendents. The form of the affidavit shall be substantially as prescribed in Code Sec tion 21-4-9.
(f) (1) No application for a recall petition shall be accepted for verification if more than 15 days have elapsed since the application forms were issued to the sponsors.
(2) On receipt of the application, the election superintendent shall file the application and proceed to determine the legal sufficiency of the application and determine if the sign ers are qualified electors eligible to sign the application. The election superintendent is granted unrestricted authority to examine the registration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such application for the purpose of making such determination. If the election superintendent finds that any signer is not a qualified elector eligible to sign the application, such signature shall not be counted in determining whether the application con tains a sufficient number of signatures as required by law. The nullification of a signature on an application shall not affect the validity of other signatures contained in such application. The election superintendent shall certify the legal sufficiency or insufficiency of the applica tion for a recall petition within five days after receiving the application, excluding Satur days, Sundays, and legal holidays; provided, however, that the judge of the superior court may, upon proper application and good cause shown, grant an additional period of time not to exceed 15 days for the election superintendent to verify the application.
(g) No application for a recall petition shall be amended, supplemented, or returned after it has been filed with the election superintendent for verification.
(h) Upon certifying the legal sufficiency of the application, the election superintendent shall immediately officially file the certification of the application, issue official recall peti tion forms, assign a number to the recall petition, which number shall appear on the face of each petition form, and issue that number to the sponsors. A record of each application, including the date of its receipt and the number assigned and issued to the sponsors, shall be maintained by the election superintendent.
(i) The election superintendent shall immediately notify in writing the public officer named for recall in the application that a recall petition has been officially issued for circulation.
(j) The official recall petition forms shall be printed by the office of the Secretary of State and distributed to election superintendents. The form of the petition shall be as pro vided in Code Section 21-4-7.
21-4-6. (a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are based as set forth in such recall application.
(b) The superior court having jurisdiction of a sufficiency review case governed by this Code section shall be presided over by the judge of the superior court in the judicial circuit or circuits adjoining the judicial circuit or circuits containing the county in which the peti tion for review is filed who has the most years of service as judge of a superior court but who resides outside of the judicial circuit containing the county in which such petition is filed.
(c) Upon the filing of a sufficiency review petition under this Code section, the clerk of the superior court having jurisdiction shall immediately notify the judge, described in sub section (b) of this Code section, of the institution of proceedings under this chapter; and, if such judge is disqualified or unable to serve, the clerk shall immediately notify the Governor of such fact; and the Governor shall appoint a disinterested judge of superior court or senior judge of superior court, residing outside of the judicial circuit containing the county in which such petition is filed, to serve in the place of such judge. Such judge or senior judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. He shall be reimbursed for his actual expenses for food and

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lodging and he shall receive the same mileage allowance as other state officials and employees.
(d) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and fact or facts upon which such ground or grounds are based as set forth in such recall application and shall not include discovery or evidentiary hearings.
(e) If a ruling of sufficiency is rendered by such judge, then recall proceedings shall continue in the manner provided for in this chapter. If a ruling of insufficiency is rendered by such judge, then a discretionary appeal may be filed in the Supreme Court of Georgia within ten days after the date of such ruling, excluding Saturdays, Sundays, and legal holi days, and such court shall consider such appeal on an expedited basis.
21-4-7. (a) The form of the recall petition shall be substantially as follows:
RECALL PETITION

(Official application no.)

(County or city)
To _______________________ (Name of election superintendent)

(Address)

(City, state, ZIP Code)

We, the electors registered to vote in the recall election herein petitioned, demand the recall of ___________ (Name and office) on the grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and ad versely affects the administration of his or her office and adversely affects the rights and interest of the public and that said official ____________ (State the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 and a brief statement, not to exceed five lines, of the fact or facts upon which such ground or grounds are based.)

Name

Date of Signing

Residence Address

County of
Residence

(Signature)

(Number and street or route)

(Printed name of elector)

(City)

(Ten lines for signatures and printed names)
(b) The following statements shall be written or printed on each petition and each signer must read, or be read, the following statements:
'(1) Any person who gives or receives money or any other thing of value for signing a recall petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor;
(2) If (insert appropriate number) electors sign this petition, there will be an election at which a majority of the electors voting therein will determine whether the above-named official will be removed from office.'

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(c) Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled, a statement that the named official has, while holding public office, conducted himself or herself in a manner which relates to and ad versely affects the administration of his or her office and adversely affects the rights and interests of the public, a statement containing the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3, and a brief state ment of the fact or facts upon which such ground or grounds are based. Such statements shall be written or printed on each petition and each signer must read, or be read, such statements.
21-4-8. (a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. No recall peti tion shall be circulated or signed by any person in any location where alcoholic beverages are sold or served.
(b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition, who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elec tor's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition.
(c) If an elector is incapable of signing his or her own name, he or she may specifically request the circulator of the petition to sign and print his or her name and complete the information required on the petition sheet to accompany the signature; provided, however, that the circulator shall also sign his or her full name beside the printed name of such elector.
(d) The person before whom the electors signed the recall petition shall verify, in an affidavit subscribed and sworn to by him or her before a notary public, that each of the names on the petition form was signed in his or her presence on the date indicated and that in his or her belief each signer was an elector of the electoral district of the officer sought to be recalled.
(e) The affidavit printed on the reverse side of each recall petition form shall be in the following form:
AFFIDAVIT OF CIRCULATOR
State of Georgia County of ______
Under the penalty of a violation of Code Section 16-10-71 of the Official Code of Geor gia Annotated, relating to false swearing, punishable by a fine not to exceed $1,000.00 or by imprisonment of not less than one nor more than five years, or both, I do depose and say that I am an elector registered to vote in the recall election herein petitioned for and that each petitioner signed or caused to be signed the foregoing petition in my presence on the date indicated; and I believe that each signer's name and residence address are correctly stated, and that each signer is an elector of the electoral district in which such recall elec tion will be conducted, and that each signer has read, or was read, the required statements which are also set out on each petition.
(Signature of affiant) __________________________

(Residence address) _____

(Number and street or route)

(City)

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Subscribed and sworn to before me this _____ day of ___, IB-

Notary public ------, Georgia

My commission expires on the -------- day of --------, 19_
(f) An elector may change the way his or her signature and residence address appear on the recall petition at any time prior to the filing of the petition for verification by striking through his or her name and initialing the strike-through and re-signing the petition with his or her printed name and corrected accordingly.
21-4-9. (a) At any time prior to the date an application for recall petition or a recall petition is filed for verification, an elector who has signed the application or the recall peti tion form may request withdrawal of his or her signature from the application or recall petition by executing and filing an affidavit, in the form prescribed by this Code section, with the election superintendent. Any signature so withdrawn shall not be counted in deter mining the legal sufficiency of the application or recall petition. The affidavit shall:
(1) Be signed and sworn to before a notary public;
(2) State the elector's residence address, giving number and street or route and city, the name of the county of residence, and, in the case of a recall application or petition, the number of the recall application or petition which he or she signed; and
(3) Affirm the elector's intention to withdraw his or her signature from the application or recall petition.
(b) The affidavit shall be substantially in the following form:
AFFIDAVIT OF SIGNATURE WITHDRAWAL
State of Georgia County of ----------
I, ___________, (Name as it appears on the application or recall petition) being first duly sworn, say that I am an elector of the ---------------------- (electoral district) in which the recall election will be conducted.

That my residence address is ____

______________

(Number and street or route)

(City)

That I signed or caused to be signed the application or the petition for the recall of (Name and office of person sought to be recalled) and that the recall
application or petition has been assigned number .

That is is my intention by the signing and filing of this affidavit to withdraw my signa ture therefrom.

Subscribed and sworn to before me this ---------- day of ___, 19_.
My commission expires on the ____ day of ____, 19_.

Signature of elector
Notary public ___, Georgia

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21-4-10. No registration officer or other person authorized by law to register electors and no person other than an elector of the electoral district of the officer sought to be recal led shall circulate a recall application or petition. No employee of the state shall circulate a recall application or petition. All signatures obtained by any such unqualified person shall be void and shall not be counted in determining the legal sufficiency of the petition.
21-4-11. (a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been filed with him or her; pro vided, however, that in cases where more than one recall petition is subject to review for verification, the election superintendent shall be responsible for determining the legal suffi ciency of any recall petition within 45 days after it has been filed with him or her. The election superintendent or a designee is granted unrestricted authority to examine the regis tration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such recall petition for the purpose of determining if the signers are qualified electors eligible to sign the recall petition. If the election superintendent shall not be reasonably able to ascertain that any signature is that of a qualified elector eligible to sign the recall petition, such signature shall not be counted in determining whether the petition contains a sufficient number of signatures as required by law. The nullification of a signature on any sheet of the recall petition shall not affect the validity of other signatures contained on such sheet.
(b) A recall petition shall not be accepted for verification for:
(1) Any state-wide office if more than 90 days have elapsed since the date the official recall petition forms were issued to the sponsors;
(2) Any officer holding an office other than state-wide office and for whom not less than 5,000 signatures are required for the recall petition under paragraph (2) of subsection (a) of Code Section 21-4-4 if more than 45 days have elapsed since the date the official recall petition forms were issued to the sponsor; or
(3) Any officer holding an office other than a state-wide office and for whom less than 5,000 signatures are required under paragraph (2) of subsection (a) of Code Section 21-4-4 if more than 30 days have elapsed since the date the official recall petition forms were issued to the sponsors.
(c) No recall petition shall be amended, supplemented, or returned after it has been filed with the election superintendent for verification.
(d) Within five days, excluding Saturdays, Sundays, and legal holidays, after the elec tion superintendent has certified the legal sufficiency of a petition, he or she shall immedi ately notify the Governor or the appropriate official, who shall call the recall election as provided in Code Section 21-4-13.
(e) Upon certifying the legal sufficiency or insufficiency of a recall petition, the election superintendent shall immediately notify the petition chairman and the officeholder in writ ing of the results and officially file the certification of the petition.
21-4-12. If an officeholder resigns prior to the holding of a recall election no recall elec tion shall be conducted.
21-4-13. (a) Within ten days after having received certification of the sufficiency of the recall petition by the election superintendent, a recall election shall be called and published, as provided in this Code section, and shall be conducted not less than 30 days nor more than 45 days after such call; provided, however, that, if a primary or general election is to be held not less than 30 days nor more than 45 days after such call is issued, the recall election shall be conducted on that date.

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(b) A recall election shall be called:

(1) By the Governor, if for a state officer;

(2) By the election superintendent of the county, if for a county officer; or

(3) By the election superintendent of the municipality, if for a municipal officer.

(c) If a recall petition is against an officer who is directed by this Code section to call the election, it shall be called:

(1) By the Secretary of State, if for the Governor; or

(2) By the clerk of the superior court, if for the judge of the probate court and such judge serves as the election superintendent of the county.

(d) The official call for such election shall be published one time as follows:

(1) In a newspaper of general circulation in the electoral district, if such election is for a state officer;

(2) In the official organ of the county, if such election is for a county officer; or

(3) In the official gazette of the municipality, if such election is for a municipal officer.

(e) It shall be the duty of the appropriate official authorized by law to conduct elections to hold and conduct the recall election and to declare and certify the results; provided, however, that if the person sought to be recalled is the official authorized by law to conduct elections, the clerk of the superior court of the county in which such recall election is to be held shall hold and conduct the recall election and declare and certify the results. The ballot for the recall election shall state the name and office of the person whose recall has been petitioned, and the ballot shall be in the form prescribed by law for state, county, or munici pal officers. The ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall (name of office holder), (name of office), be recalled and removed from public office on the grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and on the grounds(s) that such official ------------------ (State the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3.)?'

If more than one public officer is subject to a recall election in the same precinct, the elec tion superintendent may prepare a recall ballot so as to include on a single ballot separate recall questions for each of the officers sought to be recalled.

(f) Those persons desiring to vote in favor of recall shall vote 'Yes,' and those persons desiring to vote against recall shall vote 'No.' If more than one-half of the votes cast on such question are in favor of recall, the public office in question shall immediately become va cant. Otherwise, the public official named in the recall petition shall continue in office.

(g) A special election shall be called by the appropriate state or local official to fill a vacancy created by recall. The special election shall be called within ten days after the date of the recall election and shall be conducted at least 30 days but not more than 45 days following the call. If no official is specifically designated by law or if the appropriate official has been recalled, the Governor shall issue the call for a special election to fill the vacancy created by recall. Any person who has been recalled from office under this chapter shall be eligible to offer for election to fill the vacancy created by recall.

21-4-14. (a) After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions against that officer outstanding on the date of the recall election shall be void.

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(b) If the election superintendent finds that a recall petition is insufficient and fails to verify the same, no further application for a recall petition shall be filed against the same officer until at least six months have elapsed from the date of the denial of such recall petition; provided, however, that such finding of insufficiency shall not bar the verification of any other recall petition against that officer which is available for signature or pending verification at the time of such finding of insufficiency.
21-4-15. The powers, duties, and penalties conferred or imposed by law upon public officials who conduct special elections are conferred and imposed upon public officials con ducting recall elections. All such elections shall be conducted in the same manner as special elections and in accordance with Chapters 2 and 3 of this title.
21-4-16. Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the 'Ethics in Government Act,' in the same manner as candidates; and the petition chairperson shall file the reports required to be filed under said chapter and shall be subject to the same restrictions, qualifications, and provisions con tained in such chapter.
21-4-17. The Secretary of State is authorized to promulgate such rules and regulations as are necessary to carry out this chapter.
21-4-18. (a) If the election superintendent fails to comply with this chapter, any elector may apply, within ten days after such refusal, to the superior court for a writ of mandamus to compel the election superintendent to perform his or her official duties. If the court finds that the election superintendent has not complied with this chapter, the court shall issue an order for the election superintendent to comply.
(b) An action against an election superintendent shall be filed in the superior court of the county of such election superintendent, except that an action against the Secretary of State shall be filed in the Superior Court of Fulton County.
21-4-19. An elector's eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector.
21-4-20. (a) Any person who gives or receives money or any other thing of value for signing a recall application or petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor.
(b) A person who, by menace or threat either directly or indirectly, induces or compels or attempts to induce or compel any other person to sign or subscribe or to refrain from signing or subscribing that person's name to a recall application or petition or, after signing or subscribing that person's name, to have that person's name taken therefrom shall be guilty of a misdemeanor.
(c) A person who signs any name other than his or her own to a recall application or petition, except in a circumstance where he or she signs for a person in the presence of and at the specific request of such person who is incapable of signing that person's own name, or who knowingly signs his or her name more than once for the same recall application or petition or who knowingly is not at the time of signing a qualified elector of the electoral district of the officer sought to be recalled shall be guilty of a misdemeanor.
21-4-21. This chapter is supplementary to any other methods provided by general law for removing a public official from office; and nothing in this chapter shall be construed as abridging or repealing such laws."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to every public official who holds elective office on or after the effective date of this Act and shall be applicable to the acts or omissions to act of such public officials which occur on or after the effective date of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Peevy of the 48th moved that the Senate agree to the House substitute to SB 37 as amended by the following amendment:

Amend the House substitute to SB 37 by striking the words "prescribed duties" on line 3 of page 4 and inserting in lieu thereof the following:
"duties prescribed by law".
By striking the word "or" on line 19 of page 4.
By striking the words and symbol "prescribed duties." on line 21 of page 4 and in serting in lieu thereof the following:
"duties prescribed by law; or
(v) Has willfully misused, converted, or misappropriated, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed."
By striking all matter on lines 22 through 27 of page 12 and inserting in lieu thereof the following:
"(d) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and the legal sufficiency of the alleged fact or facts upon which such ground or grounds are based as set forth in such recall application; and the review of such alleged fact or facts shall be only for the determination of the legal sufficiency of such al leged fact or facts as to form and not as to truth and shall not include discovery or eviden tiary hearings."
By striking all matter on lines 28 through 30 of page 25 and inserting in lieu thereof the following:
"effective date of this Act. The provisions of this Act shall apply with respect to an incumbent public official where the act or omission constituting grounds for recall, as speci fied in subparagraph (B) of paragraph (7) of Code Section 21-4-3, occurred in a previous term of office but was withheld from public knowledge or public disclosure until subsequent to the general election at which the incumbent was last elected, provided that an application for a recall petition is filed within 12 months after such general election."

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun BCC,,,loualryetomnan Collins Coverdell Dawkins Deal Dean Echols Edge Engram

Fincher Foster Fuller Garner Gillis Hammill Harris JH,,Houohgwngsam.ordns Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of loth Ragan of 32nd R ?S0,,"c>o.t".t o,ff,f 032,,,,n6dt,h, Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

MONDAY, MARCH 6, 1989

1689

Those not voting were Senators:

Albert

English

Tate

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute as amended by the Senate.

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

HB 166. By Representative Birdsong of the 104th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools so as to prohibit the up braiding, insulting, or abusing of any public school teacher or public school bus driver upon the premises of any public school in the presence and hearing of a pupil thereof.
Senate Sponsor: Senator Ray of the 19th.

The Senate Committee on Education offered the following substitute to HB 166:

A BILL
To be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to prohibit the upbraiding, insulting, or abusing of any public school teacher, public school administrator, or public school bus driver in the presence and hearing of a pupil while on the premises of any public school or school bus; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by adding at the end thereof a new Code Section 20-2-1182 to read as follows:
"20-2-1182. Any parent, guardian, or person other than a student at the public school in question who has been advised that minor children are present and who continues to up braid, insult, or abuse any public school teacher, public school administrator, or public school bus driver in the presence and hearing of a pupil while on the premises of any public school or public school bus may be ordered by any of the above-designated school personnel to leave the school premises or school bus, and upon failure to do so such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Shumake of the 39th offered the following amendment:

Amend the substitute to HB 166 offered by the Senate Committee on Education by deleting lines 7 and 8 on page 1 and inserting in lieu thereof the following:
"public school or school bus; to prohibit pupils from disrupting classes by carrying elec tronic communication devices while in school; to provide for exceptions; to provide penal ties; to repeal conflicting laws; and for other purposes."
By inserting before line 1 on page 2 the following:
"Section 2. Said article is further amended by adding at the end thereof a new Code Section 20-2-1183 to read as follows:
'20-2-1183. (a) No area, county, or independent board of education shall permit any

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pupil to carry a pocket paper or electronic communication device in school except for health or other unusual reasons approved by the board of education.
(b) Any student found in violation of the provisions of this Code section shall be subject to in-school suspension, suspension, or expulsion.' "
By redesignating Section 2 on line 1 of page 2 as Section 3.
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.
The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended and placed on the Senate General Calendar.
HB 105. By Representative Murphy of the 18th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, so as to authorize attorneys to establish interest-bearing trust accounts for clients' funds from which proceeds are donated to government operated or government sponsored indigent defense plans or programs; to authorize financial institutions to main tain the accounts and to remit the interest payments.
Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Judiciary offered the following substitute to HB 105:
A BILL
To be entitled an Act to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, so as to authorize attorneys to establish interest-bearing trust accounts for clients' funds from which interest proceeds are donated to government operated or government sponsored indigent defense plans or programs; to require financial institutions to make available and maintain such accounts and to remit the interest payments; to limit the liability of financial institutions; to provide for procedures; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, is amended by adding a new Code Sec tion 15-19-18, immediately following Code Section 15-19-17, to read as follows:
"15-19-18. (a) For the purpose of funding any government operated or government sponsored indigent defense plan or program, any attorney may, at his sole discretion and with or without notice to his client, elect to create and maintain an interest-bearing trust account for his client's funds which are nominal in amount or to be held for a short period of time, in compliance with the following provisions:
(1) Any attorney electing to deposit client funds in an interest-bearing trust account as authorized by this Code section shall direct the depository institution:
(A) To remit interest or dividends, net of any charges or fees, on the average monthly balance in the account, or as otherwise computed in accordance with an institution's stan dard accounting practice, at least quarterly, to a government operated or government spon sored indigent defense plan or program;
(B) To transmit with each remittance to the remittee a statement showing the name of the attorney or law firm from whom the remittance is sent; and

MONDAY, MARCH 6, 1989

1691

(C) To transmit to the depositing attorney or law firm a report showing the activity to the account since the last report including copies of remittances distributed pursuant to subparagraph (A) of this paragraph;
(2) No earnings from such an account shall be deemed to be the property of or made available to the attorney or law firm making such election;
(3) An interest-bearing trust account may be established with any bank or savings and loan association authorized by federal or state law to do business in Georgia and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Cor poration and any such financial institution which makes interest-bearing accounts available on any other basis shall be required to make interest-bearing accounts available for the purposes described in this Code section. Funds in each interest-bearing trust account shall be subject to withdrawal upon not more than seven days' notice; and
(4) The rate of interest payable on any interest-bearing trust account shall not be less than the rate paid by the depositor institution to regular, nonattorney depositors. Higher rates offered by the institution to customers whose deposits exceed certain time or quantity minima, such as those offered in the form of certificates of deposit, may be obtained by an attorney or law firm on some or all of the deposit funds so long as there is no impairment of the right to withdraw or transfer principal immediately, other than any mandatory early withdrawal penalty not in excess of accrued, but as yet unpaid, interest.
(b) As used in this Code section the term 'indigent defense' refers to the provision of legal services to a defendant who is charged with a criminal offense under the laws of this state and who is unable, without undue hardship, to employ the legal services of an attorney or to defray the necessary expenses of legal representation.
(c) No financial institution shall incur any liability for the misapplication by an indi gent defense plan or program of any amounts remitted pursuant to this Code section, and no financial institution shall incur any liability for making remittances as provided for in this Code section to the remittee designated by the attorney or law firm.
(d) The provisions of this Code section are intended as supplemental to and not as preemptive of the right of attorneys to participate in the existing interest on lawyer trust account program administered by the Georgia Bar Foundation pursuant to the provisions of Standard 65 of Bar Rule 4-102 and Directory Rule 9-102(C) under Rule 3-109 of the Rules and Regulations for the organization and government of the State Bar of Georgia. The pro visions of this Code section are not intended to infringe upon the inherent powers of the Supreme Court to govern the practice of law, including without limitation the legislatively recognized power of the Supreme Court to adopt and enforce Standard 65 of Bar Rule 4-102 and Disciplinary Rule 9-102(A) and (B)."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Turner of the 8th, Gillis of the 20th and Kennedy of the 4th offered the fol lowing amendment:
Amend the substitute to HB 105 offered by the Senate Committee on Judiciary by striking the word "require" from line 7 of page 1 and inserting in lieu thereof the following:
"authorize".
By striking the word "required" from line 34 of page 2 and inserting in lieu thereof the following:
"authorized".
On the adoption of the amendment, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Brannon Broun Burton Coleman Collins Coverdell Dean Echols Edge English Engram

Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Olmstead

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

Those voting in the negative were Senators:

Allgood Barnes Dawkins

Deal Fuller

Scott of 2nd Taylor

Those not voting were Senators:

Clay

Tate

Newbill

Timmons

On the adoption of the amendment offered by Senators Turner of the 8th, Gillis of the 20th and Kennedy of the 4th, the yeas were 45, nays 7, and the amendment was adopted.

Senator Parker of the 15th offered the following amendment:

Amend the substitute to HB 105 offered by the Senate Committee on Judiciary as follows:
On page 1, line 10, following "procedures" add
"to require pro bono legal services for indigent criminal defendants.";
On page 4 between lines 11 and 12 add,
"All persons licensed to practice law in the State of Georgia as of January 1, 1989, and thereafter shall be required to perform a minimum of forty (40) hours of pro bono legal services annually in lieu of participation in the foregoing plan for donation of proceeds from interest bearing trust accounts for client's funds.".

Senator Parker of the 15th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment was withdrawn.

Senator Parker of the 15th offered the following amendment:

Amend the substitute to HB 105 offered by the Senate Committee on Judiciary by inserting after the letter "(a)" on line 19 of page 1, the following:
"All persons licensed to practice law in the State of Georgia as of January 1, 1989 and thereafter shall be required annually to perform a minimum of forty (40) hours of pro bono legal services for indigent criminal defendants. This requirement may be satisfied by partici pating in the plan for funding indigent defense by establishing and maintaining an interestbearing trust account as provided in this Code Section"; and

MONDAY, MARCH 6, 1989

1693

By designating sections (a), (b), (c) and (d) as sections (b), (c), (d) and (e) respectively; and
By adding on page 1, line 10 following "procedures" the following: "to require pro bono legal services for indigent criminal defendants."
On the adoption of the amendment, the yeas were 49, nays 4, and the amendment was adopted.
On the adoption of the substitute, the yeas were 47, nays 2, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Collins Coverdell Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford McKenzie Olmstead

Those voting in the negative were Senators:

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor Timmons Turner Tysinger

Dawkins Johnson

Starr

Those not voting were Senators:

Walker

Clay

Newbill

Tate

On the passage of the bill, the yeas were 49, nays 4.

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

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House:
HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th, Walker of the 115th, Isakson of the 21st and others: A bill to amend the Official Code of Georgia Annotated, so as to provide a frame work to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.
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 resolution and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SR 5. Respectfully submitted,
/s/ Waymond C. Huggins, Chairman Senator, District 53
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 4:18 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

TUESDAY, MARCH 7, 1989

1695

Senate Chamber, Atlanta, Georgia Tuesday, March 7, 1989
Thirty-seventh 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 Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Howard of the 42nd moved that the Senate reconsider its action of March 6 in passing the following bill of the House:
HB 331. By Representative Groover of the 99th: A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of a petition with a court for the according of a program of services to a mentally retarded person, so as to change the criteria for admission to residential facilities for the mentally retarded.
On the motion, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Bowen Brannon Broun Burton Clay Collins Deal Echols

Gillis Howard Huggins Kennedy McKenzie Newbill Olmstead Parker Peevy

Phillips Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Timmons Tysinger

Voting in the negative were Senators Kidd and Shumake.

Those not voting were Senators:

Albert Baldwin Barker Barnes Coleman Coverdell Dawkins Dean Edge

English Engram (excused) Fincher Foster Fuller Garner Hammill Harris Johnson

Land Langford Perry Ragan of 32nd Stumbaugh Tate Taylor Turner Walker

On the motion, the yeas were 27, nays 2; the motion prevailed, and HB 331 was recon sidered and placed at the foot of the Senate Rules Calendar for today.

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JOURNAL OF THE SENATE

Senator Deal of the 49th moved that the Senate reconsider its action of March 6 in defeating the following bill of the House:
HB 466. By Representatives Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a de fendant on the defendant's personal recognizance pending the defendant's sur rendering voluntarily on a fixed date at a designated correctional institution op erated by or under the jurisdiction and supervision of the Department of Corrections.
On the motion, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Bowen Brannon *TM"n BCluaryton
Deal
Echols
Edge
Fuller

Harris Howard Kennedy Kiddf . LMacnKgefonrzdie
Olmstead
Parker
Peevy
Perry

Those voting in the negative were Senators:

Phillips Pollard Ragan of loth Scott of 2nd SQ co,t,t of,. ,,3,,6,t,h
Shumake
Starr
Timmons
Tysinger

Land Newbill

Ragan of 32nd

Those not voting were Senators:

Stumbaugh

Albert Baldwin Barker Barnes Coleman Collins Coverdell
Dawkins

Dean English Engram (excused) Fincher Foster Garner Gillis
Hammill

Huggins Johnson fjav T
Taylor Turner Walker

On the motion, the yeas were 29, nays 4; the motion prevailed, and HB 466 was recon sidered and placed at the foot of the Senate General Calendar.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

TUESDAY, MARCH 7, 1989

1697

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 377. By Senators Newbill of the 56th, Clay of the 37th and Barnes of the 33rd: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide an effective date.
SB 379. By Senators Ragan of the 32nd, Newbill of the 56th, Barnes of the 33rd and others: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to create the position of chief judge of the State Court of Cobb County; to change the compensation of the judges of the State Court of Cobb County; to provide for the power, authority, and functions of the chief judge; to provide for the salary of the chief judge.
SB 139. 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 127. By Senator Shumake of the 39th: A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insur ance institutions, so as to provide that with respect to a personal or family type policy of motor vehicle insurance an insurance institution or agent may not use as the sole basis for an adverse underwriting decision the fact that the applicant has never purchased such a policy.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 171. By Senator Coleman of the 1st: A resolution authorizing the exchange of certain state owned real properties lo cated in Chatham County, Georgia; to provide an effective date.
SR 164. By Senator Garner of the 30th: A resolution authorizing the lease of a certain tract of state owned real property; to provide an effective date.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 198. By Senators English of the 21st and Gillis of the 20th: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the definition of certain terms; to change the provisions relating to qualifications of applicants generally; to require appli-

1698

JOURNAL OF THE SENATE

cants for licensure as apprentice auctioneers or auctioneers to submit bonds; to provide that bonds shall be payable to the commission.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolutions of the Senate:
SR 99. By Senator Foster of the 50th:
A resolution creating the Joint Georgia Military College Study Committee to study the relationship of the State of Georgia to Georgia Military College for the purpose of making recommendations on future policy and funding directions.
SR 92. By Senators Foster of the 50th, Deal of the 49th and Tysinger of the 41st:
A resolution creating the Joint Study Committee on Public School Freedom of Choice.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 202. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act creating the Gwinnett County Recreation Authority, as amended, so as to provide that the authority shall not be authorized to issue certain revenue bonds; to provide that certain moneys, proceeds, grants, contri butions, revenues, income, fees, and earnings shall be applied solely for debt service.
SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.
SB 63. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," so as to remove the responsibility for collecting certain civil support payments from the probation department of the court; to amend Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, so as to remove the provision that probation supervisors may collect funds.
SB 26. By Senator Barnes of the 33rd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority.
SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.

TUESDAY, MARCH 7, 1989

1699

SB 260. By Senator Bowen of the 13th: A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.
SB 140. By Senators Barnes of the 33rd, Dawkins of the 45th, Tysinger of the 41st and others: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors.
SB 225. By Senators English of the 21st, Kennedy of the 4th and Pollard of the 24th: A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in live stock, so as to provide for the licensing and inspection of rendering and disposal plants and collection centers; to provide for definitions; to provide for licensing; to provide for construction and sanitation requirements.
SB 233. By Senator Baldwin of the 29th: A bill to amend Code Section 33-13-3 of the Official Code of Georgia Annotated, relating to acquisition of control of or merger with a domestic insurer, so as to require an acquiring party to file with the Commissioner of Insurance financial statements certified by a certified public accountant as to the earnings and finan cial condition of such party.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate:
SR 54. By Senator Kidd of the 25th: A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.
SR 175. By Senator McKenzie of the 14th: A resolution authorizing the conveyance of certain state owned real property lo cated in Sumter County, Georgia; to provide an effective date.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 99. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 345. By Representatives Alford of the 57th, Dobbs of the 74th, Bailey of the 72nd, Hanner of the 131st, Crawford of the 5th and others: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that the Board of Natural Resources shall adopt rules or regulations relating to certain discharges of pollutants into the waters of this state.

1700

JOURNAL OF THE SENATE

HB 919. By Representatives Pettit of the 19th and Childers of the 15th: A bill to provide for the board of elections of Bartow County.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 405. By Senator Deal of the 49th:
A bill to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Northeastern Judicial Circuit so as to increase the supplements to each judge's salary; to provide for an effective date.
Referred to Committee on Urban and County Affairs.

SB 406. By Senator Deal of the 49th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, as amended, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit; to provide for an effective date.
Referred to Committee on Urban and County Affairs.

SR 236. By Senator Albert of the 23rd: A resolution creating the Senate Protection of Artists Study Committee.
Referred to Committee on Rules.

SR 237. By Senator Edge of the 28th:
A resolution urging that an agricultural priority be given to nurserymen and landscapers during water shortages. Referred to Committee on Rules.

SR 241. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and others:
A resolution creating the Head Injury Treatment and Rehabilitation Study Committee.
Referred to Committee on Rules.

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

Mr. President:

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

HB 55. Do pass.

HR 215. Do not pass.

HB 850. Do pass.

HR 217. Do not pass.

HR 102. Do not pass.

HR 222. Do not pass.

HR 103. Do not pass.

HR 240. Do not pass.

HR 109. Do not pass.

HR 241. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

TUESDAY, MARCH 7, 1989

1701

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 582. Do pass.

HB 836. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 689. Do pass.

HB 833. Do pass.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

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

HB 178. Do pass.

HB 510. Do pass.

HB 314. Do pass.

HB 768. Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SR 206. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

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

HB 875. Do pass by substitute.

HB 972. Do pass by substitute.

HB 966. Do pass.

HB 973. Do pass.

HB 967. Do pass.

HB 976. Do pass.

HB 968. Do pass.

HB 977. Do pass.

HB 969. Do pass.

HB 979. Do pass.

HB 970. Do pass.

HB 980. Do pass.

HB 971. Do pass.

HB 981. Do pass.

1702

JOURNAL OF THE SENATE

HB 982. HB 983. HB 984.

Do pass. Do pass. Do pass.

HB 990. Do pass as amended.
HB 1018. Do pass. Respectfully submitted,
Senator Harris of the 27th District, Chairman

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

SR 206. By Senators Barker of the 18th and Coleman of the 1st:
A resolution creating the Senate Private School and Church Bus Study Committee.

HR 241. By Representative Coleman of the 118th: A resolution compensating Frances and Bob Hancock.

HB 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Jus tices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.

HB 178. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry.

HB 314. By Representatives Dixon of the 151st, Crosby of the 150th, Harris of the 84th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate motor vehicle service contracts and motor vehicle service contract reimbursement insurance policies; to define certain terms; to prohibit the issuance or sale of motor vehicle service contracts unless the pro vider of the service contract is insured under a motor vehicle service contract reimbursement insurance policy.

HB 510. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions affecting insurance, so as to provide for forms of security deposits that shall be acceptable for possession by the Commissioner of Insurance.

HB 582. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd and others:
A bill to amend Code Section 40-2-24 of the Official Code of Georgia Annotated, relating to processing by private persons of applications for registration, so as to change certain requirements regarding the performance bond required of persons processing license applications.

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HB 689. By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions under the "Boiler and Pressure Vessel Safety Act," so as to change provisions relating to an exemption from certain requirements for cer tain pressure vessels used for the storage of liquefied propane gas.
HB 768. By Representative Edwards of the 112th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the State Personnel Board to contract with the Georgia Hazardous Waste Management Authority for the inclusion in the health insurance plan of employ ees and retiring employees of the authority and their spouses and dependent children.
HB 833. By Representative Watson of the 114th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facili ties, so as to change certain provisions relating to prerequisites to blasting or excavating.
HB 836. By Representative Martin of the 26th:
A bill to repeal an Act providing for a board of elections in each county of this state having a population of more than 500,000 according to the 1960 United States decennial census and any future such census; to provide a conditional ef fective date.
HB 850. By Representatives McDonald of the 12th, Oliver of the 121st, Cummings of the 17th, Murphy of the 18th and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to the minimum salary for school bus drivers.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Barker Bowen Brannon Broun B,,,urton Cowman Collins
Dawkins Deal
Echols Edge English Fincher

Foster Gillis Hammill Harris Howard Huggins JTo, hnson,
^ Land
Langford McKenzie
Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd R S0 co,t,t otf 20nd, cott of 36th Shumake
Starr Stumbaugh
Taylor Timmons Turner Tysinger

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Those not answering were Senators:

Baldwin Barnes Coverdell

Dean Engram (excused) Fuller

Garner Tate Walker

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

The following resolutions of the Senate and House were read and adopted:

SR 238. By Senator Barnes of the 33rd:
A resolution relative to the installation and use of the Audio and Visual Motorist Aid Safety System and Crash Impact Device.

SR 240. By Senators Hammill of the 3rd, Coleman of the 1st, Kennedy of the 4th and Scott of the 2nd:
A resolution recognizing the Georgia Sea Island Festival.

SR 242. By Senators Taylor of the 12th, Barnes of the 33rd, Howard of the 42nd and others:
A resolution commending Professor R. Perry Sentell, Jr.

HR 401. By Representatives Kingston of the 125th, Hamilton of the 124th, Pannell of the 122nd and others:
A resolution commending the Citizens' Committee for Skidaway Island State Park, Union Camp Corporation, and the Branigar Organization, Inc.

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
Tuesday, March 7, 1989
THIRTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

*HB 875 Kidd, 25th Morgan County
To create the Morgan County Water and Sewerage Authority. (SUBSTITUTE)

HB 966 Peevy, 48th City of Auburn Barrow County
To provide a new charter for the City of Auburn.

HB 967 Baldwin, 29th Land, 16th City of Manchester Part in Meriwether County Part in Talbot County.
To change the name of the city governing authority of Manchester.

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HB 968 Dawkins, 45th City of Monroe Walton County
To change certain provisions relative to the membership of the Water, Light, and Gas Commission; to change certain terms of the members of such com mission.
HB 969 Parker, 15th Land, 16th Muscogee County
To change the compensation of the coroner of Muscogee County.
HB 970 Barnes, 33rd Newbill, 56th Clay, 37th Ragan, 32nd Cobb County
To change the compensation of the sheriff, the chief deputy sheriff, the chief investigator, and the executive secretary to the sheriff of Cobb County.
HB 971 Barnes, 33rd Newbill, 56th Ragan, 32nd Clay, 37th Cobb County
To change the compensation of the tax commissioner, the chief clerk, and the executive secretary of the office of tax commissioner of Cobb County.
*HB 972 Turner, 8th Town of Sparks Cook County
To amend an act establishing a new charter for the Town of Sparks. (SUB STITUTE)
HB 973 Ragan, 10th Bowen, 13th Colquitt County
To require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.
HB 976 Starr, 44th Collins, 17th Clayton County
To provide that Clayton County shall have and be authorized to exercise all redevelopment and other powers authorized or granted to political subdivi sions pursuant to the "Redevelopment Powers Law"; to provide for certain such powers.
HB 977 Barnes, 33rd Newbill, 56th Clay, 37th Ragan, 32nd Cobb County
To change the provisions relative to the supplement of the district attorney

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and the compensation of the chief assistant district attorney and assistant district attornevys.
HB 979 Collins, 17th Henry County
To change the compensation of the sheriff, probate judge, clerk of the supe rior court, and tax commissioner of Henry County.
HB 980 Collins, 17th Henry County
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 county-wide basis; to provide that such chairman shall be the chief executive officer of the county.
HB 981 Broun, 46th City of Athens Clarke County
To authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Re development Powers Law", as now or hereafter amended, and provide for certain such powers.
HB 982 Barnes, 33rd Newbill, 56th Ragan, 32nd Clay, 37th Cobb County
To amend an Act creating the Cobb Judicial Circuit, 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.
HB 983 Barnes, 33rd Newbill, 56th Ragan, 32nd Clay, 37th Cobb County
To change the provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the superior court.
HB 984 Kennedy, 4th Town of Rincon Effingham County
To provide a $10,000 homestead exemption from ad valorem taxes of the Town of Rincon, Georgia, for individuals 65 years of age or older.
*HB 990 Barnes, 33rd Newbill, 56th Ragan, 32nd Clay, 37th Cobb County
To change the compensation of the judge of the Juvenile Court of Cobb County. (AMENDMENT)

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HB 1018 Baldwin, 29th City of Franklin Heard County
To change the name of the Franklin-Heard County Water Authority.
*HB 959 Broun, 46th City of Athens Clarke County
To provide for the Athens-Clarke County Anti-Drug Commission, a body cor porate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem proper to encourage the treat ment of persons for alcohol and substance abuse. (46th SUBSTITUTE adopted 3/6/89)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.)
The amendment to the following bill was put upon its adoption:
*HB 990.
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 990 by striking from line 18 on page 1 the figure "$55,800.00" and inserting in lieu thereof the figure "$57,380.00".
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
The substitutes to the following bills were put upon their adoption:
*HB 875.
The Senate Committee on Urban and County Affairs offered the following substitute to HB 875:
A BILL
To be entitled an Act to create the Morgan County Water Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and re lated facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal systems and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and ex penses; to authorize the authority to contract with others in relation to water and sewer utilities and facilities, to contract with others in relation to the use of the utilities and facili ties of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment of such bonds and to define the rights of the holders of such obligations; to provide that no debt of Morgan County shall be incurred in the exercise of any of the powers granted by this Act; to make

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the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to pro vide for the validation of bonds; to provide for severability; 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. Short title. This Act shall be known and may be cited as the "Morgan County Water Authority Act."
Section 2. Morgan County Water Authority, (a) There is created a body corporate and politic, to be known as the "Morgan County Water Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.
(b) The authority shall consist of five members, all of whom shall be residents of Mor gan County, any or all of whom may hold any state or local elective or appointive public office, and none of whom is required to be a user of the facilities of the authority. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Morgan County for at least one year prior to the date of his appoint ment and shall not have been convicted of a felony. From and after July 1, 1989, the five members of the authority shall consist of and be selected as provided in this section. Each of the county and municipal governing authorities shall be entitled to appoint one member of the authority. The member appointed by the governing authority of Morgan County shall be appointed for a term of five years and until a successor is appointed and qualified. The member appointed by the governing authority of the City of Madison shall be appointed for a term of four years and until a successor is appointed and qualified. The member ap pointed by the governing authority of the City of Rutledge shall be appointed for a term of three years and until a successor is appointed and qualified. The member appointed by the governing authority of the City of Bostwick shall be appointed for a term of two years and until a successor is appointed and qualified. The member appointed by the governing au thority of the City of Buckhead shall be appointed for a term of two years and until a successor is appointed and qualified. No member appointed by the governing authority of Morgan County shall be a resident of the City of Madison, City of Rutledge, City of Bost wick, or City of Buckhead. Members appointed by the governing authority of a municipality need not be a resident of such municipality. Successors to the members appointed as pro vided in this subsection shall be appointed by the respective governing authority making the original appointment for terms of five years and until their successors are appointed and qualified. Any member of the authority may be appointed to succeed himself. The authority shall select one of its members as chairman, one as vice-chairman, and one as secretarytreasurer, each of whom shall serve in such respective position for the succeeding year and until his or her successor is selected. Three members shall constitute a quorum.
(c) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body which appointed the member whose position has been vacated shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is con victed of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his residence from the county; who is convicted of any act of misfeasance, mal feasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any five consecutive regular or special meetings of the authority without an excuse approved by a resolution of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall serve without compensation, but all members shall be reimbursed from funds available to the authority for their actual expenses necessarily incurred in the

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performance of their duties. The authority shall make rules and regulations for its own gov ernment. The authority shall have perpetual existence. The authority shall meet at least annually in the month of January in each year and at such other times as it may deem necessary.
(d) Except as otherwise allowed by law, all meetings of the authority, whether regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Morgan County or residents of any area affected by the actions of the authority.
Section 3. Definitions, (a) As used in this Act, the term:
(1) "Authority" means the Morgan County Water Authority created by this Act.
(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, fiscal agents', and legal expenses, and of plans and specifications, and of other expenses necessary or incident to determining the feasibility or practicability of the project; the cost of administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of 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 revenue bonds issued under the provisions of this Act for such project.
(3) "Project" means and includes the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and its counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of Morgan County, and the operation, maintenance, addi tions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority to be necessary or convenient for the efficient opera tion of such type of undertaking. The term "project" shall also mean and include the acqui sition, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acqui sition and construction of treatment plants, ponds, and lagoons, inside and outside the terri torial boundaries of Morgan County, and the operation, maintenance, additions, improve ments, and extensions of such facilities so as to assure an adequate sewage system deemed by the authority necessary for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue-producing undertak ing and operated and maintained as such.
(4) "Revenue bond" and "bonds" means revenue bonds as provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended, known as the "Reve nue Bond Law," and such type of obligations may be issued by the authority as authorized under said "Revenue Bond Law" and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which is specifically provided for in this Act.
(5) "Users of the facilities" or "users" means and includes each person, firm, partner ship, company, corporation, association, organization, municipality, county, school board, political subdivision, authority, or other entity to which water is supplied or sewerage ser vices are provided by the authority through the facilities of the authority and which actually makes payment to the authority for such water or sewerage services as are furnished by the authority.
(b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority,

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the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 4. Powers. The authority is authorized:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use real property, rights or easements therein, or franchises necessary for its corporate purposes; to use the same so long as its corporate existence shall continue; and to lease or make contracts with respect to the use or disposition of the same in any manner it deems to the best advan tage of the authority, the authority having no power to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless, at the time such property is acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(4) To appoint, select, and employ officers, agents, and employees, including engineer ing, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations;
(5) To make contracts and leases and to execute all instruments necessary or conven ient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired. In addition, any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the au thority to enter into contracts, lease agreements, or other undertakings relative to the fur nishing of services and facilities by the authority to such municipal corporations, counties, and political subdivisions for terms not exceeding 50 years;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, im prove, equip, operate, and manage projects as defined in Section 3 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof, including Morgan County;
(7) To make loans with and accept loans and grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumental ity may impose;
(8) To make loans with and accept loans and grants of money, materials, or property of any kind from the State of Georgia or any agency, instrumentality, or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency, instrumen tality, or political subdivision may impose;
(9) To borrow money for any of its corporate purposes, to execute evidences of such

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indebtedness, to secure the same, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and de liver appropriate evidence of any such indebtedness, which is not in conflict with the Consti tution or general laws of this state; and
(11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority cre ated in this Act, shall have the power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as defined in Section 3 of this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, shall be payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the author ity, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolu tion for the issuance of bonds.
Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and suffi cient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupon attached thereto shall bear the facsimile signatures of the chairman and the secre tary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
Section 9. Same; sale; price; proceeds. The authority may sell such bonds in such man ner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or pur poses provided in the resolutions and proceedings authorizing the issuance of such bonds.
Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

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Section 11. Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meet ing of the authority by a majority of its members.
Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Morgan County or any municipality nor a pledge of the faith and credit of said county or any municipality; but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county or any municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their pay ment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
Section 14. Trust indenture as security. In the discretion of the authority, any issuance of such 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 inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing of the rights and remedies of the bondholders as may be rea sonable 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 insuring of the project, and the custody, safeguard ing, and application of all moneys, and may also provide that any project shall be con structed and paid for under the supervision and approval of consulting engineers or archi tects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor and 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. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such 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 in dentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolu tion or trust indenture may provide.
Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any par ticular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise

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pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) The necessary charges of paying agents for paying principal and interest and other investment charges; and
(4) Any premium upon bonds retired by call or purchase as provided in this section.
The use and disposition of such 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 such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolu tion authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties re quired by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the 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 the foregoing provisions of this Act insofar as the same may be applicable.
Section 19. Validation. Bonds of the authority shall be confirmed and validated in ac cordance with the procedure of the "Revenue Bond Law," Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The petition for validation shall also make party defendant to such ac tion the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be vali dated; and the state or such municipality, county, authority, political subdivision, or instru mentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any mu nicipality, county, authority, political subdivision, or instrumentality, if a party to the vali dation proceedings, contracting with the said Morgan County Water Authority.
Section 20. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the

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Superior Court of Morgan County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such action.
Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its of ficers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, de partment, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.
Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the authority, (a) Without limiting the generality of any provi sion of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Morgan County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water di rectly to consumers in those areas where there does not now exist water distribution systems or furnishing sewer facilities to such customers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality.
(b) The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentali ties of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity.
(c) The authority shall not have the authority to construct water lines for the distribu tion of water directly to customers within any municipality without first obtaining the ex press written consent of the appropriate governing body of said municipality and, likewise, the authority shall not have the authority to construct sewer lines directly to customers for the collection of waste and sewage inside any municipality without first obtaining the ex press written consent of the appropriate governing body of said municipality.
Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvements, betterment, or extension of a water system, a sewerage system, or a com bined water and sewerage system and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects con structed or acquired under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished.
Section 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Morgan County; and the officers, agents, and em ployees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents,

TUESDAY, MARCH 7, 1989

1715

and employees of Morgan County when in the performance of their public duties or work of the county.
Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
Section 28. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.
Section 29. Effect on other governments. This Act shall not and does not in any way take from Morgan County nor any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by the "Revenue Bond Law," Article 3 of Chapter 82 of Title 36 of the O.C.G.A.
Section 30. Liberal construction of Act. This Act, being for the welfare of various politi cal subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes of this Act.
Section 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 32. Repealer. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
*HB 972:
The Senate Committee on Urban and Community Affairs offered the following substi tute to HB 972:
A BILL
To be entitled an Act to amend an Act establishing a new charter for the Town of Sparks, approved December 20, 1899 (Ga. L. 1899, p. 271), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing a new charter for the Town of Sparks, approved Decem ber 20, 1899 (Ga. L. 1899, p. 271), as amended, is amended by adding a new section immedi ately following Section 4, to be designated Section 4A to read as follows:
"Section 4A. (a) The provisions of this section shall govern over and supersede any other provisions of this charter to the contrary.
(b) The three councilmen elected in December, 1988, whose terms normally expire on the second Monday of January, 1991, shall remain in office only until December 31, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1990, and biennially thereafter, the successors to such two councilmen shall be elected and shall serve for terms of office of two years and until their succes-

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sors are elected and qualified and shall take office on the first day of January following their election.
(c) The three councilmen elected in December, 1989, whose terms normally expire on the second Monday of January, 1992, shall remain in office only until December 31, 1991, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1991, and biennially thereafter, the successors to such three coun cilmen shall be elected and shall serve for terms of office of two years and until their succes sors are elected and qualified and shall take office on the first day of January following their election.
(d) The mayor elected in December, 1988, whose term normally expires on the second Monday in January, 1991, shall remain in office only until December 31, 1990, and until a successor is elected and qualified. On the Tuesday next following the first Monday in No vember, 1990, and biennially thereafter, the successor to such mayor shall be elected and shall serve for a term of office of two years and until a successor is elected and qualified and shall take office on the first day of January following such election."
Section 2. This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 of the O.C.G.A.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

*HB 959:

The substitute to HB 959 offered by Senator Broun of the 46th on March 6, as it ap pears in the Journal of March 6, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to, except HB 959 was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun Burton Clay Collins Coverdell Dean
Echols Edge English
Fincher

Foster Fuller Gillis Hammill Harris Huggms Johnson Kennedy Kidd Land McKenzie
Newbill Olmstead Parker
Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd R Scott of 2nd
Scott of 36th
Starr Stumbaugh Tate Taylor Tysinger Walker

TUESDAY, MARCH 7, 1989

1717

Those not voting were Senators:

Barker Barnes Coleman Dawkins

Deal Engram (excused) Garner Howard

Langford Shumake Timmons Turner

On the passage of all the local bills, the yeas were 44, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 875, HB 972, HB 990 and HB 959, having received the requisite constitutional majority, were passed.

HB 990, having received the requisite constitutional majority, was passed as amended.

HB 875, HB 972 and HB 959, having received the requisite constitutional majority, were passed by substitute.

SENATE RULES CALENDAR Tuesday, March 7, 1989
THIRTY-SEVENTH LEGISLATIVE DAY
SR 147 Gordon College--urge conversion to four-year college (H Ed--27th) SR 168 Senate Transportation Study Committee--create (Trans--1st) SR 185 Senate Adoption Study Committee--create (C&Y--25th) SR 193 Senate Guardianship Laws Study Committee--create (Amendment)
(Judy--42nd) SR 199 Drug Abuse and Drug Trafficking Study Committee--create (Pub S--13th) SR 201 Senate Study Committee on Traffic Infractions--create (Pub S--23rd) SR 202 Omnibus Budget Reconciliation Act of 1987--nursing home provisions (Hum
R--42nd) SR 203 Autism Resource Center for State--support development (Hum R--44th) SR 211 Senate Study Committee on DNR Revenues--create (Nat R--22nd) SR 216 Senate Intracounty Toll Charge Study Committee--create (Rules--47th) SR 218 Senate Study Committee on Peace Officers' Rights--those under investigation
(Substitute) (Pub S--30th) HB 154 Buildings--state minimum standard codes (Substitute) (I&L--45th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 601 Drivers' Licenses--handicapped identification card (Substitute) (Pub S--24th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 166 Insult, Abuse of Teacher at School--prohibit in presence of student (Substitute)
(Amendment) (Ed--19th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 719 Water Quality Control Act--prohibit sale of certain cleaning agents (Substitute) (Nat R--29th) HB 58 College Operated Pharmacy--special pharmacy permit (Hum R--42nd) HB 123 Tax Sale--notices of foreclosure of right to redeem (Judy--37th) HR 162 Access to Health Care Commission--create (Substitute) (Hum R--42nd) HB 370 Teacher Religious Holiday Absence--not sick leave (Judy--33rd) HB 70 Medicaid Prescription Drug Bidding, Rebate Program--establish (Substitute)
(Hum R--42nd) HB 306 Eastern Judicial Circuit--additional Superior Court judge (Judy--2nd)

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HB 124 Deeds to Secure Debt--addresses of grantees, transferees (Judy--37th) HB 194 Marriage, Family Therapists--occupation tax exempt (B&F--14th) HR 104 Joel Cowan Parkway--designate (Trans--34th) HR 242 Lightwood Knot Bridge--designate (Trans--25th) HB 75 Hazardous Waste Facility--when city/county disapproves (Nat R--53rd) HB 449 School Systems Qualifying for Middle School Grants--midterm adjustments
(Ed--50th) HB 203 Health Insurance Policy Termination--time limit on notification (Ins--55th) HB 223 World Congress Center--may incur debt (B&F--28th) HB 922 Cherokee Judicial Circuit Superior Courts--third judge (Judy--31st) HB 340 Real Estate Broker--qualifications (Substitute) (I&L--45th) HB 128 School Crossing Guards--may direct traffic (Pub S--15th) HB 799 Ordinances on Historical Preservation--certain exemptions (Nat R--20th) HB 716 Unauthorized Payments, Overpayments of Public Assistance--recovery
(B&F--21st) HB 576 Probation Revoked Outside County of Conviction--jail transfer (Substitute)
(Corr--30th) HB 725 Department of Administrative Services--relating to inventory of personal prop
erty (Gov Op--25th) HB 501 Motor Vehicle Accident Reparations Act--non-resident exemptions (Amend
ment) (S Judy--48th) HB 324 Campus Policemen--speed detection devices (H Ed--46th) HB 733 Guardian of Trust--judge who appointed may transfer jurisdiction (C&Y--5th) HB 139 Child, Spousal Support--revise statutes on enforcement (Substitute) (S
Judy--33rd) HB 885 Structural Pest Control Commission--continue, later terminate (Gov Op--21st) HB 409 Rules of the Road--funeral procession (Pub S--51st) HR 277 A. T. Land, Sr., Highway--designate (Trans--53rd) HB 742 Municipal Gas Authority--location (U&CA G--42nd) HB 629 Quality Basic Education--funding for direct instructional costs (Ed--33rd) HB 331 Mentally Retarded--criteria, admission to residential facility (Substitute) (Hum
R--25th)
Respectfully submitted, /s/ Nathan 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 147. By Senators Harris of the 27th, Collins of the 17th and Edge of the 28th: A resolution urging the Board of Regents of the University System of Georgia to convert Gordon College into a four-year college.
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:

TUESDAY, MARCH 7, 1989

1719

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Burton Clay Collins Coverdell Dawkins Dean Echols Edge

English Fincher Foster Fuller Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Voting in the negative was Senator Broun.

Those not voting were Senators:

Barker
Coleman Deal Engram (excused) Garner

Howard Langford
McKenzie Ray

Scott of 2nd Shumake
Timmons Walker

On the adoption of the resolution, the yeas were 42, nays 1.

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

SR 168. By Senator Coleman of the 1st: A resolution creating the Senate Transportation Study Committee.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen B"nnn BTM11 BCluaryton
Coleman Collins
Coverdell Dawkins Dean Echols Edge

English Fincher Foster Fuller Garner Gillis 2am HHoarwriasrd
Huggins Johnson
Kennedy Kidd Land Langford Newbill

Olmstead Parker Perry Phillips p ollard Ragan of 10th Ragan of 32nd S0 co\t.t of, 3c6th,
htarr Stumbaugh
Tate Taylor Turner Tysinger Walker

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Those not voting were Senators:

Barker Deal Engram (excused)

McKenzie Peevy Ray

Scott of 2nd Shumake Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

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

SR 185. By Senator Kidd of the 25th: A resolution creating the Senate Adoption Study Committee.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Collins Coverdell Dean Echols Edge English Fincher

Foster Fuller Garner Gillis Hammill Harris Johnson Kennedy Kidd Land Newbill Olmstead Parker Peevy Perry

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

Those not voting were Senators:

Barker Clay Coleman Dawkins

Deal Engram (excused) Howard Huggins

Langford McKenzie Timmons

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

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

SR 193. By Senator Howard of the 42nd: A resolution creating the Senate Guardianship Laws Study Committee.

The Senate Committee on Judiciary offered the following amendment:

Amend SR 193 by striking from line 17 of page 1 the following: "Six",

TUESDAY, MARCH 7, 1989

1721

and inserting in lieu thereof the following: "Three".

By striking from line 19 of page 1 the following: "three",
and inserting in lieu thereof the following: "six".

By striking line 11 of page 2 and inserting in lieu thereof the following: "more than ten days."

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 adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon * toun ^rton CCloalylins Coverdell Dawkins
Deal Dean Echols Edge Fincher

Foster Fuller Garner Gillis Hammill Harris Hovward JKoehnnnseodny Kidd Land
Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th S,,,humak, e tarr btumbaugh
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Coleman

English Engram (excused) Huggins

Langford McKenzie Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

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

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

HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide a frame work to facilitate and encourage coordinated, comprehensive state-wide planning

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JOURNAL OF THE SENATE

and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.
Senator Barnes of the 33rd moved that the Senate insist upon the Senate substitute to HB 215.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 215.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.
The House substitute to SB 270 was as follows:
A BILL
To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records; to provide exemptions of certain public records; 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 subsection (d) of Code Section 50-14-1, relating to the require ment that meetings be open to the public and to notices of meetings, and inserting in lieu thereof a new subsection (d) to read as follows:
"(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 of the time and place thereof and of subjects expected to be considered at the meeting. 'Due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of written 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 of the meeting and subjects expected to be considered at the meeting as is reasonable under the circumstances including notice to said county legal organ or a newspaper having a gen eral 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 re corded 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 subsection may be given by telephone."

TUESDAY, MARCH 7, 1989

1723

Section 2. Said title is further amended by striking subsection (a) of Code Section 5018-70, relating to inspection of public records, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this article, the term:
(1) 'Agency' shall have the same meaning as such term is defined in paragraph (1) of subsection (a) of Code Section 50-14-1.
(2) 'Public record' means all documents, papers, letters, maps, books, tapes, photo graphs, or similar material prepared and maintained or received in the course of the opera tion of a public office or agency."
Section 3. Said title is further amended by striking paragraph (5) of subsection (a) of Code Section 50-18-72, relating to public records for which public disclosure is not required, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Records that consist of: (A) confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; (B) applications, correspondence, resumes, or other records or documents received or prepared by or for the Board of Regents of the University System of Georgia in connection with the appointment or hiring of the president of any institution subject to its jurisdiction, provided that such information, except confidential letters of reference or evaluation, with respect to the individual appointed or hired shall be subject to disclosure ten days after the hiring or appointment; and (C) records consisting of material obtained in investigations related to the suspension, firing, or investigation of com plaints 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 termi nated, provided that this paragraph shall not be interpreted to make such investigatory records privileged;".
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate disagree to the House substitute to SB 270.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 270.

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

SR 199. By Senators Bowen of the 13th, Perry of the 7th, Ragan of the 10th and others: A resolution creating the Drug Abuse and Drug Trafficking 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 Barker Barnes Bowen Brannon Burton Clay

Collins Coverdell Dawkins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard

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JOURNAL OF THE SENATE

Huggins Johnson Kennedy Kidd
Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd
Rav Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh
Tate Taylor
Turner Tysinger Walker

Those not voting were Senators:

Baldwin Broun Coleman

Engram (excused) Langford

McKenzie Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

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

Senator Dean of the 31st moved that Senator Engram of the 34th be excused from all roll calls in the Senate today due to her absence from the Senate because of illness.

On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Engram of the 34th was excused from all roll calls in the Senate today.

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

SR 201. By Senator Albert of the 23rd: A resolution creating the Senate Study Committee on Traffic Infractions.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Brann on
B urton CC~~oo$lvl.emrds ell
Dj)eeaaln Echols Edge English Fincher Foster

Garner Gillis Hammill Harris Howard
Huggins J,^,oehnnnseodn,y
LKaldndd Langford Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd S,S-,,hcoutmt aok,fe36th
SSttuarmr baugh Tate Taylor Turner Tysinger Walker

TUESDAY, MARCH 7, 1989

1725

Those not voting were Senators:

Baldwin Bowen Broun Coleman

Dawkins Engram (excused) Fuller

McKenzie Newbill Timmons

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

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

Senator Kidd of the 25th introduced Daphne Densmore, March of Dimes Child for Middle Georgia, and her mother to the Senators.

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

SR 202. By Senators Howard of the 42nd, Broun of the 46th, Kidd of the 25th and others:
A resolution relative to the nursing home reform provisions of the Omnibus Budget Reconciliation 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 Barker Barnes Brannon
Burton Clay Collins Coverdell Dawkins Deal Dean Echols English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill

Olmstead Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin Bowen Coleman Edge

Engram (excused) McKenzie Phillips Pollard

Scott of 2nd Scott of 36th Shumake Timmons

On the adoption of the resolution, the yeas were 44, nays 0.

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

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JOURNAL OF THE SENATE

Senator Fincher of the 54th introduced the doctor of the day, Dr. Bates Bailey, of Dalton, Georgia.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 225. By Senators English of the 21st, Kennedy of the 4th and Pollard of the 24th:
A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in live stock, so as to provide for the licensing and inspection of rendering and disposal plants and collection centers; to provide for definitions; to provide for licensing; to provide for construction and sanitation requirements.
The House substitute to SB 225 was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in livestock, so as to provide for the licensing and inspection of rendering and disposal plants and collec tion centers; to provide for definitions; to provide for licensing; to provide for construction and sanitation requirements; to provide for collection centers and requirements related thereto; to provide for inspections and maintenance of records; to provide for rules and regulations; to prohibit certain conduct; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in livestock, is amended by strik ing Part 3, relating to rendering and disposal plants, and inserting in lieu thereof a new Part 3 to read as follows:
"Part 3
4-4-40. As used in this part, the term:
(1) 'Carcasses of domestic animals' means all or any part or portions of any dead do mestic animal not slaughtered for human consumption.
(2) 'Collection center' means any approved facility where carcasses of domestic animals from state or federally licensed facilities are collected for loading into approved vehicles for delivery to a rendering plant.
(3) 'Rendering plant' means a place of business or location or plant where the carcasses of domestic animals or packing house refuse or other refuse is purchased, received, or un loaded and where such carcasses or refuse is processed for the purpose of obtaining the hide, skin, grease, residue, or any other by-product from such animals or refuse in any way whatsoever.
4-4-41. It shall be unlawful for any person, firm, partnership, or corporation to engage in the business of operating a rendering plant without first applying for and obtaining a license from the Commissioner of Agriculture. Each license shall expire on December 31 of each year, and each application for a license must be accompanied by a license fee of $5.00.
4-4-42. Every licensed rendering plant which violates the laws of this state or the rules and regulations promulgated by the Commissioner pursuant thereto shall have its license revoked, canceled, or suspended upon a notice and hearing.
4-4-43. (a) It shall be unlawful for any person, firm, partnership, or corporation to oper ate a rendering plant unless the rendering plant:
(1) Is constructed according to blueprints approved by the Georgia Department of Agri-

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culture; provided, however, that neither blueprints for nor alterations to facilities existing on July 1, 1989, shall be required except to the extent that alterations are necessary for compliance with the other provisions of this part, and to the extent that alterations are necessary for such compliance they shall be made not later than July 1, 1990;
(2) Has walls, floors, and ceilings of concrete or other impervious materials;
(3) Has ample hot water (140 degrees Fahrenheit) to facilitate cleaning of the building, equipment, and vehicles used to move products;
(4) Has adequate drainage constructed and maintained so that no liquid or other mat ter is permitted to escape therefrom unless into a sewage facility approved by the govern mental authority having proper jurisdiction. The document showing approval of such sew age facility must be maintained at the plant for inspection review; and
(5) Is cleaned and sanitized daily to prevent odor and the accumulation of refuse.
(b) It shall be unlawful for any person, firm, partnership, or corporation to operate a rendering plant unless all vehicles used in the transportation of carcasses or refuse on public highways are of such construction as to prevent seepage or residue from escaping.
(c) Carcasses or refuse shall not be allowed to accumulate or be held for any period of time at any place other than a licensed slaughtering, processing, or rendering plant, or any combination thereof. Such licensed facilities shall have a procedure approved by the depart ment if they accumulate or hold carcasses or refuse for longer than one day's operation.
(d) Rodent and vermin control shall be diligently practiced with buildings and sur rounding grounds kept clean and free of refuse, trash, and manure.
(e) All barrels used for transportation and storage of carcasses or refuse shall be clearly marked 'INEDIBLE' with letters not less than two inches in height.
4-4-44. (a) It shall be unlawful for any person, firm, partnership, or corporation to oper ate a collection center until it has applied for and obtained a written permit from the Com missioner to carry on such an operation.
(b) A collection center shall be located on a site in compliance with local zoning ordi nances and shall have a sewage facility approved by the governmental authority having proper jurisdiction.
(c) A collection center shall be covered by a metal roof or other permanent type cover ing with sufficient screened ventilators to allow air flow yet prevent the entry of rodents, birds, and insects.
(d) A collection center shall have adequate drains in an impervious floor with adequate hot water (140 degrees Fahrenheit) to clean thoroughly the collection center premises.
(e) A collection center shall be cleaned and sanitized daily.
(f) The management of a collection center shall agree to hold inedible materials no longer than 24 hours.
(g) With respect to any requirements of subsections (a) through (d) of this Code section which relate solely to the physical construction or alteration of a collection center, the col lection center operator shall have until July 1, 1990, to comply with such requirements.
4-4-45. Every rendering plant shall be subject at all times to inspection by the Commis sioner. Each such rendering plant shall keep and furnish the Commissioner such informa tion as he may by rule or regulation require concerning the collection, transportation, distri bution, and processing of the carcasses of dead domestic animals or packing house refuse and, further, shall keep and maintain sanitary at all times its vehicles used in the collection, transportation, and distribution of dead domestic animals and packing house refuse.
4-4-46. Any person affected by this part or by any rule or regulation adopted pursuant to this part shall have and shall be required to exhaust the administrative remedies pro vided by Code Section 4-6-8.

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4-4-47. The Governor is authorized to make available to the department the funds nec essary to provide an inspection system for those slaughtering establishments in this state which are unable to qualify for federal inspection. The department is authorized to adopt appropriate grading standards to be used in the inspection of such establishments so as to indicate on each carcass inspected the grade and quality thereof.
4-4-48. Any person, firm, partnership, or corporation which violates any provision of this part or any rule or regulation made pursuant to this part shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator English of the 21st moved that the Senate agree to the House substitute to SB 225.

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes
Brannon
B,ruor"tonn Collins Coverdell Dawkins Deal Dean Edge English Fincher

Foster Fuller Garner Gillis
Hammill
HuHoarwriasrdj Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Pollard
Ragan of 10th
RRoaaygan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Bowen Coleman Echols

Engram (excused) McKenzie Phillips

Shumake Tate Taylor

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 225.

The following resolution of the Senate was read and adopted:

SR 239. By Senators Coleman of the 1st, Scott of the 2nd, Kennedy of the 4th and others:
A resolution expressing appreciation to Chairman M. J. "Jerry" Hogan, Grand Marshal Charles R. Ray, and the other officers and members of the Savannah St. Patrick's Day Parade Committee.

Senator Coleman of the 1st introduced Grand Marshal Charles Ray, General Chairman Jerry Hogan and aides of the St. Patrick's Day Parade Committee of Savannah; the Senate was briefly addressed.

TUESDAY, MARCH 7, 1989

1729

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

SR 203. By Senators Starr of the 44th, Howard of the 42nd, Broun of the 46th and Dawkins of the 45th:
A resolution supporting the development of an Autism Resource Center for the State of Georgia.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
Burton Clay Coverdell Dawkins Deal Dean Echols Edge English

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Pollard Ragan of 10th Ragan of 32nd
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Collins

Engram (excused) Fincher Johnson

Perry Phillips Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

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

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 140. By Senators Barnes of the 33rd, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors.

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The House substitute to SB 140 was as follows:
A BILL
To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting and certification of utility contracting foremen; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors; to change certain provisions relating to the composition, organization, officers, and powers of the board; to change certain provisions relating to pow ers and duties of the divisions of the board; to provide for license application, examination, issuance, and renewal; to provide for certain notifications; to provide for certificate applica tion and the issuance and renewal of certificates; to provide for financial statements and financial standards; to provide for bid limitations; to change certain provisions relating to applicability and exceptions; to prohibit utility contracting work without a utility contractor or utility contracting foreman at the job site; to prohibit unlicensed utility contracting and prohibit opening or considering certain bids for utility contracting and provide penalties therefor; 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 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, is amended by striking Code Section 4314-1, relating to legislative purpose, and inserting in lieu thereof a new Code section to read as follows:
"43-14-1. This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage wiring, utility contracting, or conditioned air instal lations. The practice of electrical contracting, plumbing contracting, installing, or repairing, low-voltage contracting, utility contracting, and conditioned air contracting are declared to be businesses or professions affecting the public interest; and this chapter shall be liberally construed so as to accomplish the purposes stated in this Code section."
Section 2. Said chapter is further amended by adding at the end of Code Section 43-142, relating to definitions, the following new paragraphs:
"(13) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system in which the cost of the com pleted structures or improvements exceed $100,000.00.
(14) 'Utility contractor' means an individual who is engaged in utility contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract. An em ployee of a utility contractor who receives only a salary or hourly wage for performing utility contracting shall not be required to be licensed under this chapter, except that those em ployees upon whom the qualification of a partnership or corporation rests pursuant to sub section (b) of Code Section 43-14-8.2 shall be licensed.
(15) 'Utility contracting foreman' means any individual who is employed or engaged by a utility contractor to supervise the construction, erection, alteration, or repair of a utility system.
(16) 'Utility system' means any system at least five feet underground including, but not limited to, water supply systems, sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, and pump stations."
Section 3. Said chapter is further amended by striking from subsection (c) of Code

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1731

Section 43-14-3, relating to the creation of the State Construction Industry Licensing Board, the following:
"(c) The board shall be composed of 22 members", and inserting in lieu thereof the following:
"(c) The board shall be composed of 27 members", by striking from the end of para graph (4) of said subsection (c) the following:
"; and ",
and inserting in lieu thereof the following:

by redesignating paragraph (5) of said subsection (c) as paragraph (6), and inserting imme diately prior thereto a new paragraph (5) to read as follows:
"(5) Five members known as the Division of Utility Contractors, three of whom shall be utility contractors, one of whom shall be a registered professional engineer, and one of whom shall be an insurance company representative engaged primarily in the bonding of construction projects; and",
and by adding in subsection (d) thereof immediately after the following:
"July 1, 1984, and ending June 30, 1987.", the following:
"Members of the Division of Utility Contractors shall be appointed by the Governor, subject to confirmation by the Senate, for initial terms beginning July 1, 1989, and ending June 30, 1992."
Section 4. Said chapter is further amended by striking subsection (b) of Code Section 43-14-4, relating to meetings and organization of the board, and inserting in lieu thereof a new subsection to read as follows:
"(b) The office of chairman shall be rotated among the five divisions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairman shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the previ ous chairman."
Section 5. Said chapter is further amended by striking paragraphs (2) and (4) of Code Section 43-14-5, relating to powers of the board, and inserting in their respective places new paragraphs to read as follows:
"(2) Provide by regulation for reciprocity with other states in the registration and li censing of electrical contractors, master plumbers, journeyman plumbers, low-voltage con tractors, utility contractors, or conditioned air contractors and in the certification of utility contracting foremen, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, and certification; pro vided, further, that a similar privilege is offered to residents of this state;"
"(4) Establish the policies for regulating the businesses of electrical contracting, plumb ing, low-voltage, utility, and conditioned air contracting; and".
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 43-14-6, relating to duties of the various divisions of the board, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to en gage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage contracting; the Division of Utility Contractors with respect to applicants for a license to engage in or licensees engaging

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in the business of utility contracting and with respect to applicants for a certificate to en gage in or certificate holders engaging in the business of a utility contracting foreman; and the Division of Conditioned Air Contractors, with respect to applicants for a license to en gage in or licensees engaging in the business of conditioned air contracting, shall:
(1) Examine all applicants for licenses to practice the profession. Examinations shall be prepared in such a manner as to test the knowledge, skill, and efficiency of the applicants; and such examinations shall be based on the applicable state minimum standard codes and, in the case of low-voltage contractors, upon such additional information deemed necessary by the division licensing such contractors in order to protect the safety and welfare of the public;
(2) Subject to this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the examinations. The Division of Electrical Contrac tors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes, and Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall prepare separate examinations for master plumber Class I, master plumber Class II, and journeyman plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be un restricted. The Division of Conditioned Air Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heat ing and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted. The Divi sion of Low-voltage Contractors shall prepare separate examinations for Low-voltage Con tractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LVU, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to tele communication and general system low-voltage contracting, Class LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be un restricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting;
(3) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions:
(A) Electrical Contractor Class I;
(B) Electrical Contractor Class II;
(C) Master Plumber Class I;
(D) Master Plumber Class II;
(E) Journeyman Plumber;
(F) Conditioned Air Contractor Class I;
(G) Conditioned Air Contractor Class II;
(H) Low-voltage Contractor Class LV-A;
(I) Low-voltage Contractor Class LV-T;
(J) Low-voltage Contractor Class LV-G;
(K) Low-voltage Contractor Class LV-U;
(L) Utility contracting foreman (certificate); and
(M) Utility contractor;

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1733

(4) Investigate, with the aid of the joint-secretary, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession;
(5) After notice and hearing, have the power to reprimand any person or licensee, or to suspend, revoke, or cancel the license or certificate of competency of or refuse to grant, renew, or restore a license or certificate of competency to any person or licensee upon any one of the following grounds:
(A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license requirements of this chapter or the rules and regulations of the board;
(B) Failure at any time to comply with the requirements for a license under this chapter;
(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the licensee unsafe or unfit to practice his profession licensed under this chapter;
(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;
(E) Knowingly performing any act which in any way assists an unlicensed person to practice his profession;
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any pro vision of this chapter or any rule or regulation of the board;
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumb ing, low-voltage contracting, utility contracting, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the stan dards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked;
(H) With respect to utility contractors, the bidding by such a utility contractor in ex cess of license coverage; or
(I) With respect to utility contractors, violations of Chapter 9 of Title 25.
(6) Review amendments to or revisions in the state minimum standard codes as pre pared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Com munity Affairs shall be required to provide to the joint-secretary a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and
(7) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter."
Section 7. Said chapter is further amended by adding immediately following Code Sec tion 43-14-8.1 new Code sections to read as follows:
"43-14-8.2. (a) For purposes of this Code section only, 'division' means the 'Division of Utility Contractors.'
(b) No person shall engage in utility contracting unless such person has a valid license therefor from the Division of Utility Contracting.
(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application to the board, satisfactorily com pletes the examination required by this chapter, and pays or has paid the required fees and

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is not otherwise in violation of this chapter shall be issued a state-wide Utility Contractor license.
(d) The decision of the division as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, or corporations desiring to engage in the vocation of utility contracting after July 1, 1990, shall take or have taken the examination and qualified under this Code section before engaging in such vocation.
(e) No partnership or corporation shall have the right to engage in the business of util ity contracting unless there is regularly connected with such partnership or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the utility contracting work of all employees of such partnership or corpora tion, who have valid licenses issued to them as provided in this chapter. In cases where a partnership or corporation has more than one office location from which utility contracting is performed, at least one person stationed in each branch office of such partnership or corporation, engaged in the performance of utility contracting on a full-time basis and su pervising the utility contracting work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section.
(f) It shall be the duty of all partnerships and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership or corporation of any person or persons upon whom the qualification of any such partnership or corporation rested.
(g) (1) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, or corporation and, if a partnership or corporation, the names and addresses of the partners or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its discre tion may require. All forms of application for renewal of licenses shall also show whether or not the applicant, if it is a partnership or corporation, still has connected with it a duly qualified person holding a license issued by the division.
(2) An applicant shall include his safety policy or the safety policy of his corporation or partnership. An approved safety policy is required before an applicant will be issued a li cense. The safety policy shall provide the details of regularly scheduled safety meetings for all field personnel.
(h) The division shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (b) of this Code section. The division shall notify such governing authorities that after July 1, 1990, any person de siring a license to engage in the vocation of utility contracting shall be required to pass an examination as provided in this chapter.
(i) The division shall require applicants for licensure under this Code section to file with their application and licensees under this Code section to file along with any license renewal fee financial statements containing information as prescribed by the division and to indicate the letter symbol indicating the maximum bid limits the applicant is requesting. No financial statements will be required of any applicant requesting licensure for letter symbol 'A' as provided in this subsection. Such financial statements shall be reviewed by the staff but shall not be inspected or reviewed by members of the board or division unless there is a problem or controversy arising pursuant to the provisions of this Code section involving such financial statements. Such financial statements shall be confidential information and shall not be available for inspection by contractors or the general public. The licenses granted under this Code section shall stipulate the type or types of work the utility contrac tor is permitted to bid on or to perform under that person's license and shall contain a letter symbol indicating the maximum limits on which that person is permitted to bid or perform in a single contract. The maximum bid limits shall be set by the formula of not more than

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ten times the net worth as shown by the applicant's latest financial statement and desig nated in the classification set out in this subsection that is the closest to this amount. Should the applicant's financial statement fail to substantiate the limits requested, further consideration may be given to:
(1) The present market value in lieu of book value of listed assets when properly sup ported with substantiating evidence; and
(2) A combined statement of the applicant that includes other wholly owned or sub stantially owned interests.
When an applicant's financial statement qualifies for an amount in excess of classification 'C,' the limits shall then be set as classification 'U' - Unlimited. The following letter symbols indicate the maximum amount bid limits allowed a licensee on any single contract undertaking;
A - Not to exceed ...................................................$ 100,000.00 B - Not to exceed ................................................... 500,000.00 C - Not to exceed ................................................... 1,000,000.00 U - Unlimited
(j) Any person desiring to change the limit of that person's license shall make applica tion for revision of that license on the prescribed form furnished by the board. The applica tion shall be supported by a current financial statement and evidence of that person's abil ity to furnish contract bond for such amounts as are required for the higher limitation for which that person is applying. Under no circumstances shall a utility contractor be permit ted to bid in excess of that person's license coverage prior to the time such revision is effected.
(k) It shall be unlawful for any contracting body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section and evidenced by the utility contractor license number written on the face of the bid envelope.
(1) As a condition to the renewal of licenses, the division may require licensees to com plete certain hours of continuing education in safety and technical training.
43-14-8.3. (a) After July 1, 1990, no person may be employed as a utility contracting foreman unless that person is certified by the division.
(b) The division shall certify all applicants for certification under this chapter who sat isfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division or pursuant to rules and regulations of the division the furnishing of proof that the individual has successfully performed work as a utility contracting foreman for a period of at least two years. For the purposes of this subsection, a program of safety training established by a public utility shall be an approved course of safety training. Application for certification shall be made on forms prescribed and furnished by the division and shall be accompanied by a fee as pre scribed by the division.
(c) No utility system shall be constructed, erected, altered, or repaired unless a utility contractor or utility contracting foreman is present at the job site of such construction, erec tion, alteration, or repair of the utility system."
Section 8. Said chapter is further amended by striking Code Section 43-14-15, relating to general applicability, and inserting in lieu thereof a new Code section to read as follows:
"43-14-15. (a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical or low-voltage wiring or utility systems within or on public or private buildings, structures, or premises except as otherwise pro vided in this Code section.
(b) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical services, except low-voltage wiring services or util-

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ity systems, up to and including the meters where such work is performed by and is an integral part of the system owned or operated by a public service corporation or the electri cal, water, or gas department of any municipality in this state, in rendering its duly author ized service as such.
(c) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems, except low-voltage wiring systems, or utility systems where such work is performed and is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, or public utility or municipal utility in the exercise of its normal functions as a public utility or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry.
(d) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a single-family dwelling owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(e) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or elec trical or low-voltage wiring services in a farm or ranch building owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(f) This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(g) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or elec trical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(h) This chapter shall not apply to low-voltage wiring performed by public utilities, except that such portion of the business of those public utilities which involves the installa tion, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter."
Section 9. Said chapter is further amended by striking Code Section 43-14-16, relating to exemptions, and inserting in lieu thereof a new Code section to read as follows:
"43-14-16. (a) This chapter shall not apply to:
(1) The installation, construction, or maintenance of power systems or telecommunica tion systems for the generation or distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code would not be exempt and must be done by an electrical contractor; or
(2) Any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system.
(b) Reserved.
(c) This chapter shall not apply to any individual owner or lessee performing plumbing

TUESDAY, MARCH 7, 1989

1737

or related services upon residential property owned or leased by him and at which he resides.
(d) This chapter shall not apply to regular, full-time employees of an institution, manu facturer, or business which performs plumbing, electrical, low-voltage wiring, utility con tracting, or conditioned air work unless the employer is engaged in the practice of plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air contracting. Such em ployees are only exempt when working on the premises of that employer.
(e) Any person who holds a license issued to him under this chapter may engage in the business of plumbing, electrical contracting, low-voltage contracting, utility contracting, or conditioned air contracting, but only as prescribed by the license, throughout this state; and, except as provided in Code Section 43-14-13, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county.
(f) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or elec trical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(g) This chapter shall not apply to manufactured housing service personnel who:
(1) Couple the electrical connection from the service entrance panel outside the manu factured housing to the distribution panel board inside the manufactured housing;
(2) Connect the exterior sewer outlets to the above-ground sewer system; or
(3) Connect the exterior water line to the above-ground water system.
Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(h) This chapter shall in no way prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level.
(i) Any person qualified by the Department of Transportation to perform utility con tracting for the department shall not be required to be licensed under Code Section 43-148.2 or certified under Code Section 43-14-8.3 in order to perform utility contracting for the department."
Section 10. This Act shall become effective upon necessary appropriations being specifi cally made by the General Assembly to fund this Act.
Section 11. 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 140.

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 Burton Collins Coverdell

Dawkins Deal Dean Echols Edge English Foster Fuller Gillis

Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill

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JOURNAL OF THE SENATE

Olmstead Parker p^rd Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Stumbaugh

Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Clay Coleman Engram (excused)

Fincher Garner Kennedy (presiding) Langford

Peevy Phillips Starr Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 140.

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

SB 198. By Senators English of the 21st and Gillis of the 20th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the definition of certain terms; to change the provisions relating to qualifications of applicants generally; to require appli cants for licensure as apprentice auctioneers or auctioneers to submit bonds; to provide that bonds shall be payable to the commission.

The House amendments were as follows:

Amendment No. 1:

Amend SB 198 by striking in their entirety lines 26 and 27 on page 1 and lines 1 through 20 on page 2, which read as follows:
"(1) 'Apprentice auctioneer' means any person who for compensation or valuable con sideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or en gage in any auctioning activity and who is duly licensed under this chapter. Such term also means any person who conducts the business of auctioning in cases where gross sales do not exceed $2,000.00 per auction and who is duly licensed under this chapter.
(2) 'Auction business' or 'business of auctioning' means the performing of any of the acts of an auctioneer or apprentice auctioneer, to include bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or at tempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, mer chandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale by or at public auction.",
and inserting in lieu thereof the following:
"(1) 'Apprentice auctioneer' means any person who for compensation or valuable con sideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or en gage in any auctioning activity and who is duly licensed under this chapter or any person who is not employed by an auctioneer and who conducts the business of auctioning in cases where gross sales do not exceed $2,000.00 per auction and who is duly licensed under this chapter.
(2) 'Auction business' or 'business of auctioning' means the performing of any of the

TUESDAY, MARCH 7, 1989

1739

acts of an auctioneer or apprentice auctioneer, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction or offering, negotiating, or at tempting to negotiate a listing contract for the sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept
or offered for sale by or at public auction."

Amendment No. 2:

Amend SB 198 by adding in the title on line 9 of page 1, following the semicolon and preceding the words "to repeal", the following:
"to provide that a company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to certain requirements of Code Section 43-6-18;".
By adding between lines 9 and 10 on page 6 a new Section 3 to read as follows:
"Section 3. Said chapter is further amended by adding at the end of Code Section 43-611.1, relating to application for license of company, a new subsection (c) to read as follows:
'(c) A company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to the requirements of paragraph (3) of Code Section 43-6-18.'"
By renumbering the remaining Sections 3 through 6 as Sections 4 through 7, respectively.

Senator English of the 21st moved that the Senate agree to the House amendments to SB 198.

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 Bra nn n
CPou,lr.ltmons, ,, Dawkins jj ea l Echols Edge English Fincher

Foster Fuller Gillis Hammill Harris Howard
JHTouh, gngsionns Kidd, Land Langford Newbill Olmstead Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
SS,, ccoo.tt.tt ooffc 23ocn6dt,,h Starr Stumbaugh Tate Taylor Turner Walker

Those not voting were Senators:

Bowen BClraoyun Coleman Dean

Engram (excused) Garner Kennedy (presiding) McKenzie

Parker Shumake Timmons Tysinger

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JOURNAL OF THE SENATE

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 198.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.
The House substitute to SB 257 was as follows:
A BILL
To be entitled an Act to amend Code Section 42-3-6 of the Official Code of Georgia Annotated, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), so as to increase the amount of such bonds that may be issued; to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction; 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 42-3-6 of the Official Code of Georgia Annotated, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), is amended by strik ing said Code section in its entirety and substituting in lieu thereof a new Code Section 423-6 to read as follows:
"42-3-6. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this chapter, shall have the power and is authorized to provide by resolution for the issuance of negotia ble revenue bonds in a sum not to exceed $100 million for the purpose of paying all or any part of the cost, as defined in paragraph (3) of Code Section 42-3-2, of any one or combina tion of projects. Once a total of $100 million in revenue bonds has been issued, no revenue bonds shall be issued thereafter. The principal and interest of the revenue bonds shall be payable solely from the special fund provided for in this chapter for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates payable semiannually, shall mature at such time or times not exceeding 30 years from their date or dates, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority. They may be made redeemable before maturity, at the option of the authority, 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 the bonds."
Section 2. Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, is amended by striking paragraph (6), which reads as follows:
"(6) To retain any earnings to be used for capital expansion for operating capital in performing the duties and powers provided under this chapter:
(A) In the repair, alteration, erection, and maintenance of industrial buildings and equipment, provided that prior legislative approval for new construction and major capital expenditures is secured; and

TUESDAY, MARCH 7, 1989

1741

(B) For vocational training of inmates without regard to their industrial or other assignments;",
in its entirety and substituting in lieu thereof new paragraphs (6), (6.1), and (6.2) to read as follows:
"(6) To retain its earnings for expenditure upon any lawful purpose of the administration;
(6.1) To conduct vocational training of inmates without regard to their industrial or other assignment;
(6.2) To construct, erect, install, equip, repair, replace, maintain, and operate facilities of every character, consistent with its purposes; provided, however, that the Department of Corrections may not contract with the administration to transfer to it any capital outlay appropriations unless the appropriation was by line item expressly designating such a pur pose; further, the warehouse the construction of which commenced in DeKalb County in 1988 by the administration and all other facilities of the administration presently completed are hereby ratified and approved;".
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 Garner of the 30th moved that the Senate disagree to the House substitute to SB 257.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 257.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 26. By Senator Barnes of the 33rd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority.
The House substitute to SB 26 was as follows:
A BILL
To be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities of a county or counties; to provide a short title; to provide a statement of purpose and authority; to provide for the imposition, collection, payment, and expenditure of additional penalties in certain cases; to provide for the amount of such addi tional penalties; to provide for the payment or posting of additional sums at the time of posting bail or bond in certain cases and the expenditure of such funds; to provide for prac tices, procedures, and requirements relative to such funds; to provide for penalties; to pro vide for a county jail fund; 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. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to

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JOURNAL OF THE SENATE

payment and disposition of fines and forfeitures, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
15-21-90. This article shall be known and may be cited as the 'Jail Construction and Staffing Act.'
15-21-91. This article is enacted pursuant to Article III, Section IX, Paragraph VI of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and cases involving violations of ordinances of political subdivi sions and provides that the proceeds derived therefrom may be used for constructing, oper ating, and staffing of jails, correctional institutions, and detention facilities by counties.
15-21-92. The additional penalties provided for in Code Section 15-21-93 shall not be imposed or collected in any court in any county until the governing authority of the county or counties adopt a resolution placing this article in effect, requiring the imposition and collection of such additional penalties, and agreeing to expend the funds collected for the purposes provided for in this article. The additional penalties provided for in Code Section 15-21-93 shall not be imposed or collected in any municipal court or other court operated by a municipality unless the municipality and county enter into an intergovernmental contract after January 1, 1990, providing for use of the county jail, correctional institution, or deten tion facility by municipal prisoners.
15-21-93. (a) (1) In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court in any county or municipality in which this article has been placed in effect as provided in Code Section 15-21-92 shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of a political subdivision thereof, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine.
(2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this sate or ordinance of a political subdivision thereof, an additional sum equal to 10 percent of the original amount of bail or bond shall be posted. In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court shall order the forfeiture of bail or bond, the additional sum equal to 10 percent of the original bail or bond shall be paid over as provided in Code Section 15-21-94.
(b) Such sums required by subsection (a) of this Code section shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.
15-21-94. (a) The sums provided for in Code Section 15-21-93 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the 'county jail fund.'
(b) Any person whose duty it is to collect and remit the sums provided for in this article who fails or refuses to remit such sums by the date required by this article shall be guilty of a misdemeanor.
15-21-95. Moneys collected pursuant to this article and placed in the county jail fund shall be expended by the governing authority of the county or counties solely and exclu sively for constructing, operating, and staffing county jails, county correctional institutions, and detention facilities of the county or for the purpose of contracting for such facilities with other counties, the state, municipalities, or other political subdivisions as authorized by Article IX, Section III, Paragraph I of the Constitution. The county jail fund and moneys collected pursuant to this article to be placed in the county jail fund may be pledged as

TUESDAY, MARCH 7, 1989

1743

security for the payment of bonds issued for the construction of county jails, county correc tional institutions, and detention facilities of the county or counties. This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of constructing, operating, or staffing jails, correctional institutions, and detention facilities."
Section 2. This Act shall become effective on January 1, 1990.
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 26.

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 Burton Clay Collins Coverdell Dawkins Deal Dean Echols English

Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Bowen Coleman Edge

Engram (excused) Fuller Kennedy (presiding)

Shumake Starr

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 26.

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

SR 211. By Senators Allgood of the 22nd, Gillis of the 20th and Kennedy of the 4th: A resolution creating the Senate Study Committee on DNR Revenues.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Broun

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JOURNAL OF THE SENATE

Burton Clay Collins Coverdell Dawkins
DEceehaaolnls
Edge Fincher Foster Gillis Hammill

Harris Howard Johnson Kidd Land
W MNecwKbeinllzie
Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th
S<S-,ht, uummb,aakuegh,
late Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coleman English

Engram (excused) Fuller Garner Huggins

Kennedy (presiding) Scott of 2nd Starr Taylor

On the adoption of the resolution, the yeas were 44, nays 0.

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

SR 216. By Senators Johnson of the 47th, Scott of the 2nd, Baldwin of the 29th and others:
A resolution creating the Senate Intracounty Toll Charge 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 Barnes Brannon
Broun B^011
^CnCDooa,lvwylei.knridsjnesl,,l j)eal Dean Echols Edge Fincher

Foster Gillis Hammill Harris
Huggins Johnson
KTLTLaaidnndgd,ford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd Ray
SSSo_uhtcuoumtmtb,aoakifueg3h6, th Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Allgood Barker Bowen

Coleman English Engram (excused)

Fuller Garner Howard

TUESDAY, MARCH 7, 1989

1745

Kennedy (presiding) 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.

SR 218. By Senators Garner of the 30th, Stumbaugh of the 55th, Howard of the 42nd and Kennedy of the 4th:
A resolution creating the Senate Study Committee on Rights of Peace Officers While Under Investigation.

The Senate Committee on Public Safety offered the following substitute to SR 218:

A RESOLUTION
Creating the Senate Study Committee on Rights of Peace Officers While Under Investi gation; and for other purposes.
WHEREAS, there are no uniform procedures applicable to peace officers under investi gation for alleged misconduct; and
WHEREAS, punitive actions such as demotions, transfers, or reassignments could be taken against peace officers without any prior notification to such officers; and
WHEREAS, peace officers have been threatened with punitive actions for exercising rights afforded by law, ordinances, or contracts of employment; and
WHEREAS, the interrogation and investigation of peace officers should be undertaken within specific guidelines and under procedures which afford adequate due process to such officers; and
WHEREAS, a study needs to be undertaken to determine the feasibility of establishing processional criteria under state law for the receipt and processing of complaints against peace officers.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee on Rights of Peace Officers While Under Investigation to be com posed of the chairman and members of the Senate Public Safety Committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1989. The committee shall stand abol ished on December 1, 1989.

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 adoption of the resolution by substitute, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon Broun Burton CCloalylins Coverdell Dawkins
Deal Dean Echols Edge

English Fincher Foster Garner Gillis Hammill Harris JKoihdndson Land Langford
McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of I0th Ragan of 32nd ^ 0Sco.t,t of,. 3,,6,.t,h Shumake btumbaugh
Tate Taylor Turner Walker

Those not voting were Senators:

Allgood Bowen Coleman Engram (excused)

Fuller Howard Huggins Kennedy (presiding)

Scott of 2nd Starr Timmons Tysinger

On the adoption of the resolution, the yeas were 44, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 142. By Senators Turner of the 8th, Bowen of the 13th and Ragan of the 10th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fourth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.

The House amendment was as follows:

Amend SB 142 by striking the words "an effective date" on line 17 of page 1 and in serting in lieu thereof the following:
"a conditional effective date".
By striking Section 13 and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appro priating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act."

TUESDAY, MARCH 7, 1989

1747

Senator Turner of the 8th moved that the Senate agree to the House amendment to SB 142.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Brannon Broun
|?urton nCCoo^vlhenrds ell Dawkins Deal Dean Echols Edge Fincher

Foster Garner Gillis
Hammill Harris
Huggins LTLaanngdf,ord, McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th
Ragan of 32nd Ray
Scott of 36th S0Shtaurmr ake Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Barker BBCoaorwlenemensan English

Engram (excused) Fuller Howard Johnson

Kennedy (presiding) Kidd Scott of 2nd Tysinger

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 142.

The following general bill of the House, having been read the third time and final ac tion suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 154. By Representatives Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions re lating to state minimum standard codes; to change the definition of the term "state minimum standard codes".
Senate Sponsors: Senators Dawkins of the 45th and Baldwin of the 29th.

The substitute to HB 154 offered by Senator Baldwin of the 29th and adopted as amended by the amendment offered by Senator Tysinger of the 41st on March 6, as they
appear in the Journal of March 6, was automatically reconsidered and put upon its adoption.

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 by substitute as amended.

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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 Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Dean

Echols Edge Fincher Foster Gillis Hammill Harris Howard Huggins Kidd Land Langford McKenzie Newbill

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

Those not voting were Senators:

Bowen
Deal English Engram (excused)
Fuller

Garner
Johnson Kennedy (presiding) Parker
Scott of 2nd

Scott of 36th Tate
Tysmger Walker

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

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

The following general bill of the House, having been read the third time and final ac tion suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 601. By Representative McDonald of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a handicapped identification card; to provide for definitions; to provide for certain information contained on such card; to provide for application and renewal; to provide for rules and regula tions; to provide for proof of birth date.
Senate Sponsor: Senator Pollard of the 24th.

The substitute to HB 601 offered by Senator Pollard of the 24th on March 6, as it appears in the Journal of March 6, was automatically reconsidered and put upon its adoption.

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, was agreed to by substitute.

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

TUESDAY, MARCH 7, 1989

1749

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Echols Edge

English Fincher Foster Garner Gillis Hammill Harris Howard Huggins Kidd Land McKenzie Newbill Olmstead

Parker Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Dawkins Deal Dean Engram (excused)

Fuller Johnson Kennedy (presiding) Langford Peevy

Phillips Scott of 2nd Shumake Starr Walker

On the passage of the bill, the yeas were 41, nays 0.

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

The following general bill of the House, having been read the third time and final ac tion suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 166. By Representative Birdsong of the 104th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools so as to prohibit the up braiding, insulting, or abusing of any public school teacher or public school bus driver upon the premises of any public school in the presence and hearing of a pupil thereof.
Senate Sponsor: Senator Ray of the 19th.

The following substitute to HB 166, which is the substitute offered by the Senate Com mittee on Education and adopted as amended by the amendment offered by Senator Shumake of the 39th on March 6, as they appear in the Journal of March 6, was automati cally reconsidered and put upon its adoption:

A BILL
To be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to prohibit the upbraiding, insulting, or abusing of any public school teacher, public school administrator, or public school bus driver in the presence and hearing of a pupil while on the premises of any public school or school bus; to prohibit pupils from disrupting classes by carrying elec tronic communication devices while in school; to provide for exceptions; to provide penal ties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,

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JOURNAL OF THE SENATE

relating to loitering at or disrupting schools, is amended by adding at the end thereof a new Code Section 20-2-1182 to read as follows:
"20-2-1182. Any parent, guardian, or person other than a student at the public school in question who has been advised that minor children are present and who continues to up braid, insult, or abuse any public school teacher, public school administrator, or public school bus driver in the presence and hearing of a pupil while on the premises of any public school or public school bus may be ordered by any of the above-designated school personnel to leave the school premises or school bus, and upon failure to do so such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00."
Section 2. Said article is further amended by adding at the end thereof a new Code Section 20-2-1183 to read as follows:
"20-2-1183. (a) No area, county, or independent board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education.
(b) Any student found in violation of the provisions of this Code section shall be subject to in-school suspension, suspension, or expulsion."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Langford of the 35th offered the following amendment:

Amend the substitute to HB 166 by striking on page 2, line 13, the following:
", suspension, or expulsion".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Dean Echols Edge

English Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger

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1751

Those not voting were Senators:

Bowen Deal Engram (excused)

Fincher Hammill Kennedy (presiding)

Starr Walker

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

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

The following resolution of the Senate was taken up for the purpose of considering the House amendments thereto:

SR 99. By Senator Foster of the 50th:
A resolution creating the Joint Georgia Military College Study Committee to study the relationship of the State of Georgia to Georgia Military College for the purpose of making recommendations on future policy and funding directions.

The House amendments were as follows:

Amendment No. 1: Amend SR 99 by striking from line 7, page 3, the figure "10" and inserting in lieu
thereof "5". Amendment No. 2:
Amend SR 99 as follows: Strike the number "10" on page 3, line 7 and add "5"; Strike the word "Co-Chairmen" on page 3, line 9 and add the word "Chairman".

Senator Foster of the 50th moved that the Senate agree to the House amendments to SR 99.

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 Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill

Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Bowen Engram (excused) Kennedy (presiding)

Langford Peevy Starr

Taylor Walker

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On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SR 99.
The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:
SR 92. By Senators Foster of the 50th, Deal of the 49th, Tysinger of the 41st and others: A resolution creating the Joint Study Committee on Public School Freedom of Choice.
The House amendment was as follows:
Amend SR 92 as follows: On page 3, line 24 change the word "ten" to "five".
Senator Foster of the 50th moved that the Senate agree to the House amendment to SR 92.
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 Burton Clay Coleman Collins Coverdell Dawkins Dean Echols

Edge English Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Kidd Land Langford McKenzie Olmstead

Those not voting were Senators:

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger

Bowen Deal Engram (excused) Garner

Johnson Kennedy (presiding) Newbill Scott of 2nd

Starr Stumbaugh Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 92.

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1753

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

HB 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Natural Resources offered the following substitute to HB 719:

A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to authorize local governmental entities to mandate within their respective jurisdictions the retail sale of low phosphorus household laundry detergents under certain circumstances; to provide for ordinances and the contents thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," is amended by adding, following Code Section 12-5-27, a new Code Section 12-5-27.1 to read as follows:
"12-5-27.1. Whenever a local governmental entity is required by the division to reduce phosphorus in its wastewater being discharged into the waters of the state, that local gov ernmental entity is required to consider within its jurisdiction the retail sale of low phos phorus household laundry detergents as a portion of their phosphorus reduction process and when shown to be a cost-effective component of the phosphorus reduction plan the local governmental entity shall mandate the retail sale of low phosphorus household laundry de tergent after the division's approval of the local governmental entity plan. Such local gov ernmental entity shall accomplish such a mandate by passing a local ordinance to become effective in six months of the passage of the local ordinance. Such ordinance shall place a limit of 0.5 percent of phosphorus by weight which may be allowed in household laundry detergents."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Broun Burton Clay Coleman Collins Coverdell

Dawkins Deal Dean Echols Edge English Fincher Foster

Fuller Garner Gillis Hammill Harris Howard Huggins Johnson

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Kidd Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd

Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger

Voting in the negative was Senator Albert.

Those not voting were Senators:

Barker
Barnes Bowen Brannon

Engram (excused) Kennedy (presiding) Langford

Taylor Timmons Walker

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

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

HB 58. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the issu ance of a special pharmacy permit for pharmacies operated by colleges of phar macy and provide for rules and regulations relating thereto.
Senate Sponsor: Senator Howard of the 42nd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes ^roun ^U1r,ton
^Co01verdjel,,l Dawkins
Dean Echols Edge English Fincher

Foster Fuller Gillis
Hammill Harris Huggins
J.o..h,n,son Kldd Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray
S,,,cott o.f 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brannon

Clay Coleman Engram (excused)

Garner Howard Kennedy (presiding)

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1755

Langford Scott of 2nd

Taylor

Timmons

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

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

HB 123. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the provisions regarding notices of foreclosure of the right to redeem; to change the provisions regarding ripening of tax deed titles by prescription.
Senate Sponsor: Senator Clay of the 37th.

Senator Clay of the 37th offered the following amendment:

Amend HB 123 by striking on page 3, line 9, "in paragraph (2)" and inserting "in para graph (3)" instead.

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes B/0TM B urton CColalylins Coverdell
Dawkins Deal Dean Echols Fincher

Foster Fuller Gillis Hammill
Harris Howard Hu5lns JKoihdndson Land
McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of ioth
Ragan of 32nd Scott of 2nd Scott of 36th S,,,humak. e Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Brannon Coleman Edge

English Engram (excused) Garner Kennedy (presiding)

Langford Ray Starr Walker

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

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

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HR 162. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution creating the Access to Health Care Commission.
Senate Sponsor: Senator Howard of the 42nd.
The Senate Committee on Human Resources offered the following substitute to HR 162:
A RESOLUTION
Creating the Access to Health Care Commission; and for other purposes.
WHEREAS, concern has long been expressed that health care should be widely availa ble and not unfairly denied to those in need; and
WHEREAS, in Georgia it is estimated that one in five residents have no health care coverage and therefore have limited access to needed health care service; and
WHEREAS, the state recognizes the increasing severity of the problem of access to health care in Georgia as well as its responsibility in helping to provide and finance health care for all residents; and
WHEREAS, the increasing burden of uncompensated care is endangering the financial stability of the state's community hospitals and other providers; and
WHEREAS, it has become increasingly difficult for providers to shift the cost of un compensated care to business, insurers, or property tax payers; and
WHEREAS, the complexity of addressing this problem requires a thorough study of all available options.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Access to Health Care Commission which shall be ap pointed by May 1, 1989, and be composed of 29 members as follows:
(1) Three members of the Senate appointed by the President of the Senate. One of such members shall be chosen from the membership of the committee on Human Resources and one of such members shall be chosen from the Committee on Insurance;
(2) Three members from the House of Representatives appointed by the Speaker of the House of Representatives. One of such members shall be chosen from the membership of the Committee on Health and Ecology and one shall be chosen from the Committee on Insurance;
(3) The director, or designee thereof, of the Governor's Office of Management and Budget;
(4) The executive director, chairman, or designee thereof of the Business Council of Georgia;
(5) The executive director, chairman, or designee thereof of the Georgia Association of Health Care Coalitions;
(6) The executive director, chairman, or designee thereof of Blue Cross and Blue Shield of Georgia, Inc.;
(7) One representative of commercial insurance carriers appointed by the Governor;
(8) Three hospital chief administrative officers selected by the Georgia Hospital Associ ation, at least one of whom shall be from the proprietary sector, one to be appointed from a rural community, and one from an urban community;
(9) Two county commissioners selected by the Association of County Commissioners of Georgia, one to be appointed from a rural community and one from an urban community;

TUESDAY, MARCH 7, 1989

1757

(10) One representative of the medical community to be selected by the Medical Associ ation of Georgia;
(11) The executive director, chairperson, or designee thereof of the Georgia Association for Primary Health Care;
(12) One knowledgeable representative of organizations working to improve health care for Georgia residents selected by Georgia Indigent Legal Services;
(13) The commissioner, or designee thereof, of the Department of Human Resources;
(14) The commissioner, or designee thereof, of the Department of Medical Assistance;
(15) The executive director, or designee thereof, of the State Health Planning Agency;
(16) One representative to be selected by the Georgia State Medical Association;
(17) One representative to be selected by the American Association of Retired Persons (AARP);
(18) One representative to be selected by the State Health Policy Council;
(19) One representative to be selected by the Rural Health Care Association;
(20) One representative to be selected by the Georgia Nurses Association; and
(21) One representative to be selected by the Georgia Organization of Nurse Executives.
The Governor shall appoint one additional member of the commission to serve as the chair man of the commission and the commission shall meet upon the call of the chairman. The membership may elect such other officers as it deems advisable and shall establish such rules as it deems necessary.
BE IT FURTHER RESOLVED that the commission shall study the problem of access to health care for all Georgians. It shall review existing laws and programs including Medicaid and other alternatives to determine factors limiting health care access. It shall investi gate alternatives for removing barriers to access. The commission may hold hearings, con duct investigations, and take any other action necessary or desirable to collect data and obtain information.
BE IT FURTHER RESOLVED that the commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exer cise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members shall receive the expenses and allowances authorized for legislative members of interim legislative committees. Members of the com mission who are employees of the state shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the perform ance of their duties as members of the commission. The funds necessary for the reimburse ment of the expenses of any state employee, other than legislative members, shall come from funds appropriated to or otherwise available to the respective department of that em ployee. All other funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The commission shall make a pre liminary report of its findings and recommendations to the General Assembly and the Gov ernor on December 1, 1989, and a final report on December 1, 1990. The commission shall stand abolished on December 1, 1990.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Baldwin Barker Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols English Fincher

Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators:

Albert Barnes Bowen Brannon
Coverdell

Edge Engram (excused) Garner Kennedy (presiding)
Langford

Phillips StaiT
Taylor Turner

On the adoption of the resolution, the yeas were 42, nays 0.

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

HB 370. By Representatives Cummings of the 17th, Benefield of the 72nd, Robinson of the 96th, Hamilton of the 124th and others:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that cer tain absences for religious holidays shall not be charged against sick leave.
Senate Sponsor: Senator Barnes of the 33rd.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Clay Collins Deal Dean Echols Edge English Fincher

Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Walker

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1759

Those not voting were Senators:

Albert Bowen Brannon Coleman
Coverdell

Dawkins Engram (excused) Garner Kennedy (presiding)
Land

Shumake Starr
Turner Tysinger

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

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

HB 70. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for condi tions, procedures, and requirements relating thereto.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following substitute to HB 70:

A BILL
To be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legis lative intent; to authorize the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for conditions, procedures, and requirements relating thereto; to provide for situations in which no acceptable bids are re ceived; to provide that the department may refuse to reimburse certain drug manufacturers; to provide for statutory construction; to provide for establishing one supplier or one price for certain drugs; to provide for other rebates; to provide for verification, audits, and adjust ments; to provide for the applicability of certain other laws; to provide for penalties and sanctions; 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 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding after Code Section 494-152 a new Code section to read as follows:
"49-4-152.1. (a) The General Assembly finds that the department frequently must pay more for prescription drugs furnished to recipients of medical assistance under this article than certain health care providers pay for the same products. In order to control more effec tively the costs of such drugs, the department may establish a Medicaid Prescription Drug Bidding and Rebate Program as provided in this Code section.
(b) The department may request sealed bids from prescription drug manufacturers for both brand name and generic equivalent prescription drugs specified by the department. The bids shall be proposed agreements by these manufacturers to adjust prices of drugs specified by the department to a price designated as the bid price when those drugs are supplied to recipients of medical assistance under this article. If the department has ac cepted a bid for a drug under this Code section, the department may not reimburse a pro vider of such drug for any equivalent drug not so successfully bid during the term of the contract awarded with regard to the drug so bid. The department may elect not to reim-

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burse for any multisource drugs of a drug manufacturer which does not participate in the bid process or which bids prices considered excessive by the department.
(c) All prescription drugs for which bids are submitted must meet applicable standards of the U.S. Pharmacopoeia, the State Board of Pharmacy, and be guaranteed as meeting all requirements, regulations, and comparison data under the Federal Food, Drug, and Cos metic Act and the regulations thereunder. The manufacturer of a drug which is bid must have an FDA approved New Drug Application or an abbreviated New Drug Application and must have a product liability insurance policy extending to pharmacy providers under this article, but the policy may condition coverage thereunder upon the provider's complying with all applicable federal and state laws and regulations promulgated thereunder.
(d) Nothing in this Code section shall be construed to change the practice of pharma cies having provider agreements under this article with respect to their purchases and sales of and reimbursements for drugs furnished to recipients of medical assistance under this article. Adjustment rebates shall be made by the successfully bidding drug manufacturer to the department and be paid quarterly to the department.
(e) In the event no acceptable bids are received for a drug for which a request for bid was made, the department may select a single drug supplier for the drug or establish one price for such drug which the department will reimburse therefor, but this shall not restrict the department from establishing one price for any drug upon which the department does not request bids.
(f) Except when in conflict with this Code section, Article 3 of Chapter 5 of Title 50, relating to state purchases by the Department of Administrative Services, shall apply to bidding and purchasing of prescription drugs by the department pursuant to this Code sec tion. The prohibitions against financial interest in Code Section 50-5-78 shall be applicable to the commissioner and other employees of the department and any violation thereof pun ishable as provided in subsection (d) of that Code section. Contracts for the purchase of prescription drugs made in violation of this Code section shall be void and of no effect and liability therefor shall be the same as that provided in Code Section 50-5-79.
(g) The department is authorized to accept rebates from any drug manufacturer for providing information to that manufacturer regarding utilization by Medicaid recipients of that manufacturer's drugs as long as the anonymity of the recipients is maintained. The department is further authorized to verify and audit claims for reimbursement for drugs successfully bid, provide the manufacturers thereof with the information so obtained, and to adjust the department's claim for rebates based upon that information.
(h) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, 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:

Allgood Baldwin Barker

Barnes Broun Burton

Clay Collins Coverdell

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1761

Dawkins Deal Dean Echols Edgf. , English FFionsctehrer
Fuller Gillis Hammill Harris Howard

Huggins Johnson Kidd Land J Langford McKenzie NOelmwsbtiellad
Parker Peevy Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Q, , ^StuUmTbakuegh.
Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon

Coleman Engram (excused) Garner

Kennedy (presiding) Starr Turner

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 Howard of the 42nd moved that HB 70 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 70 was immedi ately transmitted to the House.

HB 306. By Representatives Alien of the 127th and Pannell of the 122nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Eastern Judicial Circuit of Georgia.
Senate Sponsor: Senator Scott of the 2nd.

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Johnson Kidd Land Langford

Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake

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Stumbaugh Tate

Timmons Tysinger

Walker

Those not voting were Senators:

Albert Allgood Bowen Brannon

Broun Engram (excused) Huggins Kennedy (presiding)

McKenzie Starr Taylor Turner

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

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

HB 124. By Representative Smith of the 78th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding conveyances to se cure debt and bills of sale, so as to require that mailing addresses of grantees and transferees of deeds to secure debt be included upon such deeds or transfers in order for them to be recorded.
Senate Sponsor: Senator Clay of the 37th.

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Burton la y C eman
^CDooalvwlelknridjnesl,,l
Deal D ean Echols Edge English Fincher

Foster Fuller Garner Gillis Hammill Harris
JHToh, wTMarodn
Kldd Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
SS,, ccoo.tt.tt ooff. 23,,,,n6,dt,h
Starr Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators:

Albert AUgood Bowen Brannon Broun

Engram (excused) Huggins Kennedy (presiding) Land

McKenzie Shumake Taylor Turner

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

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

TUESDAY, MARCH 7, 1989

1763

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 267. By Senators Stumbaugh of the 55th, Taylor of the 12th, Dawkins of the 45th and Tysinger of the 41st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.
The House substitute to SB 267 was as follows:
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 for creation of the Georgia Health Insurance Trust Fund; to provide for a short title; to provide for definitions; to provide for operation of the fund; to provide for a board of trustees; to provide for powers and duties of the board; to provide for powers and duties of the Commissioner of Insurance; to provide for eligibility; to provide for selection of an administrator of the fund; to provide for duties and powers of the administrator; to provide for submission to the board of reports regarding operation of the fund; to provide for availability of benefits; to provide for covered services; to provide for exclusions; to provide for premiums, deductibles, and coinsurance; to provide for exclusion of preexisting conditions for certain time periods; to provide for nonduplication of benefits; to provide that certain actions of the fund or the board shall not be the basis for any legal action; to authorize appropriations to the fund; to exempt the fund from all state and local taxes; to provide conditions; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end thereof a new Chapter 43 to read as follows:
"CHAPTER 43
33-43-1. This chapter shall be known and may be cited as the 'Georgia Health Insur ance Trust Fund.'
33-43-2. As used in this chapter, the term:
(1) 'Accident and sickness insurance' means that type of insurance as defined in Code Section 33-7-2 but does not include short-term disability, fixed indemnity, limited benefit, or credit insurance coverage issued as a supplement to liability insurance, insurance arising out of a workers' compensation or similar law, automobile medical payment insurance, or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent selfinsurance.
(2) 'Benefits plan' means the coverages to be offered by the fund to eligible persons pursuant to Code Section 33-43-7.
(3) 'Board' means the board of trustees of the fund.
(4) 'Commissioner' means the Commissioner of Insurance.
(5) 'Department' means the Department of Insurance.
(6) 'Fund' means the Georgia Health Insurance Trust Fund as created in Code Section 33-43-3.

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(7) 'Health maintenance organization' means any organization authorized to transact business in this state pursuant to Chapter 21 of this title.
(8) 'Hospital' means any institution or medical facility as defined in Code Section 31-71.
(9) 'Insurance arrangement' means any plan, program, contract, or any other arrange ment under which one or more employers, unions, or other organizations provide to their employees or members, either directly or indirectly through a trust or third-party adminis trator, health care services or benefits other than through an insurer and which is not sub ject to the exclusive jurisdiction of the federal government.
(10) 'Insured' means any individual resident of this state who is eligible to receive bene fits from any insurer or insurance arrangement as denned in this Code section.
(11) 'Insurer' means any insurance company authorized to transact accident and sick ness insurance business in this state, any nonprofit medical service corporation, any non profit hospital service corporation, any health care plan, and any health maintenance organ ization authorized to transact business in this state.
(12) 'Medicare' means coverage under both Parts A and B of Title XVIII of the Social Security Act, 42 USC 1395, et seq., as amended.
(13) 'Physician' means a person licensed to practice medicine under Chapter 34 of Title 43.
(14) 'Plan of operation' means the plan of operation of the fund, including articles, bylaws, and operating rules adopted by the board pursuant to Code Section 33-43-3.
33-43-3. (a) There is created a nonprofit entity to be known as the 'Georgia Health Insurance Trust Fund' which shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in accordance with this chapter. The board of trustees of the fund shall be authorized to invest the moneys of the fund in the same manner as provided by law for investments of domestic insurers.
(b) There is created a board of trustees of the Georgia Health Insurance Trust Fund to be composed of nine members appointed as provided in this subsection. The Commissioner shall appoint, with the approval of the Governor, two members who shall represent domestic insurers licensed to transact accident and sickness insurance in this state, one member who shall represent a domestic nonprofit health care service plan, and one member who shall be a hospital administrator. The Governor shall appoint one member who shall be a consumer, one member who shall represent employers who have more than 25 employees, one member who shall represent employers who have less than 25 employees, one member who shall represent health maintenance organizations, and one member who shall be a licensed physi cian. The Commissioner shall serve as an ex officio member of the board. All members of the board shall serve for terms of six years, except the Commissioner whose term shall be con current with his term of office as Commissioner. The board shall select one of its members to serve as chairman. The members of the board of trustees shall be required to take and subscribe before the Governor an oath to discharge the duties of their office faithfully and impartially. This oath shall be in addition to the oath required of all civil officers.
(c) The board of trustees shall establish a plan of operation for the fund and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable ad ministration of the fund. The plan of operation and any amendments thereto shall be sub mitted to the Commissioner for his evaluation and he shall make recommendations to the board of trustees if he feels revisions are required to assure the fair, reasonable, and equita ble administration of the fund. The plan of operation shall become effective upon approval of the plan in writing by the Commissioner.
(d) In the plan of operation the trustees shall:
(1) Establish procedures for the handling and accounting of assets and moneys of the fund;

TUESDAY, MARCH 7, 1989

1765

(2) Select an administrator, which shall be an insurer licensed to transact accident and sickness insurance in this state, in accordance with Code Section 33-43-5;
(3) Establish procedures for filling vacancies on the board of trustees;
(4) Establish a fixed benefit schedule for the payment of benefits and cost containment features designed to assist in controlling the costs of the fund; and
(5) Develop and implement a program to publicize the existence of the fund, the eligi bility requirements, and procedures for enrollment and to maintain public awareness of the fund.
(f) The fund shall have the general powers and authority granted under the laws of this state to insurance companies licensed to transact accident and sickness insurance as defined under Code Section 33-43-2 and, in addition thereto, the specific authority to:
(1) Enter into contracts as are necessary or proper to carry out the provisions and pur poses of this chapter, including the authority to enter into contracts with similar funds or pools of other states for the joint performance of common administrative functions or with persons or other organizations for the performance of administrative functions;
(2) Bring or defend actions;
(3) Take such legal action as necessary to avoid the payment of improper claims against the fund or the coverage provided by or through the fund;
(4) Establish appropriate rates, rate schedules, rate adjustments, expense allowances, agents' referral fees, claim reserve formulas, and any other actuarial functions appropriate to the operation of the fund. Rates and rate schedules may be adjusted for appropriate risk factors such as age and area variation in claim cost and shall take into consideration appro priate risk factors in accordance with established actuarial and underwriting practices;
(5) Issue policies or certificates of insurance coverage in accordance with the require ments of this chapter; and
(6) Establish rules, conditions, and procedures for reinsurance of risks of the fund.
33-43-4. (a) Any individual person who has been a resident of this state for at least six months prior to the application for coverage shall be eligible for fund coverage, except the following:
(1) Any person who is at the time of fund application eligible for health care benefits under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977';
(2) Any person having terminated coverage in the fund unless 12 months have elapsed since such termination;
(3) Any person on whose behalf the fund has paid out $250,000.00 in benefits; and
(4) Inmates of public institutions and persons eligible for public programs.
(b) Any person who ceases to meet the eligibility requirements of this Code section may be terminated at the end of the policy period.
(c) Any eligible person may apply for coverage under the fund. If such coverage is ap plied for within 30 days after the involuntary termination of previous accident and sickness insurance coverage and if premiums are paid to the fund for the entire coverage period to be issued, the effective date of the coverage under the fund shall be the date of termination of the previous coverage.
33-43-5. (a) The board shall select an insurer through a competitive bidding process to administer claims payments of the fund. The board shall evaluate bids submitted based on criteria established by the board which shall include:
(1) The insurer's proven ability to handle individual accident and sickness insurance;
(2) The efficiency of the insurer's claim-paying procedures;

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JOURNAL OF THE SENATE

(3) An estimate of total charges for administering the fund; and
(4) The insurer's ability to administer the pool in a cost-efficient manner.
(b) (1) The administrator shall serve for a period of three years subject to removal for cause.
(2) At least one year prior to the expiration of each three-year period of service by the administrator, the board shall invite all insurers, including the insurer serving as the current administrator, to submit bids to serve as the administrator for the succeeding three-year period. Selection of the administrator for the succeeding period shall be made at least six months prior to the end of the current three-year period.
(c) (1) The administrator shall perform all eligibility and administrative claims pay ment functions relating to the fund.
(2) The administrator shall establish a premium billing procedure for collection of pre miums from insured persons. Billings shall be made on a periodic basis as determined by the board.
(3) The administrator shall perform all necessary functions to assure timely payment of benefits to covered persons under the fund including:
(A) Making available information relating to the proper manner of submitting a claim for benefits to the fund and distributing forms upon which such submission shall be made; and
(B) Evaluating the eligibility of each claim for payment by the fund.
(4) The administrator shall submit to the board regular reports regarding the operation of the fund. The frequency, content, and form of the reports shall be as determined by the board.
(5) Following the close of each calendar year, the administrator shall determine net written and earned premiums, the expense of administration, and the paid and incurred losses for the year and report this information to the board and the department on a form as prescribed by the Commissioner.
(6) The administrator shall be paid as provided in the plan of operation for its expenses incurred in the performance of its services.
33-43-6. (a) Following the close of each fiscal year, the fund administrator shall deter mine the net premiums, which shall be total premiums less administrative expense al lowances, the pool expenses of administration, and the incurred losses for the year, taking into account investment income and other appropriate gains and losses, and shall report such information to the board of trustees.
(b) The board of trustees may revise the fixed schedule of benefits provided under the fund as necessary to ensure that the fund maintains adequate resources for continued operation.
33-43-7. (a) The fund shall offer major medical expense coverage to every eligible per son. Major medical expense coverage offered by the fund shall pay an eligible person's cov ered expenses, subject to limits on the deductible and coinsurance payments authorized under paragraph (3) of subsection (d) of this Code section, up to an annual limit of $25,000.00 and up to a lifetime limit of $250,000.00 per covered individual. The annual limit and maximum lifetime limit provided under this subsection shall not be altered by the board, and no actuarial equivalent benefit may be substituted by the board.
(b) As used in this Code section, the term 'covered expenses' shall mean the scheduled benefits established for the following services and articles when prescribed by a physician and determined by the board to be medically necessary:
(1) Hospital services;
(2) Professional services for the diagnosis or treatment of injuries, illnesses, or condi-

TUESDAY, MARCH 7, 1989

1767

tions, other than mental or dental, which are rendered by a physician or by other licensed professionals at his direction;
(3) Drugs requiring a physician's prescription;
(4) Services of a licensed skilled nursing facility for not more than 120 days during a policy year;
(5) Services of a home health agency for not more than 50 services during a policy year;
(6) Use of radium or other radioactive materials;
(7) Oxygen;
(8) Anesthetics;
(9) Prostheses other than dental;
(10) Rental of durable medical equipment, other than eyeglasses and hearing aids, for which there is no personal use in the absence of the conditions for which is prescribed;
(11) Diagnostic X-rays and laboratory tests;
(12) Oral surgery for excision of partially or completely unerupted, impacted teeth or for the gums and tissues of the mouth when not performed in connection with the extrac tion or repair of teeth;
(13) Services of a physical therapist;
(14) Transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition; and
(15) Services for diagnosis and treatment of mental and nervous disorders, provided that an insured shall be required to make a 50 percent copayment and that the payment of the pool shall not exceed $4,000.00 during a policy year for outpatient psychiatric treatment.
(c) Covered expenses shall not include the following:
(1) Any charge for treatment for cosmetic purposes other than surgery for the repair or treatment of an injury or a congenital bodily defect to restore normal bodily functions;
(2) Care which is primarily for custodial or domicilliary purposes;
(3) Any charge for confinement in a private room to the extent it is in excess of the institution's charge for its most common semiprivate room, unless a private room is pre scribed as medically necessary by a physician;
(4) That part of any charge for services rendered or articles prescribed by a physician, dentist, or other health care personnel which exceeds the scheduled benefits established by the board or for any charge not medically necessary;
(5) Any charge for services or articles the provision of which is not within the scope of authorized practice of the institution or individual providing the services or articles;
(6) Any expense incurred prior to the effective date of coverage by the fund for the person on whose behalf the expense is incurred;
(7) Dental care except as provided in paragraph (12) of subsection (b) of this Code section;
(8) Eyeglasses and hearing aids;
(9) Illness or injury due to acts of war;
(10) Services of blood donors and any fee for failure to replace the first three pints of blood provided to an eligible person each policy year; and
(11) Personal supplies or services provided by a hospital or nursing home or any other nonmedical or nonprescribed supply or service.

1768

JOURNAL OF THE SENATE

(d) (1) Separate schedules of premium rates based on age, sex, and geographical loca tion may apply for individual risks.
(2) The board of trustees shall determine the standard risk rate by calculating the aver age individual standard rate charged by the five largest insurers offering coverages in the state comparable to the fund coverage. In the event five insurers do not offer comparable coverage, the standard risk rate shall be established using reasonable actuarial techniques and shall reflect anticipated experience and expenses for such coverage. Initial rates for fund coverage shall not be less than 125 percent of rates established as applicable for indi vidual standard risks. Subsequent rates shall be established to provide fully for the expected costs of claims, including recovery of prior losses, expenses of operation, investment income of claim reserves, and any other cost factors subject to the limitations described in this chapter; provided, however, that in no event shall fund rates exceed 175 percent of rates applicable to individual standard risks. All rates and rate schedules shall be submitted to the Commissioner for his review and evaluation and he may make recommendations to the board concerning rates for fund coverage.
(3) The fund coverage defined in this Code section shall provide optional deductibles of $500.00 or $1,500.00 per annum per individual and coinsurance of 20 percent, such coinsur ance shall have a maximum of $2,000 per individual or $4,000 per family per annum. The deductibles and coinsurance factors may be adjusted annually according to the Medical Component of the Consumer Price Index.
(e) Fund coverage shall exclude charges or expenses incurred during the first 12 months following the effective date of coverage as to any condition which during the six-month pe riod immediately preceding the effective date of coverage:
(1) Had manifested itself in such a manner as would cause an ordinarily prudent person to seek diagnosis, care, or treatment; or
(2) For which medical advice, care, or treatment was recommended or received.
Such preexisting condition exclusions shall be waived to the extent to which similar exclu sions, if any, have been satisfied under any prior accident and sickness insurance coverage which was involuntarily terminated, provided that application for pool coverage is made not later than 30 days following such involuntary termination, and in such case, coverage in the fund shall be effective from the date on which such prior coverage was terminated.
(f) (1) Benefits otherwise payable under fund coverage shall be reduced by all amounts paid or payable through any other accident and sickness insurance or insurance arrange ment and by all hospital and medical expense benefits paid or payable under any workers' compensation coverage, automobile medical payment, or liability insurance, whether pro vided on the basis of fault or no-fault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law or program except Medicaid.
(2) The administrator or the board of trustees of the fund shall have a cause of action against an eligible person for the recovery of the amount of benefits paid which are not coverage expenses. Benefits due from the fund may be reduced or refused as a setoff against any amount recoverable under this paragraph.
33-43-8. The establishment of rates, forms, procedures, or fixed schedules of benefits or any other similar action required by this chapter shall not be the basis of any legal action, criminal or civil liability, or penalty against the fund or the board of trustees of the fund.
33-43-9. The fund established pursuant to this chapter shall be exempt from any and all taxes levied by this state or any of its political subdivisions.
33-43-10. (a) The fund shall be authorized to receive donations or gifts from individu als, private organizations, foundations, or other sources and shall be authorized to receive state funds or any federal funds which may become available.
(b) The General Assembly shall be authorized, but in no event shall be required, to appropriate moneys to the fund."

TUESDAY, MARCH 7, 1989

1769

Section 2. This Act shall become effective on January 1, 1991, but shall only become effective on that date if an amendment to the Constitution which authorizes the establish ment of the Georgia Health Insurance Trust Fund is enacted and ratified by the voters at the general election held in 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Stumbaugh of the 55th moved that the Senate disagree to the House substitute to SB 267.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 267.

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

HB 194. By Representatives Buck of the 95th, Robinson of the 96th and Steele of the 97th:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupational taxes generally, so as to exempt marriage and family therapists from the levy of any license, occupation, or professional tax by counties and municipalities.
Senate Sponsors: Senators McKenzie of the 14th and Parker of the 15th.

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

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

Those voting in the affirmative were Senators:

Barker Barnes Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Fincher Foster Fuller Gillis Harris Huggins Kidd Land Langford Newbill Olmstead Parker Peevy

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

Voting in the negative were Senators Hammill and Scott of the 2nd.

Those not voting were Senators:

Albert Allgood Baldwin Bowen Brannon

Broun Engram (excused) Garner Howard Johnson

Kennedy (presiding) McKenzie Pollard Shumake Walker

On the passage of the bill, the yeas were 39, nays 2.

1770

JOURNAL OF THE SENATE

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

HR 104. By Representative Heard of the 43rd: A resolution designating the Joel Cowan Parkway. Senate Sponsors: Senators Engram of the 34th and Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

Baldwin Barnes Burton Clay Coleman
Doalwllk"ms s Deal Dean
Echols Edge English Fincher Foster

Fuller Gillis Hammill Harris Howard
"Kiudldfns Land Langford
Newbill Olmstead Parker Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th
S,, humake ^arr . Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Allgood Barker Bowen Brannon

Broun Coverdell Engram (excused) Garner Johnson

Kennedy (presiding) McKenzie Pollard Scott of 2nd Walker

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

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

HR 242. By Representative Birdsong of the 104th: A resolution designating the Lightwood Knot Bridge. Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun

Burton Clay Coleman Collins Coverdell

Dawkins Deal Dean Echols Edge

TUESDAY, MARCH 7, 1989

1771

English Pincher Foster Fuller
aTMer GHlallmlSmill Harris Howard Huggins Johnson Kidd

Land Langford McKenzie Olmstead
Parker ?,, "* Perrv Phillips Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Starr
Stumbaugh rIr>a4*. Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Albert Bowen

Brannon Engram (excused)

Kennedy (presiding) Pollard

On the adoption of the resolution, the yeas were 49, nays 1.

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

HB 75. By Representatives Snow of the 1st, McCoy of the 1st, Poston of the 2nd and others:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide that if the county or municipality in which a hazardous waste facility is to be located disapproves the issuance of a permit for the facility, the permit shall be disapproved by the Director of the Environmental Protection Division.
Senate Sponsor: Senator Huggins of the 53rd.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun B,urton lav Coleman Coffins Coverdell
Deal
Dean
Echols
Edge English

Fincher Foster Fuller Garner Gillis Harris Hward Huggins Johnson Kidd
Land
Langford
Newbill
Olmstead Peevy

Perry Phillips Ragan of 10th Ragan of 32nd av Scott of 2nd Scott of 36th 0, , fumuake u Stumbaugh
Tate
Timmons
Turner
Tysinger Walker

1772

JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Bowen Brannon Dawkins

Engram (excused) Hammill Kennedy (presiding) McKenzie

Parker Pollard Starr Taylor

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

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

HB 449. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to school systems that qualify for middle school grants.
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:

Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Coverdell Dawkins Deal Dean Echols Edge English

Fincher Foster Garner Gillis Hammill Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon Collins

Engram (excused) Fuller Harris Kennedy (presiding)

Scott of 36th Shumake Taylor

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

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

TUESDAY, MARCH 7, 1989

1773

HB 203. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th and others:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Annotated, relating to notice of termination of insurance policies, so as to provide that notice of termination of accident and sickness insurance policies be dispatched to the insured not later than 60 days prior to the termination date of the policy.
Senate Sponsor: Senator Stumbaugh of the 55th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Broun urton
CDrC~, ooa,wlvye.ekm.rjidna.enisl,l
Deal Dean Echols English Fincher Foster

Fuller Garner Gillis Hammill
Harris Howard
JvHK,ou-lh,djgndjgsionns
Land Langford McKenzie Newbill Ohnstead Parker

Peevy Perry Phillips Pollard
Ragan of 32nd Ray
SSS,,ouhccoou.ttm,tt aookiff,e,,32,,n6,dt,h
Starr Stumbaugh Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon Collins

Edge Engram (excused) Kennedy (presiding)

Ragan of 10th Tate Taylor

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

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

The President resumed the Chair.

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

HB 223. By Representatives Smyre of the 92nd, Hooks of the 116th, Coleman of the 118th and Lawson of the 9th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, known as the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide that the Geo. L. Smith II Georgia World Congress Center Authority may incur taxable or nontaxable debt; to authorize such authority to fix rentals, fees,

1774

JOURNAL OF THE SENATE

prices, charges, and other terms, conditions, and considerations in connection with the use of any project or part thereof or combination thereof.
Senate Sponsors: Senators Edge of the 28th and Baldwin of the 29th.

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 Terry L. Coleman, Chairman

House Ways and Means Committee

FROM:

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

DATE:

February 14, 1989

SUBJECT: Fiscal Note -- House Bill 223 (Committee Substitute) (LC 14 5197ECS/1) World Congress Center -- Revenue Bonds

This Bill makes certain changes in the "Geo. L. Smith II Georgia World Congress Center Act" to provide for the financing, construction, and state ownership and operation of a multipurpose domed stadium. The Bill would allow the Authority to borrow money and issue revenue bonds (whether taxable or nontaxable); establish rentals, fees, prices, and other charges as necessary sufficient to pay the costs of the project and the debt service of any obligations issued (including the establishment of debt service reserves); and to incur debt and operate exclusive of county or municipality taxation and regulation. Other provi sions within the Bill relate to security for issued bonds, disposition of revenue bond pro ceeds, sources of payment for the bonds, and contractual powers of the Authority. If en acted, this Bill would become effective upon the Governor's approval or upon becoming law without such approval.

This Bill makes technical amendments to the "Geo. L. Smith II Georgia World Con gress Center Act" to allow the execution of a financing plan for a multipurpose domed sta dium as provided for in House Bill 1 (dealing with revised hotel/motel excise taxes in At lanta and Fulton County) of the 1989 legislative session. As such, this Bill itself has no direct fiscal impact upon state revenues.

/s/ G. W. Hogan State Auditor

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

Senator Phillips of the 9th moved that HB 223 be postponed until the next legislative day.

Senator Scott of the 2nd moved the previous question.

On the motion offered by Senator Scott of the 2nd, which motion takes precedence, Senator Phillips of the 9th called for the yeas and nays; the call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes

Broun Coleman Dawkins Dean

English Fincher Foster Fuller

TUESDAY, MARCH 7, 1989

1775

Garner Gillis Hammill Harris Muggins Kennedy Kidd Langford

McKenzie Olmstead Parker Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Tate Timrnons Turner Tysinger Walker

Those voting in the negative were Senators:

Burton Clay Collins Coverdell Deal

Echols Edge Howard Johnson Land

Newbill Peevy Perry Phillips Ragan of 32nd

Those not voting were Senators:

Albert Bowen

Brannon Engram (excused)

Taylor

On the motion offered by Senator Scott of the 2nd, the yeas were 36, nays 15; the motion prevailed, and the previous question was ordered.

Senator Phillips moved that HB 223 be placed on the Table.

On the motion, Senator Phillips of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Burton Clay Collins Coverdell Deal
Echols

Edge Fuller Howard Johnson Land
Newbill

Olmstead Peevy p
* Phillips
Ragan of 32nd

Those voting in the negative were Senators:

Allgood Baldwin Barker Barnes
BCoroleumn an Dawkins Dean English Fincher
Foster Garner

Gillis Hammill Harris Huggins
JK5iedjndjnedy Langford McKenzie Parker Pollard
Ragan of 10th Ray

Scott of 2nd Scott of 36th Shumake Starr
TStumbaugh *, laylor Timmons Turner
Tysinger Walker

Those not voting were Senators:

Albert Bowen

Brannon

Engram (excused)

1776

JOURNAL OF THE SENATE

On the motion offered by Senator Phillips of the 9th, the yeas were 17, nays 35; the motion was lost, and HB 223 was not placed on the Table.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Broun Coleman Coverdell Dean English Fincher Foster

Gillis Hammill Harris Kennedy Langford McKenzie Parker Ragan of 10th Scott of 2nd

Shumake Starr Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barker Barnes Burton Clay Collins Dawkins Deal Echols Edge

Fuller Garner Howard Huggins Johnson Kidd Land Newbill Olmstead

Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Stumbaugh

Those not voting were Senators:

Albert Bowen

Brannon

Engram (excused)

On the passage of the bill, the yeas were 26, nays 26.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Baldwin of the 29th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 223.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 167. By Senators Kennedy of the 4th and Hammill of the 3rd:
A bill to add one additional judge of the Superior Court for the Atlantic Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide for an effective date.

TUESDAY, MARCH 7, 1989

1777

The House amendment was as follows:

Amend SB 167 by striking the words "an effective date" on lines 7 and 8 of page 1 and inserting in lieu thereof the following:
"a conditional effective date".
By striking Section 6 and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriat ing funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act."

Senator Kennedy of the 4th moved that the Senate agree to the House amendment to SB 167.

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 Broun Burton CCoollleimnsan Coverdell Dawkins Deal
Dean Echols Edge English Fincher

Foster Fuller Garner Hammill Harris Huggins JKoehnnnseodny Kidd Land Langford
McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd R 0Sco,t.t of,. 3QC6t,,h Shumake Starr Stumbaugh
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon

Clay Engram (excused) Gillis

Howard Scott of 2nd Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 167.

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

HB 922. By Representatives Pettit of the 19th, Langford of the 7th and Childers of the 15th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Cherokee Judicial Circuit; to provide for the appointment of such additional judge by the Governor.
Senate Sponsor: Senator Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Coleman Collins Coverdell Deal Dean Echols Edge English

Fincher Foster Garner Hammill Harris Huggins Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Bowen Brannon Clay
Dawkins

Engram (excused) Fuller Gillis Howard
Johnson

Phillips ^
Stumbaugh Walker

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

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

HB 340. By Representatives Byrd of the 153rd, Watson of the 114th and Bargeron of the 108th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission shall maintain certain records; to provide for qualifica tions of real estate brokers; to clarify a reference regarding the authority of a nonresident corporation to transact business in Georgia.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following substitute to HB
340:

A BILL
To be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission shall maintain certain records; to clarify a reference regarding the authority of a nonresident corporation to transact business in Georgia; to provide for per mitted activities of licensed brokers of other states; to provide for written agreements be tween Georgia brokers and licensed brokers of other states; to provide for jurisdiction over certain actions; to provide conditions for the reinstatement of licenses which have lapsed for longer than ten years; to provide for editorial revision and removal of certain masculine references; to revise provisions concerning the automatic revocation of a license for the fail-

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1779

ure of a licensee to notify the Georgia Real Estate Commission of a conviction within a certain time period; to provide conditions under which a broker will not be held responsible for affiliated licensees; to provide for the management and supervision of brokerage activi ties; to require a broker to establish certain procedures; to provide for certain information an aggrieved person must show to the court in order to recover from the real estate educa tion, research, and recovery fund; to change certain exceptions to the operation of the chap ter; to prohibit certain acts; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking Code Section 43-40-6, relating to the seal of the Georgia Real Estate Commission, and inserting in its place a new Code Section 43-40-6 to read as follows:
"43-40-6. The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals. The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 43-40-9, relating to nonresident licenses, and inserting in its place a new subsection (c) to read as follows:
"(c) A nonresident license may not be granted to an individual unless that individual is affiliated with a resident or nonresident broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresi dent partnership or corporation until said partnership or corporation qualifies for a broker's license. A nonresident corporation must obtain from the Secretary of State a certificate of authority to transact business in this state."
Section 3. Said chapter is further amended by adding at the end of Code Section 43-409, relating to nonresident licenses, two new subsections, to be designated subsections (j) and (k), to read as follows:
"(j) Notwithstanding any other provision of this Code section, a licensed broker of an other state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a 'licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such broker. The licensed Georgia broker and the licensed broker of another state must enter into a separate agreement for each transaction in which they become involved. The Georgia broker shall maintain for at least three years a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide:
(1) For procedures to be followed in the event of the out-of-state broker's performing any of the acts of a broker on real property located in Georgia;
(2) How the brokers will divide any earned commissions;

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(3) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker;
(4) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker;
(5) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker;
(6) That any contracts, agreements, or offers on Georgia real property shall clearly iden tify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission and that said contract, agree ment, or offer shall be construed under Georgia law and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer;
(7) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and
(8) Such other matters as the commission may require by rule and regulation.
(k) Whenever an out-of-state broker operating under a written agreement permitted by subsection (j) of this Code section violates any provision of this chapter, for such violation by the out-of-state broker the commission shall be limited to suspending or revoking the Georgia broker's right to enter into such written agreements with out-of-state brokers unless the Georgia broker participated in or ratified the violation of the out-of-state broker or failed to include in such written agreement all provisions required by subsection (j) of this Code section and the commission's rules and regulations."
Section 4. Said chapter is further amended by striking subsection (f) of Code Section 43-40-12, relating to license fees generally, and inserting in its place a new subsection (f) to read as follows:
"(f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee. If any licensee who has passed an examination administered by or approved by the commission allows a license to lapse for a period longer than two years and less than ten years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educational course or courses which the commission may require. Any licensee whose license has lapsed for longer than two years and who reinstates it under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8. Any licensee whose license has lapsed for longer than ten years for failure to pay a renewal fee and who seeks to reinstate that license must meet the education and examination requirements for that license as set forth in subsection (a) or (b) of Code Section 43-40-8."
Section 5. Said chapter is further amended by striking subsections (e) and (h) of Code Section 43-40-15, relating to the granting, revocation, or suspension of licenses, and in serting in their respective places new subsections (e) and (h) to read as follows:
"(e) The conduct provided for in subsections (a), (b), and (c) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for suspen sion or revocation of a license under this chapter when the conduct is that of a licensee."
"(h) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60

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day period. The failure of a licensee to notify the commission of the licensee's conviction within 60 days of the date of that conviction shall be grounds for automatically revoking the licensee's license prior to any hearing at the time the commission receives evidence of that conviction. Following any such hearing held pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter."
Section 6. Said chapter is further amended by striking Code Section 43-40-18, relating to the operation of branch offices, and inserting in its place a new Code Section 43-40-18 to read as follows:
"43-40-18. (a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Section 48-13-6.
(b) A real estate broker or qualifying broker shall be held responsible for any licensee whose license is affiliated with such broker's firm should such licensee violate any of the provisions of this chapter and its attendant rules and regulations unless the broker is able to demonstrate that such broker:
(1) Had reasonable procedures in place for supervising the affiliate's actions;
(2) Did not participate in the violation; and
(3) Did not ratify the violation.
No provision of this subsection shall be construed as altering the provisions of Code Section 43-40-30.1.
(c) The real estate brokerage activities of each firm shall be under the direct manage ment and supervision of a broker or qualifying broker. The broker or qualifying broker shall be responsible for establishing, implementing, and continuing procedures for:
(1) Reviewing all advertising to ensure compliance with this chapter and its rules and regulations;
(2) Providing programs for study and review of this chapter and its rules and regula tions for all licensed associates;
(3) Reviewing for compliance with this chapter and its rules and regulations all listing contracts, leases, sales contracts, management agreements, and offers to buy, sell, lease, or exchange real property secured or negotiated by the firm's associates. This review shall take place within 30 days of the date of the offer or contract;
(4) Systematic review of the firm's trust accounting practices in order to assure their compliance with this chapter and its rules and regulations;
(5) Ensuring that the firm pays to its affiliated licensees commissions for performing the acts of a licensee only if they maintain valid, current real estate licenses and that the firm utilizes only licensed personnel to perform those acts of a licensee which require licensure;
(6) Ensuring that proper disbursements are made from trust accounts;
(7) Providing continuing and reasonable safekeeping for all records related to real es tate transactions which this chapter and its rules and regulations require a broker to maintain;
(8) Providing all licensed personnel with written policies and procedures under which they are expected to operate;
(9) Seeing that the firm and all licensed affiliates enter into a written agreement speci fying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their firm, the commission shall not regulate the content of such agreements or enforce their provisions; and

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(10) Assuring that an individual with appropriate management authority is reasonably available to assist licensees and the public in real estate transactions handled by the firm.
(d) While a broker or qualifying broker may elect to delegate any of the management duties cited in subsection (c) of this Code section, such broker or qualifying broker is re sponsible for the acts of the person to whom such duty is delegated.
(e) Any firm which operates as a sole proprietorship must be owned entirely by a li censed broker. The qualifying broker for a firm which operates as a partnership must be a partner. The qualifying broker for a firm which operates as a corporation must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signa tory powers on all trust accounts which the firm maintains."
Section 7. Said chapter is further amended by striking subparagraph (d)(3)(A) of Code Section 43-40-22, relating to the real estate education, research, and recovery fund, and in serting in its place a new subparagraph (d)(3)(A) to read as follows:
"(A) At the time of the cause of action, was not a spouse of the judgment debtor; or a parent, sibling, or child of the judgment debtor or the judgment debtor's spouse; or the personal representative of such person or persons;".
Section 8. Said chapter is further amended by striking Code Section 43-40-25, relating to violations by licensees, schools, and instructors generally, and inserting in its place a new Code Section 43-40-25 to read as follows:
"43-40-25. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hear ing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commis sion may deem appropriate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:
(1) Refusing because of race, color, sex, religion, or national origin to show, sell, or rent any real estate for sale or rent to prospective purchasers or renters;
(2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted;
(3) Failing to account for and remit any money coming into the licensee's possession which belongs to others;
(4) Commingling the money or other property of the licensee's principals with the licen see's own;
(5) Failing to maintain and deposit in a separate, noninterest-bearing checking account all money received by said broker acting in said capacity, or as escrow agent or the tempo rary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing;
(6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal;
(7) Representing or attempting to represent a real estate broker, other than the broker holding the licensee's license, without the express knowledge and consent of the broker holding the licensee's license;

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(8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker;
(9) Acting in the dual capacity of agent and undisclosed principal in any transaction;
(10) Guaranteeing or authorizing any person to guarantee future profits which may re sult from the resale of real property;
(11) Placing a sign on any property offering it for sale or rent without the written con sent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing;
(12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent;
(13) Inducing any party to a contract of sale or lease, a listing contract, or a manage ment agreement to break such contract or agreement for the purpose of substituting in lieu thereof a new contract or agreement with another principal;
(14) Negotiating a sale, exchange, or lease of real estate directly with an owner or lessor if the licensee knows that such owner has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker;
(15) Accepting employment or compensation for appraising real estate, contingent upon the reporting of a predetermined value or issuing an appraisal report on real estate in which the licensee has an undisclosed interest;
(16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or other wise having complied fully with that state's laws regarding real estate brokerage;
(17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresident's state or foreign country of residence, provided that nothing contained in this subsection or any other provi sion of this Code section shall be construed so as to prohibit the payment of earned commis sions to the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death;
(18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal;
(19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller;
(20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the broker's files;
(21) Making any substantial misrepresentations;
(22) Acting for more than one party in a transaction without the knowledge of all par ties for whom the licensee acts;
(23) Failure of an associate broker or salesperson to place, as soon after receipt as is practicably possible, in the custody of the broker holding the licensee's license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licensee's licensed broker;
(24) Filing a listing contract or any document or instrument purporting to create a lien

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based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists;
(25) Having demonstrated incompetency to act as a real estate broker or salesperson in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing;
(26) Obtaining an exclusive listing or sales contract from any owner while knowing or having reason to believe that another broker has an exclusive listing on the property, unless the licensee has written permission from the broker having the first exclusive listing;
(27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, and other documents relating to real estate closings or failing to produce documents at the reasonable request of the commission or any of its agents for their inspection;
(28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; or
(29) Conducting the closing of any real estate transaction by any licensee except a bro ker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker.
(b) When a licensee has previously been sanctioned by the commission or by any other state's real estate brokerage licensing authority, the commission, through its hearing officers, may consider any such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after a hearing."
Section 9. Said chapter is further amended by striking Code Section 43-40-29, relating to exceptions to the operation of the chapter, and inserting in its place a new Code Section 43-40-29 to read as follows:
"43-40-29. (a) Except as otherwise provided, this chapter shall not apply to:
(1) Any person who, as owner, as the spouse of an owner, as general partner of a limited partnership, as lessor, or as prospective purchaser or their regular employees, performs any act with reference to property owned, leased, or to be acquired by such owner, limited part nership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency for an organization which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, provided that such person was engaged in managing such property under such type contract prior to Janu ary 1, 1989;
(2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor;
(3) A licensed practicing attorney acting solely as an incident to the practice of law;
(4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or acting under a court order or under the authority of a will or of a trust instrument;
(5) Any officer or employee of a government agency in the conduct of official duties;
(6) Any person employed by a public or private utility who performs any act with refer ence to property owned, leased, or to be acquired by the utility employing that person,

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1785

where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein;
(7) Any person who, as owner or through another person engaged by such owner on a full-time basis, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person;
(8) Any person employed on a full-time basis by the owner of property for the purpose of selling, buying, leasing, managing, auctioning, or otherwise dealing with such property; or
(9) Any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or other related activ ity which involves more than the mere referral of one person to another and who does not receive a fee for such referral from the party being referred.
(b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an owner or individuals who are full-time employees of the owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44.
(c) The exceptions provided by subsection (a) of this Code section shall not apply to any person who holds a real estate license.
(d) Any individual employed by a broker to manage residential rental property on be half of the broker under a written management agreement which the broker procured from and negotiated with the owner shall not be required to be licensed under this chapter. Any broker utilizing the services of such an individual shall be held responsible under this chap ter for the brokerage activities of that individual.
(e) The exceptions in subsection (a) of this Code section are not applicable to a person who uses or attempts to use them for the purpose of evading licensure required by this chapter."
Section 10. Said chapter is further amended by striking subsection (b) of Code Section 43-40-30, relating to persons acting without a license, and inserting in its place a new sub section (b) to read as follows:
"(b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, a licensee within this state without first obtaining a license as provided in this chapter unless such person is exempted from obtaining a license under Code Section 43-40-29. Except as provided by subsection (d) of Code Section 43-4029, it shall be unlawful for a real estate licensee to permit an unlicensed person to perform the acts of a real estate licensee in behalf of such licensee."
Section 11. 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:

Barker Barnes Broun Burton Clay

Coleman Collins Coverdell Dawkins Dean

Echols Edge English Fincher Foster

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Fuller Garner Hammill Harris Huggins Kennedy Kidd Land Langford Newbill

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

Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Allgood Baldwin Bowen Brannon

Deal Engram (excused) Gillis Howard

Johnson McKenzie Pollard Shumake

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

HB 128. By Representative Mueller of the 126th:
A bill to amend Article 23 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to traffic safety, so as to authorize school-crossing guards to direct and regulate the flow of traffic at school crossings or within a reduced speed school zone; to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of the uniform rules of the road, so as to require obedience to lawful orders or directions of school-cross ing guards.
Senate Sponsor: Senator Parker of the 15th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Hammill Harris Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Taylor Turner Tysinger

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1787

Those not voting were Senators:

Albert
Bowen Brannon Broun
Coverdell

Engram (excused)
Gillis Howard Langford
Shumake

Stumbaugh Tate
Timmons Walker

On the passage of the bill, the yeas were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 799. By Representatives Lupton of the 25th, Pannell of the 122nd, Benn of the 38th and others:
A bill to amend Article 2 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to ordinances providing for historical preservation, so as to change certain provisions relating to certain exemptions from such article.
Senate Sponsors: Senators Gillis of the 20th and English of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Broun Burton
lav XCCoolvfleimnrdsaenll j) ea i D ean Echols Edge Fincher Foster Garner

Hammill Harris Howard Huggins Johnson
Kennedy LKT aidndd, Langford McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SSc ,hcoutmt aok,fe36th Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Baldwin Bowen Brannon

Dawkins English Engram (excused)

Fuller Gillis Stumbaugh

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

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

Senator Echols of the 6th moved that the following bill of the House, having been read

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the third time and tabled on February 21, taken from the Table and passed as amended on February 28, and reconsidered and tabled on February 28, be taken from the Table:
HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Anno tated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursu ant to probation revocation in alternatives to include community service, inten sive probation, diversion centers, probation detention centers, special alternative incarceration.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 94 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 716. By Representatives Crosby of the 150th and Coleman of the 118th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to unauthorized payments and overpayments of public assistance under social services programs, so as to provide for recovery when any person receives any unauthorized payment or overpayment.
Senate Sponsor: Senator English of the 21st.
Senator Shumake of the 39th offered the following substitute to HB 716:
A BILL
To be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for recovery when any person re ceives any unauthorized payment or overpayment of public assistance under social services programs; to provide for an educational assistance program for persons who lawfully and without fraud are receiving public assistance under Article 5 of Chapter 4 of Title 49, the "Aid to Dependent Children Act"; to provide for the administration of such program; to provide for definitions; to provide for the control and management of certain funds; to pro vide for the disbursement of certain funds for educational purposes; to provide for appropri ations; to provide for investments; to provide for qualifications for benefits; to provide for the distribution of information and materials; to provide for the execution of assignments; to authorize the Georgia Student Finance Authority to act as a self-insurer for the purpose of providing death benefits and disability benefits; 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. Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by striking subsection (c) of Code Section 49-4-15, relating to unauthorized payments and overpayments of public assistance under social services pro grams, and inserting in its place a new subsection to read as follows:
"(c) (1) Any person who obtains any payment of public assistance to which he is not entitled or in excess of that to which he is entitled shall be liable to the state for the amount of such overpayment.
(2) Any person who intentionally, with knowledge of the fraud, aids or abets any recipi ent of public assistance in obtaining or attempting to obtain any payment of public assis tance to which the recipient is not entitled or a payment in excess of that to which he is entitled shall also be liable to the state for the amount of such payment.
(3) Any person who receives any payment of public assistance to which he is not enti-

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tied or in excess of that to which he is entitled shall be liable to the state for the amount of such overpayment.
(4) Subject to the limitations provided in this paragraph, the amount of such overpay ment may be recovered by civil action and, if the person receiving such overpayment contin ues on assistance, by proportionate reduction of future public assistance grants, in accor dance with regulations of the board which shall conform to the federal Social Security Act and federal regulations promulgated pursuant thereto, until the excess amount has been paid. In any case in which, under this subsection, a person is liable to repay any sum, such sum may be collected without interest by civil action brought in the name of the depart ment. Any repayment required by this subsection may be waived by the department, and the method of repayment, if any, including recoupments from current assistance grants, shall be determined by the department. Recoupment may be initiated without regard to whether the department has obtained a judgment in a civil action but shall not be initiated prior to notice and an opportunity for a hearing in accordance with this article. The depart ment shall make such waivers and determinations of repayment and the manner of repay ment in accordance with regulations of the board which shall conform to the federal Social Security Act and the federal regulations promulgated pursuant thereto."
Section 2. Said chapter is further amended by adding at the end thereof a new Article 9 to read as follows:
"ARTICLE 9
49-4-184. The General Assembly finds that many families which receive assistance under the program popularly known as the "Aid to Families with Dependent Children" pro gram, or the AFDC, continue to live in poverty and deprivation. The General Assembly finds that the continuing cycle of poverty in which many families are trapped is a primary cause for the widespread practice of fraud by many persons under the program to obtain unauthorized payments or overpayments in public assistances. It is the purpose of this arti cle to help end the necessity for fraudulent procurement of assistance by providing a means to help break the cycle of poverty in many instances by providing for insurance and educa tional investment opportunities for the children of such families and for the parents of such children.
49-4-185. As used in this article, the term:
(1) 'Active participating recipient' means a participating recipient who is receiving as sistance, as those terms are defined in paragraphs (2), (10), and (11) of this Code section, on whose behalf payments continue to be remitted by the department to the authority as pro vided in Code Section 49-4-187 pursuant to an assignment of assistance executed by the recipient, or a participating recipient who chooses to continue as an active participating recipient as provided in Code Section 49-4-194.
(2) 'Assistance' means money payments made to or on behalf of a dependent child pur suant to the provisions of Article 5 of Chapter 4 of Title 49, known as the 'Aid to Dependent Children Act.'
(3) 'Authority' means the Georgia Student Finance Authority created by Code Section 20-3-313.
(4) 'Board' means the board of directors of the authority.
(5) 'Child' means a dependent child as defined in Code Section 49-4-101 who is receiv ing assistance under Article 5 of Chapter 4 of Title 49, known as the 'Aid to Dependent Children Act.'
(6) 'Department' means the Georgia Department of Human Resources.
(7) 'Education costs' means the cost of tuition incurred by a student while attending school plus a standard allowance for books which shall be established by the authority.
(8) 'Family unit' means a participating recipient together with each child of the partici pating recipient for whom the authority is maintaining an open education trust account or

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accounts, including a child born after an assignment of assistance was executed by the par ticipating recipient as provided in subsection (a) of Code Section 49-4-187 and before the assignment of assistance was canceled if the assignment has been canceled.
(9) 'Insurance and education trust account' and 'trust account' mean an account main tained by the authority for purposes of this article for and on behalf of a child of a partici pating recipient or a participating recipient.
(10) 'Participating recipient' means a recipient who has at any time executed an assign ment of assistance as provided in subsection (a) of Code Section 49-4-187, whether or not the assignment has been canceled, for whom the authority continues to maintain an open insurance and education trust account.
(11) 'Recipient' means the parent, guardian, or other person who is receiving funds for or on behalf of a child.
(12) 'School' means any public or private postsecondary institution of higher education located within the United States that is approved for purposes of this article by the author ity, but shall not include a proprietary or for-profit institution of higher education, a corre spondence school, or any course of study offered through correspondence.
(13) 'Student' means a child of a participating recipient or a participating recipient for whom the authority is maintaining an education trust account under this article who is enrolled or accepted for enrollment in a school on at least a half-time basis at the under graduate or graduate level of study.
49-4-186. The department shall be responsible for performance of duties set forth in Code Section 49-4-187 and for providing public information to recipients pursuant to Code Section 49-4-197. The authority shall be responsible for administration of the GIERA insur ance and investment program as provided for in this article, and for performance of all other duties and functions related to administration of the GIERA program. The depart ment and the authority shall cooperate with each other and coordinate performance of their respective duties under provisions of this article in such manner as to best achieve the pur poses of this article.
49-4-187. (a) A recipient is authorized to assign to the authority, solely for the insurance and investment purposes set forth in this article, 10 percent of the amount of assistance that the recipient is eligible to receive from the department. Such an assignment may be accom plished by submission to the department of a properly executed assignment which shall be in such written form as shall be prescribed by the department. A recipient may, at any time thereafter, cancel the assignment by submission to the department of a properly executed cancellation of assignment which shall be in such written form as shall be prescribed by the department.
(b) The department shall acknowledge receipt of an assignment of assistance, and re ceipt of any cancellation of assignment, to the recipient, and shall at the same time notify the authority of each assignment of assistance and of each cancellation of assignment re ceived by the department from a recipient. Each notice of the department to the authority shall include the name and social security number of the recipient and the name, social security number, and date of birth of each child on whose behalf the recipient is receiving assistance, or has been receiving assistance in the case of cancellation of an assignment. Information available in the records of the department, including but not limited to the address and telephone number of, and the name and address of a prior or present employer of, a participating recipient or child of such recipient shall be provided by the department to the authority upon request but such information shall be requested only to the extent that the information is deemed to be essential to enable the authority to perform its respon sibilities under this article.
(c) The amount of assistance assigned to the authority by a recipient shall be remitted by the department to the authority each month beginning with the next assistance payment to become due the recipient after 30 days from the date of receipt by the department of the assignment. Remittance of the proper amount to the authority shall continue to be made

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each month thereafter if the recipient continues to be eligible to receive assistance from the department and provided the assignment of assistance to the authority has not been can celed by the recipient. If an assignment of assistance is canceled by a recipient, the depart ment shall not remit any sum to the authority from any assistance payment to become due the recipient after 30 days from the date of receipt by the department of the cancellation of assignment.
(d) Each remittance made by the department to the authority on behalf of a recipient shall identify the name and social security number of the recipient, the amount remitted, and the name and social security number of each child on whose behalf the recipient is receiving assistance.
49-4-188. (a) Upon receipt from the department of a notice of assignment of assistance by a recipient, the authority shall establish an individual insurance and education trust ac count in the name of each child on whose behalf the recipient is reported to be receiving assistance and an education trust account in the name of the participating recipient.
(b) Upon receipt from the department of a remittance made on behalf of a participating recipient, the authority shall deposit the remittance into the GIERA Insurance and Invest ment Fund as provided in Code Section 49-4-191 and credit the same amount to the insur ance and education trust account of the child on whose behalf the remittance is made as reported by the department pursuant to subsection (d) of Code Section 49-4-187. If the remittance by the department is made on behalf of more than one child of the participating recipient, the amount of the remittance received shall be prorated and an equal portion thereof shall be credited to the insurance and education trust account of each child. The authority shall record the amount of each remittance received from the department on be half of each participating recipient, but no portion of such remittances received shall be credited to the insurance and education trust account of the participating recipient except as provided in subsection (c) of Code Section 49-4-190.
(c) The primary beneficiary of an insurance and education trust account established for the benefit of a child shall be the child. The secondary beneficiary of insurance and educa tion trust accounts established for the benefit of children within a family unit shall be the participating recipient who assigned assistance to the authority for the purposes of this arti cle. Once an insurance and education trust account is established and any amount of as signed assistance has been received and credited to the account by the authority, the trust account shall be irrevocable, and all sums credited to the trust account shall be used only for the insurance and postsecondary educational purposes set forth in this article, or other wise disbursed or transferred out of the trust account as provided for in this article.
49-4-189. (a) A primary beneficiary of an insurance and education trust account shall be entitled to have money that has been credited to his or her trust account disbursed by the authority only for insurance purposes as provided in this article and for payment of educa tion costs while enrolled as a student in good standing in a school. The money disbursed from the account for education costs shall be paid directly to the school or may, in the discretion of the authority, be made copayable to the school and the student. No money shall be paid to or on behalf of a primary beneficiary for education costs after his or her twenty-fifth birthday, provided that if before attaining age 25, the primary beneficiary is required by law to enter the armed forces of the United States, or determines to voluntarily enlist in the armed forces of the United States, the beneficiary shall be entitled, upon re quest submitted to the authority prior to attaining age 25 and upon submission of any re quired documentation, to have the above twenty-fifth birthday limitation extended by the length of his or her required services in the armed forces or by the length, not to exceed three years, of his or her voluntary enlistment in the armed forces.
(b) At any time after attaining age 21, a primary beneficiary is authorized to execute a waiver of the right to use moneys credited to his or her education trust account for the postsecondary education purposes set forth in this article, and without question as to the reason or motivation the beneficiary may have for doing so. Such a waiver shall be executed in a manner which shall be prescribed by the authority.

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(c) Upon attainment of the age limit or upon expiration of the time limitation stated in subsection (a) of this Code section, as the case may be, or upon execution of a waiver of rights as provided in subsection (b) of this Code section, or in the event of death, the insur ance and education trust account of a primary beneficiary shall be closed and any remaining credit balance shall be transferred and credited to the trust account of the other primary beneficiaries, if there are any, within the family unit of the participating recipient. If there is more than one other primary beneficiary within the family unit, the amount transferred shall be prorated and an equal portion thereof shall be credited to the trust account of each of the remaining primary beneficiaries within the family unit. If there are no other primary beneficiaries within the family unit, such remaining credit balance shall be transferred and credited to the trust account of the secondary beneficiary.
49-4-190. Following closure of the insurance and education trust account of the last remaining primary beneficiary within a family unit as provided in subsection (c) of Code Section 49-4-189, and the transfer of any remaining credit balance of the primary benefi ciary to the credit of the trust account of the secondary beneficiary, the authority shall give timely written notice, by registered mail addressed to the last known mailing address of the secondary beneficiary, of the right of the secondary beneficiary to elect: (1) to use the money credited to his or her trust account for postsecondary education purposes in the same man ner as provided in Code Section 20-3-426 relative to primary beneficiaries, but only during a period of time not to extend beyond four years from the date of the notice of the authority to the secondary beneficiary, or (2) to receive payment of the credit balance of his or her trust account, but not more than one-half of the total amount of assistance that had been assigned and remitted to the authority by the secondary beneficiary as a participating recip ient under this article. The secondary beneficiary shall be required to make an election in writing within 60 days following the date the notice is mailed to the beneficiary by the authority. The election made by the secondary beneficiary shall be final and not subject to change. Upon election by the secondary beneficiary and fulfillment of the election, or upon failure by the secondary beneficiary to respond to the notice provided within 60 days follow ing the date the notice is mailed, or in the event of death of the secondary beneficiary, the trust account of the secondary beneficiary shall be closed and any remaining credit balance shall be transferred and credited to other insurance and education trust accounts in the following manner. As of the date that the authority is to transfer and credit trust account balances that have lapsed pursuant to the provisions of this Code section, the authority shall identify and determine the number of active participating recipients in the GIERA program, exclusive of active participating recipients who have chosen to continue participa tion in the GIERA program as provided in Code Section 49-4-194, divide the amount of such lapsed credit balances by that number, and credit an amount equal to the result of that division to the trust account of the oldest primary beneficiary of each such active par ticipating recipient.
49-4-191. (a) The authority shall deposit into the GIERA Investment Fund all assis tance assigned by participating recipients and remitted by the department as provided in Code Section 49-4-187, state funds appropriated for purposes of the GIERA Investment Fund as provided in Code Section 49-4-192, funds and properties of value received and accepted as provided in Code Section 49-4-193, direct payments received from active partic ipating recipients as provided in Code Section 49-4-194, funds made available to the author ity from any source that may be lawfully used for the purposes of the fund, and earnings derived from investment of the fund after adequate provision is made for administration and other purposes of the GIERA program pursuant to subsection (c) of this Code section.
(b) The board shall be responsible for investment and reinvestment of the GIERA In vestment Fund in obligations of or directly or indirectly guaranteed by the United States, the state, or any agency or instrumentality of either, or in any obligations of banks or sav ings and loan associations within the state fully collateralized by a pledge of such obliga tions. Assets of the fund shall be kept invested in such obligations to the maximum extent practicable in order to maximize the benefits of this article to participating recipients and children of participating recipients as provided in this article. For purposes of this Code

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section, the board shall establish and secure the professional advice and services of a finan cial advisory council which shall be composed of not less than three nor more than five professional financial advisors, which may include or be composed of qualified officials of the state, and to pay all costs associated therewith.
(c) Earnings derived from investment of the GIERA Investment Fund may be used to pay insurance benefits or to otherwise fund the GIERA insurance benefits as provided in Code Section 49-4-195, be transferred to the administration fund of the authority estab lished in Code Section 20-3-318 to the extent deemed necessary to provide for payment of costs incurred and projected to be incurred in connection with administration of the GIERA program, and to pay education costs of students and repayments to be made to participating recipients as provided in Code Sections 49-4-189 and 49-4-190. All remaining earnings of the fund shall be credited to the insurance and education trust accounts of children of partici pating recipients in the following manner. As of the date that the authority is to credit earnings of the fund to trust accounts, the authority shall identify the trust accounts of all children of participating recipients, determine the average daily credit balance of each of the trust accounts to date since the last date on which earnings of the fund were credited to such accounts, and, based on the average daily credit balance of each trust account for that period of time, determine and credit to each respective trust account the equitable share of the earnings available for credit to the trust accounts of such children.
49-4-192. To encourage participation by recipients in the GIERA program, state funds may be appropriated annually to the authority. State funds appropriated for this purpose shall be deposited into the GIERA Investment Fund and credited to insurance and educa tion trust accounts in the manner specified in this Code section. The authority shall identify and determine the number of trust accounts of all children of active participating recipients as of July 1 of the fiscal year for which the appropriation is made, exclusive of children of active participating recipients who have chosen to continue participation in the GIERA pro gram as provided in Code Section 49-4-194, divide the amount of state funds appropriated for this purpose by that number of children, and credit an amount equal to the result of that division to the trust account of each child so identified.
49-4-193. The authority is authorized to accept funds and properties of value for pur poses of the GIERA program as provided in subparagraph (O) of paragraph (1) of Code Section 20-3-316. Such funds or property accepted by the authority shall be deposited into the GIERA Investment Fund and credited to the trust accounts of children of active partici pating recipients in the same manner as provided in Code Section 49-4-192.
49-4-194. Any participating recipient who is no longer a recipient as such terms are defined in Code Section 49-4-185 may, in writing received by the authority within 12 calen dar months after ceasing to be a recipient, elect to continue in the GIERA program as an active participating recipient by making direct monthly payments to the authority of an amount not less than the amount that would otherwise be remitted to the authority by the department if the person were still a recipient as defined in Code Section 49-4-185. The authority is authorized to charge a monthly account maintenance fee to a person who elects to continue to participate as an active participating recipient in the GIERA program pursu ant to this Code section to offset costs incurred by the authority in connection with mainte nance of the accounts. If payments due pursuant to provisions of this Code section become more than 120 days past due, the person will no longer be classified as an active participat ing recipient, but such a classification may be reestablished upon request by the person at the discretion of the authority within 12 calendar months following the date of the last payment received by the authority. The benefits of this Code section may not be extended to any child for whom the authority is not already maintaining an open trust account.
49-4-195. (a) For purposes of the GIERA program only, the authority shall act as a selfinsurer of the life of each active participating recipient and each child of each active partici pating recipient, who shall be referred to as the 'insured' in this Code section. For purposes of this Code section, the authority shall establish from time to time a standard death benefit amount that shall be payable upon proof of death and burial or cremation of an insured.

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The death benefit amount established by the authority shall be presumed to be sufficient to cover basic burial or cremation expenses of the insured, but any benefit paid shall not ex ceed the actual cost of burial or cremation incurred as evidenced by documentation fur nished to the authority.
(b) To the extent that the authority determines it feasible to do so, the authority may likewise provide disability insurance benefits for active participating recipients.
(c) Death benefit payments shall be made copayable to the active participating recipi ent and the funeral home or other entity that provided burial or cremation services in the event of death of a child, or copayable to the guardian of the children or administrator of the estate and the funeral home or other entity that provided burial or cremation services in the event of death of the active participating recipient.
(d) The authority may maintain one or more GIERA Insurance Accounts, and credit to such accounts from time to time such income derived from investment of the GIERA In vestment Fund as may be deemed necessary to enable the authority to meet the require ments of this Code section.
(e) Notwithstanding the provisions of Code Section 49-4-190, a primary beneficiary shall be insured for death benefits as provided in subsections (a) through (c) of this Code section until reaching 18 years of age if the participating recipient enrolled in the program and continued to remain enrolled in the program for a total of not less than three years.
49-4-196. The authority shall provide a statement of beneficiary account credits, debits, and balances to each participating recipient and to each student enrolled in school at least once each calendar year.
49-4-197. The department and the authority shall, to the maximum extent practicable and to the extent not prohibited by law, develop, demonstrate, and distribute to recipients printed, visual, and oral materials and information about the GIERA educational assistance program on an ongoing basis.
49-4-198. In administering this article, the authority and the board may exercise all powers and authority granted under Subpart 1 of this article.
49-4-199. Recipients are authorized to execute assignments to participate in the GIERA program as provided for in this article prior to, on, or after July 1, 1989, but this article shall not otherwise be implemented until at least 5 percent of all recipients eligible to participate in the GIERA program, as determined by the department and certified to the authority, have executed, and not canceled, assignments of assistance. At that time, the department and the authority shall implement the provisions of this article as expeditiously as possible."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, Senator Shumake of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Bfnes Clay Collins Echols
Fincher

Fuller Garner Huggins Land Newbill Parker
Perry

Pollard Scott of 36th Shumake
iate Taylor Walker

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1795

Those voting in the negative were Senators:

Allgood Broun Burton Coleman Coverdell Dawkins Deal Dean Edge English

Foster Hammill Harris Howard Johnson Kennedy Kidd Langford McKenzie Olmstead

Peevy Phillips Ragan of 10th Ragan of 32nd
R xvfalVy
Starr Timmons Turner Tysinger

Those not voting were Senators:

Albert Bowen Brannon

Engram (excused) Gillis

Scott of 2nd Stumbaugh

On the adoption of the substitute, the yeas were 20, nays 29, and the substitute was lost.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dswkins Deal Dean Echols Edge English Fincher Foster

Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

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

Those not voting were Senators:

Albert Bowen Brannon

Coverdell Engram (excused)

Gillis Stumbaugh

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

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

Senator Allgood of the 22nd moved that the Senate stand in recess until 2:00 o'clock P.M., and the motion prevailed.

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At 12:22 o'clock P.M., the President announced that, pursuant to a previously adopted motion, 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 message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 924. By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner and the provisions relating thereto.
HB 925. By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner and the provisions relating thereto.
HB 927. By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensa tion of the sheriff, clerk of the superior court, and judge of the probate court.
HB 928. By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, so as to change the compensation of the chief magistrate and the provisions related thereto.
HB 1027. By Representatives Padgett of the 86th, Brown of the 88th, Ransom of the 90th, Connell of the 87th and Cheeks of the 89th: A bill to amend an Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriff's Merit System Board, so as to provide that the mem bers of the board shall receive compensation for their services as members of the board.
HB 1039. By Representative Mueller of the 126th: A bill to amend an Act creating the Board of Commissioners of Bryan County, so as to change the provisions relating to the compensation of the chairman, vicechairman, and other members of the board of commissioners.
HB 1041. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the probate court.

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HB 1042. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the superior court.
HB 1043. By Representative Heard of the 43rd: A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner.
HB 1044. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff.
HB 1045. By Representatives Oliver of the 53rd, Richardson of the 52nd, Redding of the 50th, Williams of the 54th, Teper of the 46th and others: A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing au thority of DeKalb County, so as to provide that the annual salary of the Chief Executive Officer shall be the same as the state salary of the superior court judges of DeKalb County plus any county supplements.
HB 1046. By Representatives Walker of the 85th, Padgett of the 86th, Cheeks of the 89th, Brown of the 88th and Connell of the 87th: A bill to amend an Act regulating public instruction in Richmond county, so as to change the compensation of the members and officers of the Board of Educa tion of Richmond County.
HB 1048. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend an Act creating the office of commissioner of Lumpkin County, so as to change the provisions relating to the compensation of the commissioner.
The following bills of the House were read the first time and referred to committee:
HB 924. By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner and the provisions relating thereto.
Referred to Committee on Urban and County Affairs.
HB 925. By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner and the provisions relating thereto.
Referred to Committee on Urban and County Affairs.
HB 927. By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensa tion of the sheriff, clerk of the superior court, and judge of the probate court.
Referred to Committee on Urban and County Affairs.

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HB 928. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, so as to change the compensation of the chief magistrate and the provisions related thereto. Referred to Committee on Urban and County Affairs.
HB 1027. By Representatives Padgett of the 86th, Brown of the 88th, Ransom of the 90th and others:
A bill to amend an Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriff's Merit System Board, so as to provide that the mem bers of the board shall receive compensation for their services as members of the board. Referred to Committee on Urban and County Affairs.
HB 1039. By Representative Mueller of the 126th: A bill to amend an Act creating the Board of Commissioners of Bryan County, so as to change the provisions relating to the compensation of the chairman, vicechairman, and other members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 1041. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the probate court.
Referred to Committee on Urban and County Affairs.
HB 1042. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the superior court.
Referred to Committee on Urban and County Affairs.
HB 1043. By Representative Heard of the 43rd: A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 1044. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff.
Referred to Committee on Urban and County Affairs.
HB 1045. By Representatives Oliver of the 53rd, Richardson of the 52nd, Redding of the 50th and others:
A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing au thority of DeKalb County, so as to provide that the annual salary of the Chief

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Executive Officer shall be the same as the state salary of the superior court judges of DeKalb County plus any county supplements. Referred to Committee on Urban and County Affairs.
HB 1046. By Representatives Walker of the 85th, Padgett of the 86th, Cheeks of the 89th, Brown of the 88th and Connell of the 87th:
A bill to amend an Act regulating public instruction in Richmond County, so as to change the compensation of the members and officers of the Board of Educa tion of Richmond County. Referred to Committee on Urban and County Affairs.
HB 1048. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the office of commissioner of Lumpkin County, so as to change the provisions relating to the compensation of the commissioner. 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 576. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to procedures and requirements applicable to probationers who violate the terms of probation, so as to provide that when probation is revoked in a county other than the county of original conviction, the probationer shall be transferred to the jail of the county of original conviction for service of the period of revocation or to await formal commitment.
Senate Sponsor: Senator Garner of the 30th.
The Senate Committee on Corrections offered the following substitute to HB 576:
A BILL
To be entitled an Act to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for certain regional jails operated by two or more counties; to provide for a chief jailer for each such regional jail; to provide for the powers and duties of such chief jailer; to provide for staffing of the office of chief jailer; to provide for filling vacancies; to amend Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to procedures and requirements applicable to probationers who violate the terms of probation, so as to provide that when probation is revoked in a county other than the county of original conviction, the probationer shall be transferred to the jail of the county of original conviction for service of the period of revocation or to await formal com mitment to the Department of Corrections or any other ordered confinement facility or su pervision status; 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. Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, is amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
42-4-50. When two or more counties shall jointly operate and maintain a county jail for use by the several participating counties, such jail shall be designated a joint regional jail.
42-4-51. (a) The governing authorities of the counties participating in a joint regional

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jail are authorized to establish by appropriate resolution the office of chief jailer for such jail.
(b) The chief jailer shall be appointed and serve at the pleasure of the governing au thorities of the participating counties and such governing authorities shall fix the compensa tion to be paid from the funds of each participating county.
(c) The qualifications necessary to hold office as chief jailer shall be the same as the qualifications provided by law for the office of sheriff, except for residency requirements.
42-4-52. The chief jailer of a joint regional jail when appointed shall fulfill each and all of the duties and functions usually delegated to the several sheriffs relating to and concern ing the maintenance, operation, supervision, and staffing of jails, including but not limited to the functions delegated under Articles 1 and 2 of this chapter.
42-4-53. The chief jailer of a joint regional jail shall have the authority to appoint other jailers subject to the approval of the governing authorities of the counties which established the office of chief jailer.
42-4-54. The establishment and staffing of the office of chief jailer of a joint regional jail as provided in this article shall relieve the sheriffs of the participating counties from the duties and responsibilities imposed on them by law relating to the keeping and maintaining of such jail.
42-4-55. In the event of a vacancy in the office of chief jailer of a joint regional jail, the sheriff of the county in which the facility is located shall temporarily occupy said office and fulfill its duties."
Section 2. Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to procedures and requirements applicable to probationers who violate the terms of probation, is amended by striking subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) In cases where the probation is revoked in a county other than the county of origi nal conviction, the clerk of court in the county revoking probation may record the order of revocation in the judge's minute docket, which recordation shall constitute sufficient perma nent record of the proceedings in that court. The clerk shall send one copy of the order revoking probation to the department to serve as a temporary commitment and shall send the original order revoking probation and all other papers pertaining thereto to the county of original conviction to be filed with the original records. The clerk of court of the county of original conviction shall then issue a formal commitment to the department. Upon such revocation of probation from a diversion center, probation detention center, or special alter native incarceration unit, the probationer shall be transferred to the jail of the county of original conviction to serve the period of revocation or to await formal commitment to the department or any other ordered confinement facility or supervision status unless otherwise ordered by the judge holding the revocation hearing."
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 Garner of the 30th and Starr of the 44th offered the following amendment:
Amend the substitute to HB 576 offered by the Senate Committee on Corrections as follows:
By inserting in line 7 on page 1 between the word and semicolon "vacancies;" and the word "to" the following:
"to amend Code Section 42-5-59 of the Official Code of Georgia Annotated, relating to the employment of inmates of correctional institutions in the community, so as to authorize the employment or training of inmates within the confines of correctional institutions;".

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By renumbering Sections 2, 3, and 4 as Section 3, 4 and 5, respectively, and by inserting between lines 4 and 5 on page 3 a new Section 2 to read as follows:
"Section 2. Code Section 42-5-59 of the Official Code of Georgia Annotated, relating to the employment of inmates of correctional institutions in the community, is amended by adding at the end thereof a new subsection (e) to read as follows:
'(e) The commissioner may authorize an inmate, under prescribed conditions, to work at paid employment or participate in a training program when the employment or training is within the confines of the institution to which the inmate is committed or within the confines of another correctional institution of the department. Accepting such employment or participating in such training shall be on a voluntary basis, and the conditions and re quirements of this Code section for employment or training of inmates within the commu nity shall apply to any employment or training program for inmates established by the com missioner pursuant to the provisions of this subsection.' "

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

On the adoption of the substitute, the yeas were 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:

Allgood Baldwin Broun Burton Clay Collins Coverdell Dawkins Dean Echols Edge English

Foster Fuller Hammill Harris Howard Huggins Kennedy Kidd Land Newbill Olmstead Perry

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

Those not voting were Senators:

Albert Barker Barnes BBorawnennon
Coleman Deal

Engram (excused) Fincher Garner JGoihlhnsson
Langford McKenzie

Parker Peevy Shumake S_ tumb, augh,
Tate Walker

On the passage of the bill, the yeas were 36, nays 0.

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

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HB 725. By Representatives Dobbs of the 74th, Colwell of the 4th and Lane of the lllth:
A bill to amend Code Section 50-16-161 of the Official Code of Georgia Anno tated, relating to the applicability to movable personal property of the central inventory of personal property maintained by the Department of Administrative Services, so as to change the provisions relating to the acquisition costs of an agency's personal property required to be included in the inventory.
Senate Ssppoonsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Broun B^011 Clay
CCCoo!vlfhemnrdsaenll
Dawkins Deal Dean Echols Edge

English Fincher Foster Fuller Hammill Harris
JSHouhgWngsamordns
Kennedy Kidd Land Newbill Olmstead

Peevy Phillips Pollard Ragan of loth R of 32nd pja

SS_ ccootttt

of of

2nd 36th

Starr Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Barker Bowen Brannon Engram (excused)

Garner Gillis Langford McKenzie Parker

Perry Shumake Stumbaugh Tate Walker

On the passage of the bill, the yeas were 41, nays 0.

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

HB 501. By Representatives Bannister of the 62nd and Barnett of the 59th:
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 ex empt persons not domiciled in Georgia from certain provisions.
Senate Sponsor: Senator Peevy of the 48th.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 501 by striking from line 15 on page 1 the words "a resident" and inserting in lieu thereof the word "domiciled".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

TUESDAY, MARCH 7, 1989

1803

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:

Allgood Baldwin Barnes Burton Clay Coleman Collins Dawkins Deal Dean Echols English Fincher Foster

Fuller Hammill Harris Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Turner Tysinger

Those voting in the negative were Senators:

Coverdell Edge

Howard

Taylor

Those not voting were Senators:

Albert Barker Bowen Brannon

Broun Engram (excused) Garner Gillis

Langford Stumbaugh Walker

On the passage of the bill, the yeas were 41, nays 4.
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 175. By Senator McKenzie of the 14th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Sumter County, Georgia; to provide an effective date.

The House substitute to SR 175 was as follows:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Sumter County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property containing ap proximately 95 acres located in Sumter County, Georgia; and
WHEREAS, said real property is all that tract or parcel of land lying and being in Sumter County, Georgia, located in the 27th Land District, it lying in and being a part of land lot numbers 80, 81, 82, 99, and 100 and being generally described as follows:
That certain now vacant triangular tract or parcel of land lying in Land Lot 80, north of

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the east/west runway and east of the north/south runway of Souther Field containing ap proximately 25 acres, and that tract lying in Land Lots 81, 82, 99, and 100 lying south of the east/west runway and west of the north/south runway of Souther Field containing approxi mately 70 acres, the property here described is more particularly shown on a drawing out lined in red on file in the office of the State Properties Commission, and will be more partic ularly described by a plat of survey that will be prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission by the Board of Commissioners of Sumter County;
and
WHEREAS, said property is under the custody and management of the Georgia De partment of Technical and Adult Education; and
WHEREAS, the Board of Directors of the South Georgia Technical Institute has ap proved the disposition of the above property; and
WHEREAS, said property is not being utilized by the Georgia Department of Technical and Adult Education and is therefore surplus to its needs; and
WHEREAS, said property was conveyed to the state by deed of gift from Sumter County; and
WHEREAS, the Board of Commissioners of Sumter County is desirous of obtaining the above-described property for industrial development.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the above-described real property shall be conveyed by appropriate instrument to the Sumter County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, for a consideration determined by the State Properties Commission and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 3. That, if the Sumter County Board of Commissioners determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated, requir ing that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, to be furnished by the purchaser and presented to and approved by the State Properties Commission, shall constitute an accept able plat for filing.
Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.

TUESDAY, MARCH 7, 1989

1805

Section 7. That all laws and parts of laws in conflict with this resolution are repealed.

Senator McKenzie of the 14th moved that the Senate agree to the House substitute to SR 175.

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Broun
?Cluaryton CQ olllejman Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Fuller
Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie

Newbill Olmstead Parker Perry
Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Timmons Turner Tysinger

Those not voting were Senators:

Albert Barker BBorawnennon Engram (excused) Garner

Gillis Langford ,,Peeyy Phillips Scott of 2nd

Shumake Stumbaugh ,,Tate Taylor Walker

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 175.

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

HB 324. By Representative Stephens of the 68th:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to authorize college and university campus law enforcement agencies to use speed detection devices on roads and streets traversing their campuses; to provide for definitions; to provide for issuance, suspension, and revocation of permits for the use of such devices.
Senate Sponsor: Senator Broun of the 46th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes

Broun Burton Clay

Coleman Collins Coverdell

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Deal Dean Echols Edge English Fincher Foster Fuller Hammill Harris

Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Pollard Ragan of 32nd Ray Scott of 36th Starr Taylor Timmons Turner

Those not voting were Senators:

Albert Barker Bowen Brannon Dawkins Engram (excused)

Garner Gillis Langford Phillips Ragan of 10th Scott of 2nd

Shumake Stumbaugh Tate Tysinger Walker

On the passage of the bill, the yeas were 39, nays 0.

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

HB 733. By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to the removal, resignation, settlement, and letters of dismis sion of a guardian, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust.
Senate Sponsor: Senator Burton of the 5th.

Senator Fuller of the 52nd offered the following substitute to HB 733:

A BILL
To be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust; to provide that in cases where an action is pending or the probate court of jurisdiction has issued an order for an accounting or removal of a guardian, the guardian shall not be discharged and the probate court of original jurisdiction shall not lose jurisdiction by virtue of the fact that the guard ian has changed his residence to another county or has initiated proceedings to remove the trust to another jurisdiction; to provide that the probate court of original jurisdiction shall also retain authority to appoint a successor guardian; to provide for other matters relating thereto; to provide that where a personal injury action is brought by a minor child through a natural guardian as next friend, and where the amount in controversy is $20,000.00 or less, the trial judge may authorize such natural guardian to compromise such claim and to re ceive sums paid pursuant to a compromise or judgment without filing a bond; to provide that where the amount in controversy exceeds $20,000.00 or where the trial judge otherwise requires a bond, the natural guardian shall file a bond with the judge of the probate court; to provide that the trial judge shall set the amount of any such bond; to provide that such natural guardian shall submit an annual report as required by the judge of the probate court; to provide that the judge of the probate court may authorize any natural guardian to compromise such claim not exceeding $20,000.00 and to receive such sum without filing a bond; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 7, 1989

1807

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking Code Section 29-2-70, relating to removal of trust to county of a guardian's residence, in its entirety and inserting in lieu thereof a new Code Section 29-270 to read as follows:
"29-2-70. (a) A guardian whose county of residence is or becomes a county other than the county of his appointment may remove the trust to the jurisdiction of the judge of the probate court of his own county.
(b) In order to remove his trust to the county of his residence, the guardian shall first give bond and good security to the judge of the probate court of such county as if the guardian had first been appointed by him; a certificate to this effect shall be filed with the judge of the probate court by whom the guardian was appointed. Thereupon, the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust to the judge of the probate court of the county of the guardian's residence. The guardian shall obtain properly authenticated certified copies of all the records concerning his guardianship and of the order transferring the same to the county of his residence from the judge by whom he was appointed. The certified copies shall be filed with and recorded by the judge of the guardian's county of residence, who shall then have the same jurisdiction over the guardian as if the guardian had been first appointed by him.
(c) Following removal of the trust to the county of the guardian's residence, every case growing out of or affecting the trust shall be heard and tried only in that county to which the trust has been removed.
(d) The sureties upon the guardian's first bond shall be liable only for misconduct of the guardian up until the giving of new bond and security. The sureties upon the new bond shall be liable for both past and future misconduct of the guardian.
(e) In any case where an action is pending or the probate court has issued an order for an accounting or removal of a guardian, the guardian shall not be discharged and the pro bate court of original jurisdiction shall not lose jurisdiction by virtue of the fact that the guardian has changed his residence to another county or has initiated proceedings to remove the trust to another jurisdiction. The probate court of original jurisdiction shall also retain authority to appoint a successor guardian."
Section 2. Said title is further amended by adding a new subsection immediately follow ing subsection (c) of Code Section 29-4-2, relating to natural guardians of minor children, to be designated subsection (d), to read as follows:
"(d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal injury sustained by such child, the following provisions shall apply:
(1) If legal action has been initiated against the tort-feasor for recovery of damages through a natural guardian as next friend, and the amount in controversy is $20,000.00 or less, the judge before whom such action is pending may, in his discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without filing any bond; in cases in which the amount in controversy exceeds $20,000.00, or where the trial judge otherwise requires a bond, the natural guardian shall file with the judge of the probate court a bond in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment, and the natural guardian shall make such annual report as the probate judge may require; and
(2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim not ex ceeding $20,000.00 without filing a bond."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and bill would be suspended and placed on the Senate General Calendar.
HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provi sions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.
Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Special Judiciary offered the following substitute to HB 139:
A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the fed eral Family Support Act of 1988 (Pub. Law 100-485); to amend the provisions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations; to provide for income deduction orders; to provide definitions for in come deduction orders; to provide for the issuance of income deduction orders; to provide for enforcement of income deduction orders; to provide for guidelines for the setting of child support awards; to amend the provisions relating to the use of child support award guide lines by the department; to amend the provisions relating to the authority to review child support orders periodically and modify such orders as conditions merit; to provide for the recovery of costs to employers for voluntary wage assigments; to provide for the removal of contract limitations on the department; to change the provisions relating to authority of district attorneys; to change the provisions relating to wage assignments; to change the pro visions relating to voluntary wage assignments; to provide for the inclusion of medical sup port and accident and sickness insurance coverage in administrative orders; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking Code Section 19-6-15, relating to child support in a final ver dict or decree, and inserting in lieu thereof a new Code Section 19-6-15 to read as follows:
"19-6-15. (a) In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final ver dict or decree shall further specify in what manner, how often, to whom, and until when the support shall be paid. When support is awarded, the party who is required to pay the sup port shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree. Furthermore, nothing contained within this Code section shall pre vent the parties from entering into an enforceable agreement to the contrary, which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section.
(b) The child support award shall be computed as provided in this subsection.
(1) Computation of child support shall be based upon gross income.
(2) For the purpose of determining the obligor's child support obligation, gross income shall include 100 percent of wage and salary income or other compensation for personal

TUESDAY, MARCH 7, 1989

1809

services, interest, dividends, net rental income, self-employment income, and all other in come, except need-based public assistance.

(3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be deter mined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income.

(4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income.

(5) The amount of child support shall be determined by multiplying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are:

Number of Children
1 2 3 4 5 or more

Percentage of Gross Income Range 17 percent to 23 percent 23 percent to 28 percent 25 percent to 32 percent 29 percent to 35 percent 31 percent to 37 percent

These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial.

(c) The trier of fact may vary the final award of child support, up or down, outside the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding of special circumstances. The special circumstances may be any factor which the trier of fact deems to be required by the ends of justice. Some of the factors which may warrant such variations include, but are not limited to:

(1) Ages of the children;

(2) Medical costs;

(3) Educational costs;

(4) Day care costs;

(5) Shared physical custody arrangements, including extended visitation;

(6) A party's other support obligations to another household;

(7) Income that should be imputed to a party because of suppression of income;

(8) In-kind income for the self employed, such as reimbursed meals or a company car;

(9) Other support a party is providing or will be providing, such as payment of a mortgage;

(10) A party's own extraordinary needs, such as medical expenses;

(11) Extreme economic circumstances (for example, unusually high debt structure or unusually high income which shall be construed as gross income of over $75,000.00 per annum);

(12) Historical spending in the family for children which varies significantly from the percentage table;

(13) Considerations of the economic cost of living factors of the obligor's community, as determined by the trier of fact;

(14) Income of the custodial parent; and

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(15) In-kind contribution of either parent.
(d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law. The commission shall also submit a report to the House Judiciary Committee and Senate Special Judiciary Committee during the 1991 regular session of the General Assembly. This report shall provide information which will allow these committees to review the effectiveness of the guidelines and, if necessary, revise these guidelines."
Section 2. Said title is further amended by adding at the end of Code Section 19-6-30, relating to provisions for collection by continuing garnishment for support, a new subsection (c) to read as follows:
"(c) All Title IV-D (child support recovery) cases involving orders of support of a child or spouse entered or modified prior to July 1, 1989, or thereafter shall be subject to income deduction as defined in Code Sections 19-6-31, 19-6-32, and 19-6-33. All other orders are expressly excluded from the application of these provisions."
Section 3. Said title is further amended by adding at the end of Chapter 6 of said title, relating to alimony and child support generally, three new Code sections, to be designated as Code Sections 19-6-31, 19-6-32, and 19-6-33, to read as follows:
"19-6-31. As used in Code Sections 19-6-32 and 19-6-33, the term:
(1) 'Accruing on a daily basis' means the amount of support computed by conversion of the periodic amount to an annual sum, divided by 365.
(2) 'Court' includes proceedings conducted by an appointed court referee and proceed ings conducted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' as relates to the enforcement of the duty of support as defined in Chapter 11 of Title 19.
(3) 'Department' means the Department of Human Resources.
(4) 'Family member' means any minor child of the defendant or a spouse or former spouse of the defendant.
(5) 'Income' or 'earnings' means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise and includes peri odic payments pursuant to a pension or retirement program.
(6) 'IV-D' means Title IV-D of the federal Social Security Act.
(7) 'IV-D agency' means the Office of Child Support Recovery of the Department of Human Resources and its contractors.
(8) 'IV-D judgment' means any order or judgment of a court of this state, any order or judgment of a court of another state or any final administrative order issued by another state and transmitted to this state for the purpose of wage deduction pursuant to Code Section 19-6-33, any order of this state entered pursuant to a proceeding under Chapter 10 of Title 19, or any final administrative order for support issued by the department under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(9) 'Periodic support' means support required by the terms of a court order or judgment or an administrative order to be paid regularly on a daily, weekly, monthly, or similar speci fied frequency.
19-6-32. (a) (1) After July 1, 1989, upon the application to the child support (IV-D) agency, and upon the entry of a judgment establishing, enforcing, or modifying a child sup port obligation or spousal support obligation under subsection (d) of Code Section 19-11-6, the court, referee of the court, or administrative hearing officer shall enter a separate order

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for income deduction if one has not been entered. Copies of the order shall be served on the obligee and obligor. If the support order directs that support payments be made through the child support receiver, the court shall provide a copy of the support order to the receiver. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the court, referee, or administrative hearing officer shall furnish copies of the support order and the income deduction order to the IV-D agency.
(2) For all child support orders or spousal support orders under subsection (d) of Code Section 19-11-6 prior to July 1, 1989, an order for income deduction may be issued without need for any amendment to the order involved or any further action by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative hearing officer is afforded.
(b) The income deduction order shall:
(1) Direct a payer to deduct from all income due and payable to an obligor the amount required by the court to meet the obligor's support obligation;
(2) State the amount of arrearage owed, if any, and direct a payor to withhold an addi tional 20 percent of the periodic amount specified in the support order, until full payment is made of an arrearage; and
(3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended.
(c) The income deduction order is effective immediately unless the court upon good cause shown finds that the income deduction shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both par ties which provides for an alternative arrangement.
(d) The income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of the court.
(e) When the court orders the income deduction to be effective immediately, the court shall furnish to the obligor a statement of his rights, remedies, and duties in regard to the income deduction order. The statement shall state:
(1) All fees or interest which shall be imposed;
(2) The total amount of income to be deducted for each pay period until the arrearage, if any, is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Sec tion 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended;
(3) That the income deduction applies to current and subsequent payers and periods of employment;
(4) That a copy of the income deduction order will be served on the obligor's payor or payers;
(5) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and
(6) That the obligor is required to notify the obligee and, when the obligee is receiving Title IV-D services, the IV-D agency within seven days of changes in the obligor's address and payors and the addresses of his payers.
(f) When the court orders the income deduction to be effective upon a delinquency in an amount equal to one month's support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee may enforce the income deduction by serving notice of delinquency on the obligor. The notice of delinquency shall state:
(1) The terms of the support order;

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(2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed;
(3) All fees or interest which may be imposed;
(4) The total amount of income to be deducted for each pay period until the arrearage and all applicable fees and interest is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended;
(5) That a copy of the notice of delinquency will be served on the obligor's payor or payers, together with a copy of the income deduction order unless the obligor applies to the court to contest enforcement of the order. The application shall be filed within 15 days after the date the notice of delinquency was served;
(6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and
(7) That the obligor is required to notify the obligee of the obligor's current address and current payers and the address of current payers. All changes shall be reported by the obli gor within seven days. If the IV-D agency is enforcing the order, the obligor shall make these notifications to the agency instead of to the obligee.
The failure of the obligor to receive the notice of delinquency does not preclude subsequent service of the income deduction order on the obligor's payer. A notice of delinquency which fails to state an arrearage does not mean that an arrearage is not owed.
(g) At any time, any party, including the IV-D agency, may apply to the court, referee of the court, or administrative hearing officer to:
(1) Modify, suspend, or terminate the order for income deduction because of a modifi cation, suspension, or termination of the underlying order for support; or
(2) Modify the amount of income deducted when the arrearage has been paid.
19-6-33. (a) The obligee or his agent shall serve an income deduction order and the notice to the payor, and in the case of a delinquency a notice of delinquency, on the obli gor's payor unless the obligor has applied for a hearing to contest the enforcement of the income deduction order pursuant to subsection (c) of this Code section.
(b) Service by or upon any person who is a party to a proceeding under this Code section shall be made in the manner prescribed by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.' Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail.
(c) (1) The obligor, within 15 days after having an income deduction order entered or within 15 days after service of a notice of delinquency, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of sup port, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay the service of an income deduction order on all payers of the obligor until a hearing is held and a determination is made as to whether the enforcement of the income deduction is proper. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the income deduction on the obli gor's payor.
(2) When an obligor timely requests a hearing to contest enforcement of an income deduction order, the court, referee, or administrative hearing officer after due notice to all parties and the IV-D agency, if the obligee is receiving IV-D services, shall hear the matter within 20 days after the application is filed. The court, referee, or administrative hearing officer shall enter an order resolving the matter within ten days after the hearing. A copy of

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this order shall be served on the parties and the IV-D agency if the obligee is receiving IV-D services. If the court determines that service of an income deduction order is proper, it shall specify the date the income deduction order must be served on the obligor's payor.
(d) When a court, court referee, or administrative hearing officer determines that an income deduction order is proper pursuant to subsection (c) of this Code section, the obligee or his agent shall cause a copy of the income deduction order and a notice to payor, and in the case of a delinquency a notice of delinquency, to be served on the obligee's payers. A copy of the notice to the payor, and in the case of a delinquency a notice of delinquency, shall also be furnished to the obligor.
(e) The notice to payor shall contain only information necessary for the payor to com ply with the income deduction order. The notice shall:
(1) Require the payor to deduct from the obligor's income the amount specified in the income deduction order, and in the case of a delinquency the amount specified in the notice of delinquency, and to pay that amount to the obligee or to a child support receiver, the IVD agency, or other designee, as appropriate. The amount actually deducted plus all adminis trative charges shall not be in excess of the amount allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b);
(2) Instruct the payor to implement the income deduction order no later than the first pay period that occurs after 14 days following the date the notice was mailed;
(3) Instruct the payor to forward, within two days after each payment date, to the obli gee or the receiver the amount deducted from the obligor's income and a statement as to whether that amount totally or partially satisfies the periodic amount specified in the in come deduction order. If the IV-D agency is enforcing the order, the payor shall make these notifications to the agency instead of the obligee;
(4) Specify that if a payor willfully fails to deduct the proper amount from the obligor's income, the payor is liable for the amount the payor should have deducted, plus costs, inter est, and reasonable attorney's fees;
(5) Provide that the payor may collect up to $25.00 against the obligor's income to reimburse the payor for administrative costs for the first income deduction and up to $5.00 for each deduction thereafter;
(6) State that the income deduction order and the notice to payor, and in the case of a delinquency the notice of delinquency, are binding on the payor until further notice by the obligee, IV-D agency, or the court or until the payor no longer provides income to the obli gor or until the total amount ordered to be deducted in the income deduction order is deducted;
(7) Instruct the payor that, when the payor no longer provides income to the obligor, the payor shall notify the obligee and shall also provide the obligor's last known address and the name and address of the obligor's new payor, if known, and that, if the payor willfully violates this provision, the payor is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for any subsequent violation. If the IV-D agency is enforcing the order, the payor shall make these notifications to the agency instead of to the obligee. Pen alties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order;
(8) State that no payor may discharge an obligor by reason of the fact that income has been subjected to an income deduction order under Code Section 19-6-32 and that a viola tion of this provision subjects the payor to a civil penalty not to exceed $250.00 for the first violation or $500.00 for a subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor;
(9) Inform the payor that the income deduction order has priority over all other legal processes under state law pertaining to the same income and that payment, as required by

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the income deduction order, is a complete defense by the payor against any claims of the obligor or his creditors as to the sum paid;
(10) Inform the payor that if the payor receives income deduction orders requiring that the income of two or more obligors be deducted and sent to the same depository, he may combine the amounts paid to the depository in a single payment as long as he identifies that portion of the payment attributable to each obligor; and
(11) Inform the payor that if the payor receives more than one income deduction order against the same obligor, he shall contact the court for further instructions. Upon being so contacted, the court shall allocate amounts available for income deduction giving priority to current child support obligations up to the limits imposed under Section 303(b) of the fed eral Consumer Credit Protection Act, 15 U.S.C. Section 1673(b).
(f) At any time an income deduction order is being enforced, the obligor may apply to the court for a hearing to contest the continued enforcement of the income deduction order on the same grounds set out in subsection (c) of this Code section, with a copy to the obligee and, in IV-D cases, to the IV-D agency. The application does not affect the continued en forcement of the income deduction order until the court enters an order granting relief to the obligor. The obligee of the IV-D agency is released from liability for improper receipt of moneys pursuant to an income deduction order upon return to the appropriate party of any moneys received.
(g) An obligee, or his agent, shall enforce income deduction orders against an obligor's successor payor who is located in this state in the same manner prescribed in this Code section for the enforcement of an income deduction order against a payor.
(h) (1) When an income deduction order is to be enforced against a payor located outside the state, the obligee who is receiving IV-D services or his agent shall promptly request the agency responsible for income deduction in the other state to enforce the income deduction order. The request shall contain all information necessary to enforce the income deduction order, including the amount to be periodically deducted, a copy of the support order, and a statement or arrearages, if applicable.
(2) When the IV-D agency is requested by the agency responsible for income deduction in another state to enforce an income deduction order against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency in the other state, the IV-D agency shall act promptly pursuant to the applicable provisions of this Code section.
(3) When an obligor who is subject to an income deduction order enforced against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency responsible for income deduction in another state terminates his relationship with his payor, the IV-D agency shall notify the agency in the other state and provide it with the name and address of the obligor and the address of any new payor of the obligor, if known.
(4) The procedural rules and laws of this state govern the procedural aspects of income deduction orders whenever the agency responsible for income deduction in another state requests the enforcement of an income deduction order in this state.
(i) Certified copies of payment records maintained by a child support receiver or the IV-D agency shall, without further proof, be admitted into evidence in any legal proceeding in this state.
(j) No payor shall discharge an obligor by reason of the fact that income has been sub jected to an income deduction order under Code Section 19-6-32. A payor who violates this paragraph is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for any subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor.
(k) When a payor no longer provides income to an obligor, he shall notify the obligee

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1815

and, if the obligee is an IV-D applicant, the IV-D agency and shall provide the obligor's last known address and the name and address of the obligor's new payor, if known. A payor who willfully violates this subsection is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for a subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order."
Section 4. Said title is further amended by striking Code Section 19-11-12, relating to the standard for determining ability to support, which reads as follows:
"19-11-12. (a) The department shall establish a standard by which the ability of the absent responsible parent to support his child or children shall be measured. The standard shall be designed to ensure that the child for whom support is sought benefits from the income and resources of the absent parent on an equitable basis in comparison with any other minor children of the absent parent.
(b) The standard established by the department pursuant to subsection (a) of this Code section shall take into consideration:
(1) All earnings, income, and resources of the absent parent, including real and personal property;
(2) The earnings potential of the absent parent;
(3) The reasonable necessities of the absent parent;
(4) The needs of the child for whom support is sought;
(5) The amount of assistance that would be paid the child under the full standard of need established by the state plan under the federal Social Security Act; and
(6) The existence of other dependents of the absent parent.
(c) An obligor shall not be relieved of his duty to provide support when he has brought about his own unstable financial situation by voluntarily incurring subsequent obligations.",
and inserting in lieu thereof a new Code Section 19-11-12 to read as follows:
"19-11-12. (a) The department shall determine the ability of the absent responsible parent to support his child or children in accordance with the guidelines prescribed in Code Section 19-6-15.
(b) The department shall implement a process for the periodic review and adjustment of IV-D child support agency orders so that the order is reviewed no later than 36 months from establishment or from the most recent review. Exceptions to this procedure are cases where the department determines that such a review would not be in the best interests of the child and neither parent has requested such a review and in cases in which application is made under subsections (c) and (d) of Code Section 19-11-6 (NON A.F.D.C. cases) if neither parent requests such a review.
(c) The procedures shall ensure that the state notify each parent subject to a child support order in effect in the state (i) of any review of such order, at least 30 days before the commencement of such review; (ii) of the right of such parent to request the state to review such order; and (iii) of a proposed adjustment (or determination that there should be no change) in the child support award amount, and such parent is afforded, not less than 30 days after such notification, an opportunity to initiate proceedings either through an admin istrative hearing within the department or before a court to challenge such adjustment or determination.
(d) The administrative order adjusting the child support award amount which results from a hearing or the failure to contest such shall, upon filing with the local clerk of the court, have the full effect of a modification of the original order or decree of support. As part of the order adjusting the child support award the hearing officer shall issue an income deduction order which shall also be filed with the court pursuant to Code Sections 19-6-30, 19-6-31, 19-6-32, and 19-6-33.

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(e) An obligor shall not be relieved of his duty to provide support when he has brought about his own unstable financial condition by voluntarily incurring subsequent obligations."
Section 5. Said title is further amended by striking Code Section 19-11-15, relating to voluntary support agreements, and inserting in lieu thereof a new Code Section 19-11-15 to read as follows:
"19-11-15. (a) When the department has completed its investigation, has applied the standard established pursuant to Code Section 19-11-12 to an absent parent, and believes that the absent parent is able to furnish a certain amount of support, the department may request the absent parent to agree in writing to provide the support amount along with accident and sickness insurance coverage consistent with Code Section 19-11-26. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-34. If the department is unable to secure a voluntary support agreement from the parent, the depart ment or its designated hearing officer may conduct an administrative hearing to determine finally the ability to support, the ability to provide accident and sickness insurance cover age, and the amount of support.
(b) The hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least ten days before it is held, and the hearing decision shall issue not more than ten days after the hearing.
(c) Whenever the department, after a hearing, determines the amount of support and the ability to provide sickness and accident insurance coverage, it shall deliver the determi nation to the absent parent personally or shall send it by regular mail. The final order shall include an order for income deduction consistent with Code Sections 19-6-30 through 19-634, and inform the absent parent in plain language:
(1) That failure to support may result in the foreclosure of liens on his personal or real property, in garnishment of his wages or other personalty, or in other collection actions; and
(2) That he has the right to appeal the determination within 30 days."
Section 6. Said title is further amended by adding at the end of Code Section 19-11-20, relating to wage assignments, a new subsection (d) to read as follows:
"(d) The employer or payer may collect up to $25.00 against the obligor's income to reimburse the employer or payor for administrative costs for the first income deduction and up to $5.00 for each deduction thereafter."
Section 7. Said title is further amended by striking Code Section 19-11-23, relating to authority of district attorneys, and inserting in lieu thereof a new Code Section 19-11-23 to read as follows:
"19-11-23. The district attorneys of this state shall be authorized to render such assis tance to the department as the department may request and to file and prosecute, in any of the several courts of this state or of the United States, such civil or criminal actions on behalf of the department as may be necessary to ensure the proper enforcement of this article."
Section 8. 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 139 offered by the Senate Committee on Special Judiciary by striking on page 14, lines 4 through 6, the words,
"or until the total amount ordered to be deducted in the income deduction order is deducted".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

TUESDAY, MARCH 7, 1989

1817

Senators Edge of the 28th, Taylor of the 12th, Peevy of the 48th and Deal of the 49th offered the following amendment:

Amend the substitute to HB 139 offered by the Senate Committee on Special Judiciary by adding on line 32 of page 4 the word "and" following the ";";
Further by striking on line 33 of page 4 beginning with "(14)" and ending with "and";
Further by renumbering "(15)" on line 34 of page 4 as "(14)"; and
Further by adding on line 17 on page 5 the following:
"(e) The trier of fact shall consider the income of the custodial parent in arriving at a final award of child support."

On the adoption of the amendment, the yeas were 30, nays 1, and the amendment was adopted.

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Broun Burton Clay /CC-( oo1vl1he. nrds ell Dawkins Deal
Dean Echols Edge English Fincher

Foster Fuller Gillis Hammill
Harris Howard Huggins JKToehi nnnseodny Kidd Land
Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd p^ s ,, , O 0SCcUoL.tL,t O of,I 3/,,.I,,61,U t,h Shumake Starr
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon

Coleman Engram (excused) Garner

McKenzie Stumbaugh Timmons

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

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

HB 885. By Representative Reaves of the 147th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to continue the State Struc-

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tural Pest Control Commission but provide for the later termination of the com mission and the repeal of the laws relating thereto.
Senate Sponsor: Senator English of the 21st.

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English Fincher

Foster Fuller Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard 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:

Albert Allgood Bowen Brannon

Coleman Engram (excused) Garner Hammill

McKenzie Ray Stumbaugh

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

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

HB 409. By Representative Birdsong of the 104th:
A bill to amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the right of way between motor vehicles, so as to provide for uniform rules of the road relative to the operation of motor vehicles in a funeral procession; to provide the conditions and exceptions under which funeral processions shall have the right of way and the manner of operating vehicles not a part of a funeral procession.
Senate Sponsors: Senators Brannon of the 51st and Burton of the 5th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin

Barker Barnes

Broun Burton

TUESDAY, MARCH 7, 1989

1819

Clay Collins Coverdell Dawkins
English Fincher Foster Gillis Hammill Harris

Howard Huggins Johnson Kennedy
Kidd Land Langford
McKenzie Newbill Olmstead Parker Peevy Perry

Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake
Starr Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Fuller.

Those not voting were Senators:

Albert Bowen Brannon

Coleman Engram (excused) Garner

Phillips Stumbaugh Tate

On the passage of the bill, the yeas were 46, nays 1.

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

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

Mr. President:

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

HB 105. By Representative Murphy of the 18th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, so as to authorize attorneys to establish interest-bearing trust accounts for clients' funds from which proceeds are donated to government operated or government sponsored indigent defense plans or programs; to authorize financial institutions to main tain the accounts and to remit the interest payments.

The House insists on its position in substituting the following bill of the Senate:

SB 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

The House insists on its position in disagreeing to the Senate substitute, and has ap-

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pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th, Walker of the 115th, Isakson of the 21st and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide a frame work to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.

The Speaker has appointed on the part of the House, Representatives Groover of the 99th, Lawson of the 9th and Lane of the 27th.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 261. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, so as to change the provisions relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance; to change certain provisions relating to shopping centers and malls.

The House insists on its position in substituting the following bill of the Senate:

SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.

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

HR 277. By Representatives Birdsong of the 104th and Hudson of the 117th: A resolution designating the A. T. Land, Sr. Highway. Senate Sponsors: Senators Huggins of the 53rd and Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Clay Collins

Coverdell Dawkins Deal Dean Echols Edge English Fincher

Foster Fuller Gillis Hammill Harris Howard Huggins Johnson

TUESDAY, MARCH 7, 1989

1821

Kennedy Kidd and XT j.]i Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ra&an of 32nd Ray Scott of 2nd

Scott of 36th Shumake Starr Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon Coleman

Engram (excused) Garner McKenzie

Stumbaugh Tate Taylor

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

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

HB 742. By Representative Walker of the 115th:
A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions designating the location of the principal office or residence of the Municipal Gas Authority of Georgia from Fulton County to either Fulton County or any county contiguous to Fulton County.
Senate Sponsor: Senator Howard of the 42nd.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Broun B urt n
Coverdell Dawkins Dea] Dean Echols Edge English

Fincher Foster Fuller Gillis Hammill Harris Huggins
Kennedy
Kidd Land Langford Olmstead Parker Peevy

Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th
Shumake
Starr Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert *B*oarwneens Brannon Engram (excused)

Garner Howard Johnson McKenzie

Newbill Phillips Stumbaugh Taylor

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

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

HB 629. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for instructional and other costs under the "Quality Basic Education Act," so as to change the provisions relating to funding for direct in structional costs.
Senator Sponsor: Senator Barnes of the 33rd.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Coleman Collins Coverdell Dawkins Dean Echols Edge English Fincher

Foster Fuller Gillis Hammill Harris Huggins Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Bowen Brannon Clay Deal

Engram (excused) Garner Howard Johnson

Phillips Shumake Stumbaugh Walker

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

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

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

HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide a frame work to facilitate and encourage coordinated, comprehensive state-wide planning

TUESDAY, MARCH 7, 1989

1823

and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.
Senator Barnes of the 33rd moved that the Senate adhere to the Senate substitute to HB 215, 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 215.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Barnes of the 33rd, Dean of the 31st and Kidd of the 25th.
Senator Barnes of the 33rd moved that the following bill of the House, having been passed previously today, be immediately transmitted to the House:
HB 370. By Representatives Cummings of the 17th, Benefield of the 72nd, Robinson of the 96th, Hamilton of the 124th and others: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that cer tain absences for religious holidays shall not be charged against sick leave.
On the motion the yeas were 34, nays 0; the motion prevailed, and HB 370 was immedi ately transmitted to the House.
The following general bill of the House, having been passed by substitute on March 6 and reconsidered and placed at the foot of the Senate Rules Calendar for today, was put upon its passage:
HB 331. By Representative Groover of the 99th: A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of a petition with a court for the according of a program of services to a mentally retarded person, so as to change the criteria for admission to residential facilities for the mentally retarded.
Senator Taylor of the 12th moved that HB 331 be committed to the Senate Committee on Human Resources.
On the motion, the yeas were 39, nays 9; the motion prevailed, and HB 331 was com mitted to the Senate Committee on Human Resources.
The following general bill of the House, having been read the third time and tabled on February 21, taken from the Table and passed as amended on February 28, reconsidered and tabled on February 28, and taken from the Table and placed at the foot of the Senate Rules Calendar for today, was put upon its passage:
HB 94. By Representatives Colwell of the 4th and Foster of the 6th: A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Anno tated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursu ant to probation revocation in alternatives to include community service, inten sive probation, diversion centers, probation detention centers, special alternative incarceration.
Senate Sponsor: Senator Garner of the 30th.

1824

JOURNAL OF THE SENATE

The amendment offered by Senator Deal of the 49th was adopted on February 28 and appears in the Journal of that date.

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:

Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford McKenzie Newbill

Voting in the negative was Senator Walker.

Those not voting were Senators:

Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Starr Tate Taylor Timmons Turner Tysinger

Albert Bowen Brannon Engram (excused)

Garner Johnson Phillips Scott of 2nd

Scott of 36th Shumake Stumbaugh

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

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

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Joe Frank Harris, in communications to the Senate on February 9 and March 2, 1989.

Senator Allgood of the 22nd asked unanimous consent that the reading of the appoint ments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments unless any Senator requested any appointee be deleted from the list and voted on individually. The consent was granted.

TUESDAY, MARCH 7, 1989

1825

The Committee on Education submitted the following report which was read by the Secretary:

The State Senate Atlanta, Georgia 30334
February 22, 1989
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol, Room 351 Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Education met on Wednesday, February 22, 1989 and considered the Governor's appointees to the State Board of Education and voted unanimously to rec ommend to the Senate that the following appointees be confirmed:
Honorable Albert J. Abrams of Bibb County, term beginning April 29, 1988 and ending January 1, 1995
Honorable C. Joe Sears of Brantley County, term beginning May 11, 1988 and ending January 1, 1995
Thank you.
Sincerely,
/s/ John C. Foster

No Senator requested the name of any appointee be deleted.

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Broun urton
ay
Coverdell Dawkins Deal Dean Echols Edge English

Fincher Foster Fuller Gillis
Hammill Harris Howard
Huggins Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Pollard
Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert
Bowen Brannon Engram (excused)

Garner Johnson Phillips

Scott of 2nd Shumake Stumbaugh

1826

JOURNAL OF THE SENATE

On the confirmation, the yeas were 46, nays 0, and all of the Governor's appointees which appear in the Journal of March 13, 1989, were confirmed.
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 70. By Senators McKenzie of the 14th, Gillis of the 20th and Turner of the 8th: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill opera tors; to provide for examinations; to provide for reciprocity; to provide for inves tigations; to provide for classification of sanitary landfills.
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 3:26 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

WEDNESDAY, MARCH 8, 1989

1827

Senate Chamber, Atlanta, Georgia Wednesday, March 8, 1989
Thirty-eighth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by Senator Kennedy of the 4th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Baldwin of the 29th moved that the Senate reconsider its action of March 7 in defeating the following bill of the House:
HB 223. By Representatives Smyre of the 92nd, Hooks of the 116th, Coleman of the 118th and Lawson of the 9th: A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, known as the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide that the Geo. L. Smith II Georgia World Congress Center Authority may incur taxable or nontaxable debt; to authorize such authority to fix rentals, fees, prices, charges, and other terms, conditions, and considerations in connection with the use of any project or part thereof or combination thereof.
On the motion, the yeas were 28, nays 3; the motion prevailed, and HB 223 was recon sidered and placed at the foot of the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 315. By Senators Newbill of the 56th, Ragan of the 32nd and Clay of the 37th: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to provide for a solicitor for the State Court of Cobb County; to provide for the election, terms, compensation, and duties of said solicitor; to provide for as sistant solicitors.
SB 332. By Senators Baldwin of the 29th, Edge of the 28th and Garner of the 30th: A bill to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, as amended, so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; to provide for an effective date.
SB 341. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th: A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to amend Section 6(c)(2) "Option C" of said Act so as to disallow any lump sum distribution of benefits; to provide an effective date.

1828

JOURNAL OF THE SENATE

SB 390. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and others:
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 for an effective date.
SB 274. By Senators Harris of the 27th, McKenzie of the 14th and Ragan of the 10th:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to change the dollar amount for which counties may negotiate certain contracts; to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to local govern ment provisions applicable to public works contracts of counties only, so as to provide that county contracts shall be let to the lowest responsible bidder.
SB 321. By Senator Deal of the 49th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the "Georgia Civil Practice Act"; Chapter 12 of Title 40 of the Official Code of Georgia Annotated, relating to actions against nonresi dents, so as to change the provisions relating to service of process on the Secre tary of State; to change the practices and procedures related thereto; to change the provisions relating to fees.
SB 252. By Senators Brannon of the 51st and Garner of the 30th:
A bill to amend Article 1 of Chapter 21 of Title 31, relating to general provisions concerning dead bodies, so as to provide for cremated remains to be buried at sea under certain conditions; to provide that certain information relating to the bur ial of cremated remains at sea shall be furnished to the local registrar of births, deaths, and other vital records in the county nearest the point where the remains were buried.
SB 42. By Senator Kidd of the 25th:
A bill to amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to returns in municipal elections, so as to provide for a re count of the votes upon the petition of any candidate or political party or upon the motion of the superintendent; to provide procedures with respect to such recount in precincts where paper ballots or vote recorders have been used.
SB 387. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to require the board to prepare annually and make available for public dissemination an itemized account of all reimbursed expenses; to au thorize the expenditure of county funds for certain purposes; to provide for conditions.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 60. By Senators Land of the 16th, Stumbaugh of the 55th and Baldwin of the 29th:
A resolution creating the Joint Study Committee on Automobile Insurance Costs Containment.

WEDNESDAY, MARCH 8, 1989

1829

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 334. By Senator Tate of the 38th:
A bill to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
SB 375. By Senator Kennedy of the 4th:
A bill to amend an Act creating a new charter for the City of Ludowici, as amended, so as to provide that such city shall consist of one election district with five numbered posts; to provide for elections.
SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.
SB 150. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize regulations of the Department of Banking and Finance relative to subsidiaries and affiliates of financial institu tions, competition with others providing financial services, and unfair or decep tive business practices; to provide for additional operational powers of banks and trust companies.
SB 294. By Senator Howard of the 42nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the pro visions relating to requirements for licensure in professional counseling and so cial work.
SB 264. By Senator Dawkins of the 45th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for definitions; to provide for the legal rate of interest and pawnshop charge which may be charged by a pawnbroker; to provide that amounts in excess of the legal interest rate and pawnshop charge shall be uncollectable and shall void the pawn transaction.
SB 1. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing ac tivities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent; to direct local governments to prepare and adopt land use plans and ordinances.

1830

JOURNAL OF THE SENATE

SB 365. By Senator Pollard of the 24th:
A bill to amend an Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change certain provisions regarding the appointment of deputy sheriffs; to provide for the compensation of such deputies; to provide that the county shall furnish the uniforms and leatherware for such deputies.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
SB 249. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insur ance, life insurance, disability insurance, liability insurance, retirement and pen sion coverage, and other similar or related employment benefits for elected county officers and the personnel thereof.
SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.
SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and others:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relat ing to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 188. By Senators Johnson of the 47th, Albert of the 23rd and Dawkins of the 45th:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to provide that with respect to the crime of issuance of a bad check a single notice is sufficient to cover all checks on which payment was refused and which were written within a ten-day period to a single entity; to provide for the form of notice covering multiple checks.
The House has agreed to the Senate substitute to the following bill of the House:
HB 187. By Representative Randall of the 101st:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to change the provisions relating to execution hearings on failure of the principal to appear; to change time limits; to provide for filing of a fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting forfeiture of a bond for failure to appear.

WEDNESDAY, MARCH 8, 1989

1831

The House insists on its position in substituting the following bill of the Senate:
SB 270. By Senator Barnes of the 33rd: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.
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 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th: A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limitedaccess roads which are constructed in whole or as a part of a tollway project.
The Speaker has appointed on the part of the House, Representatives Porter of the 119th, Kilgore of the 42nd and Birdsong of the 104th.
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 297. By Senator Allgood of the 22nd: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by cer tain offices.
The Speaker has appointed on the part of the House, Representatives Groover of the 99th, Lee of the 72nd and Connell of the 87th.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 902. By Representatives Clark 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 the compensation of the chairman and other members of the board of commissioners.
HB 961. By Representatives Chambless of the 133th, White of the 132nd, Cummings of the 134th and Balkcom of the 140th: A bill to amend an Act creating a new charter for the City of Albany, so as to change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 222. By Senator Walker of the 43rd: A resolution proclaiming March 8, 1989, as Free Enterprise Day in the State of Georgia.

1832

JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bill of the House:
HB 1010. By Representatives Johnson of the 123rd, Mueller of the 126th, Alien of the 127th, Hamilton of the 124th and Pannell of the 122nd: A bill to amend an Act creating a new charter for the Town of Thunderbolt, so as to change the corporate limits of the town.
The following resolutions of the Senate were introduced, read the first time and re ferred to committees:
SR 243. By Senators Ray of the 19th, Kidd of the 25th and Gillis of the 20th: A resolution urging the Board of Regents of the University System of Georgia to convert Middle Georgia College into a four-year college.
Referred to Committee on Rules.
SR 244. By Senator Dawkins of the 45th: A resolution creating the Senate Study Committee on Cost Display on State Publications.
Referred to Committee on Rules.
SR 245. By Senators Langford of the 35th, Kidd of the 25th, Walker of the 43rd and others: A resolution creating the Senate Wrecker Service Study Committee.
Referred to Committee on Rules.
SR 246. By Senators Tate of the 38th, Foster of the 50th and Ray of the 19th: A resolution creating the Senate Study Committee on Minority Education in the Public Schools.
Referred to Committee on Rules.
SR 247. By Senators Walker of the 43rd, Olmstead of the 26th, Coleman of the 1st and others: A resolution urging the State Board of Education to facilitate an accurate census of population.
Referred to Committee on Rules.
The following bill of the House was read the first time and referred to committee:
HB 1010. By Representatives Johnson of the 123rd, Mueller of the 126th, Alien of the 127th and others: A bill to amend an Act creating a new charter for the Town of Thunderbolt, so as to change the corporate limits of the town.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Education 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:

WEDNESDAY, MARCH 8, 1989

1833

HB 415. Do pass.

Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 817. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 218. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 272. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 236. Do pass. SR 237. Do pass. SR 241. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 352. Do pass.

SB 399. Do pass.

SB 398. Do pass.

SB 400. Do pass.

1834

JOURNAL OF THE SENATE

SB 404. HB 779. HB 847. HB 849. HB 897. HB 991. HB 992. HB 995. HB 996. HB 997. HB 998. HB 1000. HB 1002. HB 1003. HB 1004. HB 1005.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1006. Do pass. HB 1007. Do pass. HB 1008. Do pass. HB 1012. Do pass. HB 1014. Do pass. HB 1016. Do pass. HB 1019. Do pass. HB 1021. Do pass. HB 1022. Do pass by substitute. HB 1024. Do pass. HB 1026. Do pass. HB 1029. Do pass. HB 1030. Do pass. HB 1032. Do pass. HB 1034. Do pass. HB 965. Do pass as amended. Respectfully submitted, Senator Harris of the 27th District, Chairman

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

SR 236. By Senator Albert of the 23rd: A resolution creating the Senate Protection of Artists Study Committee.

SR 237. By Senator Edge of the 28th:
A resolution urging that an agricultural priority be given to nurserymen and landscapers during water shortages.

SR 241. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and others:
A resolution creating the Head Injury Treatment and Rehabilitation Study Committee.

HB 272. By Representatives Patten of the 149th, Porter of the 119th and Floyd of the 154th:
A bill to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands protection, so as to permit the leasing of state owned marshland and water bottoms to eligible persons as de fined, for purposes of construction, operation, and maintenance of marinas pro viding slips for more than three boats.

HB 415. By Representatives Crosby of the 150th, Colwell of the 4th, Twiggs of the 4th, Dover of the llth and others:
A bill to amend Code Section 20-2-292 of the Official Code of Georgia Annotated, relating to sparsity grants under the "Quality Basic Education Act," so as to provide for a continuation of "isolated schools" grants for certain school systems; to provide for matters relative thereto.

WEDNESDAY, MARCH 8, 1989

1835

HB 218. By Representatives Jamieson of the llth and Couch of the 36th:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency, so as to provide for circumstances in which a child is competent to testify without qualification.
HB 817. By Representatives Kingston of the 125th, Chambless of the 133rd and Hooks of the 116th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to informed consent for medical treatment, so as to change the period within which consent must be obtained.
Senator Kennedy of the 4th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Allgood Baldwin Barker Bowen
Broun Burton CC,Cr-,;ooo,,llvy,he.emnrsdaenll j) eaj Dean Echols English Engram

Fincher Foster Garner Gillis
Harris Huggins JTKL^oai-hdnJndJd,son Langford McKenzie Newbill Olmstead Parker

Those not answering were Senators:

Peevy Perry Phillips Pollard
Ragan of 10th Scott of 2nd SSSQ_Uhctaourtmrt aokife36th Tate Timmons Turner Tysinger Walker

Albert BBararnnenson Dawkins Edge

Fuller Hammill Howard Kennedy (presiding)

Ragan of 32nd Ray Stumbaugh Taylor

Senator Pollard of the 24th introduced the chaplain of the day, Reverend Ed Floyd, paster of Kiokee Baptist Church, Appling, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 248. By Senators Collins of the 17th, Coleman of the 1st, English of the 21st and Gillis of the 20th:
A resolution commending and recognizing the Georgia Forestry Association, Inc.

1836

JOURNAL OF THE SENATE

SR 249. By Senator Kennedy of the 4th: A resolution commending Mr. Lewis H. Griner, Sr.
SR 250. By Senator Kennedy of the 4th: A resolution commending Mr. Benjamin Franklin Sikes.
SR 251. By Senator Foster of the 50th: A resolution recognizing and congratulating the Towns County High School base ball team.
Senator Barker of the 18th moved that the following resolution of the Senate be with drawn from the Senate Committee on Children and Youth and committed to the Senate Committee on Rules:
SR 220. By Senators Barker of the 18th and Kidd of the 25th: A resolution creating the Senate Youth Conservation and Service Corps Study Committee.
On the motion, the yeas were 30, nays 1; the motion prevailed, and SR 220 was with drawn from the Senate Committee on Children and Youth and committed to the Senate Committee on Rules.
Senator Barker of the 18th moved that the following resolution of the Senate be with drawn from the Senate Committee on Children and Youth and committed to the Senate Committee on Rules:
SR 225. By Senators Olmstead of the 26th and Kidd of the 25th: A resolution creating the Senate Joint Custody Study Committee.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 225 was with drawn from the Senate Committee on Children and Youth and committed to the Senate Committee on Rules.
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, March 8, 1989
THIRTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 352 Allgood, 22nd Albert, 23rd City of Augusta, Richmond County To create and establish an airport authority in and for the City of Augusta and to authorize such authority to acquire, construct, equip, maintain, oper ate, own, and improve airports and landing fields for the use of aircraft, and

WEDNESDAY, MARCH 8, 1989

1837

to acquire, own, and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities includ ing real property.
SB 398 Clay, 37th Barnes, 33rd Newbill, 56th Ragan, 32nd City of Marietta Cobb County
To provide for compensation of the mayor pro tem; to change the provisions relating to membership of the board of lights and waterworks.
SB 399 Coleman, 1st Scott, 2nd Hammill, 3rd City of Savannah Chatham County
To change the corporate limits of the City of Savannah.
SB 400 Barnes, 33rd Newbill, 56th Ragan, 32nd Clay, 37th Cobb County
To authorize Cobb County to have and be authorized to exercise all redevel opment and other powers authorized or granted counties pursuant to the "Redevelopment Powers Law", as now or hereafter amended, and provide for certain such powers; to provide for a referendum.
SB 404 Barnes, 33rd Newbill, 56th Ragan, 32nd Clay, 37th Cobb County
To change the provisions relating to classified and unclassified positions in the civil service system of Cobb County.
HB 779 Allgood, 22nd Albert, 23rd Richmond County
To change the compensation of certain officials in Richmond County.
HB 847 Barnes, 33rd Newbill, 56th Clay, 37th City of Marietta Cobb County
To change the salary of the mayor pro tem; to change certain provisions re lating to the appointment and removal of certain employees of the municipal court.

1838

JOURNAL OF THE SENATE

HB 849 Newbill, 56th Clay, 37th Barnes, 33rd City of Marietta Cobb County To eliminate the requirement that members of the board of education be freeholders; to provide that a vacancy on the board of education shall be filled by the city council.
HB 897 Coleman, 1st Scott, 2nd Hammill, 3rd City of Savannah Chatham County To create the Chatham-Savannah Authority for the Homeless.
HB 991 Turner, 8th Lowndes County To authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lowndes County; to provide for the district's governing authority; to provide for the collection of service charges.
HB 992 Newbill, 56th Deal, 49th Forsyth County To provide for a separate office of the chief magistrate of the Magistrate Court of Forsyth County.
HB 995 McKenzie, 14th Peach County To grant to the Probate Court of Peach County jurisdiction to try and dis pose of cases where a person is charged with the possession of one ounce or less of marijuana under certain circumstances.
HB 996 McKenzie, 14th City of Byron Peach County To change the provisions relating to the clerk, treasurer, and marshal of the city.
HB 997 Broun, 46th Clarke County To change the salary of the chief clerk of the probate judge of the Superior Court of Clarke County.
HB 998 Clay, 37th City of Kennesaw Cobb County To change the corporate limits of the city of Kennesaw.
HB 1000 Deal, 49th Hall County To provide that the members of the Board of Commissioners elected at the

WEDNESDAY, MARCH 8, 1989

1839

1992 general election and all subsequent elections shall be elected by a ma jority vote of electors of each respective district.
HB 1002 Huggins, 53rd Fincher, 54th Catoosa, Chattooga, Dade, Walker Counties
To authorize the governing authority of each county comprising the Lookout Mountain Judicial Circuit to continue to supplement the state paid compen sation of probation officers.
HB 1003 Starr, 44th Collins, 17th Clayton County To change the amount of the county supplement to the state salary of the district attorney of the Clayton Judicial Circuit.
HB 1004 Starr, 44th Collins, 17th Clayton County
To change the county supplement to the state salary of the judges of the Superior Court of the Clayton Judicial Circuit.
HB 1005 Starr, 44th Collins, 17th Clayton County To change the compensation of the deputy clerk of the State Court of Clayton County; to change the compensation of the judge and solicitor of said court.
HB 1006 Starr, 44th Collins, 17th Clayton County To change the provisions relative to the compensation of the tax commis sioner; to change the provisions relative to the compensation of the deputy tax commissioner of Clayton County.
HB 1007 Starr, 44th Collins, 17th Clayton County
To change the compensation of the deputy clerk of the superior court of Clayton County.
HB 1008 Starr, 44th Collins, 17th Clayton County
To change the compensation of the chairman and other members of the board of commissioners of Clayton County; to extend the number of days within which the final report and audit shall be submitted to the board.
HB 1012 Brannon, 51st Clay, 37th Cherokee County
To provide for a per diem for the members of the board of education of Cher okee County.

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HB 1014 Dawkins, 45th Rockdale County
To change the method of filling vacancies on the board of commissioners of Rockdale County.

HB 1016 Taylor, 12th City of Albany Dougherty County
To provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for indi viduals 65 years of age and older.

HB 1019 Taylor, 12th Dougherty County
To authorize the Board of Education of Dougherty County to exercise certain powers relative to transfer students and students who wish to attend schools in school districts other than the districts of their residences.

HB 1021 Starr, 44th Collins, 17th Clayton County
To authorize the board of commissioners of Clayton County to supplement the salaries of the state probation officers and other probation personnel of the Clayton Judicial Circuit.

*HB 1022

Starr, 44th Collins, 17th Clayton County
To change the compensation of the judge of the Probate Court of Clayton County; to provide for an alternative salary under certain conditions. (SUB STITUTE)

HB 1024 Gillis, 20th Echols, 6th City of Baxley, Appling County
To change the terms of office and reelection dates of members of the City Council of Baxley.

HB 1026 Starr, 44th Collins, 17th Clayton County
To change the composition of the board of education of Clayton County; to change the education districts; to provide for the nomination and election of members of the board of education from separate education districts in nonpartisan primaries and elections.

HB 1029 Garner, 30th Baldwin, 29th Carroll County
To change the compensation of the clerk of the Superior Court of Carroll County.

WEDNESDAY, MARCH 8, 1989

1841

HB 1030 Garner, 30th Baldwin, 29th Carroll County To change the compensation of the judge of the State Court of Carroll County.
HB 1032 Echols, 6th Bacon County To provide that the compensation of the chairman of the board of commis sioners shall be the average of the compensation of the constitutional officers of Bacon County.
HB 1034 Echols, 6th Bacon County To increase the number of secretaries and jailers in the sheriffs office in Ba con County; to provide for a chief deputy; to provide for an investigator and his salary.
*HB 965 Timmons, llth Webster County To create a board of commissioners of Webster County. (AMENDMENT)
The amendment to the following bill was put upon its adoption:
*HB 965:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 965 as follows:
By striking the word "Marian" where it appears in line 4 on page 2 and inserting in lieu thereof the word "Marion".
By inserting in line 11 on page 2 between the word "centerline" and the word "Georgia" the word "of".
By inserting in line 16 on page 2 between the word "Road" and the word "to" the number "10".
By inserting in line 28 on page 2 between the word "with" and the word "centerline" the word "the".
By striking from lines 3 and 4 on page 7 the words "road commissioner" inserting in lieu thereof the words "chief administrative officer".
By striking from line 4 on page 7 the following:
". The road commissioner"
and inserting in lieu thereof the word "and".
By striking from line 8 on page 7 the words "road department." and inserting in lieu thereof the words "county for road construction or maintenance purposes."
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

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

*HB 1022:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1022:

A BILL

To be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4766), so as to change the compensation of said officer; 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 placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4766), is amended by striking Section 1 and substituting in lieu thereof the following:
"Section 1. The salary provided in this section for the judge of the probate court shall be his full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, including compensation earned as custodian of vital records, or any source for which said judge is entitled heretofore and which he earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The salary of said judge of the probate court shall be $62,000.00 per annum payable monthly out of the funds of Clayton County."
Section 2. This Act shall become effective on July 1, 1989.
Section 3. 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 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:

Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford

McKenzie Newbill Parker Peevy Perry Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Tysinger Walker

WEDNESDAY, MARCH 8, 1989

1843

Those not voting were Senators:

Albert Allgood (excused conferee) Dean Kennedy (presiding)

Olmstead Phillips Ragan of 10th Shumake

Starr (excused conferee) Timmons Turner (excused conferee)

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

All the bills on the Senate Local Consent Calendar, except HB 965 and HB 1022, hav ing received the requisite constitutional majority, were passed.

HB 965, having received the requisite constitutional majority, was passed as amended.

HB 1022, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR Wednesday, March 8, 1989
THIRTY-EIGHTH LEGISLATIVE DAY
SR 206 Senate Private School, Church Bus Study Committee--create (Rules--18th) HB 733 Guardian of Trust--judge who appointed may transfer jurisdiction (Substitute)
(C&Y--5th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 185 Drivers' License Suspension--provisions for return (Amendment) (S
Judy--48th)
HB 443 Probate, Municipal Courts--try certain traffic offenses (Substitute) (Judy--29th) HB 484 Farmers' Mutual Fire Insurance Companies--surplus of assets (Ins--37th) HB 626 Board of Athletic Trainers--termination date (Gov Op--25th) HB 494 Firearm, Archery Tackle--relating to negligent use (Amendment) (Nat R--21st) HB 850 School Bus Drivers--minimum salary (Approp--4th)
HB 706 Peace Officers' Annuity and Benefit Fund--narcotics agents (Pub S--24th) HB 568 Governor's Employment and Training Council--create (I&L--45th) HB 569 Unemployment Benefits--certain educators not eligible (I&L--37th) HB 469 Certain Family Violence Centers--city/county grants (Amendment) (U&CA
G--27th)
HB 8 Board of Recreation Examiners--change date of termination (Nat R--20th) HB 843 Private Activity Bonds--allocation of use (U&CA G--27th) HB 390 Department of Human Resources--child welfare services (Substitute)
(C&Y--5th)
HB 810 Buildings Where Drug Crimes Committed--close, demolish (Judy--2nd) HB 600 Conditioned Air Subcontractors--when no license required (I&L--37th) HB 432 Felony Cases--city/county governing authority offer rewards (Judy--26th) HB 743 Magistrate Courts--civil jurisdiction (Judy--47th) HB 341 Health Spas--written contracts (Substitute) (I&L--45th) HB 207 Health Insurance Group Policies--grace periods for payment (Ins--16th) HB 813 Assessment of Proposed Accident and Sickness Insurance Coverage Act
(Ins--12th)
HB 129 State Parks, Historic Sites--reduced fees for disabled veterans (Substitute) (Nat R--8th)

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HB 590 Certain Misdemeanor Cases--driver's license in lieu of bail (Amendment) (S Judy--33rd)
HB 616 Probationers--provisions on tolling of sentences (Substitute) (Corr--30th) HB 608 Public School Employees' Health Insurance--coverage (Ins--33rd) HB 962 Annexation--certain counties (U&CA G--43rd) HB 836 Fulton County Board of Elections--repeal Act providing for (Gov Op--35th) HB 734 Unlawful Enticement of Game--baited area requirements (Nat R--4th) HB 403 Polling Places--restrictions on public opinion polling (Substitute) (Gov
Op--25th) HB 55 Supreme Court Justice, Appeals Court Judge--compensation (Approp--44th) HB 613 Employees' Health Insurance--coverage (Ins--33rd) HB 582 Motor Vehicle Registration--performance bond for processors (Gov Op--43rd) HR 317 Joint Evidence Study Committee--create (Judy--49th) HB 566 Insurer Organized Under Laws of Another State--domestic insurer (Ins--39th) HB 607 County Boards of Health--compensation for meeting attendance (Hum R--25th) HR 107 Harris County--boundary line settlement agreement, certain property (Pub
U--29th) HR 22 Georgia Regional Hospital--designate certain centers (Hum R--52nd) HB 788 Public Service Commission--rules for safe installation of gas transmission facili
ties (Pub U--29th) HB 559 Chattahoochee Judicial Circuit Superior Court--additional judge (Judy--15th) HB 768 Hazardous Waste Management Authority--health insurance plan (Ins--16th) HB 679 Public Works Contract--cashier's check in lieu of performance bond (Substitute)
(U&CA G--25th)
HB 898 Canceled, Satisfied Debts to Secure Debt--filing (S Judy--33rd) HB 178 Insurance Commissioner--report on property, casualty insurance (Ins--12th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee

The following resolution of the Senate, having been withdrawn from the Senate Com mittee on Transportation and committed to the Senate Committee on Rules on March 6, and favorably reported by the committee, was read the third time and put upon its adoption:

SR 206. By Senators Barker of the 18th and Coleman of the 1st:
A resolution creating the Senate Private School and Church Bus 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:

Allgood Baldwin Barker

Barnes Bowen Brannon

Broun Burton Collins

WEDNESDAY, MARCH 8, 1989

1845

Coverdell Dawkins Deal Echols Edge EEnngglriasmh
Fincher Foster
Fuller Garner Gillis

Hammill Harris Howard Huggins Johnson KLaidndd
Langford McKenzie
Newbill Olmstead Parker

Peevy Perry Pollard Ragan of 32nd j. 0Sco,t,t of,, 3,,,,6.t,h
tarr Stumbaugh
Tate Taylor Turner

Those not voting were Senators:

Albert Clay Coleman Dean

Kennedy (presiding) Phillips Ragan of 10th Scott of 2nd

Shumake Timmons Tysinger Walker

On the adoption of the resolution, the yeas were 44, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 70. By Senators McKenzie of the 14th, Gillis of the 20th, Turner of the 8th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill opera tors; to provide for examinations; to provide for reciprocity; to provide for inves tigations; to provide for classification of sanitary landfills.

The House substitute to SB 70 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, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill operators; to pro vide for examinations; to provide for reciprocity; to provide for investigations; to provide for classification of sanitary landfills; to provide for permit conditions; to provide for public notice and hearing prior to the issuance of a permit; to prohibit operation of certain sanitary landfills without proper certification; to prohibit operation of certain sanitary landfills by uncertified operators; to authorize the director of the Environmental Protection Division of the Department of Natural Resources to refuse to grant certain permits; to provide for the conditions for such refusal; to provide for publication of notice of certain meetings at which solid waste disposal facility siting decisions are to be made; to prohibit the issuance of a permit for a sanitary landfill within two miles of certain significant ground-water recharge areas except under certain conditions; to require adequate financial responsibility for per sons operating or maintaining solid waste disposal facilities; to provide for powers and du ties of the director of the Environmental Protection Division of the Department of Natural Resources and the Board of Natural Resources with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, is amended by striking Code Section 12-8-22, relating to definitions, and inserting in its place a new Code Section 12-8-22 to read as follows:
"12-8-22. As used in this article, the term:
(1) 'Board' means the Board of Natural Resources of the State of Georgia.
(2) 'Certificate' means a document issued by a college or university of the University System of Georgia or other organization approved by the director, stating that the operator has met the requirements of the board for the specified operator classification of the certifi cation program.
(3) 'Contaminant' means any physical, chemical, biological, or radiological substance or matter.
(4) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.
(5) 'Disposal facility' means any facility or location where any treatment, utilization, processing, or deposition of solid waste occurs.
(6) 'Disposal site' means the location where the final deposition of solid waste occurs.
(7) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(8) 'Generator' means any person in Georgia or in any other state who creates solid waste.
(9) 'Hazardous constituent" means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protec tion Agency pursuant to the federal act which are in force and effect on February 1, 1988, codified as Appendix VIII to 40 C.F.R. Part 261 -- Identification and Listing of Hazardous Waste.
(10) 'Leachate collection system' means a system at a sanitary landfill for collecting the leachate which may percolate through the wastes and into the soils surrounding the landfill.
(11) 'Manifest' means a form or document used for identifying the quantity and compo sition, and the origin, routing, and destination of special solid waste during its transporta tion from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage.
(12) 'Nuisance' means anything which:
(A) Meets that definition of the term as defined by Code Section 41-1-1; and
(B) Occurs during or as the result of the handling or disposing of solid waste.
(13) 'Operator' means the person having direct supervision of daily field operation of a disposal site to ensure that the site operates in compliance with the permit.
(14) 'Person' means the State of Georgia or any other state or any agency or institution thereof, and any municipality, political subdivision, public or private corporation, special district empowered to engage in solid waste management activities, individual, partnership, association, or other entity in Georgia or any other state. This term also includes any officer or governing or managing body of any municipality, political subdivision, special district empowered to engage in solid waste management activities, or public or private corporation in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government.
(15) 'Sanitary landfill' means a disposal site where putrescible solid wastes are disposed of by means of placing an earth cover thereon.

WEDNESDAY, MARCH 8, 1989

1847

(16) 'Solid waste' means putrescible and nonputrescible wastes, except water carried body waste and materials destined for recycling, and shall include garbage, rubbish (paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage), ashes, street refuse, dead animals, sewage sludges, animal manures, industrial wastes (waste materials generated in industrial operations), residue from incineration, food processing wastes, demolition wastes, abandoned automobiles, dredging wastes, construction wastes, and any other waste material in a solid or semisolid state not otherwise defined in this article.
(17) 'Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid wastes, or any combination of such activities.
(18) 'Special solid waste' means any solid waste not otherwise regulated under Article 3 of this chapter, known as the 'Georgia Hazardous Waste Management Act,' and regulations promulgated thereunder originating or produced from or by a source or generator not sub ject to regulation under subsection (g) of Code Section 12-8-27."
Section 2. Said article is further amended by deleting "and" immediately following the semicolon at the end of subparagraph (H) of paragraph (1) of Code Section 12-8-23, relating to powers and duties of the Board of Natural Resources, and by adding three new subparagraphs immediately following subparagraph (H), to be designated subparagraphs (I), (J), and (K), respectively, to read as follows:
"(I) Rules and regulations establishing the criteria for approval, time periods for cover age, and other terms and conditions for the demonstration of financial responsibility re quired by this article and for the implementation of financial responsibility instruments;
(J) Rules and regulations establishing qualifications for and certification of sanitary landfill operators through colleges or universities of the University System of Georgia or other organizations as may be determined acceptable by the board; and
(K) Rules and regulations providing for the certification of persons as to their qualifica tions to supervise successfully the daily operation of sanitary landfills."
Section 3. Said article is further amended by striking paragraph (3) of subsection (a) of Code Section 12-8-23.1, relating to powers and duties of the director, and inserting in its place a new paragraph (3) to read as follows:
"(3) (A) To issue all permits contemplated by this article, stipulating in each permit the conditions or limitations under which such permit is issued, and to deny, revoke, modify, or amend such permits.
(B) To refuse to grant such permit if the director finds by clear and convincing evidence that the applicant for a permit or, in the case of a corporation, partnership, or association, an officer, director, manager, or shareholder of 5 percent or more of stock or financial inter est in said corporation, partnership, or association:
(i) Has intentionally misrepresented or concealed any material fact in the application submitted to the director;
(ii) Has obtained or attempted to obtain the permit by misrepresentation or concealment;
(iii) Has been convicted by final judgement, and all appeals have been exhausted, in the State of Georgia or any federal court of any felony involving moral turpitude within three years immediately preceding the application for a permit;
(iv) Has been convicted of any violations of any environmental laws punishable as a felony in any state or federal court within five years preceding the application for a permit;
(v) Has knowingly, willfully, and consistently violated prohibited acts specified in Code Section 12-8-26; and
(vi) Has been adjudicated in contempt of any court order enforcing any federal environ-

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mental laws or any environmental laws of the State of Georgia within five years preceding the application for a permit;"
Section 4. Said article is further amended by striking Code Section 12-8-27, relating to permits for handling solid waste and constructing and operating disposal facilities, in its entirety and inserting in lieu thereof the following:
"12-8-27. (a) No person shall engage in solid waste or special solid waste handling for any solid waste or special solid waste that is to be disposed in a Georgia disposal facility, and no person shall construct or operate a disposal facility or disposal site in Georgia, ex cept those individuals exempted from this article under Code Section 12-8-40 without first obtaining a permit from the director authorizing such activity.
(b) The board shall promulgate regulations prescribing the procedure to be followed in applying for such permits and requiring the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permits.
(c) If the director determines that such activity will result in any violation of this article or any rule or regulation promulgated pursuant to this article, he shall deny the permit; otherwise, he shall issue the permit, specifying on the permit the conditions under which such activity shall be conducted; provided, however, that a public hearing shall be held not less than two weeks prior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the proposed site and advertised in the legal organ of the county or counties in which the proposed facility will be located at least 30 days prior to such hearing.
(d) The director may amend, modify, or revoke any permit issued pursuant to this Code section if the owner of the permit is found to be in violation of any of the permit conditions or if the holder of the permit fails to perform such activity in accordance with this article or rules promulgated thereunder.
(e) In the event of modification or revocation of a permit, the director shall serve writ ten notice of such action on the permit holder and shall set forth in such notice the reason for such action.
(f) Prior to the issuance of any permit for a disposal facility or disposal site, the director shall require conformation with local zoning or land use ordinances.
(g) The director or his designee is authorized to inspect any generator in Georgia to determine whether that generator's solid waste is acceptable for the intended handling or intended disposal facility. The division may require any generator in Georgia to cease offer ing solid waste for handling or disposal if such solid waste is not acceptable, and the division may prohibit the handling or disposal of such solid waste until waste management proce dures acceptable to the division are developed. Said prohibition shall continue in effect until the waste management procedure for handling and disposal are approved in writing by the division. Any generator or handler in Georgia who does not comply with a prohibition made under this subsection shall be in violation of this article."
Section 5. Said article is further amended by adding a new Code section immediately following Code Section 12-8-27, to be designated Code Section 12-8-27.1, to read as follows:
"12-8-27.1. (a) Any certificate granted under this article shall be renewable every five years.
(b) The division shall approve all examinations and courses to be used in determining the knowledge, ability, and judgment of applicants for certification under this article. Such courses and examinations shall be given at least twice annually.
(c) Upon application, a certificate may be issued without examination, in a comparable classification to any person who holds a certificate in any state, territory, or possession of the United States or any country, provided that the requirements for certification of opera tors under which the person's certificate was issued do not conflict with this article and are

WEDNESDAY, MARCH 8, 1989

1849

of a standard not lower than that specified by regulations adopted under this article; pro vided, further, that reciprocal privileges are granted to certified operators of this state.
(d) The director may investigate the actions of any operator and may revoke or suspend the certificate of an operator, following a hearing conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act," when it is found that the operator has practiced fraud or deception; that reasonable care, judgment, or the application of his knowledge or ability was not used in the performance of his duties; or that the operator is incompetent or unable to perform his duties properly.
(e) The division shall classify all sanitary landfills required to have operators certified under this article with due regard to the size, type, character of the solid waste to be dis posed of, and other physical conditions effecting such sanitary landfills according to the skill, knowledge, and experience that the operator in responsible charge must have to oper ate the facilities successfully so as to protect the public health and welfare and prevent environmental problems.
(f) The director is authorized where appropriate to include, as a condition in a permit issued pursuant to this article, the 'Solid Waste Management Act,' a requirement that the operator in responsible charge be duly certified in accordance with this article.
(g) (1) After July 1, 1991, no person in responsible charge of a sanitary landfill which has a leachate collection system shall perform the duties of a sanitary landfill operator with out being duly certified under this article.
(2) After July 1, 1991, no sanitary landfill which has a leachate collection system shall be operated in Georgia unless the person in responsible charge is certified under this article. All inspectors of sanitary landfills shall be certified to inspect the same."
Section 6. Said article is further amended by adding two new Code sections immedi ately following Code Section 12-8-28.2, to be designated Code Sections 12-8-28.3 and 12-828.4, respectively, to read as follows:
"12-8-28.3. The governing authority of any county or municipality taking action result ing in a solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation within the territorial boundaries of such county or munici pality a notice of the meeting at which such siting decision is to be made at least once a week for two weeks immediately preceding the date of such meeting. Such notice shall state the time, place, and purpose of the meeting.
12-8-28.4. No permit shall be issued for a sanitary landfill if any part of such site is within two miles of any area that has been designated by the director as a significant ground-water recharge area unless such sanitary landfill will have a liner and leachate col lection system and meets any other requirements as may be established by rules and regula tions of the board or pursuant to other geological considerations as may be determined ap propriate by the director."
Section 7. Said article is further amended by adding at the end thereof two new Code sections, to be designated Code Sections 12-8-45 and 12-8-46, respectively, to read as follows:
"12-8-45. (a) As used in this Code section, the term 'financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste disposal facilities. Available financial responsibility mechanisms include but are not limited to insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, and financial tests and corpo rate guarantees as defined in 40 C.F.R. Part 264 Subpart H -- Financial Requirements.
(b) No solid waste disposal facility shall be operated or maintained by any person un less adequate financial responsibility has been demonstrated to the director to ensure the satisfactory maintenance, closure, and postclosure care of such facility; any corrective action which may be required as a condition of a permit. The available financial responsibility mechanisms shall be expansive with adequate variety and flexibility to allow the owner or

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operator to meet its financial obligations. The owner or operator shall be allowed to use combined financial responsibility mechanisms for a single facility and shall be allowed to use combined financial responsibility mechanisms for multiple facilities utilizing actuarially sound risk-spreading techniques. The director may require the demonstration of financial responsibility prior to issuing a permit for any solid waste disposal facility.
(c) The provisions of this Code section shall not apply to any county, municipality, or special district empowered to engage in solid waste management activities which operates or maintains a solid waste disposal facility unless and until such times as federal regulations require counties, municipalities, or special districts to demonstrate financial responsibility for such facilities."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator McKenzie of the 14th moved that the Senate agree to the House substitute to SB 70.

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 Broun Burton Collins Coverdell Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Albert Brannon Clay Coleman

Dawkins Howard Kennedy (presiding) Scott of 2nd

Shumake Timmons Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 70.

The following general bill of the House, having been read the third time and final ac tion suspended on March 7, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 733. By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to the removal, resignation, settlement, and letters of dismis-

WEDNESDAY, MARCH 8, 1989

1851

sion of a guardian, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust.
Senate Sponsor: Senator Burton of the 5th.

The substitute to HB 733 offered by Senator Fuller of the 52nd on March 7, as it ap pears in the Journal of March 7, was automatically reconsidered and put upon its adoption.

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, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Bowen Broun Burton Collins Coverdell Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill

Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Albert Brannon Clay Coleman Dawkins

Gillis Kennedy (presiding) McKenzie Peevy Ray

Scott of 2nd Shumake Timmons Walker

On the passage of the bill, the yeas were 42, 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 thereto:

HB 105. By Representative Murphy of the 18th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, so as to authorize attorneys to establish interest-bearing trust accounts for clients' funds from which proceeds are donated to government operated or government sponsored indigent defense plans or programs; to authorize financial institutions to main tain the accounts and to remit the interest payments.

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Senator Barnes of the 33rd moved that the Senate insist upon the Senate substitute to HB 105.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 105.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.
The House substitute to SB 86 was as follows:
A BILL
To be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the department to oper ate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corporations, and local governments; to provide for the department to make payments in lieu of ad valorem taxes to local governments; to confer powers and impose duties on the department; to provide for watershed and wetlands protection; to authorize the department to contract with others pertaining to the water utilities and facilities and to authorize others to contract with the department; to authorize the department and others to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to pro vide for local government advisory councils and their powers and duties; to make certain findings concerning the public purposes and benefits to be derived from this Act for the public; 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. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding a new Article 6 to read as follows:
"ARTICLE 6
12-5-470. This article shall be known and may be cited as the 'Georgia Water Supply Act.'
12-5-471. As used in this article, the term:
(1) 'County' means any county created under the Constitution or laws of this state.
(2) 'Environmental services' means the provision, collectively or individually, of water facilities or management services.
(3) 'Lease' includes a lease or sublease and may, in the discretion of the department, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy.
(4) 'Lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for any estate for years, usufruct, license, concession, or other right or privilege referred to in paragraph (3) of this Code section.

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(5) 'Local government' or 'local governing authority' means any municipal corporation or county, any local water district, or any state or local authority, board, or political subdivi sion created by the General Assembly or pursuant to the Constitution and laws of the state.
(6) 'Management services' means technical, administrative, instructional or informa tional services provided to any current or potential recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; finan cial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water systems; and economic development administration or strategies. Management services may be furnished either directly, on-site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature.
(7) 'May' means permission and not command.
(8) 'Municipal corporation' or 'municipality' means any city or town in this state.
(9) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of in debtedness, debt, or other obligation of the state or local governments which are authorized to be issued under the Constitution or other laws of this state, including refunding bonds.
(10) 'Project' means and includes the acquisition of real property for water reservoirs; the construction and reconstruction or improvement of water reservoirs; the acquisition of real property surrounding water reservoirs; the acquisition of real property for mitigation of any alteration of environmental resources by the construction of a water reservoir; and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, in cluding counties and municipalities for the purpose of resale, inside and outside the territo rial boundaries of the users and consumers, and the operation, maintenance, additions, im provements, and extensions of such facilities so as to assure an adequate water utility system deemed by the department to be necessary or convenient for the efficient operation of such type of undertaking, all for the essential public purpose of providing water facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities.
(11) 'Water facilities' means any projects, structures, and other real or personal prop erty acquired, rehabilitated, constructed, or planned for the purposes of supplying, distrib uting, and treating water and diverting, channeling, or controlling water flow and head in cluding, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division, and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water.
12-5-472. (a) The department is authorized to acquire, construct, equip, operate, main tain, expand, and improve a 'project,' as such term is defined in paragraph (10) of Code Section 12-5-471, in whole or in part, directly or under contract with others, including each of the facilities described in said paragraph (10) of Code Section 12-5-471, for the purpose of promoting the use of the projects and the use of the industrial, recreational, commercial, and natural resources of the State of Georgia for the public good and general welfare; and, without limitation of the foregoing, the department is authorized, with the approval of the State Properties Commission, to acquire land for such purposes; provided, however, that the department shall not engage in competition for customers for its environmental services with any local government offering or providing similar services.
(b) Any project acquired, designed, constructed, equipped, operated, maintained, ex-

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panded, or improved by the department or which is funded by the Georgia Environmental Facilities Authority shall conform to and meet standards and procedures promulgated by the Board of Natural Resources pursuant to specific statutory authorization and direction for watershed and wetlands protection, which standards and procedures of the board shall be promulgated and in effect prior to the acquisition of any property for the affected project.
(c) As a condition precedent to the acquisition or construction of any project, the de partment shall enter into an agreement with any local government, including any local board of education, which will have property removed from, or converted to tax-exempt status in, its ad valorem tax digest or tax base as a result of the acquisition or construction of the project. Each such agreement shall provide that in each year following the year in which the agreement is entered into the department will make payments in lieu of ad valorem taxes to the affected local government with respect to the property removed from, or converted to tax-exempt status in, the local government's tax digest or tax base. The amount of payments to be made in each year shall be determined by applying the local government's ad valorem tax millage rate for that year to the assessed value of the property removed from, or placed in tax-exempt status in, the local government's tax digest or tax base; and for this purpose the assessed value of such property shall be the assessed value as determined for the year prior to the year in which the property is removed from, or placed in tax-exempt status in, the tax digest or tax base. Payments provided for in this subsection shall be made from funds derived by the department and subject to subsection (b) of Code Section 12-5-474 to the extent that such funds are available; and to the extent that such funds are not available payments provided for in this subsection shall be made from any funds appropriated or otherwise available to the department.
12-5-473. The department shall have the following powers:
(1) 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 services, purposes, du ties, responsibilities, or functions pursuant to this article and any local government is au thorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the department. Site selection for a project shall be made after considera tion of input from local governments to be served by the project;
(2) To make all contracts and to execute all instruments necessary or convenient to its services, purposes, duties, responsibilities, or functions pursuant to this article;
(3) To accept 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 depart ments, 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 limitations and laws of this state and are otherwise within the power of the department;
(4) To make and execute contracts, lease agreements, and all other instruments neces sary to exercise the powers of the department to further the public purpose for which this article was enacted, such contracts, leases, or instruments to include contracts for construc tion, operation, management, or maintenance of projects and facilities owned by a local gov ernment or by the state or any state authority; and any and all local governments and de partments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the department upon such terms and to transfer real and personal property to the state for the use of the department for such consideration and for such purposes as they deem advisable;
(5) To collect fees and charges in connection with its commitments, management ser vices, and servicing including, but not limited to, reimbursements of costs of financing, as the department shall determine to be reasonable;
(6) To provide advisory, management, technical, consultative, training, educational, and

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project assistance services to the state and local governments and to enter into contracts with the state and local governments to provide such services. The state and local govern ments are authorized to enter into contracts with the department for such services and to pay for such services as may be provided them;
(7) To lease to local governments any state owned facilities or property which the de partment is managing under contract with the state;
(8) To contract with state agencies or any local government for the use by the depart ment of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or ser vices of the department and such state agencies and local governments are authorized to enter into such contracts;
(9) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the department may use its own funds pursuant to this article;
(10) To cooperate and act in conjunction with industrial, commercial, medical, scien tific, public interest, or educational organizations; with agencies of the federal government and this state and local governments; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local governments, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the department and local governments to achieve or further the policies of the state declared in this article; and
(11) To do all things necessary or convenient to carry out the powers conferred by this title.
12-5-474. (a) The department is authorized to fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the department for the use of a project or part thereof or combination thereof, and for the goods and services provided by the department in conjunction with such use, as the department 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 a 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 department, if any, to pay the cost of maintaining, repairing, and operating a project, in cluding the reserves for extraordinary repairs and insurance, unless such cost shall be other wise provided for, which costs shall be deemed to include the expenses incurred by the department on account of a project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project to which the fees pertain.
(b) Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the operation of the projects for use in the operation and maintenance of those sites and facilities. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, pro vided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expend ing any such miscellaneous funds.
(c) The department may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the department may determine necessary or appropriate; and the department shall require a water conservation plan approved pursuant to rules and regulations prescribed by the Board of Natural Resources.
12-5-475. (a) It shall be the duty of the Board of Natural Resources to prescribe rules

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and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provisions for:
(1) The department to notify in writing a county or municipality when a preliminary determination has been made for the location of a project within any portion of the territo rial boundaries of the county or municipality;
(2) Review and comment by the governing authority of a county or municipality receiv ing a notice provided for in paragraph (1) of this subsection before the department makes a final determination of the project site; and
(3) At least one public hearing within the territorial boundaries of a county or munici pality receiving a notice provided for in paragraph (1) of this subsection before the depart ment makes a final determination of the project site.
(b) It shall be the duty of the Board of Natural Resources to prescribe rules and regula tions for the operation of and governing the use of each project constructed under the provi sions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain. Rules and regulations for the operation and use of a project must be approved by the Project Site Control Advisory Council for the project prior to their adoption by the Board of Natural Resources.
12-5-476. (a) The department is authorized to contract with any local government to exercise on behalf of the local government such responsibility in connection with the plan ning, design, acquisition, construction, operation, management, and maintenance of a pro ject of such local government, as is now or may be hereafter vested in the local government, and to provide to the local government goods or services of the department in connection with the planning, design, acquisition, construction, operation, management, and mainte nance of any project of the local government, all as the parties to the contract may deter mine appropriate. Any such local government is authorized by such contract to delegate to the department all or such goods or services of the department in connection with the plan ning, design, acquisition, construction, operation, management, and maintenance of a pro ject as the parties may by contract determine appropriate.
(b) Except as otherwise provided in subsection (c) of Code Section 12-5-472, any such contract shall provide that the local government shall reimburse the department for all of the costs, liabilities, and expenses of the department incurred by the department in exercis ing such powers or providing such goods or services; and the department shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local government in the acquisition, construction, operation, management, or maintenance of a project.
12-5-477. The foregoing provisions of this article shall be deemed to provide an addi tional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.
12-5-478. This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
12-5-479. (a) In the exercise of its powers under this article, the department may con tract 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 subdivi sion 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.
(b) Pursuant to any such contract, in connection with any facility authorized under this article, the department may undertake such facility or provide such services or facilities of the department, in whole or in part, to or for the bene'fit of the public entity contracting

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with the department with respect to those activities, services, or facilities which the con tracting 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 any such contracting public entity is authorized to undertake to pay the department for such activities, services, or facilities such amounts and upon such terms as the parties may determine.
(c) 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 depart ment in connection with any activity, service, or facility which such public entity is other wise authorized to provide to obtain the performance of such activity or provision of such services or facilities through the department.
(d) In connection with its operations, the department may similarly obtain from, and each public entity may provide, such activities, services, or facilities which the department is authorized to provide.
(e) The department shall establish prior to the commencement of each project a Project Water Users Advisory Council and a Project Site Control Advisory Council. The member ship of the Project Water Users Advisory Council shall include the chief executive officers, or their designees, of each local government purchasing water from the project. The mem bership of the Project Site Control Advisory Council shall include the chief executive of ficers, or their designees, of each local government within which any part of the project is located. The commissioner, or his designee, shall serve as an ex officio member of each advi sory council. Each advisory council formed shall meet from time to time as provided by rule and regulation of the Board of Natural Resources and shall elect its own officers and estab lish such bylaws as its membership may deem appropriate for the conduct of its business. Each Project Water Users Advisory Council shall consult with and advise the department concerning the operation and management of the project for which it was formed. The oper ation and management of a project shall be subject to the approval of the Project Site Con trol Advisory Council formed for such project.
(f) A local government by resolution of its governing body may enter into a user agree ment for the provision of environmental services utilizing facilities owned by the state upon such terms and conditions as the department shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.
(g) No user agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids.
(h) Any user agreement directly between the state or department and a local govern ment may contain provisions requiring the local government:
(1) To establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the water facility; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the pur poses of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such agreement, including amounts for the creation and maintenance of any required reserves;
(2) To create and maintain reasonable reserves or other special funds;
(3) To create and maintain a special fund or funds as additional security for the punc tual payment of any rentals due under such user agreement and for the deposit therein of such revenues as shall be sufficient to pay all user fees and any other amounts becoming due under such user agreements as the same shall become due and payable; or
(4) To perform such other acts and take such other action as may be deemed necessary

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and desirable by the department to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the depart ment in the event of a default by such local government in such payment.
12-5-480. The department shall be authorized to utilize the financial advisory and con struction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Chapter 22 of Title 50 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof authorized by this article.
12-5-481. It is found, determined, and declared that the carrying out of the purposes of the department 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 department will be performing an 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.
12-5-482. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the department and all amounts due to others, which involve the credit or guarantee of the state, it shall be the duty of the department to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instru mentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults.
(b) Nothing contained in this Code section shall mandate the withholding of funds allo cated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state."
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 disagree to the House substitute to SB 86.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 86.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 249. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insur ance, life insurance, disability insurance, liability insurance, retirement and pen sion coverage, and other similar or related employment benefits for elected county officers and the personnel thereof.
The House amendment was as follows:
Amend SB 249 as follows:
Delete on line 2 of page 2 the word
"officers"

WEDNESDAY, MARCH 8, 1989

1859

and substitute in lieu thereof the following: "officials".

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SB 249.

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon
roun ^LCooUl1vr,hteonrnds ell Dawkins
Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Hammill Harris
Howard H^ T uigngsionns Kldd
Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray

Scott of 2nd

Sr^itciaortrt

of

36th .

Stumbaugh

Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Clay Coleman

Gillis Kennedy (presiding)

McKenzie Shumake

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 249.

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

HB 443. By Representative Porter of the 119th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, so as to provide jurisdiction to probate and municipal courts to try traffic offenses under state law in any county which has a city, county, or state court.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Judiciary offered the following substitute to HB 443:

A BILL
To be entitled an Act to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, so as to change provisions relating to jurisdiction of probate and municipal courts to try traffic offenses under state law; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) The probate court shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under the traffic laws of this state in all counties of this state in which there is no city, county, or state court, provided the defend ant waives a jury trial. The clerk of the superior court in counties with a population of not less than 9,380 nor more than 9,450 according to the United States decennial census of 1970 or any future such census shall attend the probate court in all cases held for the violation of the traffic laws of this state. The clerk shall record all pleas and judgments and shall receive the same fees as provided for in the superior court. Said fees shall be paid out of the cost assessed by the judge of the probate court in such cases. Notwithstanding any provision of law to the contrary, all municipal courts are granted jurisdiction to try and dispose of mis demeanor traffic offenses arising under state law except violations of Code Section 40-6-393 and to impose any punishment authorized for such offenses under general state law, whether or not there is a city, county, or state court in such county, if the defendant waives a jury trial and the offense arises within the territorial limits of the respective jurisdictions as now or hereafter fixed by law."
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 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:

Allgood Baldwin Barker
Barnes Bowen Brannon
roun CrCoou,,llreht.omnnsan Coverdell Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Hammill Harris
Howard JHTouh, g6n6gsionns
Kldd Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SS0h,coutmt aok.fe36th
Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Clay

Gillis

Kennedy (presiding)

WEDNESDAY, MARCH 8, 1989

1861

On the passage of the bill, the yeas were 52, 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 267. By Senators Stumbaugh of the 55th, Taylor of the 12th, Dawkins of the 45th and Tysinger of the 41st: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.
Senator Stumbaugh of the 55th moved that the Senate adhere to the Senate substitute to SB 267, and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to SB 267.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Stumbaugh of the 55th, Deal of the 49th and Dawkins of the 45th.
The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 202. By Senators Phillips of the 9th and Peevy of the 48th: A bill to amend an Act creating the Gwinnett County Recreation Authority, as amended, so as to provide that the authority shall not be authorized to issue certain revenue bonds; to provide that certain moneys, proceeds, grants, contri butions, revenues, income, fees, and earnings shall be applied solely for debt service.
The House substitute to SB 202 was as follows:
A BILL
To be entitled an Act to amend an Act creating the Gwinnett County Recreation Au thority, approved April 17, 1975 (Ga. L. 1975, p. 3108), as amended, so as to change the composition, method of appointment, and terms of the authority and certain residency and quorum requirements; to provide limitations upon which persons may be members of the authority; to change the provisions relating to reimbursement of expenses; to change the provisions relating to definitions; to provide limitations regarding debt; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Gwinnett County Recreation Authority, approved April 17, 1975 (Ga. L. 1975, p. 3108), as amended, is amended by striking Section 2 thereof and inserting in its place a new section to read as follows:
"Section 2. Gwinnett County Recreation Authority. There is hereby created a body cor porate and politic to be known as the Gwinnett County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that

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the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority is hereby granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the Authority as provided under the provisions of this Act.
The Authority shall consist of members who shall be residents of Gwinnett County and who shall be appointed by the Board of Commissioners of Gwinnett County. Neither the chairman nor a member of the Board of Commissioners of Gwinnett County shall be a mem ber of the Authority. The term of office of those members of the Authority who are serving upon the Authority on June 30, 1989, shall expire July 1, 1989, and upon the appointment of their respective successors. Those successors and all future successors shall be appointed by the members and chairman of the Board of Commissioners of Gwinnett County, with each member appointing two persons to be members of the Authority and the chairman appointing one person to be a member of the Authority. Any person thus appointed to serve as a member of the Authority shall serve for a term of office which expires upon the expira tion of the term of office of the commissioner or chairman who appointed that person and upon the appointment and qualification of the respective successor to that member of the Authority.
Any member of the Authority may be selected and appointed to succeed himself. Imme diately after such appointments, the members of such Authority shall enter upon their du ties. Any vacancy on the Authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as chairman and another member as vicechairman and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. A majority of the members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the Authority and in accordance with the same policies and procedures established by the Merit System Board of Gwinnett County for reimbursement of expenses of county employees in the classified ser vice. The Authority shall make rules and regulations for its own government. It shall have perpetual existence."
Section 2. Said Act is further amended by striking subsection (b) of Section 3 thereof and inserting in its place a new subsection to read as follows:
"(b) The word 'project' shall be deemed to mean and include the acquisition, construc tion, equipping, maintenance and operation of recreation centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, and the usual and convenient facilities appertaining to such un dertakings and extensions and improvements of such facilities, the acquisition of parking facilities or parking areas in connection therewith, the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreation facilities and areas, deemed by the Authority to be necessary, convenient or desirable."
Section 3. Said Act is further amended by striking subsection (i) of Section 4 thereof and inserting in its place, a new subsection to read as follows:
"(i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; but in no event shall revenue bonds or any other debt of the Authority be an obligation of Gwinnett County other than the one mill levied for recrea-

WEDNESDAY, MARCH 8, 1989

1863

tional purposes. The aggregate amount of all debt, including but not limited to bonds, notes, and other indebtedness, authorized to be issued or incurred by the Authority shall not ex ceed $50 million. The amount of all debt of the Authority existing on July 1, 1989, shall be aggregated with the amount of new debt of the Authority issued or incurred after that date for purposes of the $50 million limitation, notwithstanding the payment or other satisfac tion of any such debt by the Authority. The amount of debt incurred to fund or refund previously existing debt shall not be included within that $50 million limitation if the amount of the previously existing debt has already been included within the limitation, the term of the funding or refunding debt does not extend beyond the term of that previously existing debt, and the total interest on the funding or refunding debt does not exceed the total interest to be paid on the previously existing debt, but the principal amount of debt incurred in connection with such funding or refunding may exceed the principal amount being funded or refunded only to the extent necessary to reduce the total principal and interest payment requirements over the remaining term of the previously existing debt be ing funded or refunded. No new revenue bonds or indebtedness of the Authority may be issued or incurred unless such action is approved by both the Authority and the Board of Commissioners of Gwinnett County in a regularly scheduled meeting of such Authority and board, respectively."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Phillips of the 9th moved that the Senate agree to the House substitute to SB 202.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 202.

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

HB 484. By Representative Selman of the 32nd:
A bill to amend Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, so as to increase the amount of funds which must be deposited representing a surplus of assets over liabilities for writing certain insurance coverage; to increase the maximum amount of insurance that may be retained on certain subjects.
Senate Sponsors: Senators Clay of the 37th and Garner of the 30th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Collins Coverdell Dawkins

Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill

Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Ragan of 10th

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JOURNAL OF THE SENATE

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

Shumake Starr Stumbaugh Tate

Taylor Timmons Turner Walker

Those not voting were Senators:

Albert Clay Harris

Kennedy (presiding) Langford McKenzie

Pollard Tysinger

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

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

HB 626. By Representative Lane of the 27th:
A bill to amend Code Section 43-5-15 of the Official Code of Georgia Annotated, relating to the termination date of the Georgia Board of Athletic Trainers, so as to change said termination date.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon
^Cou,lretomnan Collins Coverdell Dawkins
Deal Dean Echols English Engram

Fincher Foster Fuller Gillis Hammill
J"ohwnsaordn Kidd Land McKenzie
Newbill Olmstead Parker Peevy Perry

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd
S0,cott o,f 36th Shumake
, Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Bowen Broun Clay

Edge Garner Harris Huggins

Kennedy (presiding) Langford Phillips Walker

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

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

The President assumed the Chair.

WEDNESDAY, MARCH 8, 1989

1865

HB 494. By Representatives Rainey of the 135th, Moody of the 153rd, Meadows of the 91st and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to certain offenses against public order and safety, so as to make unlawful the criminally negligent use of a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting wild life; to make it unlawful to hunt or possess a hunting license under certain cir cumstances; to provide for the punishment of such acts.
Senate Sponsor: Senator English of the 21st.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 494 by striking from line 27 on page 1 the following: "; provided, however,", and inserting in lieu thereof a period. By striking all matter appearing in lines 1 through 6 on page 2. By striking from lines 28 through 31 on page 3 the following: "felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both.", and inserting in lieu thereof the following: "misdemeanor."

On the adoption of the amendment offered by the Senate Committee on Natural Re sources, Senator Land of the 16th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bowen Coleman Dean EEcnhgolilssh
Gillis
Hammill

Harris Kennedy Kidd McKenzie OPelmevsytead
Perry
Ragan of 10th

Ray Scott of 2nd Starr Ti Tlaimyomrons
Turner
Walker

Those voting in the negative were Senators:

Baldwin Barker Barnes Brannon B roun BCluaryton
Collins Coverdell
Dawkins Deal

Edge Engram Fincher Foster fuller dHaorwnaerrd
Huggins Johnson
Land Langford

Newbill Parker Phillips Pollard R Qf 32nd S,, co.t.t of,, ,,3,,6.t,h
Shumake Stumbaugh
Tate Tysinger

Not voting was Senator Albert.

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 23, nays 32, and the amendment offered by the Senate Committee on Natural Resources was lost.
Senators Langford of the 35th and Walker of the 43rd offered the following amendment:
Amend HB 494 by deleting from line 1 of page 1 the words "Part 1 of.
By deleting from line 3 of page 1 the words "certain offenses against public order and safety" and inserting in lieu thereof the words "dangerous instrumentalities and practices".
By deleting lines 10 through 12 of page 1 and inserting in lieu thereof the following:
"regulate the sale of firearms; to make it unlawful for a dealer to sell a firearm to any person except pursuant to certain conditions and procedures; to provide for definitions; to prohibit a dealer under certain circumstances from selling or delivering a firearm to a person who is ineligible to possess a firearm; to provide for an investigation of any person attempt ing to purchase a firearm; to provide a penalty; to provide exceptions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes."
By deleting from line 14 of page 1 the words "Part 1 of.
By deleting from line 16 of page 1 the words "certain offenses against public order and safety" and inserting in lieu thereof the words "dangerous instrumentalities and practices".
By deleting from line 17 of page 1 the word "thereof and inserting in lieu thereof the words "of Part 1".
By adding between lines 25 and 26 of page 4 the following:
"Section 2. Said article is further amended by adding at the end of Part 3 a new Code Section 16-11-132 to read as follows:
'16-11-132. (a) As used in this Code section, the term:
(1) 'Dealer' means a person engaged in the business of selling firearms at retail.
(2) 'Firearm' means any handgun or pistol having a barrel length of less than five inches which expels a projectile by action of an explosion or a semiautomatic center-fire rifle or pistol which expels a projectile by action of an explosion and is provided by the manufac turer with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or bayonet or equipped with a tripod, flash suppressor, or folding stock.
(3) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.
(b) (1) It shall be unlawful for any dealer to sell a firearm to any person who is prohib ited from receiving, possessing, or transporting a firearm pursuant to Code Section 16-11131.
(2) Any person purchasing from a dealer a firearm shall consent in writing, on a form to be provided by the GCIC, to have the dealer obtain criminal history record information.
(3) Except as otherwise provided in paragraph (1) of this subsection, it shall be unlaw ful for any dealer to sell a firearm to any person except under the following conditions:
(A) The dealer shall obtain written consent as specified in paragraph (2) of this subsec tion and shall provide the GCIC with the name, birthdate, height, weight, address, gender, race, Social Security number, driver's license number, or any other identification number of the purchaser;
(B) The dealer shall request and receive criminal history record information by a toll free telephone call to the GCIC;
(C) The GCIC shall review its criminal history record information to determine if the

WEDNESDAY, MARCH 8, 1989

1867

purchaser is prohibited from possessing a firearm by state or federal law and shall so inform the dealer during the dealer's call or by return call without delay. When the GCIC notifies the dealer that a person is ineligible under Code Section 16-11-131 or under federal law to possess a firearm, it shall be unlawful for such dealer to sell or transfer a firearm to such person;
(D) The GCIC shall have until the end of the dealer's next business day to advise the dealer if its records indicate the purchaser is prohibited by state or federal law from pos sessing or transporting a firearm. If not so advised by the end of the next business day, a dealer who has fulfilled the requirements of subparagraphs (A) and (B) of this paragraph may immediately complete the sale and shall not be deemed in violation of this Code sec tion with respect to such sale; and
(E) Within 24 hours following the sale of any firearm, the dealer shall mail or deliver the written consent form required by paragraph (2) of this subsection to the GCIC. The GCIC shall immediately initiate a search of all available criminal history record information to determine if the purchaser is prohibited by state or federal law from possessing or trans porting a firearm. If the search discloses information indicating that the buyer is so prohib ited, the GCIC shall inform the chief law enforcement officer in the jurisdiction where the sale occurred and the dealer without delay.
(c) The GCIC shall not maintain longer than 30 days from any dealer's request for a criminal history record information check records relating to a purchaser who is not found to be prohibited to possess or transport a firearm under state or federal law. However, the log on requests made may be maintained for a period of 12 months.
(d) Any purchaser who is denied the right to purchase a firearm under this Code section may exercise the right of access to and review and correction of criminal history record information pursuant to Code Section 35-3-37.
(e) All dealers shall collect a fee of $10.00 for every transaction for which a criminal history record information check is required pursuant to this Code section, except that a fee of $15.00 shall be collected for every transaction involving a nonresident. Such fee shall be transmitted to the state treasury for deposit in a special fund for use by the GCIC to offset the cost of conducting criminal history record information checks under the provisions of this Code section.
(f) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this Code sec tion shall, upon conviction thereof, be fined not more than $5,000.00, imprisoned for not more than two years, or both.
(g) Except as otherwise provided in subsection (h) of this Code section, any person who violates this Code section shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature.
(h) The provisions of this Code section shall not apply to any person who is exempt from the provisions of Code Sections 16-11-126 through 16-11-128 pursuant to Code Section 16-11-130.
(i) The provisions of this Code section shall become effective January 1, 1990.' "
By redesignating Sections 2 and 3 on page 4 as Sections 3 and 4, respectively.
Senators Peevy of the 48th and Kidd of the 25th offered the following amendment:
Amend the amendment offered by Senators Langford of the 35th and Walker of the 43rd to HB 494 by designating the following as Section 3 on page 4:
"However, a person possessing a valid license to carry a pistol or revolver as provided for under O.C.G.A. 16-11-129 shall be exempt from the provisions of this Act";
and by redesignating Sections 2 and 3 on page 4 as Sections 4 and 5 respectively.

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 45, nays 2, and the amendment was adopted.

On the adoption of the amendment offered by Senators Langford of the 35th and Walker of the 43rd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Dawkins Engram Fuller Kidd

Land Langford Olmstead Parker Peevy

Scott of 2nd Scott of 36th Tate Walker

Those voting in the negative were Senators:

Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols

Edge English Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy McKenzie Newbill

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

Not voting was Senator Albert.

On the adoption of the amendment, the yeas were 14, nays 41, and the amendment offered by Senators Langford of the 35th and Walker of the 43rd as amended by Senators Peevy of the 48th and Kidd of the 25th was lost.

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:

Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Kennedy Kidd

Land Langford Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr

WEDNESDAY, MARCH 8, 1989

1869

Stumbaugh Tate Taylor

Timmons Turner

Tysinger Walker

Those voting in the negative were Senators:

Allgood

McKenzie

Perry

Those not voting were Senators:

Albert Howard

Johnson

Scott of 36th

On the passage of the bill, the yeas were 49, nays 3.

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

The following resolution of the Senate was read and adopted:

SR 254. By Senators Allgood of the 22nd, Tysinger of the 41st, Albert of the 23rd and others:
A resolution commending Honorable Paul D. Coverdell.

Senator Allgood of the 22nd commended Paul D. Coverdell, Senator from the 40th Dis trict, on his appointment by George Bush, President of the United States, as director of the Peace Corps, and Senator Coverdell briefly addressed the Senate.

Senator Kidd of the 25th introduced Frances Duncan, a recent retiree from the Secre tary of State's office after 21 years as Director of the State Elections Division, who was commended by SR 214, adopted previously.

The following local bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

SB 375. By Senator Kennedy of the 4th:
A bill to amend an Act creating a new charter for the City of Ludowici, as amended, so as to provide that such city shall consist of one election district with five numbered posts; to provide for elections.

The House substitute to SB 375 was as follows:

A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, so as to provide for election districts; to provide for elections; to provide for qualifications; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, is amended by adding a new section immediately following Section 6 to be designated Section 6A, to read as follows:
"Section 6A. (a) For the purpose of electing future members of the city council, the City of Ludowici shall consist of five election districts. Each person seeking election shall desig nate the election district for which he seeks election. Each person seeking election shall be a resident of the election district such person offers to represent and shall be elected by a majority vote of the qualified voters of such election district voting in an election therefor.

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(b) The five election districts of the city are more particularly described as follows:
Election District 1
Beginning at a point where Academy Street intersects the eastern limits of the City of Ludowici and from said point of beginning run down the center of Academy Street in a Westerly direction to the point where Academy Street intersects with Factory Street; then turn and run down the Center of Factory Street in a Southerly direction to the point where Factory Street intersects with the big drainage ditch near Bratcher Street; then run in an Easterly direction down the big drainage ditch to the point where said ditch intersects Mc Donald Street (Georgia Highway 57) near Lincoln Avenue; then turn and run in a Southerly direction down the center of McDonald Street (Georgia Highway 57) to the point where McDonald Street (Georgia Highway 57) intersects with the City Limits of the City of Ludo wici; then turn and follow the City Limits of the City of Ludowici in a Easterly direction to the point of beginning.
Election District 2
Beginning at a point where the Old Hinesville Road intersects the eastern limits of the City Limits of Ludowici and from said point of beginning run down the center of the Old Hinesville Road in a Southwesterly direction to the point where the Old Hinesville Road intersects with Macon Street; then turn and run down the center of Macon Street in a Southerly direction to the point where Macon Street intersects with State Route 38; then turn and run down the center of State Route 38 in a Westerly direction to the point where State Route 38 intersects McDonald Street (Georgia Highway 57); then turn and run in a Southerly direction down the center of McDonald Street (Georgia Highway 57) to the point where McDonald Street intersects with Union Street; then turn and run in a Easterly direc tion down the center of Union Street to the point where Union Street intersects with Lib erty Street; then turn and run in a Southerly direction down the center of Liberty Street to the point where Liberty Street intersects with Academy Street; then turn and run in an Easterly direction down the center of Academy Street to the point where Academy Street intersects with the City Limits of the City of Ludowici; then follow the City Limits of Ludo wici in a Northerly direction to the point of beginning.
Election District 3
Begin at the point where State Route 38 intersects with McDonald Street (Georgia Highway 57) and from said point of beginning run down the center of McDonald Street (Georgia Highway 57) in a Northerly direction to the point where McDonald Street (Georgia Highway 57) intersects with Oak Street; then turn and run down the center of Oak Street in a Westerly direction to the point where Oak Street intersects with Fourth Street; then turn and run down the center of Fourth Street in a Southerly direction to the point where Fourth Street intersects with State Route 38; then turn and run in a Westerly direction down the center of State Route 38 to the point where Cottage Street intersects with State Route 38; then turn and run in a Southerly direction down the center of Cottage Street to the point where Cottage Street intersects with the Seaboard Coast Line Railroad; then turn and run in an Easterly direction along the Seaboard Coastline Railroad to the point where the Seaboard Coast Line Railroad intersects with Main Street; then turn and run down the center of Main Street in a Southerly direction to the point where Main Street intersects with McQueen Street; then turn and run in a Westerly direction down McQueen Street to the point where McQueen Street intersects with Gill Street; then turn and run in a South erly direction down the center of Gill Street to the point where Gill Street intersects with Celadon Street; then turn and run in a Westerly direction down the center of Celadon Street to the point where Celadon Street intersects with Factory Street; then turn and run in a Southerly direction down the center of Factory Street to the point where Factory Street intersects with Academy Street; then turn and run in an Easterly direction down the center of Academy Street to the point where Academy Street intersects with Liberty Street; then turn and run in a Northerly direction down the center of Liberty Street to the point where Liberty Street intersects with Union Street; then turn and run in a Westerly direction down the center of Union Street to the point where Union Street intersects with McDonald Street

WEDNESDAY, MARCH 8, 1989

1871

(Georgia Highway 57); then turn and run in a Northerly direction down the center of Mc Donald Street to the point of beginning.
Election District 4
Begin at a point on the northeastern City Limits of the City of Ludowici where the Old Hinesville Road intersects with the City Limits of the City of Ludowici and from said point of beginning run in a Southwesterly direction down the center of the Old Hinesville Road to the point where the Old Hinesville Road intersects with Macon Street; then turn and run in a Southerly direction down the center of Macon Street to the point where Macon Street intersects with State Highway 38; then turn and run in a Westerly direction to a point where State Route 38 intersects with McDonald Street (State Highway 57); then turn and run in a Northerly direction down the center of McDonald Street (Georgia Highway 57) to the point where McDonald Street intersects with Oak Street; then turn and run in a West erly direction down the center of Oak Street to the point where Oak Street intersects with Fourth Street; then turn and run in a Southerly direction down the center of Fourth Street to the point where Fourth Street intersects with State Route 38; then turn and run in a Westerly direction down the center of State Route 38 to the point where Cottage Street intersects with State Route 38; then turn and run in a Southerly direction down the center of Cottage Street to the point where Cottage Street intersects with Seaboard Coastline Rail road; then turn and run in a Westerly direction down the center of the Seaboard Coastline Railroad to the point where the Seaboard Coastline Railroad intersects with the Western City Limits of the City of Ludowici; then turn and run in a Northerly direction along the City Limits of the City of Ludowici and following the City Limits of the City of Ludowici in a Northerly and then a Northeasterly direction to the point of beginning.
Election District 5
Begin at a point on the Western City Limits of the City of Ludowici where the Sea board Coastline Railroad intersects with said City Limits and from said point of beginning follow the City Limits of the City of Ludowici in a Southerly and then an Easterly direction to the point where the City Limits of Ludowici intersects with McDonald Street (Georgia Highway 57) at the South City Limits of the City of Ludowici; then turn and run down the center of McDonald Street (Georgia Highway 57) in a Northerly direction to the point where McDonald Street (Georgia Highway 57) intersects with the big ditch near Lincoln Avenue; then turn and run in a Westerly direction down the center of the big ditch to the point where the big ditch intersects with Factory Street; then turn and run in a Northerly direction down the center of Factory Street to the point where Factory Street intersects with Celadon Street; then turn and run in an Easterly direction down the center of Celadon Street to the point where Celadon Street intersects with Gill Street; then turn and run in a Northerly direction down the center of Gill Street to the point where Gill Street intersects with McQueen Street; then turn and run in an Easterly direction down the center of McQueen Street to the point where McQueen Street intersects with Main Street; then turn and run in a Northerly direction down the center of Main Street to the point where Main Street intersects with the Seaboard Coastline Railroad; then turn and run down the center of the Seaboard Coastline Railroad to the point of beginning where said Railroad intersects with the Western City Limits of the City of Ludowici."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Kennedy of the 4th moved that the Senate agree to the House substitute to SB 375.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 375.
SB 365. By Senator Pollard of the 24th:
A bill to amend an Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change

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JOURNAL OF THE SENATE

certain provisions regarding the appointment of deputy sheriffs; to provide for the compensation of such deputies; to provide that the county shall furnish the uniforms and leatherware for such deputies.
The House substitute to SB 365 was as follows:
A BILL
To be entitled an Act to amend an Act placing the sheriff of Warren County on an annual salary in lieu of the fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2160), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3233), so as to change certain provisions relating to the appointment of deputy sheriffs; to provide for the compensation of such deputy sheriffs; to authorize the board of commission ers to provide uniforms and leatherware for the deputy sheriffs; to provide additional com pensation for the sheriff and deputy sheriffs while on official business outside the territorial limits of Warren County; 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 placing the sheriff of Warren County on an annual salary in lieu of the fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2160), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3233), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The sheriff of Warren County, Georgia, is authorized to appoint one or more deputy sheriffs to assist him in the performance of his duties. Each deputy shall re ceive an annual salary of not less than $12,000.00, payable in equal monthly installments from the funds of Warren County; provided, however, that the Board of Commissioners of Warren County shall be authorized to approve the total compensation to be paid collectively to all of the deputy sheriffs so appointed.
(b) The Board of Commissioners of Warren County shall provide the uniforms and leatherware for all deputy sheriffs from the funds of Warren County.
(c) The sheriff and his deputies in addition to any other compensation provided in this Act shall receive actual expenses when out of the territorial limits of Warren County attend ing official business or on business of the county as may be authorized by the Board of Commissioners of Warren County. The payment of such expenses shall be from the funds of Warren County. It shall be proper and lawful for the Board of Commissioners of Warren County to pay out of the county funds the sums and amounts provided for and authorized in this Act."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th moved that the Senate agree to the House substitute to SB 365.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 365.

WEDNESDAY, MARCH 8, 1989

1873

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limitedaccess roads which are constructed in whole or as a part of a tollway project.
Senator Coleman of the 1st moved that the Senate adhere to the Senate amendment to HB 757, 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 HB 757.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Coleman of the 1st, Dean of the 31st and Huggins of the 53rd.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 264. By Senator Dawkins of the 45th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for definitions; to provide for the legal rate of interest and pawnshop charge which may be charged by a pawnbroker; to provide that amounts in excess of the legal interest rate and pawnshop charge shall be uncollectable and shall void the pawn transaction.
The House substitute to SB 264 was as follows:
A BILL
To be entitled an Act to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to revise existing defini tions and to provide for additional definitions; to provide for the legal rate of interest and pawnshop charge which may be charged by a pawnbroker; to provide for exceptions; to pro vide that amounts in excess of the legal interest rate and pawnshop charge shall be uncol lectable and shall void the pawn transaction; to provide for dates of payment; to provide for prohibited acts by pawnbrokers; to provide for inspection by certain law enforcement of ficers; to provide for the duties of pawnbrokers regarding replacement goods; to amend Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, so as to provide for liens of pawnbrokers; to provide for the redemption or automatic forfeiture of pledged goods; to provide for the satisfaction of liens of pawnbrokers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by striking Code Section 44-12-130, relating to definitions, and inserting in its place a new Code Section 44-12-130 to read as follows:
"44-12-130. As used in this part, the term:
(1) 'Month' means that period of time from one date in a calendar month to the corre-

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spending date in the following calendar month, but if there is no such corresponding date, then the last day of such following month.
(2) 'Pawnbroker' means any person engaged in whole or in part in the business of lend ing money on the security of pledged goods, or in the business of purchasing tangible per sonal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as a part of or in conjunction with the business activities described in this paragraph.
(3) 'Pawn transaction' means any loan on the security of pledged goods or any purchase of pledged goods on condition that the pledged goods may be redeemed or repurchased by the seller for a fixed price within a fixed period of time and any purchase of a motor vehicle on the condition that such motor vehicle may be redeemed or repurchased by the seller for a fixed price within a fixed period of time and may be leased back to the seller during such period of time.
(4) 'Person' means an individual, partnership, corporation, joint venture, trust, associa tion, or any other legal entity however organized.
(5) 'Pledged goods' means tangible personal property other than choses in action, secur ities, or printed evidences of indebtedness, which property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction."
Section 2. Said part is further amended by striking Code Section 44-12-131, relating to the legal rate of interest and the consequences of excessive charges, and inserting in its place a new Code Section 44-12-131 to read as follows:
"44-12-131. (a) Any pawnbroker may contract for and receive interest up to the rate of 2 percent per month, with a minimum charge of $5.00, on the principal amount advanced on the pawn transaction and a pawnshop charge for all services, expenses, costs, and losses of every nature whatsoever. The pawnshop charge allowed under this subsection shall not ex ceed one-fourth of the principal amount, per month, advanced in the pawn transaction. The pawnshop charge shall not be deemed interest for any purpose. Motor vehicles shall be ex empt from the limit of one-fourth of the principal amount provision of this subsection and pawnshops may charge a storage fee for motor vehicles not to exceed $30.00 per day.
(b) Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amounts permitted under subsection (a) of this Code section shall be uncollectable and the pawn transaction shall be void. All interest and the pawnshop charge al lowed under subsection (a) of this Code section shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month."
Section 3. Said part is further amended by striking Code Section 44-12-137, relating to prohibited acts by pawnbrokers and penalties, and inserting in its place a new Code Section 44-12-137 to read as follows:
"44-12-137. (a) Any pawnbroker and any clerk, agent, or employee of such pawnbroker who shall:
(1) Fail to make an entry of any material matter in his permanent record book;
(2) Make any false entry therein;
(3) Falsify, obliterate, destroy, or remove from his place of business such permanent record book;
(4) Refuse to allow any duly authorized law enforcement officer who is certified by the Georgia Peace Officer Standards and Training Council or who is a federal officer to inspect his permanent record book or any goods in his possession during the ordinary hours of busi ness or at any reasonable time;

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1875

(5) Fail to maintain a record of each pawn transaction for at least four years;
(6) Accept a pledge or purchase property from a person under the age of 18 years or who the pawnbroker knows is not the true owner of such property;
(7) Make any agreement requiring the personal liability of a pledger or seller or waiving any of the provisions of this part or providing for a maturity date less than one month after the date of the pawn transaction; or
(8) Fail to return or replace pledged goods to a pledger or seller upon payment of the full amount due the pawnbroker unless the pledged goods have been taken into custody by a court or a law enforcement officer or agency,
shall be guilty of a misdemeanor.
(b) Any person properly identifying himself and presenting a pawn ticket to the pawn broker shall be presumed to be the pledger or seller and shall be entitled to redeem the pledged goods described in such ticket. In the event such pledged goods are lost or damaged while in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace the lost or damaged goods with like kinds of merchandise and proof of replacement shall be a defense to prosecution. For the purposes of this subsection 'lost' includes de stroyed or having disappeared because of any cause, whether known or unknown, that re sults in the pledged goods being unavailable for return to the pledger."
Section 4. Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, is amended by striking Code Section 44-14-403, relating to liens of pawnbrokers and actions for interference, and inserting in its place a new Code Section 44-14-403 to read as follows:
"44-14-403. (a) A pawnbroker shall have a lien on the pledged goods pawned for the money advanced, interest, and pawnshop charge owed but not for other debts due to him. He may retain possession of the pledged goods until his lien is satisfied and may have a right of action against anyone interfering therewith.
(b) Pledged goods not redeemed on or before the maturity date fixed and set out in the pawn ticket issued in connection with any transaction shall be held by the pawnbroker for ten days following such date and may be redeemed by the pledger or seller within such period by the payment of the originally agreed redemption price, the payment of an addi tional interest charge, and the payment of an additional pawnshop charge, each equal to the original interest charge and original pawnshop charge, provided said goods have not been sold. Pledged goods not redeemed within one month following the originally fixed maturity date shall be automatically forfeited to the pawnbroker by operation of this Code section and shall automatically become the property of the pawnbroker."
Section 5. Said part is further amended by striking Code Section 44-14-408, relating to the satisfaction of liens of pawnbrokers and livery stable keepers, and inserting in lieu thereof a new Code Section 44-14-408 to read as follows:
"44-14-408. Liens of pawnbrokers and livery stable keepers shall be satisfied according to Code Sections 44-14-403 and 44-14-550, respectively."
Section 6. 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 264.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Burton

Clay Coleman Collins

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Coverdell
Dawkins Deal
Echols Edge English Engram Foster Fuller
Garner Gillis
Hammill

Harris
Huggins Johnson
Kennedy Kidd Land Langford Newbill Parker
Peevy Perry
Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 36th gtarr
Timmons Turner Tysinger Walker

Voting in the negative were Senators Dean and Stumbaugh.

Those not voting were Senators:

Bowen Brannon Broun Fincher

Howard McKenzie Olmstead

Phillips Scott of 2nd Shumake

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 264.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and Phillips of the 9th:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relat ing to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.

The House amendment was as follows:

Amend SB 185 by striking lines 5 and 6 of page 2 and inserting in lieu thereof the following:
"by a check which is a 'bad check' within the provisions of any law of this state."

Senator Johnson of the 47th moved that the Senate disagree to the House amendment to SB 185.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 185.

The following resolution of the Senate was read and adopted:

SR 252. By Senator Garner of the 30th: A resolution commending the Carrollton High School Debate Team.

Senator Garner of the 30th introduced the Carrollton High School Debate Team to the Senators.

WEDNESDAY, MARCH 8, 1989

1877

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

HB 706. By Representatives Twiggs of the 4th and Moody of the 153rd:
A bill to amend Code Section 35-3-9 of the Official Code of Georgia Annotated, relating to narcotics agents, so as to remove the prohibition against the eligibility of narcotics agents for participation in the Peace Officers' Annuity and Benefit Fund.

Senator Pollard of the 24th moved that HB 706 be committed to the Senate Committee on Retirement.

On the motion, the yeas were 32, nays 1; the motion prevailed, and HB 706 was com mitted to the Senate Committee on Retirement.

HB 850. By Representatives McDonald of the 12th, Oliver of the 121st, Cummings of the 17th, Murphy of the 18th and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to the minimum salary for school bus drivers.
Sseennate Ssppoonsor: Sseennator KAenneday orf thne 4thn.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon Burton
^C/C-i ooynllle-mmsan Coverdell Dawkins Dean
Echols Edge English

Engram Foster Fuller Garner Gillis Hammill
J"HTouohvg,wngsamordns Kennedy Kidd Land
Langford McKenzie Newbill

Olmstead Parker Peevy Perry phillips pollard
RS,, caogB,tatnoo,f f021n0d,th Scott of 36th Starr Stumbaugh
Taylor Turner Walker

Those not voting were Senators:

Albert Bowen Broun Deal

Fincher Harris Ragan of 32nd Ray

Shumake Tate Timmons Tysinger

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

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

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JOURNAL OF THE SENATE

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

HB 568. By Representatives Dover of the llth, McKelvey of the 15th, Martin of the 26th and Hooks of the 116th:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the Governor's Employment and Training Council shall assist the Commissioner of Labor; to provide for the creation of the Governor's Employment and Training Council.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Collins Coverdell Dawkins Deal Dean Echols

English Engram Fincher Foster Fuller Garner Hammill Howard Huggins Johnson Kidd Land McKenzie Newbill

Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Broun Coleman Edge
Gillis

Harris Kennedy (presiding) Langford Parker
Phillips

Ray Scott of 36th
Shumake Taylor

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

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

HB 569. By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th:
A bill to amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to determination of eligibility for benefits of persons performing certain services, so as to change certain provisions relating to determination of eligibility for benefits of persons performing services in educational institutions.
Senate Sponsor: Senator Clay of the 37th.

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

WEDNESDAY, MARCH 8, 1989

1879

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman Collins Coverdell Dawkins Deal Dean

Echols English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Land

Newbill Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Albert
Broun Edge Harris Kennedy (presiding)

Langford
McKenzie Olmstead Parker Ray

Scott of 36th Shumake
laylor Timmons

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

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

HB 8. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.
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:

Allgood Baldwin Barker Barnes B rann n
Burton PJ C 0 ll ms Coverdell Deal Dean Echols Edge

English Fincher Foster Fuller Garner
Gill ' S Hammill Howard Huggins Johnson Kidd Land Langford

Parker Peevy Perry Phillips Pollard
Raga" f 10th Ragan of 32nd Scott of 36th Starr Stumbaugh Taylor Turner Tysinger

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Those not voting were Senators:

Albert Bowen CDoalwemkianns Engram Harris

Kennedy (presiding) McKenzie XNTewb,l.1n1 Olmstead Ray

Scott of 2nd Shumake mTat, e Timmons Walker

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

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

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

Mr. President:

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

HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th, Birdsong of the 104th, Moultrie of the 93rd and Richardson of the 52nd:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 299. By Senator Dawkins of the 45th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal in its entirety Article 1 of said chapter which requires that publications of the executive branch of gov ernment indicate certain information on the cover of the publication; to provide for related matters; to provide an effective date.

The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:

SR 154. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; to provide an effective date.

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

SB 183. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties

WEDNESDAY, MARCH 8, 1989

1881

of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to au thorize the use of electronic or automated methods or systems of record keeping.

The House amendments were as follows:

Amendment No. 1:

Amend SB 183 by adding preceding the words "to provide" on line 8 of page 1 the following:
"to change the provisions relating to fees of the clerks of the superior courts;".
By adding between lines 25 and 26 of page 12 the following:
"Section 5. Said article is further amended by striking subparagraph (b)(l)(A) of Code Section 15-6-77, relating to fees of the clerks of the superior courts, and inserting in lieu thereof a new subparagraph (A) to read as follows:
'(A) As used in this paragraph, the term "domestic civil cases" means divorce cases, alimony cases, child support cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases.' "
By redesignating Sections 5 through 7 as Sections 6 through 8, respectively.

Amendment No. 2:

Amend SB 183 by adding a new number 13 on line 9, page 9 to read as follows:
"(13) To invest any and all funds paid into the registry of the court by any party to a case for the benefit of that party where the amount so deposited exceeds $5,000.00 and where it is contemplated that the funds may be held for 60 days or longer. Such funds shall be invested not later than the close of business on the tenth business day following the day the funds were paid into court.";
and
by renumbering (13) as (14) on line 9, page 9, and by adding after the word "generally"

on line 4, page 1, the following: "to provide for the deposit of funds paid into court;".

Senator Pollard of the 24th moved that the Senate agree to House amendment No. 1 and agree to House amendment No. 2 as amended by the following amendment:

Amend the House amendment No. 2 to SB 183 by striking from such amendment the following:
$5,000.00",
and inserting in lieu thereof the following:
"$15,000.00".

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 Burton
Clay
Coleman

Collins Coverdell
Deal
Dean

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Echols Edge Engram Fincher Foster FGualrlneer r
Hammill
Howard
Huggins Johnson

Kidd Land Langford McKenzie Parker PPeeerrvyy
Phillips
Pollard
Ragan of 10th Ragan of 32nd

Scott of 2nd Scott of 36th Starr Stumbaugh rp t _Tay.lor
Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Albert Barnes Bowen Dawkins

English Gillis Harris Kennedy (presiding)

Newbill Olmstead Ray Shumake

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to House amendment No. 1 and agreed to House amendment No. 2 as amended by the Senate.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 188. By Senators Johnson of the 47th, Albert of the 23rd, Dawkins of the 45th and others:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to provide that with respect to the crime of issuance of a bad check a single notice is sufficient to cover all checks on which payment was refused and which were written within a ten-day period to a single entity; to provide for the form of notice covering multiple checks.

The House substitute to SB 188 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to provide that with respect to the crime of issuance of a bad check a single notice is sufficient to cover all checks on which payment was refused and which were delivered within a ten-day period to a single entity; to provide for the form of notice covering multiple checks; to provide a presumption for the basis of dishonoring a check; to change the penalty provisions relating to the crime of issuance of a bad check; to provide that the drawing and giving of multiple bad checks to the same entity within a specified period shall under certain circumstances constitute a misdemeanor of a high and aggravated nature or a felony; to change certain provisions relating to the issuance of a bad check on a bank of another state; to clarify certain court costs; to preserve certain civil remedies for the party holding a worthless check, draft, or order; to provide that the party holding a worthless check, draft, or order shall be immune from civil liability for cer tain actions; to change certain provisions relating to service charges; to make it unlawful for any person to print or cause to be printed checks, drafts or orders drawn upon any financial institution or to execute or negotiate any check, draft, or order knowing that the account number, routing number, or other information printed on such check, draft, or order is in error, fictitious, or assigned to another account holder or financial institution; to provide a penalty; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 8, 1989

1883

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, is amended by striking in its entirety Code Section 16-9-20, relating to the crime of issuance of a bad check, and inserting in lieu thereof a new Code Section 169-20 to read as follows:

"16-9-20. (a) A person commits the offense of criminal issuance of a bad check when he makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if:

(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered;

(2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and the accused or someone for him shall not have tendered the holder thereof the amount due thereon, together with a service charge, within ten days after receiv ing written notice that payment was refused upon such instrument. For purposes of this paragraph:

(A) Notice mailed by certified or registered mail evidenced by return receipt to the person at the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received as of the date on the return receipt by the person making, drawing, uttering, or delivering the instrument. A single no tice as provided in subparagraph (B) of this paragraph shall be sufficient to cover all checks on which payment was refused and which were delivered within a ten-day period by the accused to a single entity, provided that the form of notice lists and identifies each check; and

(B) The form of notice shall be substantially as follows:

'You are hereby notified that the following check(s) or instrument(s)

Check No.

Check Date

Check Amount

Name of
Bank

drawn upon _________ and payable to _________, (has) (have) been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s) plus the applicable service charge(s) of $_____, the total amount due being ______ dollars and ______ cents. Unless this amount is paid in full within the specified time above, a presumption in law arises that you delivered the item(s) with the intent to defraud and the dishonored check(s) or instru ment^) and all other available information relating to this incident may be submitted to the magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor for criminal prosecution.'; or
(3) Notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within 90 days of dishonor to the person at the address printed on the instrument or given by the accused at the time of issuance of the instrument.
(b) (1) Except as provided in paragraphs (2) and (3) of this subsection and subsection

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(c) of this Code section, a person convicted of the offense of criminal issuance of a bad check shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(A) When the check is for less than $100.00, a fine of not more than $500.00 or impris onment not to exceed 12 months, or both;
(B) When the check is for $100.00 or more but less than $300.00, a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or
(C) When more than one check is involved and such checks were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate checks may be added together to arrive at and be punishable under subparagraph (B) of this paragraph.
(2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check, when the check is for an amount of not less than $300.00 nor more than $499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When more than one check is involved and such checks were given to the same entity within a 15 day period and the cumulative total of such checks is not less than $300.00 nor more than $499.99, the person drawing and giving such checks shall upon conviction be guilty of a misdemeanor of a high and aggra vated nature.
(3) (A) Except as provided in subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check, when the check is for $500.00 or more, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both.
(4) Upon conviction of a first or any subsequent offense under this subsection or subsec tion (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the check, together with all costs of bringing a complaint under this Code section. Costs shall be pre sumed to be $20.00, inclusive of warrant or citation application fee and certified or regis tered mail letter fee, provided that the party causing the criminal warrant or citation to issue may present competent evidence of costs in excess of $20.00 as the court considers the assessment of costs. Restitution may be made while the defendant is serving a probated or suspended sentence.
(c) A person who commits the offense of criminal issuance of a bad check by the mak ing, drawing, uttering, or delivering of a check, draft, or order on a bank of another state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine in an amount of up to $1,000.00, or both.
(d) The prosecuting authority of the court with jurisdiction over a violation of subsec tion (c) of this Code section may seek extradition for criminal prosecution of any person not within this state who flees the state to avoid prosecution under this Code section.
(e) In any prosecution or action under this Code section, a check, draft, or order for which the information required in this subsection is available at the time of issuance shall constitute prima-facie evidence of the identity of the party issuing the check, draft, or order and that the person was a party authorized to draw upon the named account. To establish this prima-facie evidence, the following information regarding the identity of the party presenting the check, draft, or order shall be obtained by the party receiving such instru ment: the full name, residence address, and home phone number.
(1) Such information may be provided by either of two methods:
(A) The information may be recorded upon the check or instrument itself; or
(B) The number of a check-cashing identification card issued by the receiving party may be recorded on the check. The check-cashing identification card shall be issued only

WEDNESDAY, MARCH 8, 1989

1885

after the information required in this subsection has been placed on file by the receiving party.
(2) In addition to the information required in this subsection, the party receiving a check shall witness the signature or endorsement of the party presenting such check and as evidence of such the receiving party shall initial the check.
(f) As used in this Code section, the term:
(1) 'Conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail.
(2) 'Present consideration' shall include without limitation:
(A) An obligation or debt of rent which is past due or presently due;
(B) An obligation or debt of state taxes which is past due or presently due;
(C) An obligation or debt which is past due or presently due for child support when made to the custodian of a minor child for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment;
(D) A simultaneous agreement for the extension of additional credit where additional credit is being denied; and
(E) A written waiver of mechanic's or materialmen's lien rights.
(3) 'State taxes' shall include payments made to the Georgia Department of Labor as required by Chapter 8 of Title 34.
(g) This Code section shall in no way affect the authority of a sentencing judge to pro vide for a sentence to be served on weekends or during the nonworking hours of the defend ant as provided in Code Section 17-10-3.
(h) (1) Any party holding a worthless check, draft, or order and giving notice in sub stantially similar form to that provided in subparagraph (a)(2)(B) of this Code section shall be immune from civil liability for the giving of such notice and for proceeding as required under the forms of such notice; provided, however, that, if any person shall be arrested or prosecuted for violation of this Code section and payment of any check, draft, or order for the payment of money shall have been refused because the maker or drawer had no account with the bank or other depository on which such check, draft, or order was drawn, the one causing the arrest or prosecution shall be deemed to have acted with reasonable or probable cause even though he or it has not mailed the written notice or waited for the ten-day period to elapse. In any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such check, draft, or order, no evidence of statements or representations as to the status of the check, draft, or order involved or of any collateral agreement with reference to the check, draft, or order shall be admissible unless such state ments, representations, or collateral agreement shall be written simultaneously with or upon the check, draft, or order at the time it is delivered by the maker thereof.
(2) Except as otherwise provided by law, any party who holds a worthless check, draft, or order, who complies with the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be issued shall not forfeit his right to continue or pursue civil remedies authorized by law for the collection of the worthless check, draft, or order. It shall be deemed conclusive evidence that any action is brought upon probable cause and without malice where such party holding a worthless check, draft, or order has complied with the provisions of subsection (a) of this Code section regardless of whether the criminal charges are dismissed by a court due to payment in full of the face value of the check, draft, or order and applicable service charges subsequent to the date that affidavit for the warrant or citation is made. In any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such check, draft, or order, no evidence of statements or representations as to the status of the check, draft, or order involved or of any collateral agreement with reference to the check, draft, or order shall be admissible unless

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such statements, representations, or collateral agreement shall be written simultaneously with or upon the check, draft, or order at the time it is delivered by the maker thereof.
(i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives a check, draft, negotiable order of withdrawal, or like instru ment drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit may, if such instru ment is not paid or is dishonored by such institution, charge and collect from the borrower or person to whom the credit was extended a bad check charge. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state.
(j) For purposes of this Code section, no service charge or bad check charge shall exceed $20.00 or 5 percent of the face amount of the check, whichever is greater.
(k) An action under this Code section may be prosecuted by the party initially receiving a worthless check, draft, or order or by any subsequent holder in due course of any such worthless check, draft, or order."
Section 2. Said article is further amended by adding at the end thereof a new Code Section 16-9-21 to read as follows:
"16-9-21. (a) It shall be unlawful for any person to print or cause to be printed checks, drafts, or orders drawn upon any financial institution as such term is denned in paragraph (21) of Code Section 7-1-4 or to execute or negotiate any check, draft, or order knowing that the account number, routing number, or other information printed on such check, draft, or order is in error, fictitious, or assigned to another account holder or financial institution.
(b) Any person who violates subsection (a) of this Code section shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one year nor more than five years, or both."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 188.

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 Broun Burton Clay Coleman Collins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead

Parker Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Perry.

WEDNESDAY, MARCH 8, 1989

1887

Those not voting were Senators:

Barnes BBrawnennon Coverdell Dawkins

Engram Gillis Kennedy (presiding) Langford

Perry Ray Shumake Stumbaugh

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 188.

Lieutenant Governor Miller introduced the Towns County High School Baseball Team who were commended by SR 251, adopted previously today.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 150. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize regulations of the Department of Banking and Finance relative to subsidiaries and affiliates of financial institu tions, competition with others providing financial services, and unfair or decep tive business practices; to provide for additional operational powers of banks and trust companies.

The House substitute to SB 150 was as follows:

A BILL
To be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize rules and regulations of the Department of Banking and Finance relative to the competition of financial institutions with others providing financial services and unfair or deceptive business practices; to pro vide for additional operational powers of banks and trust companies; to change provisions relative to a bank or trust company's authority to acquire and hold real property; to provide for approval of acquisitions of real property; to provide that a bank or trust company may acquire an ownership interest in real estate incidental to the financing of certain transac tions involving the real estate within certain limitations; to authorize investments in certain mutual funds, investment trusts, or pools; to provide for rules and regulations concerning investments; to authorize banks to hold shares of certain types of stock; to authorize the purchase of certain securities not inconsistent with regulation of the department; to prohibit certain acts regarding the use of information obtained through association with a financial institution; 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. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking Code Section 7-1-61, relating to rules and regu lations, in its entirety and substituting in lieu thereof a new Code Section 7-1-61 to read as follows:
"7-1-61. (a) The department shall have the authority to promulgate rules and regula tions to effectuate the objectives or provisions of this chapter. Without limiting the general ity of the foregoing, the department is expressly authorized to make rules and regulations, consistent with this chapter, relating to operations of financial institutions to:
(1) Enable financial institutions existing under the laws of this state to compete fairly

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with financial institutions and others providing financial services in this state existing under the laws of the United States, other states, or foreign governments; or
(2) Protect financial institutions jeopardized by new economic or technological conditions.
(b) Rules and regulations promulgated by the department may provide for controls and restrictions reasonably necessary to prevent unfair or deceptive business practices which are prohibited under Code Section 10-1-393 or which would unfairly operate to the detriment of any competing business or enterprise or to persons utilizing the services of any financial institution, its subsidiary, or affiliate.
(c) All rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' including the requirements for hearing as stated in that chapter. Regulations issued under this or other provisions of this chapter may make appropriate distinctions between types of financial institutions and may be amended, modified, or repealed from time to time."
Section 2. Said chapter is further amended by striking paragraph (10) of Code Section 7-1-261, relating to operational powers, and substituting in lieu thereof a new paragraph (10) to read as follows:
"(10) To have and exercise all powers necessary or convenient to effect any and all purposes for which the bank or trust company is organized including those authorized to subsidiaries of the bank or trust company pursuant to subparagraph (c)(2)(F) of Code Sec tion 7-1-288 and to carry on a banking or trust business consistent with the objectives of this chapter and the regulations of the department."
Section 3. Said chapter is further amended by striking Code Section 7-1-262, relating to the power to hold real estate, in its entirety and substituting in lieu thereof a new Code Section 7-1-262 to read as follows:
"7-1-262. (a) A bank or trust company may solely or jointly with other persons or corpo rations acquire and hold such real property as it:
(1) Occupies or intends to occupy primarily for the transaction of its business, the busi ness of any subsidiary or affiliate, or the recreational use of its employees or partly so occu pies and partly leases;
(2) Acquires for the purpose of providing parking or other facilities primarily for the use of its tenants, customers, officers, and employees; or
(3) Acquires with others for the purpose of providing data processing facilities or other support services for the bank or trust company or any subsidiary solely or in cooperation with others,
subject to the limitation that the investment of the bank or trust company in all such real property, in all furniture, fixtures, and equipment acquired in connection with any real property owned or leased by the bank or trust company, in all alterations of buildings on real property owned or leased by the bank or trust company, in all shares of corporations organized for the purpose of holding real estate in the categories described above where the bank or trust company or a subsidiary of the bank or trust company owns 25 percent or more of such shares outstanding, in obligations of or for the benefit of such corporations or loans upon the security of the shares of such corporations or to the extent of the bank's or trust company's pro rata interest, the security of the real estate itself, and in all real estate, furniture, fixtures, or equipment held beyond the limits specified in Code Section 7-1-263 shall not exceed 60 percent of the statutory capital base of the bank or trust company, or such larger amount as may be approved by the department.
(b) All acquisitions of real property for purposes authorized above must be accorded prior written approval by the department in advance of the acquisition except to the extent authorized by regulation."

WEDNESDAY, MARCH 8, 1989

1889

Section 4. Said chapter is further amended by adding at the end of Code Section 7-1286, relating to real estate loans, a new subsection (e) to read as follows:
"(e) Notwithstanding any other provisions of this chapter and otherwise subject to reg ulations of the department, a bank or trust company may acquire, directly or indirectly, an ownership interest in real estate incidental to the financing of the purchase, development or improvement of such real estate, provided:
(1) The amount of such ownership interest shall not exceed 25 percent of the appraised value of the real estate;
(2) The amount of such ownership interest when aggregated with the amount financed shall not exceed the limitations prescribed by this Code section and Code Section 7-1-285;
(3) The ownership interest shall be terminated upon substantial repayment of the fi nancing in the manner prescribed in Code Section 7-1-263, relating to the divestiture of real estate interest; and
(4) Anytime real estate owned by a bank or trust company pursuant to the provisions of Section 4 of this Act is held or disposed of pursuant to the provisions of Code Section 7-1263, said action to hold or dispose shall be reported in writing annually to the stockholders. Said report shall include disclosure of any real estate acquired by foreclosure or the taking by a deed in lieu of foreclosure and the name or names of the corporation or individuals from whom title was taken."
Section 5. Said chapter is further amended by striking Code Section 7-1-287, relating to investment securities, in its entirety and substituting in lieu thereof a new Code Section 7-1287 to read as follows:
"7-1-287. Notwithstanding the limitations of Code Section 7-1-288, a bank may purchase, sell, underwrite, and hold securities which are obligations in the form of bonds, notes, or debentures or mutual funds, investment trusts, or pools primarily consisting of such bonds, notes, or debentures to the extent authorized by the department. The depart ment may issue regulations which prescribe operating restrictions and standards of conduct dealing with potential conflicts of interest and shall prescribe rules for divestiture of securi ties held in violation of such regulations and fines for violations not to exceed $10,000.00 per day during which each violation remains uncorrected. A bank may hold without limit securi ties which are obligations of the United States or obligations which are guaranteed fully as to principal and interest by the United States or general obligations of any state."
Section 6. Said chapter is further amended by striking subsection (c) of Code Section 71-288, relating to corporate stock and securities, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Notwithstanding any other provisions of law to the contrary, a bank may acquire and hold for its own account:
(1) Shares of stock of a federal reserve bank without limitation of amount;
(2) Shares of stock of:
(A) Any state or federal government sponsored instrumentality for the guarantee, un derwriting, or marketing of residential housing or financing of residential housing;
(B) A business development corporation or small minority business development corpo ration authorized under Article 6 of this chapter;
(C) An agricultural credit corporation duly organized under the laws of this state having authority to make loans to farmers of this state for agricultural purposes under programs administered by the federal farm credit system;
(D) A bank service corporation created to provide support services for one or more financial institutions;
(E) (i) A banking institution principally engaged in foreign or international banking or

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banking in a dependency or insular possession of the United States, either directly or through the agency, ownership, or control of local institutions in foreign countries or in such dependencies or insular possessions, including the stock of one or more corporations existing pursuant to Section 25(a) of the Federal Reserve Act, provided that, before a bank may purchase a majority interest in any such banking institution, it shall enter into an agree ment with the department to restrict its operations in such manner as the department may prescribe; and provided, further, that, if the department determines that said restrictions have not been complied with, it may order the disposition of said stock upon reasonable notice; or
(ii) A banking institution which is engaged in providing banking or other financial ser vices to such extent as is permitted by regulations of the department to depository financial institutions located primarily within this state and whose ownership consists primarily of such depository financial institutions;
(F) A corporation engaged in functions or activities that the bank or trust company is authorized to carry on, including, but not limited to, conducting a safe-deposit business, holding real estate, acting as a financial planner or investment advisor, offering of a full range of investment products, promoting and facilitating international trade and commerce, or exercising powers incidental to the banking business as provided in paragraph (10) of Code Section 7-1-261; provided, however, nothing contained in this Code section shall ex empt any such corporation from undertaking registration, licensing, or other qualification to engage in such functions or activities as may otherwise be required by law; and
(G) Other corporations created pursuant to act of Congress or pursuant to Chapter 3 of Title 14, known as the 'Georgia Nonprofit Corporation Code' for the purpose of meeting the agricultural, housing, health, transit, educational, environmental, or similar needs where the department determines that investment therein by banks is in the public interest,
provided that the bank's investment in any such category of stock under this paragraph shall not exceed 10 percent of its statutory capital base, except that, in the case of stock acquired under subparagraph (F) of this paragraph, such investment shall not exceed the lesser of 10 percent of the total assets of the bank or 100 percent of the statutory capital base of the bank; and provided, further, that no acquisitions may be made pursuant to subparagraphs (D) through (G) of this paragraph without the prior approval of the depart ment; and
(3) Shares of stock of small business investment companies organized under acts of Congress and doing business in this state, provided that the aggregate investment by the bank in such shares shall not exceed 5 percent of its statutory capital base."
Section 7. Said chapter is further amended by striking Code Section 7-1-314, relating to the purchase in fiduciary capacity of securities underwritten by syndicate which includes the financial institution, in its entirety and substituting in lieu thereof a new Code Section 7-1314 to read as follows:
"7-1-314. A trust company or a financial institution with fiduciary powers may, in its fiduciary capacity, purchase securities underwritten by a syndicate which includes the finan cial institution or an affiliate of the financial institution, provided such purchase is other wise prudent, not prohibited by the instrument governing the fiduciary relationship, and not otherwise inconsistent with regulations issued by the department."
Section 8. Said chapter is further amended by striking the period at the end of para graph (4) and substituting in lieu thereof the symbol ";" and by adding a new paragraph (5) at the end of Code Section 7-1-842, relating to felonies of directors, officers, agents, and employees of financial institutions and the aiding and abetting of false entries, to read as follows:
"(5) Uses information obtained through his association with the financial institution which he serves as a director, officer, agent, or employee, which is not otherwise publicly available, with the intent to realize personal gain or to cause financial harm to another party shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed

WEDNESDAY, MARCH 8, 1989

1891

$10,000.00 or twice the amount of improper gain realized, whichever is less, or by imprison ment and labor in the penitentiary for not less than one year nor more than five years, or both."
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Turner of the 8th moved that the Senate agree to the House substitute to SB 150.

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 Broun
B urton XCCoo,vlvhe. nrds ell Dawkins Dean Echols Edge Engram Fincher Foster

Fuller Garner Gillis
Hammill Harris
Howard H^ T u,gSnBgsionns Kldd Land Langford McKenzie Newbill Olmstead Parker

Perry Pollard Ragan of 10th
Ragan of 32nd Ray

Scott of 2nd

Sf,,t.caortrt

of

36th .

Stumbaugh

Tate

Taylor

Timmons

Turner

Tysinger

Walker

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Barnes Bowen Brannon

Coleman Deal English

Kennedy (presiding) Phillips Shumake

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 150.

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

HB 843. By Representative Pettit of the 19th:
A bill to amend Article 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Allocation System" for allocation of the use of private activity bonds as permitted by federal law, so as to extensively revise provisions relating to the allocation system; to add a definition of "qualified housing project".
Senate Sponsor: Senator Harris of the 27th.

Senator Tysinger of the 41st offered the following amendment:

Amend HB 843 by striking the word "September" on line 30 of page 6 and inserting in its place the word "June".

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"SixtByy".striking the word "Seventy" on line 32 of page 6 and inserting in its place the word
"ForBtyy".striking the word "Twenty" on line 1 of page 7 and inserting in its place the word
By adding after the word "authorities" on line 2 of page 7 the words "and local housing authorities".
By inserting before the period on line 3 of page 7 the words "as specified in this paragraph".
By striking the word "urban" on line 4 of page 7 and inserting in its place the word "local".
By striking the symbol and word "; and" on line 4 of page 7 and inserting in lieu thereof the symbol ":".
By striking all matter on lines 5 through 8 of page 7. By adding a quotation mark after the period on line 15 of page 8. By striking all matter on lines 16 through 19 of page 8.

On the adoption of the amendment, the yeas were 13, nays 17, and the amendment was lost.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Echols Edge

English Engram Fincher Foster Fuller Garner Hammill Harris Huggins Johnson Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Walker

Voting in the negative were Senators Howard and Tysinger.

Those not voting were Senators:

Barnes Dean Gillis

Kennedy (presiding) McKenzie

Shumake Starr

On the passage of the bill, the yeas were 47, nays 2.

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

WEDNESDAY, MARCH 8, 1989

1893

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 1. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing ac tivities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent; to direct local governments to prepare and adopt land use plans and ordinances.
The House substitute to SB 1 was as follows:
A BILL
To be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing activities in certain mountain areas of the state; to define terms; to state legislative findings and legisla tive intent; to direct local governments to prepare and adopt land use plans and ordinances for governing land-disturbing activities; to provide for review and certification of such plans and ordinances by the Environmental Protection Division of the Department of Natural Resources; to provide for rules and regulations of the Board of Natural Resources in areas where certified plans and ordinances are not adopted; to provide for specific and general standards governing the permitting of land-disturbing activities; to provide for application for and issuance of permits and conditions thereon; to provide for civil enforcement through administrative and judicial proceedings; to provide for civil penalties; to provide for grants; to provide for mapping of protected areas; to provide for assistance by area planning and development commissions; to provide for exceptions; to provide for appropriations for grants to local governments as a condition of effectiveness and enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof of a new Chapter 15 to read as follows:
"CHAPTER 15
12-15-1. This chapter shall be known and may be cited as the 'Mountain Protection Act.'
12-15-2. As used in this chapter, the term:
(1) 'Applicant' means any person who requests the permit required by this chapter.
(2) 'Board' means the Board of Natural Resources.
(3) 'Commercial structure' means any structure other than single-family and multifamily residences.
(4) 'Commission' means any area planning and development commission created pursu ant to the authority contained in Article 2 of Chapter 8 of Title 50 for any county or group of counties within which a protected mountain lies.
(5) 'Department' means the Department of Natural Resources.
(6) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.
(7) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.

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(8) 'Governing authority' means the governing authority of a political subdivision or a committee of such governing authority.
(9) 'Issuing authority' means the governing authority of any county or municipality which has received certification pursuant to Code Section 12-15-8; provided, however, in cases where a county or municipality has not received such certification, 'issuing authority' shall mean the director.
(10) 'Land-disturbing activity' means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure.
(11) 'Multifamily residence' means a structure that contains multiple dwelling units.
(12) 'Percentage slope' means the difference in elevation between two points on the earth divided by the horizontal distance between those two points.
(13) 'Permit' means a written authorization to engage in land-disturbing activity on a protected mountain. The permit shall include the application and all supporting documents, the approval of the issuing authority, and any conditions attached to the approval.
(14) 'Person' means any individual, partnership, corporation, trust, entity, or authority and shall include the State of Georgia, its political subdivisions, and all of its departments, boards, bureaus, commissions, or other agencies.
(15) 'Plan' means any comprehensive land use plan prepared pursuant to Code Section 12-15-5.
(16) 'Political subdivision' means a county or municipality in which a protected moun tain lies.
(17) 'Protected mountain' means any land area having a slope of 33 percent grade or greater continuing for 500 feet horizontally above or crossing points 2,500 feet above mean sea level and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area.
(18) 'Single-family residence' means a structure that is designed for the use of one family.
12-15-3. (a) The General Assembly finds that unregulated land-disturbing activity on the higher elevations of Georgia's mountains threatens the public health, safety, welfare, and economic progress of this state by:
(1) Endangering the quality of surface water in the north Georgia region. The moun tains constitute a vital watershed for replenishing the rivers and lakes which supply water to nearly one-half of all Georgians. Improper grading, clearing, private road construction, and other land-disturbing activity at such higher elevations may cause soil erosion, the move ment of sediments into rivers and lakes, land slumping, and other problems destructive to land and water resources. Such damage to the watershed adversely affects the economy and environment of the north Georgia region;
(2) Infringing on the ground-water rights of residents living at lower elevations due to difficulty in providing proper sewage disposal at such higher elevations;
(3) Imperiling the lives and properties of residents throughout the north Georgia region due to difficulty in providing fire protection at such higher elevations;
(4) Damaging habitat for some species of wildlife; and
(5) Detracting from the mountains' scenic and natural beauty which is vital to the travel and tourism industry of the north Georgia region.
(b) The General Assembly further finds that land-disturbing activity on the higher ele vations of Georgia's mountains has a cumulative impact on the natural resources and envi ronment of the north Georgia region. The General Assembly further finds that this impact must be assessed and considered in a comprehensive land use plan in order to provide ade quate protection to the water supply, soil, forests, wildlife habitat, and scenic and natural

WEDNESDAY, MARCH 8, 1989

1895

beauty of the north Georgia region. The General Assembly concludes that the protected mountains as set forth in this chapter constitute vital areas within the meaning of Article III, Section VI, Paragraph II of the Constitution of the State of Georgia of 1983 and must be protected and preserved in order to prevent their use in a manner detrimental to the public interest.
(c) The General Assembly intends to regulate in a manner consistent with the public interest land-disturbing activity on protected mountains. The General Assembly intends to establish minimum standards that a person must meet before engaging in land-disturbing activity on protected mountains and intends to require political subdivisions in which pro tected mountains lie to administer and enforce this chapter. The General Assembly intends to authorize the state to administer and enforce this chapter if the appropriate political subdivisions fail or refuse to do so if the public interest requires it.
12-15-4. Subject to the requirements of Code Section 12-15-16, on or after July 1, 1990, no person shall engage in any land-disturbing activity on a protected mountain without first obtaining a permit issued in accordance with the requirements of this chapter.
12-15-5. (a) Subject to the requirements of Code Section 12-15-16, on or before July 1, 1990, the governing authority of each county and municipality in which a protected moun tain lies shall prepare and adopt a land use plan and ordinances for governing land-dis turbing activity on protected mountains and for issuing the permits required by this chap ter. Before such plans and ordinances shall be considered to be in effect, the governing authorities shall submit such plans and ordinances to the director for certification as pro vided in Code Section 12-15-8. Such plans and ordinances shall consider the cumulative effects and regional impact of land-disturbing activity on protected mountains and shall be designed to protect the public interest and to preserve the natural resources and environ ment of protected mountains.
(b) Land-disturbing activity in counties and municipalities without certified ordinances as provided in Code Section 12-15-8 shall be governed in accordance with Code Section 1215-7.
12-15-6. The commission shall assist the governing authority in preparing a land use plan and appropriate ordinances to govern land-disturbing activity on protected mountains.
12-15-7. (a) The board by rules and regulations shall adopt the procedures governing land-disturbing activity in those counties and municipalities in which a protected mountain lies but which do not have in effect a plan and ordinances certified under Code Section 1215-8. Such rules and regulations shall be developed by the division and shall be consistent with the requirements of this chapter.
(b) The division is authorized to assess applicants for the costs of implementing and enforcing the requirements of this chapter in those counties and municipalities which do not have in effect a plan and ordinances certified under Code Section 12-15-8.
12-15-8. (a) The governing authorities shall submit all such plans and ordinances as required by Code Section 12-15-5 to the director for certification. If the director determines that a county or municipality has enacted plans and ordinances which meet or exceed the requirements of this chapter and which are enforceable by such county or municipality, the director shall certify such county or municipality as an issuing authority of the permit re quired by this chapter. The director shall refuse to certify such plans and ordinances only if they fail to provide for the following minimum standards:
(1) The proposed land-disturbing activity must meet all applicable requirements of Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975' and of any applicable local ordinances on soil erosion and sedimentation control;
(2) Where one or more septic tanks are to be used for individual sewage disposal, the proposed land-disturbing activity must meet all applicable requirements imposed by the governing authority;
(3) Where one or more wells are to be used for individual water supply, the proposed

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land-disturbing activity must meet all applicable requirements of Part 3 of Article 3 of Chapter 5 of this title, the 'Water Well Standards Act of 1985,' the requirements of the rules and regulations of the Department of Human Resources regarding individual or nonpublic wells, and any more stringent requirements imposed by the governing authority;
(4) If sewage treatment is to be provided by any means other than one or more individ ual septic tanks, the sewage treatment must meet all applicable requirements of Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act';
(5) If a public water supply system is to be provided, the water supply system must meet all applicable requirements of Part 5 of Article 3 of Chapter 5 of this title, the 'Georgia Safe Drinking Water Act of 1977';
(6) No single-family residences may be constructed at a density of more than one per acre, but no such acre shall be less than 100 feet wide at the building site, except that this density restriction shall not apply to:
(A) Any lot of less than one acre if such lot was as of July 1, 1990, owned and described as a discrete parcel of real property according to the instrument of title of the person or persons owning the lot on July 1, 1990; or such lot was as of July 1, 1990, shown as a dis crete parcel of real property on a plat of survey properly recorded in the real property records of the clerk of superior court by the person or persons owning the lot on July 1, 1990; or
(B) Any land or part of any land which was contained in or subject to any master plan, planned unit development, special approved development plan, or any other development plan if such plan was filed with and approved by the local governing authority prior to July 1, 1990, pursuant to a duly enacted planning and zoning ordinance; provided, further, that any such planning and zoning ordinance must have provided for rules and procedures and governed lot sizes, density, types of buildings, and other limitations usually associated with the implementation of local zoning ordinances;
(7) No multifamily residences may be constructed at a density of more than two dwell ing units per acre, except where there is a public or private water supply and sewerage system available to the property then the density may be increased to no more than three dwelling units per acre, but no such acre shall be less than 100 feet wide at the building site;
(8) Applications for a permit to construct a commercial structure shall, in addition to meeting all other requirements of this chapter, contain a detailed landscaping plan. Such landscaping plan shall identify all trees which are to be removed that exceed six inches in diameter as measured at a point on such tree six feet above the surface of the ground and shall contain a plan for replacement of any such trees that are removed. Such application shall also include a topographical survey of the project site and an assessment of the impact that the project will have on the environment of the protected mountain after it has been completed and is in operation. Nothing in this paragraph shall be construed to require com mercial structures to comply with the density provisions of paragraphs (6) and (7) of this subsection;
(9) No structure may extend more than 40 feet above the uppermost point of the crest, summit, or ridge top of the protected mountain on which such structure is constructed; provided, however, that this height restriction shall not apply to water towers or any equip ment for the transmission of electricity or to minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills;
(10) No person engaging in land-disturbing activity shall remove from the crest, sum mit, or ridge top of the protected mountain more than 50 percent of the existing trees which exceed six inches in diameter as measured at a point on such tree six feet above the surface of the ground unless such person has filed with the application a plan of reforestation, but said plan shall not require the replacement of dead, diseased, or pine trees; and

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(11) The county or municipality or its delegated planning and zoning commission has authority to:
(A) Issue cease and desist orders for any land-disturbing activity which is not being conducted in compliance with the requirements of this chapter or the permit and any condi tions attached to it;
(B) Require any person responsible for a land-disturbing activity to correct or restore to its original state the disturbed land if such land-disturbing activity violates the require ments of this chapter or local ordinances; and
(C) Seek from the superior court of the county in which the land-disturbing activity occurs an injunction against conducting such land-disturbing activity in violation of the re quirements of this chapter or local ordinances or seek civil penalties consistent with those authorized in Code Section 12-15-11.
(b) The division may periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to subsection (a) of this Code sec tion. Such review may include, but shall not be limited to, an assessment of the administra tion and enforcement of a governing authority's ordinances. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or enforced its ordinances, the division shall notify in writing the governing authority of the county or municipality. The governing authority of any county or municipality so notified shall have 60 days within which to take the necessary corrective action to retain certification as an issuing authority. If the county or municipality fails to take the necessary corrective action within 60 days after notification by the division, the division may revoke the certification of the county or municipality as an issuing author ity; provided, however, that if the county or municipality has not taken all such necessary corrective action within 60 days after notification but has in the judgment of the director demonstrated reasonable progress, the director shall grant an extension of not less than 60 days and not more than 120 days within which time the governing authority may take the necessary corrective action.
12-15-9. (a) Applications for the permit required by this chapter shall be made to and the permit shall be issued by the governing authority of the county or municipality in which the land-disturbing activity is to occur; provided, however, if the county or municipality in which the land-disturbing activity is to occur is not certified pursuant to subsection (a) of Code Section 12-15-8, the application for such permit shall be made to and the permit shall be issued by the division.
(b) Each application shall be accompanied by such detailed information on the pro posed land-disturbing activity as the issuing authority shall reasonably request and by docu mentation that demonstrates the proposed land-disturbing activity will be carried out in a manner consistent with the requirements of this chapter. No permit shall be issued to any applicant unless the issuing authority determines that the proposed land-disturbing activity satisfies the requirements of this chapter, the plan, and any ordinances adopted pursuant thereto.
(c) The issuing authority shall issue or deny an application for a permit within 20 days of receipt of a completed application. The issuing authority shall state its reasons for deny ing any application for a permit and shall specify where the application is deficient.
(d) The applicant shall conduct all land-disturbing activity strictly in accordance with the approved permit and any conditions attached to it. Any substantial change or modifica tion of a land-disturbing activity for which a permit has been issued shall require a new permit which must be issued in accordance with the requirements of this chapter.
(e) The issuing authority may suspend, revoke, or modify the permit upon a finding that the holder has intentionally violated the terms and conditions therein or is intention ally failing to comply with the requirements of this chapter or of any rule, regulation, plan, or ordinance adopted pursuant to this chapter.

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12-15-10. (a) In those counties and municipalities which are not certified pursuant to subsection (a) of Code Section 12-15-8, the director may:
(1) Issue an order directed to any violator or violators of any provision of this chapter, any rule or regulation adopted pursuant thereto, or any order of the director. The order shall specify the provision of this chapter or the rule or regulation or order alleged to have been violated and may require that within a reasonable time action be taken to correct the violation. Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request, in writing, a hearing pursuant to Code Section 12-15-13; and
(2) Make application to the superior court for an order enjoining any person from en gaging in any land-disturbing activity which constitutes a violation of this chapter, the rules and regulations adopted pursuant thereto, the plan, or the order or any permit conditions. The director may also make application for an order requiring compliance with this chapter, the rules and regulations adopted pursuant thereto, the plan, or the order or any permit conditions. The director shall apply to the superior court of the county where such person resides or, if such person is not a resident of this state, to the superior court of the county in which the violation has been or is about to be engaged in. Upon a showing by the director that such person has engaged in or is about to engage in any such violation, a permanent or temporary injunction, restraining order, or other order shall be granted without the neces sity of showing the lack of an adequate remedy at law.
(b) Notwithstanding any other provision of this chapter to the contrary, upon receipt of evidence that a land-disturbing activity occurring in a county or municipality which is not certified pursuant to subsection (a) of Code Section 12-15-8 is presenting an imminent and substantial danger to the environment or to the public health or safety, the director may bring an action as provided in paragraph (2) of subsection (a) of this Code section to re strain immediately any person causing or contributing to the danger caused by such landdisturbing activity or to take such other action as may be necessary.
(c) If it is not practicable to assure prompt protection of the environment or public health or safety solely by commencing such civil action as outlined in subsection (b) of this Code section, the director may issue such emergency orders as may be necessary to protect the environment or the public health or safety of those persons who are or may be affected by such land-disturbing activity. Notwithstanding any other provision of this chapter, such order shall be immediately effective for a period of not more than 72 hours, unless the direc tor brings an action under subsection (b) of this Code section before the expiration of such 72 hour period. Whenever the director brings such an action within such 72 hour period, such order shall be effective for such period of time as may be authorized by the court pending litigation or thereafter.
12-15-11. Any person who intentionally violates any provision of this chapter, any rule or regulation adopted pursuant thereto, or any permit condition or limitation established pursuant to this chapter or who intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter may be liable for a civil penalty not to exceed $50.00 per acre. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.
12-15-12. (a) In those counties and municipalities which are not certified pursuant to subsection (a) of Code Section 12-15-8, whenever the director has reason to believe that any person has violated any provision of this chapter, any rule or regulation adopted pursuant thereto, or any permit condition or has failed or refused to comply with any final order or emergency order of the director, he may, upon written request, cause a hearing to be con ducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this chapter, any rule or regulation adopted pursuant thereto, or any permit condition or has failed or refused to comply with any final order or emergency order of the director, the hearing officer shall issue his decision imposing civil penalties as provided in this chapter. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-15-13.

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(b) In rendering a decision under this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:
(1) The amount of civil penalty necessary to ensure immediate and continued compli ance and the extent to which the violator may have profited by failing to comply or delaying compliance;
(2) The character and degree of impact of the violation or failure on the natural re sources and environment of the mountains;
(3) The conduct of the person incurring the civil penalty in promptly taking all feasible steps and procedures necessary or appropriate to comply or to correct the violation or failure;
(4) Any prior violations or failures to comply by such person with statutes, rules, regu lations, orders, or permits administered, adopted, or issued by the director;
(5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; and
(6) The character and degree of injury to or interference with reasonable use of prop erty which is caused by or threatened to be caused by such violation or failure.
12-15-13. All hearings on and review of contested matters, orders, or permits issued by or filed against the director and all hearings on and review of any other enforcement actions or orders initiated by the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure provided in this Code section is to the exclusion of all other means of hearings or review.
12-15-14. (a) The division shall award grants to the affected commissions and governing authorities to develop plans and ordinances to satisfy the requirements of this chapter.
(b) The board shall through the adoption of rules and regulations identify the protected mountains in each county in the state according to the criteria specified in this chapter. Such rules and regulations may identify the protected mountains by showing them on a map or drawing or describing them in a document, or any combination thereof. Such maps, draw ings, and documents shall be the sole official designation of what constitutes a protected mountain. By April 1, 1990, the maps, drawings, or other documents identifying the pro tected mountains shall be on file in the director's office and shall be open for inspection.
12-15-15. This chapter shall not apply to:
(1) Such minor land-disturbing activities as ordinary maintenance and landscaping op erations, individual home gardens, yard and grounds upkeep, repairs and additions or minor modifications to a single-family residence, and construction of or minor modifications to sheds, garages, or other appurtenant structures to a single-family residence;
(2) Land-disturbing activity in connection with the construction of a single-family dwelling when the dwelling is constructed on a lot of four or more acres;
(3) Lands used in the cultivation and harvesting of products of the field and orchard;
(4) The harvesting of timber;
(5) The cutting of firewood; and
(6) Any land-disturbing activity conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission in the provision of utility services to customers, provided that any such land-disturbing activity shall conform as far as may be feasible and practicable to the requirements of this chapter.
12-15-16. This chapter shall not be effective or enforced unless the necessary funds are appropriated by the General Assembly to make grants to political subdivisions for the spe cific purpose of implementing and carrying out the provisions of this chapter. The enforce-

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ment of the provisions of this chapter shall be suspended during any fiscal year that funds are not appropriated to make grants to political subdivisions for the purpose of carrying out the provisions of this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Foster of the 50th moved that the Senate disagree to the House substitute to SB 1.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 1.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child wel fare services and services to courts.
Senate Sponsors: Senators Burton of the 5th and Barker of the 18th.
The Senate Committee on Children and Youth offered the following substitute to HB 390:
A BILL
To be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child welfare services and services to courts; 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 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," is amended by striking subparagraph (a)(2)(B), which reads as follows:
"(B) Protective services that will investigate complaints of deprivation, abuse, or aban donment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency;",
and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Abuse incidents that do not involve the child's parent, guardian, or individuals regularly in the family home are criminal in nature, are beyond the purview of protective services, and, upon receipt, shall be referred to local law enforcement agencies. Protective services' intervention in noncaretaker incidents will occur only when the parent is unwilling or unable to protect the child. Protective services' involvement in intrafamily litigation (i.e. divorce or child custody proceedings) shall be limited to those instances where it can be clearly demonstrated that the child's welfare is at risk. Protective services' intervention for neglect will occur only when parents do not use their resources to protect and support their children adequately, putting the children at risk of harm. When a child is determined to be at risk and a parent refuses agency help, treatment services or removal must be imposed by

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court order. Intervention for medical neglect shall occur only in situations of imminent dan ger to the child's life, health, or safety;".
Section 2. Said Code section is further amended by striking subparagraph (a)(3)(C), which reads as follows:
"(C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed;",
and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) Making social studies and reports to the court with respect to children and youths who are either within departmental custody or for whom departmental custody has been petitioned. Except upon a specific finding by the Court that financial neglect or physical abuse may exist and therefore a child or children may be at risk, it shall not include in stances involving intrafamily litigation such as divorce or child custody proceedings;".
Section 3. The Department of Human Resources shall submit to the General Assembly on an annual basis a study of the anticipated impact of the implementation of this Act on the Division of Family and Children Services, county department of family and children services, and other county based services.
Section 4. This Act shall become effective on January 1, 1990.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Barker of the 18th, Parker of the 15th and Langford of the 35th offered the following amendment:
Amend the substitute to HB 390 offered by the Senate Committee on Children and Youth by inserting at the end of line 8 of page 3 the following:
"The first study shall be submitted no later than July 1, 1989." and by striking from line 10 of page 3 the following:
"January 1",
and inserting in lieu thereof the following: "April 15".
On the adoption of the amendment, the yeas were 28, nays 4, and the amendment was adopted.
Senator Dawkins of the 45th offered the following amendment:
Amend the substitute to HB 390 offered by the Senate Committee on Children and Youth by striking line 19 of page 2 and inserting in lieu thereof the following:
"safety. The responsibility for protective services' intervention and involvement under this subparagraph will terminate only after appropriate referral of an alleged incident of child abuse or neglect is made to the appropriate agency as specified by the applicable child abuse protocol required by Code Section 19-1-1;'", and on page 2, line 3, after the word "agencies" add:
", provided however that prior to the transfer of responsibility under this Code section, protective services' shall train local law enforcement personnel pursuant to the guidelines promulgated by the department for cases or reports of child abuse."
On the adoption of the amendment, the yeas were 31, nays 5, and the amendment was adopted.
Senators Howard of the 42nd and Barker of the 18th offered the following amendment:

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Amend the substitute to HB 390 offered by the Senate Committee on Children and Youth by striking from page 2, line 9 the following:
"it can be clearly demonstrated that",
and by adding in lieu thereof the following:
"the court finds",
and by striking from page 2, on lines 10--14 the following: "Protective services' intervention for neglect will occur only when parents do not use
their resources to protect and support their children adequately, putting the children at risk of harm.",
and by adding on page 3, line 5 after the word "Act" the following:
"and any proposed changes to this Act".

On the adoption of the amendment, the yeas were 35, nays 2, and the amendment was adopted.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun Burton Clay Coleman Coverdell Dawkins Deal Dean Echols Edge English

Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

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

Those not voting were Senators:

Barnes Brannon Fincher

Kennedy (presiding) Peevy

Shumake Taylor

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

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

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:22 o'clock P.M. until 2:00 o'clock P.M.

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1903

At 2:00 o'clock P.M., Senator Scott of the 2nd called the Senate to order at the direc tion of the President.
The President resumed the Chair.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1056. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd: A bill to amend an Act incorporating the City of Dalton, so as to provide for hearings and investigations by the governing body of the City of Dalton and the City of Dalton Public Safety Commission.
HB 1057. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the method of selection of the members of the board.
HB 1058. By Representative Greene of the 130th: A bill to amend an Act providing a new charter for the City of Cuthbert, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
HB 1059. By Representatives Stephens of the 68th, Irwin of the 13th, Thurmond of the 67th and Clark of the 13th: A bill to amend an Act to create the Classic Center Authority for Clarke County, so as to change certain provisions relative to the membership of the authority.
HB 1060. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th: A bill to repeal an Act providing for the registration and licensing of vehicles in Houston County during designated registration periods.
HB 1061. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th: A bill to authorize the board of commissioners of Houston County to supplement the salaries of the state probation officers and other probation personnel of the Houston Judicial Circuit.
HB 1062. By Representatives Goodwin of the 63rd and Breedlove of the 60th: A bill to amend an Act creating a new charter for the City of Norcross, so as to provide for staggered terms of office for members of the city council.
HB 1063. By Representative Ray of the 98th: A bill to amend an Act creating the board of commissioners for Peach County, so as to change the compensation of the board.

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HB 1064. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the judges of the recorder's court.
HB 1065. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court.
HB 1066. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to change the provisions relat ing to the supplement of the salary of each of the judges of the Superior Court of the Gwinnett Judicial Circuit.
HB 1067. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Wall of the 61st and Mobley of the 64th:
A bill to provide for the compensation of the judge of the Juvenile Court of Gwinnett County.
HB 1075. By Representatives Padgett of the 86th, Connell of the 87th, Walker of the 85th and Cheeks of the 89th:
A bill providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to change the title of the chairman and chairman-mayor; to increase the board of commissioners to 16 members.
HB 1076. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to establish the "Clayton County Commission on Children and Youth" congruent and compatible with Chapter 5 of Title 49 of the Official Code of Georgia Annotated, which establishes and implements a state-wide Commission on Children and Youth.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 405. By Representatives Goodwin of the 63rd, Mobley of the 64th, Breedlove of the 60th, Lawson of the 9th, Wall of the 61st and others:
A resolution creating the Gwinnett County Government Study Commission.
HR 406. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A resolution creating the Augusta-Richmond County Commission on Disadvantaged Youth.

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The House insists on its position in substituting the following bill of the Senate:
SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd and Coleman of the 1st: A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contri butions to or on behalf of the person holding office as Commissioner of Insurance.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1056. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd: A bill to amend an Act incorporating the City of Dalton, so as to provide for hearings and investigations by the governing body of the City of Dalton and the City of Dalton Public Safety Commission.
Referred to Committee on Urban and County Affairs.
HB 1057. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the method of selection of the members of the board.
Referred to Committee on Urban and County Affairs.
HB 1058. By Representative Greene of the 130th: A bill to amend an Act providing a new charter for the City of Cuthbert, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 1059. By Representatives Stephens of the 68th, Irwin of the 13th, Thurmond of the 67th and Clark of the 13th: A bill to amend an Act to create the Classic Center Authority for Clarke County, so as to change certain provisions relative to the membership of the authority.
Referred to Committee on Urban and County Affairs.
HB 1060. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th: A bill to repeal an Act providing for the registration and licensing of vehicles in Houston County during designated registration periods.
Referred to Committee on Urban and County Affairs.
HB 1061. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to authorize the board of commissioners of Houston County to supplement the salaries of the state probation officers and other probation personnel of the Houston Judicial Circuit. Referred to Committee on Urban and County Affairs.

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HB 1062. By Representatives Goodwin of the 63rd and Breedlove of the 60th:
A bill to amend an Act creating a new charter for the City of Norcross, so as to provide for staggered terms of office for members of the city council. Referred to Committee on Urban and County Affairs.
HB 1063. By Representative Ray of the 98th: A bill to amend an Act creating the board of commissioners for Peach County, so as to change the compensation of the board.
Referred to Committee on Urban and County Affairs.
HB 1064. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th: A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the judges of the recorder's court.
Referred to Committee on Urban and County Affairs.
HB 1065. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court.
Referred to Committee on Urban and County Affairs.
HB 1066. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th: A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to change the provisions relat ing to the supplement of the salary of each of the judges of the Superior Court of the Gwinnett Judicial Circuit.
Referred to Committee on Urban and County Affairs.
HB 1067. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Wall of the 61st and Mobley of the 64th:
A bill to provide for the compensation of the judge of the Juvenile Court of Gwinnett County. Referred to Committee on Urban and County Affairs.
HB 1075. By Representatives Padgett of the 86th, Connell of the 87th, Walker of the 85th and Cheeks of the 89th: A bill providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to change the title of the chairman and chairman-mayor; to increase the board of commissioners to 16 members.
Referred to Committee on Urban and County Affairs.
HB 1076. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to establish the "Clayton County Commission on Children and Youth" congruent and compatible with Chapter 5 of Title 49 of the Official Code of

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Georgia Annotated, which establishes and implements a state-wide Commission on Children and Youth.
Referred to Committee on Urban and County Affairs.

HR 405. By Representatives Goodwin of the 63rd, Mobley of the 64th, Breedlove of the 60th and others:
A resolution creating the Gwinnett County Government Study Commission. Referred to Committee on Urban and County Affairs.

HR 406. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th and others:
A resolution creating the Augusta-Richmond County Commission on Disadvantaged Youth.
Referred to Committee on Urban and County Affairs.

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

HB 810. By Representatives Johnson of the 123rd, Pannell of the 122nd, Robinson of the 96th and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to authorize counties and municipalities to repair, close, or demolish certain buildings or structures in which drug crimes are being committed; to define a certain term; to provide for county or municipal ordinances relating to certain buildings or structures in which drug crimes are being committed.
Senate Sponsor: Senator Scott of the 2nd.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Brannon Burton
Clay Collins Coverdell Deal Echols Engram

Harris Huggins Kennedy Kidd
Land Newbill Olmstead Parker Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Starr Stumbaugh Tate Turner Tysinger

Those not voting were Senators:

Albert Baldwin Barnes Bowen Broun Coleman Dawkins

Dean Edge English Fincher Foster Fuller Garner

Gillis Hammill Howard Johnson Langford McKenzie Peevy

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JOURNAL OF THE SENATE

Scott of 36th Shumake

Taylor Timmons

Walker

On the passage of the bill, the yeas were 30, nays 0.

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

The following resolution and bills of the Senate were taken up for the purpose of con sidering the House substitutes thereto:

SR 60. By Senators Land of the 16th, Stumbaugh of the 55th, Baldwin of the 29th and others:
A resolution creating the Joint Study Committee on Automobile Insurance Costs Containment.

The House substitute to SR 60 was as follows:

A RESOLUTION
Creating the Joint Study Committee on Motor Vehicle Insurance; and for other purposes.
WHEREAS, the average personal automobile insurance premium in Georgia continues to rise; and
WHEREAS, between 1982 and 1987, the Georgia motor vehicle insurance rates in creased substantially; and
WHEREAS, there has been a substantial number of legislative proposals introduced in the House of Representatives and the Senate which would impact the present statutory requirements relative to motor vehicle insurance in this state and such proposals address the following issues: changes in the method of rate making, freezes in motor vehicle insur ance rates, increases in the statutory minimum coverages, repeal of mandatory liability cov erage, prohibition of the stacking of benefits in motor vehicle insurance policies, revision of the tort threshold with regard to personal injury protection, and revision of the manner in which an undesirable risk is rated in a family type policy of motor vehicle insurance; and
WHEREAS, a comprehensive study needs to be undertaken to evaluate our present system of motor vehicle insurance and to determine the most effective way to contain the costs of personal automobile insurance in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Motor Vehicle Insurance which shall be composed of five members of the Senate to be appointed by the President thereof, who shall also designate one of those committee members as cochairperson, and five members of the House of Representatives to be appointed by the Speaker thereof, who shall also designate one of those committee members as cochairperson.
BE IT FURTHER RESOLVED that the joint committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The com mittee may conduct such meetings at such places and at such times as it may deem neces sary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the commit tee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any,

WEDNESDAY, MARCH 8, 1989

1909

such report shall be made on or before December 1, 1989. The committee shall stand abolished on December 1, 1989.

Senator Land of the 16th moved that the Senate agree to the House substitute to SR 60.

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes
Bowen B/annn |B,ru<rTton Collins Deal Dean Echols Engram

Fuller Gillis Harris
Huggins Kennedy KTLaidndd, McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd R0Scaoy,t,t of- ,,2nd, Starr Tate Taylor Turner Tysinger

Those not voting were Senators:

j

Albert

Barker

CDooalvweemkridfnensll.

Edge

English

Fincher Foster G,,Haamrnmeri.l..l Howard Johnson

Langford Scott of 36th SS_ htuummb,aakuegh, Timmons Walker

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 60.

SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.

The House substitute to SB 260 was as follows:

A BILL

To be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the appointment of the deputy commissioner; to provide for the authority of the Uniform Division of the Georgia State Patrol to close an interstate highway in an emergency situation; to repeal conflicting laws; and for other purposes.

;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

i

Section 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to

the Department of Public Safety, is amended by striking Code Section 35-2-7, relating to

i the appointment of the deputy commissioner of public safety and his term of office, rank,

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JOURNAL OF THE SENATE

duties, oath, and membership in the Uniform Division, in its entirety and inserting in lieu thereof a new Code Section 35-2-7 to read as follows:
"35-2-7. (a) The commissioner is vested with authority to appoint a deputy commis sioner of public safety, who shall have the rank of lieutenant colonel in the Uniform Divi sion of the department.
(b) The deputy commissioner may be a member of the Uniform Division of the depart ment and upon removal from office without prejudice he shall revert to the original rank in the Uniform Division which he held when he was appointed to office.
(c) His appointment shall be subject to confirmation by the board.
(d) The deputy commissioner shall perform such duties as he may be charged with by the commissioner, and in case of a vacancy shall act as commissioner until an appointment is made to fill the vacancy.
(e) The deputy commissioner shall take the same oath as that required of the commis sioner, which oath shall be administered by the commissioner."
Section 2. Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to the jurisdiction and duties of the Georgia State Patrol, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) Notwithstanding the provisions of Code Section 32-2-2, the Uniform Division of the Georgia State Patrol is authorized to close any road or a portion of any road or state highway system, including all national interstate and defense highways within the state, in the event of an emergency, whether natural or manmade, in order to safeguard the lives and property of the public. The commissioner of public safety shall promulgate rules and regula tions to implement this subsection."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Bowen of the 13th moved that the Senate disagree to the House substitute to SB 260.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 260.
SB 334. By Senator Tate of the 38th:
A bill to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
The House substitute to SB 334 was as follows:
A BILL
To be entitled an Act to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's adjusted gross income together with the adjusted gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act; to provide for other matters relative to the foregoing; to repeal specific laws; to provide for a referendum; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 8, 1989

1911

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each resident of the City of Atlanta and City of Atlanta School District who is 65 years of age or over or disabled is granted an exemption from all City of Atlanta and City of Atlanta School District ad valorem taxes in the amount of $10,000.00 on a homestead owned and occupied by such resident if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. As used in this subsection, the term "adjusted gross income" shall have the same meaning as defined in the United States Internal Revenue Code of 1986, except that for the purposes of this subsection the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Secur ity Act. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. The homestead exemption provided for in this Act shall not apply to any ad valorem taxes levied to pay interest on and retire bonded indebtedness.
(b) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, 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 person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age, or if disabled, the certificate or certificates re quired by subsection (b) of this section, and the amount of income which the person and the person's spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving such exemption as will enable the tax commis sioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
(d) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemptions, and the pro visions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affida vit and certificate or certificates, it shall not be necessary to make application and file the said affidavit and certificate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section.
(e) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to City of Atlanta or City of Atlanta School District ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1990.
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1990, 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 Fulton County. The ballot shall have written or printed thereon the words:

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JOURNAL OF THE SENATE

"[ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, but not ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's adjusted gross income, to gether with the adjusted gross income of the spouse residing at the same homestead, does not exceed the amount which may be received by a person and a person's spouse under the federal Social Security Act?"

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 immediately following that election date.

The expense of such election shall be borne by the City of Atlanta. It shall be the superintendent'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 Tate of the 38th moved that the Senate agree to the House substitute to SB 334.

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean

Echols Edge Engram Fuller Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford McKenzie Newbill

Those not voting were Senators:

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

Albert English
Fincher Foster

Garner Johnson
Pollard Shumake

Taylor Timmons Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 334.

WEDNESDAY, MARCH 8, 1989

1913

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

HB 600. By Representative Byrd of the 153rd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and lowvoltage contractors, so as to define the term "conditioned air subcontractor"; to provide that conditioned air subcontractors are not required to be licensed as conditioned air contractors under certain conditions.
Senate Sponsor: Senator Clay of the 37th.

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Broun Burton Clay /CC~, ooillleimnsan Coverdell
Dawkins Deal Dean Echols Edge

Engram Foster Fuller Garner Gillis Hammill YHHToarwriasrd Huggins
Johnson Kennedy Kidd Land Langford

McKenzie Newbill Olmstead Parker Perry Pollard .DRTaO&Hadnru^,. 10. th, ; Ra&an of 32nd
^av Scott of 2nd Scott of 36th Tate Taylor

Those not voting were Senators:

Albert Allgood (excused conferee) Bowen Brannon English

Fincher Peevy Phillips Shumake Starr (excused conferee)

Stumbaugh Timmons Turner (excused conferee) Tysinger Walker

On the passage of the bill, the yeas were 41, nays 0.

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

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 154. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; to provide an effective date.

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JOURNAL OF THE SENATE

The House substitute to SR 154 was as follows:
A RESOLUTION
Granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; granting a nonexclusive easement for relocation, construction, operation, and maintenance of an electric transmission line on, over, upon, and across property owned by the State of Georgia in Monroe County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in the 601st, 604th, and 607th Georgia militia districts of Taliaferro County, Georgia, which is in the custody of the Department of Natural Resources and is known as the Alexander H. Ste phens State Park; and
(2) Georgia Power Company how holds an easement for an electrical transmission line across Alexander H. Stephens State Park property; and
(3) Southern Bell Telephone and Telegraph Company desires to extend an underground fiber optic cable in, on, over, under, upon, across, and through a portion of said state owned property lying within the Georgia Power Company transmission line easement; and
(4) Southern Bell Telephone and Telegraph Company has reached agreement with Georgia Power Company for the use of the right of way of Georgia Power Company for running underground fiber optic cable; and
(5) The underground fiber optic cable in, on, over, under, upon, across, and through a portion of said property will be beneficial to the public and Southern Bell Telephone and Telegraph Company; and
WHEREAS:
(1) Georgia Power Company has also cooperated in the relocation of its existing trans mission line across the site of the Georgia Public Safety Training Center in Monroe County, Georgia; and
(2) The state is the owner of the site of the center, and in particular, the site of the relocated line, certain real property in Land Lots 104, 105, and 120 of the 6th Land District in Monroe County, Georgia, which is more particularly described on that certain plat of survey prepared by Georgia Power Company, Land Department, entitled Barnesville-Forsyth Transmission Line, Drawing No. N-315, dated March 1987; and
(3) Georgia Power Company holds certain easements for right of way from prior owners in regard to different locations within the training center site, and it is mutually beneficial to provide for the relocation by exchange of an easement from the State of Georgia in return for a quitclaim deed from Georgia Power Company.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE 1
Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Bell Telephone and Telegraph Company, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an under ground fiber optic cable in, on, over, under, upon, across, and through the easement area for the purpose of constructing, inspecting, replacing, repairing, maintaining, and operating an

WEDNESDAY, MARCH 8, 1989

1915

underground fiber optic cable, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes.
(c) That the said "easement area" is located in the 601st and 607th Georgia militia districts of Taliaferro County, Georgia, within an existing Georgia Power Company ease ment known as the Stevens Creek-Union Point Transmission Line right of way which crosses the north portion of the Alexander H. Stephens State Park for a distance of approxi mately 6,800 feet and is briefly described as being a 10 foot wide strip of land located within the boundaries of and adjacent to the northerly side of the above-referenced Georgia Power Company easement. Said "easement area" will be more particularly described by a plat of survey obtained by Southern Bell Telephone and Telegraph Company and presented to and approved by the State Properties Commission.
(d) That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating an un derground fiber optic cable.
(e) That Southern Bell Telephone and Telegraph Company shall not permit any person except Southern Bell Telephone and Telegraph Company employees, contractors, subcon tractors, and agents to enter upon the premises and then only for the purposes and to the extent contemplated in this resolution.
(f) That Southern Bell Telephone and Telegraph Company shall have the right to re move or cause to be removed from said "easement area" only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said underground fiber optic cable.
(g) That, after Southern Bell Telephone and Telegraph Company has constructed and put into use the fiber optic cable for which this easement is granted, a subsequent abandon ment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon aban donment, Southern Bell Telephone and Telegraph Company, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns.
(h) That no title shall be conveyed to Southern Bell Telephone and Telegraph Com pany and, except as herein specifically granted to Southern Bell Telephone and Telegraph Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detri mental to the rights, privileges, and interest granted to Southern Bell Telephone and Tele graph Company.
(i) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the ease ment area, Southern Bell Telephone and Telegraph Company shall remove or relocate its facilities at its sole cost and expense.
(j) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, to be furnished by purchaser, shall constitute an acceptable plat for filing.
(k) That the consideration for such easement shall be not less than the fair market value thereof plus $650.00 and the mutual benefit to the parties from the construction, oper ation, and maintenance of said fiber optic cable.

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JOURNAL OF THE SENATE

(1) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE 2
Section 2. (a) That the State of Georgia is the owner of certain real property in Land Lots 104, 105, and 120 of the 6th Land District in Monroe County, Georgia, which is more particularly described on that certain plat of survey prepared by Georgia Power Company, Land Department, entitled Barnesville-Forsyth Transmission Line, Drawing No. N-315, dated March 1987, hereinafter referred to as the "Training Center easement area," and that, in all matters relating to the Training Center easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, its successors and assigns, a nonexclusive easement for the relocation, construction, inspection, replacement, repair, maintenance, and operation of an overhead electric power transmission line on, over, upon, and across the Training Center easement area, together with such further terms and conditions as may be estab lished by the commission.
(c) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing to be furnished by Georgia Power Company shall constitute an acceptable plat for filing if approved by the commission.
(d) That the consideration for such easement shall be a quitclaim deed to the original site of the Georgia Public Safety Training Center from Georgia Power Company to the State of Georgia.
(e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE 3
Section 3. That this resolution shall become effective as law immediately upon its ap proval by the Governor or upon its becoming law without such approval.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

Senator Pollard of the 24th moved that the Senate agree to the House substitute to SR 154.

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge Engram Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Langford

McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake

WEDNESDAY, MARCH 8, 1989

1917

Stumbaugh Taylor

Tysinger

Walker

Those not voting were Senators:

Albert Allgood (excused conferee) Clay
English

Fincher Howard Starr (excused conferee)

Tate Timmons Turner (excused conferee)

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 154.

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

HB 432. By Representative Buford of the 103rd:
A bill to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for detection or apprehension of perpetrators of felonies, so as to authorize county and municipal governing authorities to offer rewards in fel ony cases.
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:

Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford

McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Taylor Timmons Tysinger Walker

Those not voting were Senators:

Albert

Scott of 2nd

Allgood (excused conferee) Starr (excused conferee)

Phillips

Stumbaugh

Tate Turner (excused conferee)

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

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

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JOURNAL OF THE SENATE

HB 743. By Representative McDonald of the 12th:
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 change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction.
Senate Sponsor: Senator Johnson of the 47th.

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell
Dawkins Deal Dean Echols

Engram Fincher Foster Fuller Gillis Hammill Harris Howard Johnson Kennedy Kidd
Land Langford McKenzie Newbill

Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh
Taylor Timmons Tysinger Walker

Those not voting were Senators:

Albert Allgood (excused conferee) Edge English

Garner Huggins Phillips Shumake

Starr (excused conferee) Tate Turner (excused conferee)

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

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

HB 341. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for written contracts in health spa transactions; to require certain contractual provisions; to provide for rights of cancellation under certain circumstances.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following substitute to HB 341:

A BILL To be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the

WEDNESDAY, MARCH 8, 1989

1919

Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for written contracts in health spa transactions; to require certain contractual provisions; to provide for rights of cancellation under certain circum stances; to provide procedures for cancellation; to provide for certain notices to be included in health spa membership contracts; to provide for refunds; to delete certain bonding re quirements; to provide for the meeting of certain conditions prior to a health spa's entering into an agreement with a consumer; to provide exceptions; to provide for review of health spa membership contracts by the administrator; 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. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," is amended by striking paragraph (12) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, in its entirety and inserting in its place a new paragraph (12) to read as follows:
"(12) Failing to comply with the provisions of Code Section 10-1-393.2 concerning health spas."
Section 2. Said part is further amended by adding immediately following Code Section 10-1-393.1, relating to office supply transactions, a new Code section to be designated Code Section 10-1-393.2, to read as follows:
"10-1-393.2. (a) Health spas shall comply with the provisions of this Code section;
(b) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution and which shall show the date of the transaction and the name and address of the seller; provided, however, that no contract shall be valid which has a term in excess of 36 months. Contracts may be renewable at the end of each 36 month period of time at the option of both parties to the contract;
(c) The contract or an attachment thereto shall state clearly any rules and regulations of the seller which are applicable to the consumer's use of the facilities or receipt of its services;
(d) The contract shall state clearly on its face the cancellation and refund policies of the seller;
(e) The health spa member shall have the right to cancel the contract within seven business days after the date of the signing of the contract by notifying the seller in writing of such intent and by either mailing the notice before 12:00 Midnight of the seventh busi ness day after the date of the signing of the contract or by hand delivering the notice of cancellation to the health spa before 12:00 Midnight of the seventh business day following the date of the signing of the contract. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer. If the health spa member so cancels, any payments made under the contract will be refunded and any evidence of indebtedness executed by the health spa member will be canceled by the seller, provided that the member shall be liable for the fair market value of services actually received, which in no event shall exceed $100.00. The preparation of any documents shall not be construed to be services; provided, however, that any documents prepared which are merely ancillary to services which are ac tually rendered shall not prevent the health spa from charging for such services actually rendered up to the limits specified in this subsection. Each health spa contract shall contain the following paragraphs separated from all other paragraphs:
'You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the following address:

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JOURNAL OF THE SENATE

Name of health spa
Address
City, State, ZIP Code
Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined through or that it is otherwise indicated that you have not selected these options. It is recommended that you send your cancellation notice by registered or certified mail, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa, acknowledging your cancellation.
To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight on ----------------------------, 19_, and must include all contract forms, mem bership cards, and any and all other documents and evidence of membership previously delivered to you.'
The health spa shall fill in the blank spaces in the above paragraph before the consumer signs the contract. In the event a consumer fails to provide with the cancellation notice all contract forms, membership cards, and any and all other documents and evidence of mem bership previously delivered, the health spa shall either cancel the contract or provide writ ten notice by certified mail to the consumer that such documents must be provided within 30 days in order for the cancellation to be effective. In the event that the consumer provides the documents within 30 days, the contract shall be canceled as of the date on which the cancellation notice was delivered; provided, however, that should the consumer continue to use the facilities or services during the 30 day period, the cancellation shall be effective on the first business day following the last day on which the consumer uses the facilities or services.
(f) In the event a health spa no longer offers a substantial service which was offered at the time of the initiation of the contract, or in the event a health spa which previously limited its membership to members of one sex should become coeducational or one which was previously coeducational should become limited to members of one sex, the member shall have 30 days from the time the member knew or should have known of the change to cancel the remainder of the membership and receive a refund. The refund shall be calcu lated by dividing the total cost of the membership by the total number of months under the membership and refunding the monthly cost for any months or fractions of months remain ing under the membership. The contract shall contain a clause in at lease ten-point boldface type which reads as follows:
'You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex and vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail, return receipt requested.'
The provisions of this subsection shall not apply in any instance where a court has ordered that a change be made in the sexual character of the health spa. The administrator is au thorized upon petition to issue a declaratory ruling under Code Section 50-13-11 as to whether any planned change in a health spa is a substantial change or whether alternate locations are substantially similar under this Code section. Such declaratory rulings shall be subject to review as under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(g) Every contract for health spa services shall contain a clause providing that if the member becomes totally and permanently disabled during the membership term, he may

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cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. This amount shall be computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. For purposes of this sub section, 'total and permanent disability' means a condition which has existed or will exist for more than 45 days and which will prevent the member from using the facility to the same extent as the member used it before commencement of the condition.
(h) The health spa contract shall state that if a consumer has a history of heart disease, he should consult a physician before joining a spa.
(i) Every health spa contract shall comply with either paragraph (1) or paragraph (2) of this subsection:
(1) (A) The written contract used shall contain the following clause: 'Under this con tract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the con tract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.'
(B) All payments due under the contract must be in equal monthly installments spread over the entire term of the contract.
(C) There can be no payments of any type, including but not limited to, down pay ments, enrollment fees, membership fees, or any other direct payment to the health spa, other than the equal monthly installment payments.
(D) There can be no complimentary, compensatory, or other extensions of the term incident to the term of the contract, including but not limited to a promise of lifetime re newal for a minimal annual fee, provided that an agreement of both parties to extend the term of the contract to compensate for time during which the member could not fully utilize the spa due to a temporary physical or medical condition arising after the member joined shall not be considered to bring the spa into noncompliance under this paragraph; or
(2) (A) The written contract used shall contain the following clause: 'Under this con tract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the con tract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.'
(B) The written contract shall contain the following statement in boldface type which is larger and bolder than any other type which is in the contract and in at least 14 point boldface, which statement must be separately signed by the consumer:
'NOTICE
State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and there may be no other protections provided to you should you choose to pay in advance.'
(j) An alternate location for a health spa shall not be considered substantially similar if:
(1) The original facility was limited to use by members of one sex and the alternate facility is used by members of both sexes;
(2) The original facility was for use by members of both sexes and the alternate facil ity's use is limited to members of one sex; or
(3) The size, facilities, equipment, or services available to the member at the alternate location are not substantially equal to or do not exceed the size, facilities, equipment, or

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services available to the member at the health spa location at which the contract was en tered into.
(k) Every contract for health spa services shall contain a clause providing that if the member dies during the membership term or any renewal term, his or her estate may cancel the contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the num ber of months expired under the membership term. The contract may require the member's estate seeking relief under this subsection to provide reasonable proof of death.
(1) (1) A health spa shall not enter or offer to enter into a health spa agreement with a consumer unless the health spa is fully operational and available for use.
(2) For purposes of this subsection, 'fully operational and available for use' means that all of the facilities, equipment, or services which are promised at the time of entering into the membership contract are operational and available for use at that time. Nothing con tained in this subsection shall be construed to prohibit a health spa from selling a member ship for existing services and facilities at a location under construction which can be con verted at a later date to a membership for additional services and facilities, provided that:
(A) The additional services and facilities are fully operational and available for use at the time of the conversion;
(B) Additional consideration, other than just a nominal consideration, is required from the consumer under the terms of the conversion; and
(C) The member has until seven days following the date the additional consideration or a part of the additional consideration becomes due and owing to cancel the remainder of the contract and receive a refund computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months remaining under the membership term.
(3) The provisions of this subsection shall not apply if all of the following conditions are met:
(A) The health spa has submitted forms prescribed by the administrator requiring, in addition to whatever other information the administrator may require, as much detail as to the size, facilities, equipment, or services to be provided as the administrator may require;
(B) The health spa has obtained the approval in writing of the administrator to sell memberships to a health spa before it is fully operational and available for use;
(C) The health spa has agreed in writing with the administrator, on forms prescribed by the administrator, to deposit all funds obtained by selling memberships before a health spa is fully operational and available for use in a single account in a bank or trust company domiciled in the State of Georgia. Such deposits are to be held in safekeeping for release only upon authorization of the administrator. The bank or trust company must be approved by the administrator. The administrator may consult with the commissioner of banking and finance or with any of the employees of the commissioner of banking and finance regarding whether the bank or trust company should be approved and may disapprove the bank or trust company if he has reason to believe any deposits into the account might not be secure;
(D) Each deposit to the single account established under this paragraph shall be identi fied by the name and address of the individual who purchased the membership. The bank or trust company and the health spa shall maintain a list of the deposits, their amount, and the name and address of the membership purchaser, which list shall be available to the administrator or for inspection or copying by the administrator's employees upon request;
(E) The condition of the account established under this paragraph shall be that no funds shall be released from the account to any person unless the administrator has certified in writing to the bank or trust company that either the health spa is fully operational and available for use or that the health spa has not complied and does not appear likely to

WEDNESDAY, MARCH 8, 1989

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comply with its obligation to make the health spa fully operational and available for use in accordance with the documents submitted to the administrator or in accordance with repre sentations made to membership purchasers. No action may be maintained in any court against the administrator or any of his employees for any determination or as a consequence of any determination made by the administrator under this subparagraph unless the admin istrator's determination was a willful and wanton abuse of discretion given the facts and circumstances actually provided to the administrator in making this determination;
(F) If the administrator certifies to the bank or trust company that the health spa is fully operational and available for use, then the funds in the account shall be released to the health spa, along with any accrued interest. If the administrator certifies to the bank or trust company that the health spa has not complied and does not appear likely to comply with its obligation to make the health spa fully operational and available for use, then the funds in the account shall be released to the administrator on behalf of the individuals who purchased memberships prior to the health spa's being fully operational and available for use. Any accrued interest on the account shall be paid on a pro rata basis to the member ship purchasers;
(G) Any costs imposed by the bank or trust company for administering the account shall be borne by the health spa; and
(H) The member shall have until seven business days following the date upon which the health spa becomes fully operational and available for use to cancel the contract and receive a full refund of any payments and the cancellation of any evidence of indebtedness, pro vided that the member shall be liable for the fair market value of any services actually received, which in no event shall exceed $50.00. The preparation of any documents shall not be construed to be services; provided, however, that all documents prepared which are merely ancillary to services which are actually rendered shall not prevent the health spa from charging for such services actually rendered up to the limits specified in this subparagraph.
(m) All moneys due the consumer under contracts canceled for the reasons contained in this Code section shall be refunded within 30 days of receipt of such notice of cancellation. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer, except in the case of a deceased member. In the event a consumer fails to provide with the cancella tion notice all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered, the health spa shall either cancel the contract or provide written notice by certified mail to the consumer that such documents must be provided within 30 days in order for the cancellation to be effective. In the event that the consumer provides the documents within 30 days, the contract shall be canceled as of the date on which the cancellation notice was delivered; provided, however, that should the con sumer continue to use the facilities or services during the 30 day period, the cancellation shall be effective on the first business day following the last day on which the consumer uses the facility or services.
(n) Any contract which does not comply with this Code section shall be void and unen forceable; no purchaser of any note associated with or contained in any health spa contract shall make any attempt to collect on the note or to report the buyer as delinquent to any consumer reporting or consumer credit reporting agency if there has been any violation by the health spa of subsections (b) through (m) or of subsection (o) of this Code section. Any attempt by any purchaser or by any agent of any purchaser to collect on the note or to report the buyer as delinquent as described in this subsection shall be considered an unfair and deceptive act or practice as provided in Code Section 10-1-393.
(o) After November 15, 1989, no health spa contract shall be valid or enforceable unless the health spa operator has on file a statement signed by the administrator or his designee certifying that a copy of the contract is on file with the administrator and is in compliance with this part. Health spas may begin submitting a copy of their contract for approval by the administrator on July 1, 1989, and shall submit all contract changes thereafter for ap-

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proval prior to entering or offering to enter into that contract with a consumer. In addition to any action which may be taken by the administrator under this part, and in addition to any recovery of a consumer in the private action provided for under this part, any consumer who has entered into a contract which has not been approved by the administrator prior to the date of the contract shall be entitled to recover as an additional penalty an amount equal to any amount paid plus any amount claimed owing on the contract.
(p) In addition to any other penalties provided for in this part, any person who operates or aids or assists in the operation of a health spa in violation of any of the provisions of subsection (i) or (o) of this Code section shall be guilty of a misdemeanor. Each day of operation of a health spa in violation of subsection (i) or (o) shall be considered a separate and distinct violation. In addition to any other penalties provided in this part, any person who violates subsection (1) of this Code section shall be guilty of a felony. Each sale of a membership in violation of subsection (1) of this Code section shall be considered a separate and distinct violation. Each failure to place properly all of the funds generated from a par ticular membership agreement into a properly approved and established trust account shall be considered a separate and distinct violation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor Timmons Tysinger

Those not voting were Senators:

Albert

Kidd

Allgood (excused conferee) McKenzie

Edge

Starr (excused conferee)

Tate Turner (excused conferee) 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.

WEDNESDAY, MARCH 8, 1989

1925

HB 207. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 33-30-4 of the Official Code of Georgia Annotated, relating to required provisions in group accident and sickness policies generally, so as to require group policies of accident and sickness insurance to contain a provision entitling the policyholder to a grace period for the payment of any pre mium except the first premium.
Senate Sponsor: Senator Land of the 16th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun
Clay CCoollleimnsan Coverdell Deal Dean Echols Edge Engram

Fincher Foster Fuller Garner Gillis Hammill
Hams Howard JHouhgngsionns
Kennedy Kidd Land
Langford McKenzie Newbill

Parker Peevy Perry Phillips Pollard R of 1Qth

RR

f

Scaoytt of 2nd

Scott of 36th

Shumake

Stumbaugh

Taylor

Timmons

Tysinger

Those not voting were Senators:

Allgood (excused conferee) English

Barker

Olmstead

Dawkins

Starr (excused conferee)

Tate Turner (excused conferee) Walker

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

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

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

HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th and others:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.

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Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 209.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 209.

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

HB 813. By Representatives Ware of the 77th, Groover of the 99th, Robinson of the 96th 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 for an impact assessment of mandatory accident and sickness insurance coverage; to provide for a short title.
Senate Sponsor: Senator Taylor of the 12th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge Engram

Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) English

Brannon

Garner

Dawkins

Olmstead

Starr (excused conferee) Turner (excused conferee)

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

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

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

SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so

WEDNESDAY, MARCH 8, 1989

1927

as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.
Senator Garner of the 30th moved that the Senate adhere to its disagreement to the House substitute to SB 257, and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 257.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Garner of the 30th, Kennedy of the 4th and Kidd of the 25th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 233. By Senator Baldwin of the 29th:
A bill to amend Code Section 33-13-3 of the Official Code of Georgia Annotated, relating to acquisition of control of or merger with a domestic insurer, so as to require an acquiring party to file with the Commissioner of Insurance financial statements certified by a certified public accountant as to the earnings and finan cial condition of such party.
The House substitute to SB 233 was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require, with regard to the acquisition of control of or merger with a domestic insurer, an acquiring party to file with the Commissioner of Insurance fi nancial statements containing independent fully audited financial information as to the earnings and financial condition of such party; to eliminate certain exemptions from the acquisition filing and approval process; to provide what shall be considered a covered claim for unearned premium under the Georgia Insurers Insolvency Pool; to provide exclusions to the definition of property and casualty insurance as related to such pool; to provide that such pool as a legal entity and any of its individual members shall have no cause of action against an insured of an insolvent insurer for sums paid by the pool; to provide for reduc tion of claims recoverable from similar funds in other states; to provide that a claim filed with such pool, ancillary receiver, or liquidator after a date set by the court shall not be considered a covered claim; to prohibit the entering of a default judgment against such pool; to provide for exhaustion of rights under insurance policies and for reductions of amounts recoverable against such pool; to prohibit references to membership in such pool in adver tisements for insurance; to provide 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 33-13-3, relating to acquisition of control of or merger with a domestic insurer, and inserting in its place a new paragraph (3) to read as follows:
"(3) Financial statements containing independent fully audited financial information as to the earnings and financial condition of each acquiring party for the preceding five fiscal years of each acquiring party or for any lesser period as the acquiring party and any prede cessors of acquiring party shall have been in existence and similar unaudited information as of a date not earlier than 90 days prior to the filing of the statement;".

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Section 2. Said title is further amended by striking in its entirety subsection (h) of Code Section 33-13-3, relating to acquisition of control of or merger with a domestic insurer, and inserting in its place a new subsection (h) to read as follows:
"(h) This Code section shall not apply to any offer, request, invitation, agreement, or acquisition which the Commissioner by order shall exempt from this Code section as not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer or as otherwise not comprehended within the purposes of this Code section."
Section 3. Said title is further amended by adding at the end of paragraph (2) of Code Section 33-36-3, relating to definitions relative to the Georgia Insurers Insolvency Pool, a new subparagraph (I) to read as follows:
"(I) A covered claim shall include a claim for unearned premium only if such claim derives from the payment of a stated premium and shall not include those which derive from an unstated premium such as calculated from audit, dividend, deposit, or retrospect plans. A covered claim shall not include a claim for unearned premium resulting from a policy which was not in force on the date of the final order of liquidation."
Section 4. Said title is further amended by striking paragraph (7) of Code Section 3336-3, relating to definitions relative to the Georgia Insurers Insolvency Pool, and inserting in its place a new paragraph (7) to read as follows:
"(7) 'Property and casualty insurance policies' or 'policy' means any contract, including endorsements to such contract and without regard to the nature or form of the contract or endorsement, which provides coverages as enumerated in Code Sections 33-7-3 and 33-7-6, except:
(A) Life insurance and annuities (being that class of insurance referred to in Code Sec tion 33-7-4);
(B) Accident, health, and disability insurance except where written as part of an auto mobile insurance contract (being that class of insurance referred to in Code Section 33-7-2);
(C) Title insurance (being that class of insurance referred to in Code Section 33-7-8);
(D) Credit life insurance (being that class of insurance referred to in paragraph (2) of Code Section 33-31-1);
(E) Credit insurance (being that class of insurance referred to in paragraph (8) of Code Section 33-7-3);
(F) Mortgage guaranty, financial guaranty, or other forms of insurance offering protec tion against investment risks;
(G) Fidelity surety bonds or any other bonding obligations;
(H) Insurance of warranties or service contracts;
(I) Ocean marine insurance; or
(J) Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the trans fer of investment or credit risk unaccompanied by the transfer of insurance risk."
Section 5. Said title is further amended by striking subsection (d) of Code Section 3336-6, relating to the adoption by the Georgia Insurers Insolvency Pool of a plan to govern members and rights of the pool and of claimants, and inserting in its place a new subsection (d) to read as follows:
"(d) The pool as a legal entity and any of its individual members shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out. The pool shall be subrogated to the rights of any insured or claimant, to the extent of a covered claim, to participate in the distribution of assets of the insolvent insurer to the extent that the pool has made payment. Any claimant or insured entitled to the benefits of this chapter

WEDNESDAY, MARCH 8, 1989

1929

shall be deemed to have assigned to the pool, to the extent of any payment received, his rights against the estate of the insolvent insurer. The pool shall receive the benefit of any reinsurance contracts or treaties entered into by the insolvent insurer which cover any of the liabilities insured by the insolvent insurer with respect to covered claims. After determina tion of insolvency of any insurer, the pool shall be a party in interest in all proceedings involving policies insured or assumed by the pool with the same rights to receive notice and defend, appeal, and review as the insolvent insurer would have had if solvent. All moneys recovered under this Code section or any other Code section shall be added to the assess ments collected under Code Section 33-36-7."
Section 6. Said title is further amended by striking Code Section 33-36-10, relating to the recovery of covered claims recoverable under the insolvency funds of other states, and inserting in its place a new Code Section 33-36-10 to read as follows:
"33-36-10. (a) It is not the purpose of this chapter to provide or permit duplicate recov eries of covered claims under this chapter and an insolvency fund or its equivalent of any other state. In the construction and application of this chapter with respect to a covered claim which may be recoverable under this chapter and under an insolvency fund or its equivalent in another state, the sole recovery: (1) with respect to a workers' compensation claim, shall be under the insolvency fund or its equivalent of the state of residence of the claimant; (2) with respect to a first-party claim of an insured for damage to or destruction of property with a permanent location, shall be under the insolvency fund or its equivalent of the state where the property is permanently situated; and (3) with respect to any other covered claim, shall be under the insolvency fund or its equivalent of the state of residence of the insured.
(b) Any recovery obtained from the pool pursuant to this chapter shall be reduced by those amounts recovered in any other state from a similar or equivalent insolvency fund in such state when the recovery was obtained by the same claimant for the same claim filed against the pool in this state."
Section 7. Said title is further amended by striking Code Section 33-36-11, relating to the procedure for proof and allowance of covered claims under the Georgia Insurers Insol vency Pool, and inserting in its place a new Code Section 33-36-11 to read as follows:
"33-36-11. (a) Except for (1) voluntary settlements or compromises between a claimant and an assignee-insurer on behalf of the pool or (2) a final judgment, other than a default judgment, against the insured or insurer in a court of competent jurisdiction rendered prior to the determination of insolvency of the insurer, the proof and allowance of a covered claim shall be governed by Code Sections 33-37-44 and 33-37-45; provided, however, in no case shall a covered claim include any claim filed with the pool, ancillary receiver, or liquidator after the final date set by a court for the filing of claims against the liquidator or ancillary receiver of an insolvent insurer.
(b) The pool may not be found in default. No default judgments may be entered against the pool, the insolvent insurer, or the insured of the insolvent insurer after the instigation of an insolvency proceeding prior to a finding of insolvency, nor during the pendency of insol vency proceedings, nor during a 120 day stay following a finding of insolvency.
(c) In no instance may a finding of default or the entry of a default judgment against an insurer be applicable or enforceable against the pool or the insured of the insolvent insurer."
Section 8. Said title is further amended by striking subsection (a) of Code Section 3336-14, relating to the requirement of exhaustion of rights under insurance policies prior to recovery from the Georgia Insurers Insolvency Pool, and inserting in its place a new subsec tion (a) to read as follows:
"(a) Any person, including any individual, partnership, association, or corporation, hav ing a claim against a policy or an insured under a policy issued by an insolvent insurer, which claim is a covered claim and is also a claim within the coverage of any policy issued by a solvent insurer, shall be required to exhaust first his rights under such policy issued by the solvent insurer. The policy of the solvent insurer shall be treated as primary coverage

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and the policy of the insolvent insurer shall be treated as secondary coverage and his rights to recover such claim under this chapter shall be reduced by any amounts received from the solvent insurers."
Section 9. Said title is further amended by adding after Code Section 33-36-18, relating to appeals to the Commissioner, a new Code section to be designated Code Section 33-36-19 to read as follows:
"33-36-19. (a) No person, including an insurer or agent or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indi rectly to be made, published, disseminated, circulated, or placed before the public in any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet, letter, or poster; over any radio station or television station; or in any other way any advertise ment, announcement, or statement which uses the existence of the pool for the purposes of sales, solicitation, or inducement to purchase any form of insurance covered by this chapter. This Code section shall not apply to the pool or any other entity which does not sell or solicit insurance.
(b) Any person who violates subsection (a) of this Code section may, after notice and hearing and upon order of the Commissioner, be subject to one or both of the following:
(1) A monetary penalty of not more than $1,000.00 for each act or violation, but not to exceed an aggregate penalty of $10,000.00; or
(2) Suspension or revocation of his license or certificate of authority."
Section 10. This Act shall become effective upon its approval by the governor or upon its becoming law without such approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Baldwin of the 29th moved that the Senate agree to the House substitute to SB 233.

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Brannon roun
Burton
CC~ oo,llyleimnsan Coverdell Dawkins rjeai Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis
Hammill
H,,Hoarwriasrd, Huggins Johnson Kennedy Kidd Land Langford McKenzie

Newbill Olmstead Parker Perry Phillips Pollard
Ragan of 10th
DRRaaygan of 32nd Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Tysinger

Those not voting were Senators:

Allgood (excused conferee) Shumake

Barnes

Starr (excused conferee)

Peevy

Turner (excused conferee) Walker

WEDNESDAY, MARCH 8, 1989

1931

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 233.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1068. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Wall of the 61st, Lawson of the 9th and others: A bill to repeal an Act providing that the governing authority of Gwinnett County shall determine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 396. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Clark of the 20th, Aiken of the 21st, Gresham of the 21st and others: A resolution creating the Joint Method of Appointment of Members of the Hos pital Authority of Cobb County Study Committee.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 340. By Senators Barnes of the 33rd, Newbill of the 56th, Clay of the 37th and others: A bill to provide for the Marietta-Cobb 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 proper to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances.
SB 216. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th: A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses to testify, so as to redefine what persons are competent and compellable to testify in the courts and tribunals of this state and provide for determinations of credibility; to repeal specifically Code Section 24-9-5, relating to competency of persons without use of reason.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provi sions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.

1932

JOURNAL OF THE SENATE

The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 128. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A resolution creating the Joint West Point Lake Study Committee.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd, Crawford of the 5th, Davis of the 72nd and others: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 234. By Senator Baldwin of the 29th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," so as to provide for un fair trade practices with regard to medicare supplement insurance; to provide for editorial revision; to provide for definitions; to provide for applicability; to pro vide standards for provisions of medicare supplement insurance policies.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd, Coleman of the 1st, Foster of the 50th and Land of the 16th: A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contri butions to or on behalf of the person holding office as Commissioner of Insurance.
Senator Stumbaugh of the 55th moved that the Senate adhere to its disagreement to the House substitute to SB 30, and that a Conference Committee be appointed.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 30.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Stumbaugh of the 55th, Kidd of the 25th and Allgood of the 22nd.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 129. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites,

WEDNESDAY, MARCH 8, 1989

1933

and recreational areas, so as to provide for reduced fees for the use of occupancy of such facilities by disabled veterans.
Senate Sponsors: Senators Turner of the 8th and Gillis of the 20th.
The Senate Committee on Natural Resources offered the following substitute to HB 129:
A BILL
To be entitled an Act to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, so as to provide for reduced fees for the use or occupancy of such facilities by disabled veterans; to provide for definitions; to provide for other matters rela tive to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, is amended by adding immediately following Code Section 12-3-9 a new Code Section 12-39.1 to read as follows:
"12-3-9.1. (a) As used in this Code section, the term:
(1) 'Disabled veteran' means a veteran discharged under honorable conditions from any branch of the armed forces of the United States who has a physical disability which was incurred during the period of service in the armed forces and who is a resident of the State of Georgia.
(2) 'Fee' means the charge or fee established by the Board of Natural Resources for the use or occupancy of any state park, historic site, or recreational area and specifically in cludes, but is not limited to, entrance or admittance fees, rental fees for cabins or other overnight lodgings, rental fees for campsites, and fees for the use of golf courses or other recreational facilities.
(b) Any disabled veteran may apply to the commissioner of veterans service for certifi cation as a disabled veteran as defined by paragraph (1) of subsection (a) of this Code sec tion. The commissioner of veterans service is authorized and directed to certify such appli cants as disabled veterans and to issue to such applicants such proof of certification as the commissioner finds appropriate. The commissioner of veterans service may by rule or regu lation require such documentation as may be necessary to certify disabled veterans as pro vided in this subsection.
(c) Any disabled veteran who is certified as such by the commissioner of veterans ser vice as provided in subsection (b) of this Code section shall be granted a discount of 25 percent of the fee otherwise applicable at any state park, historic site, or recreational area operated by or pursuant to the authority of the Department of Natural Resources or any division or other agency of said department.
(d) The discount provided for in subsection (c) of this Code section:
(1) Shall apply to rental fees for cabins, campsites, or other overnight accommodations for the disabled veteran and members of the disabled veteran's immediate family who oc cupy the overnight accommodations with the disabled veteran; and
(2) Shall not apply to rental or use fees for any group facilities or accommodations."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

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JOURNAL OF THE SENATE

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 Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Kennedy Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Walker

Those not voting were Senators:

Allgood (excused conferee) Baldwin Barker Coleman

Howard Johnson McKenzie Shumake

Starr (excused conferee) Turner (excused conferee) Tysinger

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

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

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

HB 590. By Representatives Thompson of the 20th and Simpson of the 70th:
A bill to amend Code Section 17-6-2 of the Official Code of Georgia Annotated, relating to acceptance of bail in misdemeanor cases generally, so as to provide for the acceptance of chauffeur's or driver's licenses and acknowledgments and agreements relating thereto in lieu of bail in certain misdemeanor cases and pro vide for conditions and procedures relating thereto.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 590 by striking from line 24 on page 1 the word "three" and inserting in lieu thereof the word "five".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

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

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

WEDNESDAY, MARCH 8, 1989

1935

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Coverdell Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate
Taylor Timmons Turner Walker

Those not voting were Senators:

Brannon Coleman Dawkins

Johnson Kennedy (presiding) Shumake

Starr (excused conferee) Tysinger

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

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

HB 616. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, so as to change the provisions relative to the tolling of sentences.
Senate Sponsor: Senator Garner of the 30th.

The Senate Committee on Corrections offered the following substitute to HB 616:

A BILL
To be entitled an Act to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, so as to provide additional circumstances under which the running of a probated sentence shall be suspended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Any other provision of this article to the contrary notwithstanding, it shall be the duty of a probationer, as a condition of probation, to keep his probation supervisor informed as to his residence. Upon the recommendation of the probation supervisor, the court may also require, as a condition of probation and under such terms as the court deems advisable, that the probationer keep the probation supervisor informed as to his wherea bouts. The failure of a probationer to report to his probation supervisor as directed or a

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JOURNAL OF THE SENATE

return of non est inventus or other return to a warrant, for the violation of the terms and conditions of probation, that the probationer cannot be found in the county that appears from the records of the probation supervisor to be the probationer's county of residence shall automatically suspend the running of the probated sentence until the probationer shall personally report to the probation supervisor, is taken into custody in this state, or is other wise available to the court; and such period of time shall not be included in computing creditable time served on probation or as any part of the time that the probationer was sentenced to serve. The effective date of the tolling of the sentence shall be the date that the officer returns the warrant showing non est inventus. Any officer authorized by law to issue or serve warrants may return the warrant for the absconded probationer showing non est inventus.
(2) In addition to the provisions of paragraph (1) of this subsection, if the probation supervisor submits an affidavit to the court stating that a probationer has absconded and cannot be found, the running of the probated sentence shall be suspended effective on the date such affidavit is submitted to the court and continuing until the probationer shall per sonally report to the probation supervisor, is taken into custody in this state, or is otherwise available to the court."
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 Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie

Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Kennedy (presiding)

Scott of 2nd Shumake Starr (excused conferee)

Stumbaugh Taylor

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

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

WEDNESDAY, MARCH 8, 1989

1937

HB 608. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public school employees' health insurance plan, so as to change the definition of the term "public school employee"; to provide that coverage available under the public school employees' health insurance plan shall be subordinated to the coverage available to retired or retiring public school employees.
Sseennate Ssppoonsor: Sseennator Btsarnes orf the 33rd.

TThheereport 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
*BClruaT ryton Coleman
Collins Coverdell
Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Fuller
SHHlaalmrllrsims i.l.l. Howard
Huggins Johnson
Kidd Land Langford McKenzie

Newbill Olmstead Parker Peevy Perry ph;lli
,RP-,oallaanrd{,, inr,t,,h, Ra&an of 32nd
Kav Scott of 36th
Tate Timmons Turner Tysinger

Those not voting were Senators:

Barker Garner Kennedy (presiding)

Scott of 2nd

Stumbaugh

Shumake

Taylor

Starr (excused conferee) Walker

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

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

HB 962. By Representatives Richardson of the 52nd, Redding of the 50th, Oliver of the 53rd and others:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the annexation of areas furnished services or included in the compre hensive zoning plans of certain counties, so as to change the provisions specifying the applicability of Code Section 36-36-70.
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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal
Echols Edge

English Engram Fincher Foster Fuller Hammill Harris Howard Muggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake
Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Dean.

Those not voting were Senators:

Allgood Garner Gillis

Kennedy (presiding) Scott of 2nd

Starr (excused conferee) Stumbaugh

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

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

The following bill and resolution of the House were read the first time and referred to committee:

HB 1068. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th and others:
A bill to repeal an Act providing that the governing authority of Gwinnett County shall determine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County.
Referred to Committee on Urban and County Affairs.

HR 396. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Clark of the 20th and others:
A resolution creating the Joint Method of Appointment of Members of the Hos pital Authority of Cobb County Study Committee.
Referred to Committee on Urban and County Affairs.

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

HB 836. By Representative Martin of the 26th:
A bill to repeal an Act providing for a board of elections in each county of this state having a population of more than 500,000 according to the 1960 United

WEDNESDAY, MARCH 8, 1989

1939

States decennial census and any future such census; to provide a conditional ef fective date.
Senate Sponsor: Senator Langford of the 35th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Hammill
Harris Howard Huggins Johnson Kidd Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Coleman Coverdell Dawkins Gillis

Kennedy (presiding) Land Langford McKenzie

Scott of 36th Starr (excused conferee) Tate Walker

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

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

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 128. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A resolution creating the Joint West Point Lake Study Committee.

The House amendment was as follows:

Amend SR 128 by striking the word "ten" on line 12, page 2, and adding in lieu thereof the word "five".

Senator Edge of the 28th moved that the Senate agree to the House amendment to SR 128.

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon BBruorutonn Clay Coleman
Collins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis HHaamrrims ill Howard Johnson
Kidd Langford McKenzie Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 32nd ^ 0^co.l.t. ,f, 02nd, f umake Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Coverdell Dawkins Fuller

Huggins Kennedy (presiding) Land Newbill

Ragan of 10th Scott of 36th Starr (excused conferee) Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 128.

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

HB 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.

Senator Baldwin of the 29th moved that the Senate insist upon the Senate substitute to HB 719.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 719.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 261. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, so as to change the provisions relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance; to change certain provisions relating to shopping centers and malls.

The House substitute to SB 261 was as follows:

A BILL To be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia

WEDNESDAY, MARCH 8, 1989

1941

Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, so as to change the provisions relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance; to change certain provisions relating to shopping centers and malls; to change certain provi sions relating to rules and regulations; to change the provisions relating to compliance of existing and proposed buildings and structures which present special hazards to persons or property with minimum fire safety standards; to provide for safety standards of certain elec trical requirements; to authorize the Safety Fire Commissioner or his delegate or other au thorized persons to obtain inspection warrants in order to search and inspect certain prop erty; to provide for the issuance of inspection warrants and the grounds therefor; to provide for the contents of inspection warrants; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, is amended by striking in its entirety subparagraph (b)(l)(H) of Code Section 25-2-13, relating to build ings presenting special hazards to persons or property and requiring special standards of construction and maintenance, and inserting in lieu thereof a new subparagraph (b)(l)(H) to read as follows:
"(H) Department stores and retail mercantile establishments having a gross floor area of 25,000 square feet on any one floor or having three or more floors that are open to the public. For purposes of this subparagraph, shopping centers and malls shall be assessed upon the basis of the entire area covered by the same roof or sharing common walls; pro vided, however, that nothing in this Code section shall apply to single-story malls or shop ping centers subdivided into areas of less than 25,000 square feet by a wall or walls with a two-hour fire resistance rating and where there are unobstructed exit doors in the front and rear of every such individual occupancy which open directly to the outside;".
Section 2. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) All rules and regulations promulgated before April 1, 1968, by the Commissioner or the state fire marshal and the minimum fire safety standards adopted therein shall remain in full force and effect where applicable until such time as they are amended by the appro priate authority."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 25-2-14.1, relating to compliance of existing and proposed buildings and struc tures which present special hazards to persons or property with minimum fire safety stan dards, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every building and structure existing as of April 1, 1968, which building or struc ture is listed in paragraph (1) of subsection (b) of Code Section 25-2-13 shall comply with the minimum fire safety standards adopted in the rules and regulations promulgated pursu ant to this chapter which were in effect at the time such building or structure was con structed, except that any nonconformance noted under the electrical standards adopted at the time such building or structure was constructed shall be corrected in accordance with the current electrical standards adopted pursuant to this chapter. A less restrictive provi sion contained in any subsequently adopted minimum fire safety standard may be applied to any existing building or structure."
Section 4. Said chapter is further amended by adding between Code Sections 25-2-22 and 25-2-23 a new Code Section 25-2-22.1 to read as follows:
"25-2-22.1. (a) The Commissioner, his delegate, or any other person authorized under this title to conduct inspections of property, in addition to other procedures now or hereaf ter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the Commissioner or his delegate or such authorized

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JOURNAL OF THE SENATE

person to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under this title or the rules and regulations duly promulgated hereunder.
(b) Inspection warrants may be issued by any judge of the superior, state, municipal, or magistrate court upon proper oath or affirmation showing probable cause for the purpose of conducting inspections authorized by this title or rules promulgated under this title and for the seizure of property or the taking of samples appropriate to the inspection. For the pur poses of issuance of inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this title or rules promulgated under this title suffi cient to justify inspection of the area, premise, building, or conveyance in the circumstances specified in the application for the warrant.
(c) A warrant shall be issued only upon affidavit of the Commissioner or his designee or any person authorized to conduct inspections pursuant to this title, sworn to before the judicial officer and establishing the grounds for issuing the warrant. The issuing judge may issue the warrant when he is satisfied that the following conditions are met:
(1) The one seeking the warrant must establish under oath or affirmation that the prop erty to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and
(2) The issuing judge determines that the issuance of the warrant is authorized by this Code section.
(d) The warrant shall:
(1) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
(2) Be directed to persons authorized by this title to conduct inspections to execute it;
(3) Command the persons to whom it is directed to inspect the area, premise, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
(4) Identify the item or types of property to be seized, if any; and
(5) Designate the judicial officer to whom it shall be returned.
(e) A warrant issued pursuant to this Code section must be executed and returned within ten days of its date of issuance unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be pro vided upon request to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. A copy of the inven tory shall be delivered upon request to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
(f) The judicial officer who has issued a warrant shall attach thereto a copy of the re turn and all papers returnable in connection therewith and file them with the clerk of the superior court for the county in which the inspection was made."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Bowen of the 13th moved that the Senate agree to the House substitute to SB 261.
On the motion, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 8, 1989

1943

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
BBrawnennon Broun Burton Clay Coleman Collins
Coverdell Dawkins Deal Dean

Echols Edge English Engram Fincher
Fu*llteerr Hammill Harris Howard Huggins Kidd
Land McKenzie Newbill Olmstead

Parker Peevy Perry Pollard Ragan of loth
RR agan of 32nd "a>L , ,, , ? 1 Scott of 36th Shumake Starr
Tate Taylor Turner Tysinger

Those not voting were Senators:

Garner Gillis Johnson

Kennedy (presiding) Langford Phillips

Stumbaugh Timmons Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 261.

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

HB 734. By Representatives Foster of the 6th, Groover of the 99th, Jackson of the 9th and others:
A bill to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide that conservation rangers shall be required to require owners or other persons having lawful posses sion or control of baited areas or land or fields to remove such bait or erect cer tain signs, or both; to require conservation rangers to post signs in certain circumstances.
Senate Sponsors: Senators Kennedy of the 4th and Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Coleman

Collins Coverdell Dawkins Deal Dean Echols Edge Engram Fincher Foster

Fuller Gillis Hammill Harris Howard Huggins Johnson Land McKenzie Newbill

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JOURNAL OF THE SENATE

Perry phill; P s PRoalglaanrdof 32nd
Rav
Scott of 2nd

Scott of 36th Shumake 0St, arr
Stumbaugh
Tate

Taylor Timmons rTr,urner
Tysinger
Walker

Those voting in the negative were Senators:

Kidd

Olmstead

Peevy

Those not voting were Senators:

Baldwin English Garner

Kennedy (presiding) Langford

Parker Ragan of 10th

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

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

HB 403. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise substantially certain provisions relating to restrictions on campaign activities and public opinion polling within the vicinity of polling places or municipal polling places; to change the provisions specifying where such conduct shall be prohibited.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 403:

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 absentee electors and municipal absentee electors; to provide that certain electors or municipal electors who are 75 years of age or older or who are handicapped and require voting assistance shall be au thorized to vote without having to wait in line; to provide for conditions and procedures; to revise substantially certain provisions relating to restrictions on campaign activities and public opinion polling within the vicinity of polling places or municipal polling places; to change the provisions specifying where such conduct shall be prohibited; to provide for ex ceptions; 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 Code Section 21-2-380, relating to the definition of an absentee elector, and inserting in its place a new Code Section 21-2-380 to read as follows:
"21-2-380. As used in this article, the term 'absentee elector' means an elector of this state who:
(1) Is required to be absent from his precinct during the time of the primary or election he desires to vote in;
(2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he desires to vote in;

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1945

(3) Because of physical disability, will be unable to be present at the polls on the day of such primary or election;
(4) Because the election or primary falls upon a religious holiday observed by such elec tor, will be unable to be present at the polls on the day of such primary or election;
(5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or
(6) Is 75 years of age or older."
Section 2. Said title is further amended by adding a new Code section immediately following Code Section 21-2-409, to be designated Code Section 21-2-409.1, to read as follows:
"21-2-409.1. On election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is 75 years of age or older or who is handicapped and requires assistance in voting as authorized by Code Section 21-2-409, shall, upon request to a poll officer, be authorized at any primary or election to vote immediately at the next available voting compartment or booth without having to wait in line. Notice of the provisions of this Code section shall be prominently displayed in the voting place."
Section 3. Said title is further amended by striking Code Section 21-2-414, relating to restrictions upon campaign activities and public opinion polling within the vicinity of a pol ling place, and inserting in its place a new Code Section 21-2-414 to read as follows:
"21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day:
(1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line at such polling place.
(b) No person shall solicit signatures for any petition on any primary or election day:
(1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line at such polling place.
(c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day:
(d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day.
(e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted.
(f) Any person who violates this Code section shall be guilty of a misdemeanor.
(g) This Code section shall not apply to conduct occurring at or upon any privately

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owned residence, privately owned business, or privately owned building which is not being used as a polling place."
Section 4. Said title is further amended by striking Code Section 21-3-280, relating to the definition of an absentee municipal elector, and inserting in its place a new Code Sec tion 21-3-280 to read as follows:
"21-3-280. As used in this article, the term 'absentee elector' means an elector of the municipality who:
(1) Is required to be absent from said municipality during the time of the primary or election in which he desires to vote;
(2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election in which he desires to vote;
(3) Because of physical disability, will be unable to be present at the polls on the day of such primary or election;
(4) Because the election or primary falls upon a religious holiday observed by such elec tor, will be unable to be present at the polls on the day of such primary or election;
(5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or
(6) Is 75 years of age or older."
Section 5. Said title is further amended by adding a new Code section immediately following Code Section 21-3-318, to be designated Code Section 21-3-318.1, to read as follows:
"21-3-318.1. On election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is 75 years of age or older or who is handicapped and requires assistance in voting as authorized by Code Section 21-3-318, shall, upon request to a poll officer, be authorized at any primary or election to vote immediately at the next available voting compartment or booth without having to wait in line. Notice of the provisions of this Code section shall be prominently displayed in the voting place."
Section 6. Said title is further amended by striking Code Section 21-3-321, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in its place a new Code Section 21-3-321 to read as follows:
"21-3-321. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day:
(1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line at such polling place.
(b) No person shall solicit signatures for any petition on any primary or election day:
(1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line at such polling place.
(c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or

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1947

any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day.
(d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day.
(e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted.
(f) This Code section shall not apply to conduct occurring at or upon any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 2, 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 Clay Coleman Collins Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Hammill Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

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

Those voting in the negative were Senators:

Coverdell

Fuller

Peevy

Those not voting were Senators:

Garner Harris

Kennedy (presiding)

Ray

Langford

Tate

On the passage of the bill, the yeas were 47, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute.

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HB 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Jus tices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.
Senate Sponsor: Senator Starr of the 44th.

Senator Starr of the 44th offered the following amendment:

Amend HB 55 by striking from line 23 of page 1 the following: "$80,600.00", and inserting in its place the following: "$80,700.00". By striking from line 19 of page 2 the following: "$80,000.00", and inserting in its place the following: "$80,100.00".

On the adoption of the amendment, the yeas were 35, 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 Broun Burton
Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coverdell Garner

Johnson Kennedy (presiding) Kidd

Land Langford Scott of 2nd

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1949

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 448. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Walker of the 115th, Groover of the 99th and Edwards of the 112th: A resolution relative to adjournment.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 216. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th: A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses to testify, so as to redefine what persons are competent and compellable to testify in the courts and tribunals of this state and provide for determinations of credibility; to repeal specifically Code Section 24-9-5, relating to competency of persons without use of reason.
The House substitute to SB 216 was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 24, relating to compe tency of witnesses, so as to provide that in cases of child molestation and other criminal cases in which a child was a victim or a witness, such child shall be competent to testify and his credibility shall be determined by the trier of fact; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 9 of Title 24, relating to competency of witnesses, is amended by striking in its entirety Code Section 24-9-5, relating to competency to testify of persons without use of reason, and inserting in lieu thereof a new Code Section 24-9-5 to read as follows:
"24-9-5. (a) Except as provided in subsection (b) of this Code section, persons who do not have the use of reason, such as idiots, lunatics during lunacy, and children who do not understand the nature of an oath, shall be incompetent witnesses.
(b) Notwithstanding the provisions of subsection (a) of this Code section, in all cases involving child molestation, and in all other criminal cases in which a child was a victim of or a witness to any crime, any such child shall be competent to testify, and his credibility shall be determined as provided in Article 4 of this chapter."
Section 2. This Act shall not apply to crimes or offenses which took place prior to 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.

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Section 4. 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 216.

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 Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Echols Edge English Engram

Fincher Foster Fuller Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

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

Those not voting were Senators:

Barker Bowen Brannon

Dean Garner Howard

Kennedy (presiding) Scott of 2nd

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 216.

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

HB 613. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to change the definition of the term "person who works full time"; to provide that coverage available under the state employees' health insurance plan shall be subordinated to the coverage available under such federal program.
Senate Sponsor: Senator Barnes of the 33rd.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Brannon

Broun Burton Clay Collins

Dawkins Deal Dean Echols

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1951

Edge English Fincher Foster Fuller Gillis Harris Howard Huggins

Johnson Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 32nd Ray Scott of 2nd Stumbaugh Taylor Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee)
Barker Bowen Coleman Coverdell Engram

Garner
Hammill Kennedy (presiding) Langford Ragan of 10th Scott of 36th

Shumake gtarr (excused conferee) ,,,
Timmons Turner (excused conferee)

On the passage of the bill, the yeas were 39, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 299. By Senator Dawkins of the 45th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal in its entirety Article 1 of said chapter which requires that publications of the executive branch of gov ernment indicate certain information on the cover of the publication; to provide for related matters; to provide an effective date.

The House substitute to SB 299 was as follows:

A BILL
To be entitled an Act to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to revise provisions which require that publications of the executive branch of government indicate certain cost information on the cover of the publication; to provide for the applicability of said provisions to various governmental entities; to provide for cost calculations; to define a criminal offense and pro vide criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking Article 1, relating to cost information on the covers of certain publications, and inserting in its place a new Article 1 to read as follows:
"ARTICLE 1
50-18-1. (a) Each pamphlet, booklet, brochure, or other promotional publication printed by an agency or department of the executive branch, except the 'Farmers and Consumers Market Bulletin' published by the Department of Agriculture, shall clearly show on its cover the number of copies of that particular publication printed, the approximate cost of such printing which shall be defined as the costs of the actual printing process including press

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time and paper, and a statement to read 'APPROXIMATE COST OF PRESS TIME AND PAPER ONLY'.
(b) The approximate cost of such printing shall be provided by the agency or depart ment, based on estimates or other information provided by the private or public entity per forming such printing.
50-18-2. (a) This article shall not apply to tax forms, returns, pamphlets, and instruc tional publications of the Department of Revenue.
(b) This article shall not apply to any publication which is required or established by statute or which has as its primary purpose to provide information or instruction to persons, corporations, or other entities regulated by, registered with, employed by, seeking employ ment with, or doing business with the state.
(c) This article shall not apply to the printing of any portion of the Official Code of Georgia Annotated or rules adopted pursuant to the 'Georgia Administrative Procedure Act,' Chapter 13 of this title.
50-18-3. The Governor, through the Office of Planning and Budget, shall monitor com pliance with this article and shall ensure that any agency or department in violation of this article is notified of and corrects any reported or identified problems of noncompliance."
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 299.

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 B roun Burton CCloalyeman Collins Coverdell
Dawkins Deal
Dean Echols

Edge Engram Fincher Foster Fuller Gillis Hammill HHoarwriasrd Huggins Johnson
Kidd Langford
McKenzie Newbill

Parker Perry Phillips Pollard Ragan of I0th Ragan of 32nd o S0co off 2<j ndj Scott of 36th Snumake
Tate Taylor
Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Barker English Garner

Kennedy (presiding) Land Olmstead Peevy

Starr (excused conferee) Stumbaugh Timmons Turner (excused conferee)

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 299.

WEDNESDAY, MARCH 8, 1989

1953

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 234. By Senator Baldwin of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," so as to provide for un fair trade practices with regard to medicare supplement insurance; to provide for editorial revision; to provide for definitions; to provide for applicability; to pro vide standards for provisions of medicare supplement insurance policies.
The House substitute to SB 234 was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," so as to provide for un fair trade practices with regard to medicare supplement insurance; to provide for editorial revision; to provide for definitions; to provide for applicability; to provide standards for provisions of medicare supplement insurance policies; to provide minimum standards for benefits and claims payment under medicare supplement insurance policies; to provide filing requirements and loss ratio standards for such policies; to provide limitations on the com pensation of agents; to provide disclosure standards for such policies; to require certain no tices; to provide filing requirements for advertisements for such policies; to authorize the Commissioner of Insurance to promulgate rules and regulations; 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 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," is amended by striking paragraph (12) of subsec tion (b) of Code Section 33-6-4, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) (A) Representing that any insurer or agent is employed by or otherwise associated with any medicare program as defined in Code Section 33-43-1 or the United States Social Security Administration or that any insurance policy sold or offered for sale has been en dorsed or sponsored by the federal or state government;
(B) Knowingly selling or offering to sell medicare supplement insurance coverage as defined in Code Section 33-43-1 which is not in compliance with the provisions of Chapter 43 of this title, relating to medicare supplement insurance, or the rules and regulations promulgated by the Commissioner pursuant to Chapter 43 of this title;
(C) Representing that any individual policy is a group policy or that the insurer, agent, or policy is endorsed, sponsored by, or associated with any group, association, or other or ganization unless such is, in fact, the case;
(D) Knowingly selling to Medicaid recipients substantially unnecessary coverage which duplicates benefits provided under the Medicaid program without disclosing to the prospec tive buyer that it may not be to the buyer's benefit or that it might actually be to the buyer's detriment to purchase the additional coverage."
Section 2. Said title is further amended by striking Code Section 33-24-29, which reads as follows:
"33-24-29. (a) As used in this Code section, the term:
(1) 'Insurer' means any insurer authorized to sell accident and sickness policies, sub scriber contracts, certificates, or agreements of any form under Chapter 15, 18, 19, 20, 21, 29, or 30.

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(2) 'Medicaid' means any program of medical assistance provided by this state in accor dance with the State Plan for Medical Assistance as established in Title XIX of the federal Social Security Act of 1935, as amended.
(3) 'Medicare' means any benefits provided under the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as it existed on January 1, 1980.
(4) 'Medicare supplement insurance policy' means any policy, plan, certificate, or sub scriber contract or agreement of any form which provides for accident and sickness insur ance designed primarily to supplement medicare benefits or is advertised, marketed, or oth erwise purports to be a supplement to medicare benefits and is delivered or issued for delivery in this state on and after November 1, 1980.
(b) No insurance company, hospital service nonprofit corporation, nonprofit medical service corporation, health care plan, fraternal benefit society, or other insurer shall deliver or issue for delivery any individual medicare supplement insurance policy which does not provide reasonable benefits to the insured in relation to the premium paid.
(c) The Commissioner shall adopt any rules and regulations as he deems necessary for the regulation of medicare supplement insurance. The rules and regulations may regulate minimum benefits, waiting periods, exclusions, reductions, preexisting limitations, and read ability and advertising and may include any other requirements as the Commissioner deems necessary for the protection of the citizens of this state. Additionally, the Commissioner shall develop a uniform disclosure statement for use in conjunction with the sale of all medi care supplement insurance sold in this state.
(d) This Code section shall apply to all insurers authorized to transact insurance busi ness in this state.",
in its entirety and inserting in its place the following:
"33-24-29. Reserved."
Section 3. Said title is further amended by adding immediately following Chapter 42, relating to long-term care insurance, a new chapter to be designated Chapter 43, to read as follows:
"CHAPTER 43
33-43-1. As used in this chapter, the term:
(1) 'Applicant' means:
(A) In the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and
(B) In the case of a group medicare supplement policy or subscriber contract, the pro posed certificate holder.
(2) 'Certificate* means any certificate issued under a group medicare supplement policy, which certificate has been delivered or issued for delivery in this state.
(3) 'Medicare supplement policy' means a group or individual policy of accident and sickness insurance or a subscriber contract which is advertised, marketed, or designed pri marily as a supplement to reimbursement under medicare for the hospital, medical, or surgi cal expenses of persons eligible for medicare by reason of age.
(4) 'Medicare' means the 'Health Insurance for the Aged Act,' Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended.
33-43-2. Except as otherwise specifically provided, this chapter shall apply to:
(1) All medicare supplement policies and subscriber contracts delivered or issued for delivery in this state on or after the effective date hereof; and

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1955

(2) All certificates issued under group medicare supplement policies or subscriber con tracts, which certificates have been delivered or issued for delivery in this state.
This chapter shall not apply to a policy or contract of one or more employers or labor orga nizations, or of the trustees of a fund established by one or more employers or labor organi zations, or combination thereof, for employees or former employees, or a combination thereof, or for members or former members, or a combination thereof, of the labor organiza tions. This chapter shall not be construed to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible persons, which policies are not marketed or held to be medicare supplement policies or ben efit plans.
33-43-3. (a) No medicare supplement insurance policy, contract, or certificate in force in the state shall contain benefits which duplicate benefits provided by medicare.
(b) The Commissioner shall issue reasonable regulations to establish specific standards for policy provisions of medicare supplement policies and certificates. Such standards shall be in addition to and in accordance with applicable laws of this state. No requirement of this title relating to minimum required policy benefits, other than the minimum standards contained in this chapter, shall apply to medicare supplement policies. The standards may cover, but shall not be limited to:
(1) Terms of renewability;
(2) Initial and subsequent conditions of eligibility;
(3) Nonduplication of coverage;
(4) Probationary periods;
(5) Benefit limitations, exceptions, and reductions;
(6) Elimination periods;
(7) Requirements for replacement;
(8) Recurrent conditions; and
(9) Definitions of terms.
(c) The Commissioner may issue reasonable regulations that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the Com missioner, are unjust, unfair, or unfairly discriminatory to any person insured or proposed for coverage under a medicare supplement policy.
(d) Notwithstanding any other provision of this title, a medicare supplement policy may not deny a claim for losses incurred more than six months from the effective date of cover age for a preexisting condition. The policy may not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recom mended by or received from a physician within six months before the effective date of coverage.
33-43-4. The Commissioner shall issue reasonable regulations to establish minimum standards for benefits and claims payment under medicare supplement policies.
33-43-5. (a) Every insurer providing group medicare supplement insurance benefits to a resident of this state pursuant to Code Section 33-43-2 of this chapter shall file a copy of the master policy and any certificate used in this state in accordance with the filing require ments and procedures applicable to group medicare supplement policies issued in this state, provided that no insurer shall be required to make a riling earlier than 30 days after insur ance was provided to a resident of this state under a master policy issued for delivery outside this state.
(b) Medicare supplement policies shall return to policyholders benefits which are rea sonable in relation to the premium charged. The Commissioner shall issue reasonable regu lations to establish minimum standards for loss ratios of medicare supplement policies on

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the basis of incurred claims experience, or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement ba sis, and earned premiums in accordance with accepted actuarial principles and practices. Every entity providing medicare supplement policies or certificates in this state shall file annually its rates, rating schedule, and supporting documentation demonstrating that it is in compliance with the applicable loss ratio standards of this state. All filings of rates and rating schedules shall demonstrate that the actual and expected losses in relation to premi ums comply with the requirements of this chapter.
(c) In situations where an existing policy is replaced by another policy with the same company where the new policy benefits are substantially similar to the benefits under the old policy and the old policy was issued by the same insurer or insurer group, no entity shall provide compensation to its agents or other producers which is greater than the renewal compensation which would have been paid on an existing policy.
33-43-6. (a) In order to provide for full and fair disclosure in the sale of medicare sup plement policies, no medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time application is made.
(b) The Commissioner shall prescribe the format and content of the outline of coverage required by subsection (a) of this Code section. For purposes of this Code section, 'format' means style, arrangements, and overall appearance, including such items as the size, color, and prominence of type and arrangement of text and captions. Such outline of coverage shall include:
(1) A description of the principal benefits and coverage provided in the policy;
(2) A statement of the exceptions, reductions, and limitations contained in the policy;
(3) A statement of the renewal provisions, including any reservation by the insurer of a right to change premiums; and
(4) A statement that the outline of coverage is a summary of the policy issued or ap plied for and that the policy should be consulted to determine governing contractual provisions.
(c) The Commissioner may prescribe by regulation a standard form and the contents of an informational brochure for persons eligible for medicare by reason of age, which is in tended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of medicare. Except in the case of direct response insurance poli cies, the Commissioner may require by regulation that the information brochure be pro vided to any prospective insureds eligible for medicare concurrently with delivery of the outline of coverage. With respect to direct response insurance policies, the Commissioner may require by regulation that the prescribed brochure be provided upon request to any prospective insureds eligible for medicare by reason of age, but in no event later than the time of policy delivery.
(d) The Commissioner may promulgate regulations for captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not medicare supplement coverages, for all accident and sickness insurance policies sold to persons eligible for medicare by reason of age, other than:
(1) Medicare supplement policies;
(2) Disability income policies or limited benefit policies;
(3) Basic, catastrophic, or major medical expense policies; or
(4) Single premium, nonrenewable policies.
(e) The Commissioner may further promulgate reasonable regulations to govern the full and fair disclosure of the information in connection with the replacement of accident and sickness policies, subscriber contracts, or certificates by persons eligible for medicare by rea son of age.

WEDNESDAY, MARCH 8, 1989

1957

33-43-7. Medicare supplement policies or certificates shall have a notice prominently printed on the first page of the policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this Code section shall be paid directly to the applicant by the insurer in a timely manner.
33-43-8. Every insurer, health care service plan, or other entity providing medicare sup plement insurance or benefits in this state shall provide a copy of any medicare supplement advertisement intended for use in this state whether through written, radio, or television medium to the Commissioner for review and approval by the Commissioner."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Baldwin of the 29th moved that the Senate agree to the House substitute to SB 234.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen
Brannon
5BC1ruorutonn Coleman C 0Hi ns Coverdell Deal Dean Echols Edge

English Engram Fincher Foster
Hammill
HuHuargrgism s Johnson Kidd Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 10th
RnRaaygan of 32nd Scott of 2nd Scott of 36th Tate Taylor Turner Tysinger Walker

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Barker
Barnes Dawkins Fuller

Garner
Gillis Howard Kennedy (presiding)

Land
Starr (excused conferee) Stumbaugh Timmons

On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 234.

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

HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provi-

1958

JOURNAL OF THE SENATE

sions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate substitute to HB 139.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 139.

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

SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.

Senator Barnes of the 33rd moved that the Senate adhere to its disagreement to the House substitute to SB 270, 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 270.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Barnes of the 33rd, Allgood of the 22nd and Foster of the 50th.

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

HB 582. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd and others:
A bill to amend Code Section 40-2-24 of the Official Code of Georgia Annotated, relating to processing by private persons of applications for registration, so as to change certain requirements regarding the performance bond required of persons processing license applications.
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 Barnes Bowen Burton Clay Collins Coverdell

Dawkins Deal Dean Echols Edge English Engram Fincher Foster

Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land

WEDNESDAY, MARCH 8, 1989

1959

Langford McKenzie Newbill OPalmrksetread
Peevy Perry

Phillips Pollard RaganoflOth RRaaygan of 32nd
Scott of 36th Shumake

Tate Taylor Timmons _Turner
Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun

Coleman Garner Kennedy (presiding)

Scott of 2nd Starr (excused conferee) Stumbaugh

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

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

HR 317. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A resolution creating the Joint Evidence Study Committee.
Senate Sponsor: Senator Deal of the 49th.

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 Barnes Bowen
Brannon Broun B^011
CC~> oolavl*he. nrds ell Dawkins rj ean Echols Edge English Engram Fincher

Foster Fuller Garner Gillis
Hammill Harris Howard
JH, *u, g6"5gsionns Kldd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray
SS0 ccoo,tt,tt o,f,f 32,,6n-.dt,h Shumake Stumbaugh Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Deal

Barker

Kennedy (presiding)

Coleman

Starr (excused conferee) Turner (excused conferee)

On the adoption of the resolution, the yeas were 49, nays 0.

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

1960

JOURNAL OF THE SENATE

The President resumed the Chair.

HB 566. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of in surance, so as to provide a means whereby any insurer organized under the laws of any other state may become a domestic insurer; to provide a means for any domestic insurer to transfer its domicile to another state.
Senate Sponsor: Senator Shumake of the 39th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun B~,urton Sman Collins Coverdell
Dawkins Deal Dean Echols Edge

English Fincher Foster Fuller Gillis Hammill HTTarris i HugS Johnson Kennedy
Kidd Land Langford Olmstead Parker

Perry Phillips Pollard Ragan of 10th Ragan of 32nd D 0oco,t.t ofr n2ndj ^cott of 36th Shumake btumbaugh
Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Garner

Barker

McKenzie

Engram

Newbill

Peevy Starr (excused conferee) Turner (excused conferee)

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

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

HB 607. By Representative Royal of the 144th:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to increase the compensation for mem bers' attendance at meetings.
Senate Sponsor: Senator Kidd of the 25th.

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

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

WEDNESDAY, MARCH 8, 1989

1961

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Broun Burton
Clay Collins Coverdell Dawkins Deal Dean Echols Edge
English Engram

Foster Fuller Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Barker Bowen Brannon

Coleman Fincher Garner Gillis

McKenzie Starr (excused conferee) Stumbaugh Turner (excused conferee)

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

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

HR 107. By Representative Buck of the 95th:
A resolution authorizing the State Properties Commission to enter into a bound ary line settlement agreement, for and on behalf of the State of Georgia, with a property owner adjacent to the Franklin D. Roosevelt State Park in Harris County, Georgia.
Senate Sponsor: Senator Baldwin of the 29th.

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 Barnes Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Tysinger Walker

1962

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood (excused conferee) Barker Bowen Brannon

Broun Gillis McKenzie Ragan of 10th

Shumake Starr (excused conferee) Turner (excused conferee)

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

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

HR 22. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A resolution designating the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents at the Northwest Georgia Regional Hospital.
Senate Sponsor: Senator Fuller of the 52nd.

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 Barnes
Bowen Brannon
roun p, n CoUins Coverdell Dawkins Deai Dean Echols Edge English

Engram Fincher Foster
Fuller Hammill
Harris Howard HuWif Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry
Phillips Pollard
Ragan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Barker Coleman Garner

Gillis Johnson Ragan of 10th

Ray Starr (excused conferee) Turner (excused conferee)

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

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

WEDNESDAY, MARCH 8, 1989

1963

HB 788. By Representative Watson of the 114th:
A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission generally, so as to change certain provisions relating to the power and authority of the Public Ser vice Commission to prescribe rules and regulations for the safe installation and safe operation of all gas transmission and distribution facilities within this state.
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 Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Fuller Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie

Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Taylor Timmons Tysinger Walker

Those not voting were Senators:

Barker Garner Gillis

Ray Shumake Starr (excused conferee)

Tate Turner (excused conferee)

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

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

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

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 165. 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 change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions re lating to procedures for qualification of candidates generally.

1964

JOURNAL OF THE SENATE

The House insists on its position in substituting the following bills of the Senate:
SB 1. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing ac tivities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent; to direct local governments to prepare and adopt land use plans and ordinances.
SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child wel fare services and services to courts.
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 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.
The Speaker has appointed on the part of the House, Representatives Ware of the 77th, Dunn of the 73rd and Robinson of the 96th.
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 105. By Representative Murphy of the 18th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, so as to authorize attorneys to establish interest-bearing trust accounts for clients' funds from which proceeds are donated to government operated or government sponsored indigent defense plans or programs; to authorize financial institutions to main tain the accounts and to remit the interest payments.

WEDNESDAY, MARCH 8, 1989

1965

The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd.

The House insists on its position in amending the following bill of the Senate:

SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and others:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relat ing to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.

The House has disagreed to the Senate amendment to the House amendment #2 to the following bill of the Senate:

SB 183. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to au thorize the use of electronic or automated methods or systems of record keeping.

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

HB 559. By Representatives Robinson of the 96th, Buck of the 95th, Steele of the 97th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Chattahoochee Judicial Circuit.
Senate Sponsor: Senator Parker of the 15th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bwen rannon
oBdauyrutonn C 0 Ui ns Coverdell Dawkins Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis
H,H,uamggmm isll Johnson Kennedy Kidd Land Langford McKenzie Newbill

Olmstead Parker Perry Phillips Pollard Ragan of 10th
RoRaaygan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Tysinger

1966

JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Coleman Deal Harris

Howard Peevy Starr (excused conferee)

Timmons Turner (excused conferee) Walker

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

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

HB 768. By Representative Edwards of the 112th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the State Personnel Board to contract with the Georgia Hazardous Waste Management Authority for the inclusion in the health insurance plan of employ ees and retiring employees of the authority and their spouses and dependent children.
Senate Sponsor: Senator Land of the 16th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis
Hammill Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Pollard 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:

Coleman Harris

McKenzie Phillips

Starr (excused conferee)

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

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

WEDNESDAY, MARCH 8, 1989

1967

HB 679. By Representative Adams of the 79th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds so as to provide that in lieu of a performance bond or a payment bond, the state, a county, a municipal corpora tion, or any public board or body may accept a cashier's check, certified check, or cash in at least a certain amount for the protection and use of certain parties.
Senate Sponsor: Senator Kidd of the 25th.
The Senate Committee on Urban and County Affairs offered the following substitute to HB 679:
A BILL
To be entitled an Act to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds required on contracts with the state, counties, municipalities, and other public bodies for public works, so as to provide that in lieu of a payment bond, the state, a county, a municipal corporation, or any public board or body may accept a cashier's check, certified check, or cash in at least a certain amount for the protection and use of certain parties; to require contractors to provide pay ment bonds for the use and protection of persons supplying labor or materials to a subcon tractor of the principal contractor; to provide for payments by the principal contractor when certain accounts are due or agreements violated; to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, so as to provide for the approval and filing of security deposits; to provide for action on breached security deposit; to provide a limitation on time to bring action on a security deposit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds required on contracts with the state, counties, munic ipalities, and other public bodies for public works, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No contract with this state, a county, a municipal corporation, or any public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give:
(1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under Code Section 36-10-4;
(2) (A) A payment bond with good and sufficient surety or sureties payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract, including any subcontractor having a direct contract with a principal contractor for labor, materials, or equipment. In case of any forfeiture of payment to labor according to a subcontractor's agreement, the surety must make said payments within 24 working days from the due date. All other accounts due involving materials, equipment, and machinery must be paid before the principal contractor receives any moneys from his escrow account or is relieved from his bond responsibilities. The payment bond on the principal contractor shall be in the amount of at least the total amount payable by the terms of the contract.
(B) In lieu of the payment bond provided for in subparagraph (A) of this paragraph, the state, a county, a municipal corporation, or any public board or body may accept a cashier's check, certified check, or cash in the amount of at least the total amount payable by the terms of the contract for the use and protection of all subcontractors and all persons

1968

JOURNAL OF THE SENATE

supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract."
Section 2. Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, is amended by striking in its entirety Code Section 36-82-102, relating to the approval and filing of bonds, and inserting in lieu thereof a new Code Section 36-82-102 to read as follows:
"36-82-102. The bonds or security deposits required under Code Section 36-82-101 shall be approved and filed with the treasurer or the person performing the duties usually per formed by a treasurer of the obligee named therein unless the contract is for the erection, improvement, or repair of buildings for a state institution, in which case it shall be approved and filed with the board or officer having the financial management of such institution. If the surety named in the bonds is other than a surety company authorized by law to do business in this state, such bonds shall not be approved and filed unless such surety makes and files an affidavit with such bonds, stating under oath that he is the fee simple owner of real estate equal in value to the amount of the bonds over and above any and all liens, encumbrances, and exemption rights allowed by law. If the payment bond or security de posit required in paragraph (2) of subsection (b) of Code Section 13-10-1, together with affidavit when necessary, is not taken in the manner and form required in this Code section, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the con tract, or extension of time for the completion of the contract shall release the sureties of such payment bond."
Section 3. Said Article 4 of Chapter 82 is further amended by striking in its entirety Code Section 36-82-104, relating to action on breached bond, and inserting in lieu thereof a new Code Section 36-82-104 to read as follows:
"36-82-104. (a) The obligee in any bid bond required to be given in accordance with subsection (a) of Code Section 13-10-1 or the obligee in any performance bond required to be given in accordance with paragraph (1) of subsection (b) of Code Section 13-10-1 shall be entitled to maintain an action thereon at any time upon any breach of such bond.
(b) Every person entitled to the protection of the payment bond or security deposit required to be given under paragraph (2) of subsection (b) of Code Section 13-10-1, who has not been paid in full for labor or material furnished in the prosecution of the work referred to in such bond or security deposit before the expiration of a period of 90 days after the day on which the last of the labor was done or performed by him or the material or equipment or machinery was furnished or supplied by him for which such claim is made, or when he has completed his subcontract for which claim is made, shall have the right to bring an action on such payment bond or security deposit for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due him; provided, however, that any person having direct contractual relationship with a subcontractor, but no contractual rela tionship express or implied with the contractor furnishing such payment bond or security deposit, shall have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done; and provided, further, that nothing contained in this Code section shall limit the right of action to said 90 day period.
(c) Notice may be served by depositing a notice, registered or certified mail, postage prepaid, duly addressed to the contractor, at any place at which he maintains an office or conducts his business or at his residence, in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be

WEDNESDAY, MARCH 8, 1989

1969

served in any manner in which the sheriffs of this state are authorized by law to serve summons or process.
(d) Every action instituted under this Code section shall be brought in the name of the claimant, without the state, county, municipal corporation, or public board or body for which the work was done or was to be done being made a party thereto.
(e) The official who has the custody of the bond or security deposit is authorized and directed to furnish, to any person making application therefor who submits an affidavit that he has supplied labor or materials for such work and that payment therefor has not been made or that he is being sued on any such bond or security deposit, a copy of the bond or security deposit agreement and the contract for which it was given, certified by the official who has custody of the bond or security deposit; this copy shall be primary evidence of the bond or security deposit and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, provided that in no case shall the fee fixed exceed the fees which the clerks of the superior courts are permitted to charge for similar copies."
Section 4. Said article is further amended by striking in its entirety Code Section 36-82105, relating to limitation on time to bring action on bonds, and inserting in lieu thereof a new Code Section 36-82-105 to read as follows:
"36-82-105. No action can be instituted on the bonds or security deposits required under Code Section 36-82-101 or any of them after one year from the completion of the contract and the acceptance of the public building or public work by the proper public authorities."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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
RBCluaryt. on
Collins Coverdell
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis
Hammill
JH"ouohgwngsamordns
Kennedy Kidd
Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Pollard Ragan of I0th Ragan of 32nd Ray Scott of 2nd
S0Shc, outmt aok.fe36th
btumbaugh
^ a^e Taylor Timmons Turner Tysinger Walker

1970

JOURNAL OF THE SENATE

Those not voting were Senators:

Coleman

Harris

Phillips

On the passage of the bill, the yeas were 53, 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 86. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.

Senator Barnes of the 33rd moved that the Senate adhere to its disagreement to the House substitute to SB 86, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 86.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Barnes of the 33rd, Gillis of the 20th and McKenzie of the 14th.

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

HB 898. By Representatives Chambless of the 133rd and Thomas of the 69th:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages and conveyances to secure debts and liens, so as to provide recording procedures for filing canceled and satisfied debts to secure debt and related instruments; to amend Code Section 15-6-77 of the Official Code of Geor gia Annotated, relating to fees in superior court, so as to change certain fees.
Senate Sponsor: Senator Barnes of the 33rd.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman

Collins Dawkins Deal Dean Echols Engram Fincher Foster Fuller

Garner Hammill Howard Huggins Johnson Kennedy Kidd Land Langford

WEDNESDAY, MARCH 8, 1989

1971

McKenzie Newbill _
Phillips Pollard

Ragan of 10th Ragan Of 32nd Ray Scott of 2nd Scott of 36th Shumake

Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Clay Coverdell Edge

English Gillis Harris

Parker Starr Taylor

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

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

HB 178. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry.
Senate Sponsor: Senator Taylor of the 12th.

Senators Clay of the 37th and Stumbaugh of the 55th offered the following amendment:

Amend HB 178 by adding on line 24, page 2, the following:
", however, such information shall be made available to the members of the House and Senate Insurance Committees."

On the adoption of the amendment, the yeas were 42, 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 Clay Coleman Collins

Coverdell Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner

Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker

1972

JOURNAL OF THE SENATE

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

Tate Taylor Timmons Turner Tysinger Walker

Not voting were Senators Harris and Langford.

On the passage of the bill, the yeas were 54, nays 0.

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

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

SB 1. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing ac tivities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent; to direct local governments to prepare and adopt land use plans and ordinances.

Senator Foster of the 50th moved that the Senate adhere to its disagreement to the House substitute to SB 1, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 1.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Foster of the 50th, Deal of the 49th and Dawkins of the 45th.

The following general bill of the House, having been read the third time on February 27 and lost, and reconsidered on February 28, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 185. By Representative Randall of the 101st:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide that licenses of certain persons shall be returned upon the acceptance of a plea and payment of the imposed fine.
Senate Sponsor: Senator Peevy of the 48th.

Senator Peevy of the 48th moved that the Senate reconsider its action in adopting the amendment offered by Senator Stumbaugh of the 55th, as it appears in the Senate Journal on February 27.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the amendment offered by Senator Stumbaugh of the 55th was reconsidered.

On the adoption of the amendment offered by Senator Stumbaugh of the 55th, the yeas were 0, nays 42, and the amendment was lost.

WEDNESDAY, MARCH 8, 1989

1973

Senators Peevy of the 48th, Deal of the 49th, Burton of the 5th, Stumbaugh of the 55th and Parker of the 15th offered the following amendment:

Amend HB 185 by striking the word "subsequently" on line 17 of page 1 and inserting therein the following:
"within 180 days of the date of arrest";
and by striking the words "a court order" on lines 19 and 20 of page 1, and inserting therein the following:
"receipt by the Department of Public Safety of an authorization from the prosecutor or where there is no prosecutor from the judge".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Broun Burton Dawkins Deal Echols Fincher

Foster Fuller Huggins Johnson Kidd Langford Olmstead Parker Peevy

Perry Phillips Scott of 2nd Scott of 36th Shumake Tate Taylor Tysinger Walker

Those voting in the negative were Senators:

Albert Barker Bowen Brannon Clay Coleman Collins Coverdell Dean

Edge Engram Garner Gillis Hammill Kennedy Land McKenzie Newbill

Pollard Ragan of 10th Ragan of 32nd
RAVatvlj
Starr Stumbaugh Timmons Turner

Those not voting were Senators:

English

Harris

Howard

On the passage of the bill, the yeas were 27, nays 26.

The bill, having failed to receive the requisite constitutional majority, was lost.

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JOURNAL OF THE SENATE

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

HB 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child wel fare services and services to courts.

Senator Barker of the 18th moved that the Senate insist upon the Senate substitute to HB 390.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 390.

The following general bill of the House, having been read the third time and final ac tion suspended on February 27, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 469. By Representative Thompson of the 20th:
A bill to amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so as to authorize grants of county and municipal funds to certain family violence centers.
Senate Sponsor: Senator Harris of the 27th.

The amendment to HB 469 offered by Senator Howard of the 42nd on February 27, as it appppears in the Journal of February 27, was automatically reconsidered and put upon its adopption.

On the adoption of the amendment, the yeas were 52, 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 Clay Coleman Collins Coverdell Deal Dean

Echols Edge English Engram Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land

Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake

WEDNESDAY, MARCH 8, 1989

1975

Stumbaugh Tate Taylor

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Dawkins Fincher

Harris

Starr

On the passage of the bill, the yeas were 52, nays 0.

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

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

HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.

The Conference Committee report on HB 225 was as follows:

The Committee of Conference on HB 225 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 225 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Culver Kidd Senator, 25th District
Is/ Gene Walker Senator, 43rd District
/s/ Tommy C. Olmstead Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Jim Pannell Representative, 122nd District
/s/ Pete Robinson Representative, 96th District
/s/ Bill Cummings Representative, 17th District

Conference Committee substitute to HB 225:

A BILL
To be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of prop erty, so as to change the definition of the term "fair market value"; to provide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property; to provide for the preferential classification and assessment of rehabilitated historic property; to define the term "rehabili tated historic property"; to provide exceptions; to provide for applications for preferential classification and assessment of rehabilitated historic property; to provide for application fees; to provide procedures; to provide for determinations by the Department of Natural Resources; to provide that the assessed value of certain property shall not be increased dur-

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JOURNAL OF THE SENATE

ing certain periods of time; to require certain duties to be performed by the county board of tax assessors; to provide which property qualifies as rehabilitative historic property; to pro vide for the payment of deferred taxes; to provide for administrative appeals and court review; to provide the effective date of preferential assessment of rehabilitated historic property; to provide for the classification of rehabilitated historic property on tax digests; to provide for the disqualification of property for preferential classification and assessment as rehabilitated historic property; to provide that certain property may again qualify for pref erential classification and assessment as rehabilitated historic property; to provide that cer tain deferred taxes and interest shall constitute a prior lien; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, is amended by adding at the end of paragraph (1) of Code Section 48-5-2, relating to definitions applicable to said Chapter 5, a new subparagraph (C) to read as follows:
"(C) Fair market value of 'historic property' as such term is defined in subsection (a) of Code Section 48-5-7.2 means:
(i) For the first eight years in which the property is classified as 'rehabilitated historic property,' the value equal to the greater of the acquisition cost of the property or the ap praised fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2;
(ii) For the ninth year in which the property is classified as 'rehabilitated historic prop erty,' the value of the property as determined by division (i) of this subparagraph plus onehalf of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iii) For the tenth and following years, the fair market value of such property as deter mined by the provisions of this paragraph, excluding the provisions of this subparagraph."
Section 2. Said article is further amended by striking in its entirety Code Section 48-57, relating to assessment of tangible property, and inserting in lieu thereof a new Code Sec tion 48-5-7 to read as follows:
"48-5-7. (a) Except as otherwise provided in this Code section, taxable tangible prop erty shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair mar ket value.
(b) Tangible real property which is devoted to bona fide agricultural purposes as de fined in this chapter and which otherwise conforms to the conditions and limitations im posed in this chapter shall be assessed for ad valorem property tax purposes at 75 percent of the value which other tangible real property is assessed and shall be taxed on a levy made by each respective tax jurisdiction according to said assessment.
(c) Tangible real property which qualifies as rehabilitated historic property pursuant to the provisions of Code Section 48-5-7.2 shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value. For the purposes of this subsection, the term 'fair market value' shall mean the fair market value of rehabilitated historic property pursu ant to the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2.
(d) The requirement contained in this Code section that all tax jurisdictions assess tax able tangible property at 40 percent of fair market value shall not apply to any tax jurisdic tion whose ratio of assessed value to fair market value exceeded 40 percent for the tax year 1971. No tax jurisdiction so exempted shall assess at a ratio of less than 40 percent except as necessary to effect the preferential assessment provided in subsection (b) of this Code section.

WEDNESDAY, MARCH 8, 1989

1977

(e) Each notice of ad valorem taxes due sent to taxpayers of counties and municipalities shall include both the fair market value of the property of the taxpayer which is subject to taxation and the assessed value of the property after being reduced as provided by this Code section."
Section 3. Said article is further amended by adding between Code Sections 48-5-7.1 and 48-5-8 a new Code Section 48-5-7.2 to read as follows:
"48-5-7.2. (a) (1) For the purposes of this article, 'rehabilitated historic property' means tangible real property which:
(A) Qualifies for listing on the Georgia Register of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12;
(B) Is in the process of or has been substantially rehabilitated, provided that in the case of owner occupied residential real property the rehabilitation has increased the fair market value of the building or structure by not less than 50 percent, or, in the case of incomeproducing real property, the rehabilitation has increased the fair market value of the build ing or structure by not less than 100 percent, or, in the case of real property used primarily as residential property but partially as income-producing property, the rehabilitation has increased the fair market value of the building or structure by not less than 75 percent, provided that the exact percentage of such increase in the fair market value to be required shall be determined by rules and regulations promulgated by the Board of Natural Re sources. For the purposes of this subparagraph, the term 'fair market value' shall mean the fair market value of the property, excluding the provisions of subparagraph (C) of para graph (1) of Code Section 48-5-2;
(C) The rehabilitation of which meets the rehabilitation standards as provided in regu lations promulgated by the Department of Natural Resources; and
(D) Has been certified by the Department of Natural Resources as rehabilitated historic property eligible for preferential assessment.
(2) The preferential classification and assessment of rehabilitated historic property pro vided for in this Code section shall apply to the building or structure which is the subject of the rehabilitation, the real property on which the building or structure is located, and not more than two acres of real property surrounding the building or structure. The remaining property shall be assessed for tax purposes as otherwise provided by law.
(3) Property may qualify as historic property only if substantial rehabilitation of such property was initiated after January 1, 1989, and only property which has been certified as rehabilitated historic property by the Department of Natural Resources after July 1, 1989, may qualify for preferential assessment.
(b) In order for property to qualify for preferential assessment as provided for in sub section (c) of Code Section 48-5-7, the property must receive certification as rehabilitated historic property as defined in paragraph (1) of subsection (a) of this Code section and pur suant to regulations promulgated by the Department of Natural Resources. Applications for certification of such property shall be accompanied by a fee specified by rules and regula tions of the Board of Natural Resources. The Department of Natural Resources may, at its discretion, delegate its responsibilities conferred under subparagraph (a)(l)(C) of this Code section.
(c) Upon a property owner receiving preliminary certification pursuant to the provisions of subsection (b) of this Code section, such property owner shall submit a copy of such preliminary certification to the county board of tax assessors. A property owner shall have 24 months from the date that preliminary certification is received pursuant to subsection (b) of this Code section in which to complete the rehabilitation of such property in conformity with the application approved by the Department of Natural Resources. After receiving the preliminary certification from the property owner, the county board of tax assessors shall not increase the assessed value of such property during the period of rehabilitation of such property, not to exceed two years. During such period of rehabilitation of the property, the

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county tax receiver or tax commissioner shall enter upon the tax digest a notation that the property is subject to preferential assessment and shall also enter an assessment of the fair market value of the property, excluding the preferential assessment authorized by this Code section. Any taxes not paid on the property as a result of the preliminary certification and frozen assessed value of the property shall be considered deferred until a final determina tion is made as to whether such property qualifies for preferential assessment as provided in this Code section.
(d) Upon the completion of the rehabilitation of such property, the property owner shall submit a request in writing for final certification to the Department of Natural Re sources. The Department of Natural Resources shall determine whether such property as rehabilitated constitutes historic property which will be listed on the Georgia Register of Historic Places and which qualifies for preferential assessment. The Department of Natural Resources shall issue to the property owner a final certification if such property so qualifies.
(e) Upon receipt of final certification from the Department of Natural Resources, a property owner desiring classification of any such historic property as rehabilitated historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include the order of final certification with such application. The county board of tax assessors shall determine if the value of the building or structure has been increased in accordance with the provisions of subparagraph (a)(l)(B) of this Code section; provided, however, that, if the property owner can document expenditures on reha bilitation of owner occupied property of not less than 50 percent of the fair market value of the building or structure at the time of the preliminary certification of the property, or, in the case of income-producing property, expenditures on rehabilitation of such property of not less than 100 percent of the fair market value of the building or structure at the time of preliminary certification of the property, or, in the case of real property used primarily as residential property but partially as income-producing property, expenditures on rehabilita tion of such property of not less than 75 percent of the fair market value of the building or structure at the time of preliminary certification of the property, the county board of tax assessors shall be required to grant preferential assessment to such property. For the pur poses of this subsection, the term 'fair market value' shall mean the fair market value of the building or structure, excluding the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5311.
(f) A property owner who fails to have property classified as rehabilitated historic prop erty and listed on the Georgia Register of Historic Places for the preferential assessment shall be required to pay the difference between the amount of taxes on the property during the period that the assessment was frozen pursuant to the provisions of subsection (c) of this Code section and the amount of taxes which would have been due had the property been assessed at the regular fair market value, plus interest at the rate prescribed in Code Section 48-2-40.
(g) (1) Property which has been classified by the county board of tax assessors as reha bilitated historic property shall be eligible for the preferential assessment provided for in subsection (c) of Code Section 48-5-7; provided, however, that, for the purposes of determin ing the years of eligibility for preferential assessment, the tax year following the year in which the preliminary certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility.
(2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as

WEDNESDAY, MARCH 8, 1989

1979

will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment.
(3) The county tax receiver or tax commissioner shall enter upon the tax digest as the basis or value of a parcel of rehabilitated historic property a value equal to the greater of the acquisition cost of the property or the assessment of the fair market value of the prop erty as recorded in the county tax digest at the time preliminary certification on such prop erty was received by the county board of tax assessors pursuant to subsection (c) of this Code section. Property classified as rehabilitated historic property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation 'rehabilitated historic property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The tax commissioner or tax receiver shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2.
(h) When property has once been classified and assessed as rehabilitated historic prop erty, it shall remain so classified and be granted the special assessment until the property becomes disqualified by any one of the following:
(1) Written notice by the tax payer to the county tax commissioner or receiver to re move the preferential classification and assessment;
(2) Sale or transfer of ownership making the property exempt from property taxation;
(3) Decertification of such property by the Department of Natural Resources. The De partment of Natural Resources has the authority to decertify any property which no longer possesses the qualities and features which made it eligible for the Georgia Register of His toric Places or which has been altered through inappropriate rehabilitation as determined by the Department of Natural Resources. The sale or transfer to a new owner shall not operate to disqualify the property from preferential classification and assessment so long as the property continues to qualify as rehabilitated historic property. When for any reason the property or any portion thereof ceases to qualify as rehabilitated historic property, the owner at the time of change shall notify the Department of Natural Resources and the county board of tax assessors prior to the next January; or
(4) The expiration of nine years during which the property was classified and assessed as rehabilitated historic property; provided, however, that any such property may qualify thereafter as rehabilitated historic property if such property is subject to subsequent reha bilitation and qualifies under the provisions of this Code section.
(1) Any person who is aggrieved or adversely affected by any order or action of the Department of Natural Resources pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hear ing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the Department of Natural Resources, shall have the right of judicial review thereof in ac cordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(j) (1) The taxes and interest deferred pursuant to this Code section shall constitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under this title, but the deferred taxes and interest shall only be due, payable, and delinquent as provided in this Code section.
(2) Liens for taxes deferred under this Code section, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pur suant to Chapter 5 of Title 53."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 225.

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 Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

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

Not voting were Senators Harris and Howard.

On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 225.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 165. 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 change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions re lating to procedures for qualification of candidates generally.

The House substitute to SB 165 was as follows:

A BILL
To be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to change the date of the general primary; to change the provisions relating to procedures for qualification of candidates gen erally; to change the provisions relating to the fixing and publishing of qualification fees; to change the provisions relating to the filing of notice of candidacy, nomination petition, and affidavit; to change the provisions relating to the restriction on nominated candidate's with drawal and filling of vacancy following withdrawal; to change the provisions relating to the date of the general primary; to change the provisions relating to qualification of candidates for party nomination in a primary; to change the provisions relating to certification of politi cal party candidates; to change the provisions relating to the nomination of presidential electors and candidates of political bodies by convention; to change the provisions relating to the holding of conventions; to change the provisions relating to preparation and delivery

WEDNESDAY, MARCH 8, 1989

1981

of ballots, envelopes, and other supplies; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," is amended by striking in its entirety Code Section 21-2-131, relat ing to the fixing and publishing of qualification fees, and inserting in lieu thereof a new Code Section 21-2-131 to read as follows:
"21-2-131. (a) Qualification fees for party and public offices shall be fixed and published as follows:
(1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or elec tion. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secre tary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office.
(b) Qualifying fees shall be paid as follows:
(1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies;
(2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate.
(c) Qualifying fees shall be prorated and distributed as follows:
(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the su perintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election;
(2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifi cations in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office

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sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election;
(3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election;
(4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: 25 percent to be transmitted to the state treasury; 75 percent to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election."
Section 2. Said chapter is further amended by striking in their entirety subsections (a) through (d) of Code Section 21-2-132, relating to the filing of notice of candidacy, nomina tion petition, and affidavit, and inserting in lieu thereof new subsections (a) through (d) to read as follows:
"(a) The names of nominees of political parties nominated in a primary and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section.
(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Su preme Court shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday follow ing the fourth Monday in April.
(c) All other candidates shall file their notice of candidacy and pay the prescribed quali fying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general

WEDNESDAY, MARCH 8, 1989

1983

election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election.
(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he filed his notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incum bent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter;
(4) A candidate seeking election to the office of judge of a state court, judge of a supe rior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or
(5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candi dates for state-wide public office under the provisions of Code Section 21-2-180."
Section 3. Said chapter is further amended by striking in its entirety Code Section 21-2134, relating to the restriction on nominated candidate's withdrawal and on filling of va cancy following withdrawal, and inserting in lieu thereof a new Code Section 21-2-134 to read as follows:
"21-2-134. (a) No candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate.
(b) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the fol lowing manner:
(1) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive com mittee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a conven ient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairman and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive com mittee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according

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to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A twothird's majority of the delegates of such county executive committees shall constitute a quo rum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the con vention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for the purpose;
(2) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state execu tive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclu sively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; and
(3) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommit tee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualifi cation of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been noti fied of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive commit tee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that pur pose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult.
(c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the death or disqualification of any candidate after nomination, may be filled by a substitute nomination made by such committee as is author ized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket.

WEDNESDAY, MARCH 8, 1989

1985

(d) If the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the va cancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as pro vided in Code Section 21-2-540.
(e) In the event a candidate dies or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner:
(1) If the vacancy occurs prior to 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a ma jority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and
(2) If the vacancy occurs within 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall re open qualifications for any state office and the election superintendent shall reopen qualifi cations for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election.
(f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secre tary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths."
Section 4. Said chapter is further amended by striking in its entirety Code Section 21-2150, relating to the date of the general primary and date of the nonpartisan primary, and inserting in lieu thereof a new Code Section 21-2-150 to read as follows:
"21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section.
(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each evennumbered year, except as provided in subsection (c) of this Code section.
(c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the po litical party whose candidates received the next highest number of votes in the last presi dential election, the general primary shall be conducted on the second Tuesday in July of

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such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a pri mary, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease quali fying at 12:00 Noon on the Friday following the fourth Monday in April. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 6. Said chapter is further amended by striking in its entirety Code Section 21-2154, relating to certification of political party candidates, and inserting in lieu thereof a new Code Section 21-2-154 to read as follows:
"21-2-154. At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding general primary election. Such certification shall be accompanied by one-half of the qualifying fees paid by such candidates as prescribed in Code Section 21-2-131. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter."
Section 7. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 21-2-172, relating to the nomination of presidential electors and candidates of political bodies by convention, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A convention for the purpose of nominating candidates shall be held at least 150 days prior to the date on which the general election is conducted."
Section 8. Said chapter is further amended by striking in its entirety Code Section 21-2187, relating to the holding of conventions, and inserting in lieu thereof a new Code Section 21-2-187 to read as follows:
"21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Mon day in June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the second Tuesday in July following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the the general election ballot."
Section 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-384, relating to preparation and delivery of ballots, envelopes, and other supplies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 45 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The board of regis trars shall, within two days after the receipt of such supplies, deliver or mail official absen tee ballots to all eligible applicants; and, as additional applicants are determined to be eligi ble, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office

WEDNESDAY, MARCH 8, 1989

1987

of the board of registrars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or deliv ered to an elector and the date it is returned shall be entered on the application therefor. The registrar may deliver on the day of a primary or election an absentee ballot to a person confined to a hospital. In the event an absentee ballot which has been mailed by the board of registrars is not received by the applicant, the applicant may notify the board of regis trars and sign an affidavit stating that the absentee ballot has not been received. The board of registrars shall then issue a second absentee ballot to the applicant and cancel the origi nal ballot issued. The affidavit shall be attached to the original application. A second appli cation for an absentee ballot shall not be required."
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate disagree to the House substitute to SB 165.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 165.

The following general resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 16. By Representative Buck of the 95th: A resolution compensating Mr. Aaron E. Boutwell in the sum of $726.79. Senate Sponsor: Senator Dean of the 31st.

The report of the corflmittee, which was favorable to the adoption of the resolution, was

agreed to.

'

On the resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun
Burton Clay Coleman Collins Coverdell Deal
Dean Echols

English Engram Fincher Foster Fuller Garner Gillis Hammill
Howard Huggins Johnson Kennedy Kidd Land
Langford McKenzie

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray
Scott of 36th Shumake Starr Tate Timmons Turner
Tysinger Walker

Voting in the negative was Senator Scott of 2nd.

Those not voting were Senators:

Dawkins Edge Harris

Newbill Ragan of 10th

Stumbaugh Taylor

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 48, nays 1.

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

HR 76. By Representative Isakson of the 21st: A resolution compensating G. Douglas Fuller and Alice K. Fuller in the sum of $250.00.
Senate Sponsor: Senator Dean of the 31st.

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

On the resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols

English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Scott of 2nd.

Those not voting were Senators:

Dawkins Edge Harris

Newbill Ragan of 10th

Stumbaugh Taylor

On the adoption of the resolution, the yeas were 48, nays 1.

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

HR 90. By Representative Aaron of the 56th: A resolution compensating Mr. Marvrick Long in the sum of $342.36. Senate Sponsor: Senator Dean of the 31st.

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

WEDNESDAY, MARCH 8, 1989

1989

On the resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols

English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Scott of 2nd.

Those not voting were Senators:

Dawkins Edge Harris

Newbill Ragan of 10th

Stumbaugh Taylor

On the adoption of the resolution, the yeas were 48, nays 1.

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

HR 218. By Representative Smith of the 78th: A resolution compensating Mr. Charles W. England in the sum of $9,775.00. Senate Sponsor: Senator Dean of the 31st.

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

On the resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman

Collins Coverdell Deal Dean Echols English Engram Fincher Foster Fuller Garner

Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Olmstead

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JOURNAL OF THE SENATE

Parker Peevy Perry Phillips Pollard

Ragan of 32nd Ray Scott of 36th Shumake Starr

Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Scott of 2nd.

Those not voting were Senators:

Dawkins Edge Harris

Newbill Ragan of 10th

Stumbaugh Taylor

On the adoption of the resolution, the yeas were 48, nays 1.

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

HR 241. By Representative Coleman of the 118th: A resolution compensating Frances and Bob Hancock in the sum of $58,966.00. Senate Sponsor: Senator Dean of the 31st.

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

On the resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols

English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Scott of 2nd.

Those not voting were Senators:

Dawkins Edge Harris

Newbill Ragan of 10th

Stumbaugh Taylor

On the adoption of the resolution, the yeas were 48, nays 1.

WEDNESDAY, MARCH 8, 1989

1991

The resolution, having received the requisite constitutional majority, was adopted.
The President announced that the Senate would stand in recess from 5:00 o'clock P.M. until 5:20 o'clock P.M.
At 5:25 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 329. By Senator Peevy of the 48th: A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed.
SB 25. By Senator Barnes of the 33rd: A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict.
SB 287. By Senators Deal of the 49th and Peevy of the 48th: A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the con duct of delinquency proceedings, so as to change the provisions relating to the district attorney or a member of his staff conducting proceedings on behalf of the state; to repeal certain provisions relating to requests.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
SB 255. By Senator Deal of the 49th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court.
SB 240. By Senators Ray of the 19th, Kennedy of the 4th and Timmons of the llth: A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.
The House insists on its position in disagreeing to the Senate substitute, and has ap-

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JOURNAL OF THE SENATE

pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th, Birdsong of the 104th, Moultrie of the 93rd and Richardson of the 52nd:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.
The Speaker has appointed on the part of the House, Representatives Childers of the 15th, Pannell of the 122nd and Parham of the 105th.
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 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.
The Speaker has appointed on the part of the House, Representatives Colwell of the 4th, Foster of the 6th and Watts of the 41st.
The House insists on its position in substituting the following bill of the Senate:
SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.
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 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd, Crawford of the 5th, Davis of the 72nd and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.
The Speaker has appointed on the part of the House, Representatives Milam of the 81st, Ware of the 77th and Alford of the 57th.

WEDNESDAY, MARCH 8, 1989

1993

The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

HB 789. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to create the Rome-Floyd County Commission on Children and Youth.

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

HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.

The Conference Committee report on HB 474 was as follows:

The Committee of Conference on HB 474 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 474 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Terrell A. Starr Senator, 44th District
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Terry L. Coleman Representative, 118th District
/s/ William J. Dover Representative, llth District
/s/ Calvin Smyre Representative, 92nd District

Conference Committee substitute to HB 474:

A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services; to state legislative intent with respect to use of tax proceeds; to provide for exemptions for certain food items with respect to the levy or imposition of certain sales and use taxation; to change certain provisions relating to exemptions with respect to the levy or imposition of sales and use taxes; to provide for application of sales and use taxes with respect to certain sales of motor fuels; to provide for conforming changes with respect to imposition of taxes, collection from dealers, disposition of certain excess taxes, compensa tion of dealers for reporting and paying taxes, and payment of taxes by certain contractors; to provide that certain exemptions from the state sales and use tax shall not be applicable to the joint county and municipal sales and use tax or to the special county 1 percent sales and use tax and certain other local sales and use taxes; to delete provisions relating to the automatic repeal of the special purpose county local sales and use tax; to delete provisions limiting the maximum aggregate amount of taxes levied on rooms, lodgings, and accommo dations furnished to the public; to provide for other matters relative to the foregoing; to state legislative intent; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intention of the General Assembly that the revenue generated by the increase in the state sales and use tax provided for in this Act shall be used in part for general governmental purposes and in part for grants of funds to political subdivisions of the state to provide ad valorem tax relief. The General Assembly recognizes and intends that all such revenue is to be paid into the general fund of the state treasury and subject to the normal budgetary and appropriations process, but it is the intention of the General Assembly that a portion of such revenue shall be appropriated to fund such grants for ad valorem tax relief purposes.
Section 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (43) of Code Section 48-8-3, relating to exemp tions regarding the state sales and use tax, which reads as follows:
"(43) Sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 except motor fuel other than gasoline purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title;",
and inserting in its place a new paragraph (43) to read as follows:
"(43) Reserved;"
Section 3. Said title is further amended by striking "or" at the end of paragraph (52), by striking the period at the end of paragraph (53) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (53) of Code Section 48-8-3, relat ing to exemptions regarding the state sales and use tax, to be designated paragraph (54), to read as follows:
"(54) (A) On and after September 1, 1990, the retail sale for off-premises human con sumption, use, or consumption of: fresh, uncooked, and not canned or processed poultry, fish, beef, seafood, and pork (including pork sausage); fresh eggs; milk, cream, ice cream, sherbet, and yogurt; flour, flour mixes, cornmeal, grits, and milled rice; bread, biscuits, rolls, and muffins; fresh, uncooked, and not canned or processed fruits (including citrus fruits and melons); fresh, uncooked, and not canned or processed vegetables; honey; peanuts and pe cans; baby food and baby formula; salt and sugar, salt and sugar substitutes, and other sweeteners and syrups. The exemptions provided for in this paragraph shall not apply to retail sales or sales at retail of food transacted at any food service establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products, including restaurants; coffee shops; cafeterias; short order cafes; luncheon ettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or sal ads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and oper ations connected therewith; and similar facilities by whatever name called.
(B) The exemptions provided for in subparagraph (A) of this paragraph shall not apply with respect to any local sales tax, local use tax, or local sales and use tax which is first levied or imposed before January 1, 1991, but shall apply with respect to any such tax which is first levied or imposed on or after January 1, 1991. For the purposes of this subparagraph, the taxes affected are any sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursu ant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; or by or pursuant to Article 3 of this chapter. In addition, for purposes only of a reference to the state tax or this article in the laws imposing such local sales and use taxes, the state sales and use tax levied or imposed by this article shall be deemed not to include the exemptions provided for in subparagraph (A) of this paragraph, notwithstanding any provision to the contrary in the laws imposing such taxes. For the purposes of this subpara graph, a tax shall be considered to be levied or imposed on or after January 1, 1991, if: (i) the same tax or a similar tax was imposed prior to that date; (ii) the tax imposed prior to

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that date, under the terms of the law authorizing the tax, expires on or after January 1, 1991; and (iii) the same or a similar tax is on or after such expiration reimposed on or after January 1, 1991, with or without any intervening period of time."
Section 4. Said title is further amended by adding a new Code section immediately following Code Section 48-8-3, to be designated Code Section 48-8-3.1, to read as follows:
"48-8-3.1. (a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article.
(b) Sales of motor fuel other than gasoline which motor fuel other than gasoline is pur chased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article.
(c) It is specifically declared to be the intent of the General Assembly that taxation imposed on sales of motor fuel wholly or partially subject to taxation under this Code sec tion shall not constitute motor fuel taxes for purposes of any provision of the Constitution providing for the automatic or mandatory appropriation of any amount of funds equal to funds derived from motor fuel taxes."
Section 5. Said title is further amended by striking Code Section 48-8-30, relating to the imposition of the state sales and use tax, and inserting in its place a new Code Section 48-830 to read as follows:
"48-8-30. (a) There is levied and imposed a tax on the retail purchase, retail sale, rental, storage, use, or consumption of tangible personal property and on the services described in this article.
(b) (1) Every purchaser of tangible personal property at retail in this state shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person making a sale or sales of tangible personal property at retail in this state shall be a retailer and a dealer and shall be liable for a tax on the sale at the rate of 4 percent of the gross sale or gross sales, or the amount of taxes collected by him from his purchaser or purchasers, whichever is greater.
(2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail.
(c) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price or fair market value of the property, whichever is the lesser. This subsection shall not be construed to require a duplication in the payment of the tax. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes pre viously paid in another state.
(d) (1) Every person to whom tangible personal property in the state is leased or rented shall be liable for a tax on the lease or rental at the rate of 4 percent of the gross lease or rental charge. The tax shall be paid to the person who leases or rents the property by the person to whom the property is leased or rented. A person who leases or rents property to others as a dealer under this article shall remit the tax to the commissioner as provided in this article. When received by the commissioner, the tax shall be a credit against the tax imposed on the person who leases or rents the property to others. Every person who leases or rents tangible personal property in this state to others shall be a dealer and shall be liable for a tax on the lease or rental at the rate of 4 percent of the gross lease or rental

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proceeds, or the amount of taxes collected by him from persons to whom he leases or rents tangible personal property, whichever is greater.
(2) No lease or rental shall be taxable to the person who leases or rents tangible prop erty to another which is not taxable to the person to whom the property is leased or rented.
(3) The lessee of both taxable and exempt property in this state under a single lease agreement containing a lease period of ten years or more shall have the option to discharge in full all sales and use taxes imposed by this article relating to the tangible personal prop erty by paying in a lump sum 4 percent of the fair market value of the tangible personal property at the date of inception of the lease agreement in the same manner and under the same conditions applicable to sales of the tangible personal property.
(e) Upon the first instance of use within this state of tangible personal property leased or rented outside this state, the person to whom the property is leased or rented shall be a dealer and shall be liable for a tax at the rate of 4 percent of the rental charge paid to the person who leased or rented the property, subject to the credit authorized for like taxes previously paid in another state.
(f) (1) Every person purchasing or receiving any service within this state, the purchase of which is a retail sale, shall be liable for tax on the purchase at the rate of 4 percent of the gross charge or charges made for the purchase. The tax shall be paid by the person purchas ing or receiving the service to the person furnishing the service. The person furnishing the service, as a dealer under this article, shall remit the tax to the commissioner as provided in this article; and, when received by the commissioner, the tax shall be a credit against the tax imposed on the person furnishing the service. Every person furnishing a service, the purchase of which is a retail sale, shall be a dealer and shall be liable for a tax on the sale at the rate of 4 percent of the gross charge or charges made for furnishing the service, or the amount of taxes collected by him from the person to whom the service is furnished, which ever is greater.
(2) No sale of services shall be taxable to the person furnishing the service which is not taxable to the purchaser of the service.
(g) Whenever a purchaser of tangible personal property under subsection (b) of this Code section, a lessee or renter of the property under subsection (d) of this Code section, or a purchaser of tangible services under subsection (f) of this Code section does not pay the tax imposed upon him to the retailer, lessor, or dealer who rents involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself and the commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who rents involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who rents involved.
(h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross pro ceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept sepa rately, the tax shall be paid as a retailer or dealer on the gross sales of the business.
(i) The tax levied by this Code section is in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied."
Section 6. Said title is further amended by striking Code Section 48-8-32, relating to collection of the tax from dealers, and inserting in its place a new Code Section 48-8-32 to read as follows:
"48-8-32. The tax at the rate of 4 percent of the retail sales price at the time of sale or 4

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1997

percent of the cost price at the time of purchase, as the case may be, shall be collectable from all persons engaged as dealers in the sale at retail, or in the use, consumption, distribu tion, or storage for use or consumption in this state of tangible personal property."
Section 7. Said title is further amended by striking Code Section 48-8-43, relating to disposition of certain excess taxes, and inserting in its place a new Code Section 48-8-43 to read as follows:
"48-8-43. When the tax collected for any period is in excess of 4 percent, the total tax collected shall be paid over to the commissioner less the compensation to be allowed the dealer."
Section 8. Said title is further amended by striking subsection (b) of Code Section 48-849, relating to dealers' sales and use tax returns and estimated tax liabilities, and inserting in its place a new subsection (b) to read as follows:
"(b) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his average monthly payments for the last fiscal year or his payment for the corre sponding month of the last fiscal year. If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commis sioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsec tion (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500.00 per month for three consecutive months or more. No local sales taxes shall be included in determining any esti mated tax liability."
Section 9. Said title is further amended by striking subsection (d) of Code Section 48-863, relating to payment of the tax by certain contractors, and inserting in its place a new subsection (d) to read as follows:
"(d) (1) Any person who subcontracts with a general or prime contractor shall be liable under this article as a general or prime contractor. The general or prime contractor shall withhold up to 4 percent of the payments due the subcontractor arising out of the contract entered into between the general and prime contractor in satisfaction of any sales or use taxes owed this state.
(2) The prime or general contractor shall withhold payments as provided in paragraph (1) of this subsection until the subcontractor furnishes him with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 percent of the payments due the subcontractor under their contract, he shall become liable for any sales or use taxes due or owed this state by the subcontractor."
Section 10. Said title is further amended by striking Code Section 48-8-82, relating to the imposition and applicability of the joint county and municipal sales and use tax, and inserting in its place a new Code Section 48-8-82 to read as follows:
"48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall corre spond to the tax imposed and administered by Article 1 of this chapter. No item or transac tion which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food to the extent provided for in paragraph (54) of Code Section 48-8-3."

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Section 11. Said title is further amended by striking Code Section 48-8-110, relating to the imposition and applicability of the special county 1 percent sales and use tax, and in serting in its place a new Code Section 48-8-110 to read as follows:
"48-8-110. The governing authority of any county in this state may, subject to the re quirement of referendum approval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transac tion which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food to the extent provided for in paragraph (54) of Code Section 48-8-3."
Section 12. Said title is further amended by repealing in its entirety Code Section 48-8122 which reads 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 13. Said title is further amended in Code Section 48-13-51, relating to local excise taxation of rooms, lodgings, and accommodations, by:
(1) Striking from the last sentence of paragraph (1) of subsection (a) the following:
", nor shall the aggregate amount of taxes levied upon the fees or charges for any rooms, lodgings, or accommodations exceed 8 percent of the charge to the public for the furnishings";
(2) Striking from the first sentence of paragraph (3) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 10 percent";
(3) Striking from the first sentence of paragraph (4) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 11 percent";
(4) Striking from the first sentence of paragraph (5) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 12 percent"; and
(5) Striking from the first and second sentences of paragraph (7) of subsection (a) the following:
" 'aggregate taxes' and 'the aggregate amount of all taxes' shall mean all excise taxes, sales and use taxes, and other taxes imposed by a county or municipality, or both, which are imposed directly upon the transactions identified in paragraph (1) of this subsection. The terms".
Section 14. In the event that any other Act of the 1989 General Assembly amends Arti cle 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, it is the intention of the General Assembly that the provisions of such other Act control over the provisions of this Act, except that it is the intention of the General Assembly that the increase in the rate

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1999

of state sales and use taxation provided for in this Act shall not operate to decrease the maximum rate of taxes which may be imposed by local governments under said article as now existing or as it may be amended; and for this limited purpose, the provisions of this Act and particularly of this statement of intent shall control over the provisions of such other Act, notwithstanding any limitation on maximum aggregate amounts of taxation which may be contained in such other Act.
Section 15. (a) As used in this section, the term "building and construction materials" means all building and construction materials, supplies, fixtures, or equipment, any combi nation of such items, and any other leased or purchased articles when the materials, sup plies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract.
(b) The increased rate of state sales and use taxation provided for in this Act shall not apply with respect to the sale or use of building and construction materials when the con tract pursuant to which the materials are purchased or used was advertised for bid prior to April 1, 1989, and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to April 1, 1989; provided, however, that any such sale or use shall remain fully taxable at the prior rate of taxation.
(c) With respect to services which are regularly billed on a monthly basis, the increased rate of state sales and use taxation provided for in this Act shall apply to services billed on or after April 1, 1989; provided, however, that any such services billed prior to such date shall remain fully taxable at the prior rate of taxation.
Section 16. This Act shall become effective on April 1, 1989.
Section 17. 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 474.

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
Cor?leumn an DDaewalkms Dean Echols English Engram Foster

Fuller Gillis Hammill Huggins
JKoehnnnseodny KT^ld.Jd. Langford McKenzie Olmstead Parker Perry

Pollard Ragan of 10th Ray Scott of 2nd
SShcoutmt aokfe36th S0 *tarr Tate Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Albert Barker Barnes Burton Clay Collins

Coverdell Edge Fincher Garner Howard Land

Newbill Peevy Phillips Ragan of 32nd Stumbaugh Tysinger

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JOURNAL OF THE SENATE

Not voting was Senator Harris.
On the motion, the yeas were 37, nays 18; the motion prevailed, and the Senate adopted the Conference Committee report on HB 474.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 183. By Senators Pollard of the 24th and Deal of the 49th: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to au thorize the use of electronic or automated methods or systems of record keeping.
Senator Pollard of the 24th moved that the Senate adhere to the Senate amendment to House amendment No. 2 to SB 183, and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to House amendment No. 2 to SB 183.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Peevy of the 48th and Pollard of the 24th.
The following resolution of the House was read and put upon its adoption:
HR 448. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others: A resolution relative to adjournment by the General Assembly at 10:00 o'clock P.M. on Wednesday, March 8, 1989, and to reconvene at 10:00 o'clock A.M. on Monday, March 13, 1989.
On the adoption of the resolution, the yeas were 43, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
The following bills of the House and Senate were taken up for the purpose of consider ing the House action thereon:
HB 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd and others: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.
Senator Gillis of the 20th moved that the Senate adhere to the Senate substitute to HB 719, 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 719.

WEDNESDAY, MARCH 8, 1989

2001

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Gillis of the 20th, English of the 21st and McKenzie of the 14th.
SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and Phillips of the 9th: A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relat ing to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.
Senator Johnson of the 47th moved that the Senate adhere to its disagreement to the House amendment to SB 185, 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 amendment to SB 185.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Johnson of the 47th, Olmstead of the 26th and Albert of the 23rd.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provi sions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.
The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Robinson of the 96th and Porter of the 119th.
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 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd: A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child wel fare services and services to courts.

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The Speaker has appointed on the part of the House, Representatives Pettit of the 19th, Teper of the 46th and Moultrie of the 93rd.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 469. By Representative Thompson of the 20th: A bill to amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so as to authorize grants of county and municipal funds to certain family violence centers.
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 1. By Senator Foster of the 50th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for land-disturbing ac tivities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent; to direct local governments to prepare and adopt land use plans and ordinances.
The Speaker has appointed on the part of the House, Representatives Crawford of the 5th, Colwell of the 4th and Twiggs of the 4th.
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 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd and Coleman of the 1st: A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contri butions to or on behalf of the person holding office as Commissioner of Insurance.
The Speaker has appointed on the part of the House, Representatives Ware of the 77th, Groover of the 99th and Lawson of the 9th.
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 86. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th: A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.
The Speaker has appointed on the part of the House, Representatives Smyre of the 92nd, Patten of the 149th and Groover of the 99th.

WEDNESDAY, MARCH 8, 1989

2003

The House insists on its position in substituting the following bill of the Senate:
SB 165. 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 change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions re lating to procedures for qualification of candidates generally.
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 270. By Senator Barnes of the 33rd: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.
The Speaker has appointed on the part of the House, Representatives Groover of the 99th, Lee of the 72nd and Connell of the 87th.
Serving as doctor of the day today was Dr. Robert Williams of Dunwoody, Georgia.
Senator Allgood of the 22nd moved that the Senate stand in recess until 10:00 o'clock P.M. and then stand adjourned, pursuant to HR 448, adopted previously, until 10:00 o'clock A.M. on Monday, March 13; the motion prevailed.
At 6:16 o'clock P.M., the President announced the Senate would stand in recess until 10:00 o'clock P.M. and then stand adjourned, pursuant to HR 448, adopted previously, until 10:00 o'clock A.M. on Monday, March 13.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, March 13, 1989
Thirty-ninth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of March 8 had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitutes to the following bills of the House:
HB 959. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th:
A bill to provide for the Athens-Clarke 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 proper to encourage the treatment of persons for alcohol and substance abuse.
HB 601. By Representative McDonald of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a handicapped identification card; to provide for definitions; to provide for certain information contained on such card; to provide for application and renewal; to provide for rules and regula tions; to provide for proof of birth date.
HB 972. By Representative Carter of the 146th: A bill to amend an Act establishing a new charter for the Town of Sparks.
HB 154. By Representatives Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions re lating to state minimum standard codes; to change the definition of the term "state minimum standard codes".
HB 252. By Representatives Robinson of the 96th, Groover of the 99th and Bishop of the 94th:
A bill to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to contracts in general, so as to provide a statutory determination of what constitutes a trade secret; to provide that contractual rights or other rights relating to trade secrets shall be construed according to such statutory determination.

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2005

HB 637. By Representatives Barnett of the 10th, Harris of the 84th and Birdsong of the 104th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, so as to change and revise the provi sions regarding notification of the individual against whom such an execution has been issued.
HB 70. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for condi tions, procedures, and requirements relating thereto.
HB 166. By Representative Birdsong of the 104th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools so as to prohibit the up braiding, insulting, or abusing of any public school teacher or public school bus driver upon the premises of any public school in the presence and hearing of a pupil thereof.
HB 576. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to procedures and requirements applicable to probationers who violate the terms of probation, so as to provide that when probation is revoked in a county other than the county of original conviction, the probationer shall be transferred to the jail of the county of original conviction for service of the period of revocation or to await formal commitment.
HB 1022. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer; to provide for an alternative salary under certain conditions.
HB 443. By Representative Porter of the 119th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal court, so as to provide jurisdiction to probate and municipal courts to try traffic offenses under state law in any county which has a city, county, or state court.
HB 340. By Representatives Byrd of the 153rd, Watson of the 114th and Bargeron of the 108th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission shall maintain certain records; to provide for qualifica tions of real estate brokers; to clarify a reference regarding the authority of a nonresident corporation to transact business in Georgia.
HB 182. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of in-

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surance, so as to require property and casualty insurers to engage the services of a qualified independent loss reserve specialist under certain circumstances.
HB 875. By Representative Stancil of the 66th:
A bill to create the Morgan County Water and Sewerage Authority.
The House has agreed to the Senate amendments to the following bills of the House:
HB 990. By Representatives Atkins of the 21st, Howren of the 20th, Aiken of the 21st, Vaughan of the 20th, Gresham of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to change the compensation of said judge.
HB 501. By Representatives Bannister of the 62nd and Barnett of the 59th:
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 ex empt persons not domiciled in Georgia from certain provisions.
HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Anno tated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursu ant to probation revocation in alternatives to include community service, inten sive probation, diversion centers, probation detention centers, special alternative incarceration.
HB 123. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the provisions regarding notices of foreclosure of the right to redeem; to change the provisions regarding ripening of tax deed titles by prescription.
HB 592. By Representatives Smith of the 152nd, Byrd of the 153rd, Jackson of the 9th, Moody of the 153rd, Mangum of the 57th and others:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 40, so as to change the definition of the term "school bus".
HB 965. By Representative Greene of the 130th:
A bill to create a board of commissioners of Webster County.
HB 590. By Representatives Thompson of the 20th and Simpson of the 70th:
A bill to amend Code Section 17-6-2 of the Official Code of Georgia Annotated, relating to acceptance of bail in misdemeanor cases generally, so as to provide for the acceptance of chauffeur's or driver's licenses and acknowledgments and agreements relating thereto in lieu of bail in certain misdemeanor cases and pro vide for conditions and procedures relating thereto.

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2007

The House has agreed to the Senate substitutes to the following resolutions of the House:
HR 162. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A resolution creating the Access to Health Care Commission.
HR 101. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun.
The House has agreed to the Senate amendment to the House substitute to the follow ing bill of the Senate:
SB 49. By Senators Stumbaugh of the 55th, Peevy of the 48th, Kidd of the 25th and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related organizations with re spect to insurance, so as to provide for a reduction in premium charges for cer tain motor vehicle insurance coverage for persons 55 years of age or older who complete a motor vehicle accident prevention course.
The House has agreed to the Senate amendment to the House substitute to the follow ing bill of the Senate:
SB 37. By Senators Peevy of the 48th, Dawkins of the 45th and Dean of the 31st: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official on the grounds that such official has, while holding any public of fice, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 166. By Senator Kidd of the 25th: A bill to amend an Act creating county courts (now state courts) in certain desig nated counties of this state, as amended, so as to change the compensation provi sions relating to the judge and the solicitor of the State Court of Baldwin County; to provide that the offices of judge and solicitor of the State Court of Baldwin County shall be full-time positions.
SB 241. By Senators Langford of the 35th, Kidd of the 25th, Walker of the 43rd and others: A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, so as to extend the existence of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
SB 41. 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

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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.

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

SR 142. By Senators Coleman of the 1st, Kennedy of the 4th, Scott of the 2nd and others:
A resolution urging the United States Congress to remove federal transportation trust funds from the federal budget.

The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:

HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.

HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal prop erty and on certain services.

SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.

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

Mr. President:

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

SB 405. Do pass.

HB 924. Do pass.

SB 406. Do pass.

HB 925. Do pass.

HR 405. Do pass. HB 778. Do pass.

HB 927. Do pass. HB 928. Do pass.

HB 802. Do pass.

HB 993. Do pass.

HB 837. Do pass. HB 881. Do pass.

HB 994. Do pass. HB 1010. Do pass.

HB 883. Do pass by substitute.

HB 1017. Do pass.

HB 918. Do pass.

HB 1027. Do pass.

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2009

HB 1039. HB 1041. HB 1042. HB 1043. HB 1044. HB 1046. HB 1048. uHnB m 105rc6. HB 1057.
HB 1058. HB 1059.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. rD>o pass. Do pass.
Do pass. Do pass.

HB 1060. HB 1061. HB 1062 HB 1Q63

Do pass. Do pass. Do paas. Do pags

HB 1064. Do pass. HB 1065. Do pass.
HB 1066' Do Pass'
HB 1067 ' Do Pass' HB 1068. Do pass. HB 1075. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman

Mr. President:

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

SR 220. Do pass. SR 225. Do pass. SR 243. Do pass. SR 244. Do pass.

SR 245. Do pass. SR 246. Do pass. SR 247. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

The following resolutions of the Senate were read the second time:

SR 220. By Senators Barker of the 18th and Kidd of the 25th:
A resolution creating the Senate Youth Conservation and Service Corps Study Committee.

SR 225. By Senators Olmstead of the 26th and Kidd of the 25th: A resolution creating the Senate Joint Custody Study Committee.

SR 243. By Senators Ray of the 19th, Kidd of the 25th and Gillis of the 20th:
A resolution urging the Board of Regents of the University System of Georgia to convert Middle Georgia College into a four-year college.

SR 244. By Senator Dawkins of the 45th:
A resolution creating the Senate Study Committee on Cost Display on State Publications.

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SR 245. By Senators Langford of the 35th, Kidd of the 25th, Walker of the 43rd and others:
A resolution creating the Senate Wrecker Service Study Committee.

SR 246. By Senators Tate of the 38th, Foster of the 50th and Ray of the 19th:
A resolution creating the Senate Study Committee on Minority Education in the Public Schools.

SR 247. By Senators Walker of the 43rd, Olmstead of the 26th, Coleman of the 1st and others:
A resolution urging the State Board of Education to facilitate an accurate census of population.

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

Albert Allgood Baldwin Barker Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner
Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford McKenzie Newbill

Those not answering were Senators:

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

Barnes Bowen Coverdell

Johnson Scott of 36th Starr

Tate Timmons Walker

Senator Hammill of the 3rd introduced the chaplain of the day, Reverend E. C. Tillman, pastor of Shiloh Baptist Church, Brunswick, Georgia, who offered scripture reading and prayer.

On the confirmation of the Governor's appointees on March 7, 1989, the following com-

MONDAY, MARCH 13, 1989

2011

munication was sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris, on March 10, 1989:
Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
March 10, 1989
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia
Dear Governor Harris:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 9, 1989, and on March 2, 1989, were acted upon by the Georgia State Senate in session on March 7, 1989, with the following results:
The following named persons as members of the State Board of Accountancy, for the term of office beginning September 30, 1988, and ending June 30, 1992: William W. Kidd of Dougherty County; Bryndis Roberts Jenkins of Clarke County; and John R. Jones of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Oscar L. Harris of Fulton County as a member of the State Board of Archi tects, for the term of office beginning August 12, 1988, and ending March 5, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Barbers, for the term of office beginning July 25, 1988, and ending July 25, 1991: Janice Beard of Houston County; and Joseph Fred Campbell of Gordon County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Winston Strickland of Bartow County as a member of the State Board of Barbers, for the term of office beginning July 5, 1988, and ending December 29, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the State Children's Trust Fund Commis sion, for the term of office beginning August 25, 1988, and ending June 30, 1990: Maurice Daniels, Ed.D., of Clarke County; Phyllis Frankel of Fulton County; William A. Landers of Floyd County; Robert C. Sise of Thomas County; and Mary Jamerson Ward of Clayton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the State Children's Trust Fund Commis sion, for the term of office beginning August 25, 1988, and ending June 30, 1991: Rebecca A. Cheatham of Chatham County; Kathryn K. Cheek, M.D., of Muscogee County; DeLutha H. King, M.D., of Fulton County; Barbara Levitas of DeKalb County; and Marlene P. MitchellTibbs, Ph.D., of Muscogee County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the State Children's Trust Fund Commis sion, for the term of office beginning August 25, 1988, and ending June 30, 1992: Walter M. Boomershine, Jr., of Cobb County; Juanita Carter, Ed.D., of DeKalb County; Lydia Jackson of Hall County; James Levi, M.D., of Bibb County; and J. Tom Morgan of DeKalb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.

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Honorable Hubert W. Whelchel, D.C., of Fulton County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning April 28, 1988, and ending August 20, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Valeria Paxton MacPhail of Cobb County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning January 12, 1989, and ending June 30, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Chiropractic Exam iners, for the term of office beginning January 12, 1989, and ending August 20, 1991: Hewett M. Alden, D.C., of Gwinnett County; and John Ellis, Jr., D.C. of Spalding County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Robert L. Brown, Jr., of DeKalb County as a member of the Board of Cor rections, for the term of office beginning September 1, 1988, and ending July 1, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Corrections, for the term of office beginning September 1, 1988, and ending July 1, 1993: Amon L. Corn of Forsyth County; and Gene Hodges of Muscogee County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the State Board of Cosmetology, for the term of office beginning September 14, 1988, and ending May 1, 1991: Myrtle Martin Fenner of Fulton County; and Paul R. La Mons of Cobb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Willie Ella Wilson of Cobb County as a member of the State Board of Cos metology, for the term of office beginning September 14, 1988, and ending July 1, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Alison Tara O'Neil of DeKalb County as a member of the State Board of Cosmetology, for the term of office beginning January 11, 1989, and ending May 1, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Carol Martin of Bibb County as a member of the State Board of Cosmetol ogy, for the term of office beginning January 11, 1989, and ending May 1, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Isaac S. Hadley, D.M.D., of Muscogee County as a member of the Georgia Board of Dentistry, for the term of office beginning March 18, 1988, and ending January 4, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Anne C. Hanse, D.D.S., of Bibb County as a member of the Georgia Board of Dentistry, for the term of office beginning May 25, 1988, and ending January 4, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Jeffrey A. Moritz, D.D.S., of Lowndes County as a member of the Georgia Board of Dentistry for the term of office beginning January 13, 1989, and ending August 1, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Albert J. Abrams of Bibb County as a member of the State Board of Educa tion, for the term of office beginning April 29, 1988, and ending January 1, 1995. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Claude Joe Sears of Brantley County as a member of the State Board of Education, for the term of office beginning May 11, 1988, and ending January 1, 1995. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

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2013

The following named persons as members of the Fair Employment Practices Board, for the term of office beginning December 15, 1988, and ending September 29, 1990: Roland E. Blending, Jr., of Fulton County; Phyllis Freeman, D.S.W., of Fulton County; and Thomas F. Jones of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nomi nees were confirmed.
The following named persons as members of the Fair Employment Practices Board, for the term of office beginning December 15, 1988, and ending September 29, 1991: Glenda Hatchett Johnson of Fulton County; John W. Oxendine of Gwinnett County; and Nancy Lane Stone of DeKalb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Daniel Craig Earnest of Whitfield County as a member of the State Board of Registration of Foresters, for the term of office beginning March 19,1988, and ending March 19, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable James Gowen Fendig of Chatham County as a member of the State Forestry Commission, for the term of office beginning January 26, 1989, and ending January 1, 1996. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Robert A. Ryan, Jr., of Dade County as a member of the State Board of Funeral Service, for the term of office beginning March 16, 1988, and ending February 13, 1994. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Valerie J. Wages of Gwinnett County as a member of the State Board of Funeral Service, for the term of office beginning March 16, 1988, and ending February 13, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Health Policy Council, for the term of office beginning January 12, 1989, and ending September 29, 1989: C. Jerome Adams of Coffee County; W. Douglas Arnold of Grady County; Norman D. Burkett of Whitfield County; A. Lucian Cousins, M.D., of Troup County; S. Boyd Eaton, M.D., of Fulton County; Alvin M. Evans, Sr., of Barrow County; Reverend Isaac Fitzgerald of Paulding County; Ruth H. Gershon of DeKalb County; Letitia Glover, Ph.D., of DeKalb County; Claudette Leak of DeKalb County; Betsy Startari-Lurev of Fulton County; Geneva Lyde of Glynn County; Lynne M. May of Fulton County; Johanna S. McMullan of Hart County; Commodore T. Mobley, Jr., M.D., of Douglas County; Geraldine Rinker of Richmond County; Frank R. Shaw of Fulton County; W. Douglas Skelton, M.D., of Bibb County; Jesse T. Smith of Floyd County; James S. Snow, D.O., of Mclntosh County; Anne G. Stroud, Ph.D., of Dougherty County; Martha H. Wade of Bartow County; Bill G. Waters of Floyd County; and Katherine L. Wetherbee of DeKalb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia State Board of Hearing Aid Dealers, for the term of office beginning January 10, 1989, and ending July 1, 1991: Sandra Henegan Alston of Clayton County; Frank Hoffman, M.D., of Chatham County; Hoyle D. Hood of Fulton County; and June Abbott Wall of Gwinnett County. The vote on this confir mation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Helena Stern Solodar of Fulton County as a member of the Georgia State Board of Hearing Aid Dealers, for the term of office beginning January 10, 1989, and ending July 1, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Human Resources, for the term of office beginning April 6, 1988, and ending April 6, 1993: H. Gordon Davis, Jr., M.D., of Worth County; and Laura S. Vann of Mitchell County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Thomas F. Farr of Clayton County as a member of the Board of Human Resources, for the term of office beginning August 12, 1988, and ending April 6, 1992. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

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Honorable Joseph Peeks, Ph.D., of Clayton County as a member of the Board of Human Resources, for the term of office beginning January 18, 1989, and ending April 6, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Industry and Trade, for the term of office beginning August 11, 1988, and ending July 1, 1993: Frank Barren of Floyd County; Robert W. Kinard of Whitfield County; and John S. LeGette of Grady County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable LaVerne C. Ogletree of Morgan County as a member of the Georgia Magis trate Courts Training Council, for the term of office beginning January 13, 1989, and ending August 7, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Richard T. de Mayo of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning September 7, 1988, and ending June 30, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Medical Assistance, for the term of office beginning August 17, 1988, and ending June 30, 1992: Ann McKee Parker of Fulton County; and Joseph H. Patterson, M.D., of Fulton County. The vote on this confir mation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Composite State Board of Medical Examiners, for the term of office beginning August 11, 1988, and ending September 1, 1990: Runette Flowers, M.D., of DeKalb County; and Irving T. Staley, M.D., of Cobb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Richard K. Chase, D.O., of Macon County as a member of the Composite State Board of Medical Examiners, for the term of office beginning August 11, 1988, and ending September 10, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Composite State Board of Medical Examiners, for the term of office beginning August 11, 1988 and ending September 1, 1991: Thomas J. Busey, Jr., M.D., of Fayette County; Ellis B. Keener, M.D., of Hall County; and Eloise B. Sherman, M.D., of Chatham County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable W. Gordon Irwin, D.O., of Hart County as a member of the Composite State Board of Medical Examiners, for the term of office beginning August 11, 1988, and ending September 10, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Donald L. Branyon, Jr., M.D., of Clarke County as a member of the Com posite State Board of Medical Examiners, for the term of office beginning February 2, 1989, and ending September 1, 1992. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Marjorie E. Lucas of Henry County as a member of the Composite State Board of Medical Examiners, for the term of office beginning February 2, 1989, and ending December 31, 1992. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Jack A. Raines, M.D., of Muscogee County as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 12, 1989, and ending September 1, 1992. The vote on this confirmation was yeas 46, nays 0, and the nomi nee was confirmed.

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2015

Honorable F. James Funk, Jr., M.D., of Fulton County as a member of the Composite State Board of Medical Examiners, for the term of office beginning February 2, 1989, and ending September 1, 1990. The vote on this confirmation was yeas 46, nays 0, and the nomi nee was confirmed.
Honorable Donald J. Carter of Hall County as a member of the Board of Natural Re sources, for the term of office beginning May 16, 1988, and ending January 1, 1995. The vote on this confirmation was yeas 46, nays 0, nd the nominee was confirmed.
Honorable James Griffin, Jr., of Dougherty County as a member of the Board of Natu ral Resources, for the term of office beginning May 16, 1988, and ending March 16, 1995. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Nursing, for the term of office beginning December 7, 1988, and ending September 23, 1991: Cennette Jackson, Ed.D., of Cobb County; and Barbara Jean McCant, R.N., of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Pamela C. Levi, Ed.D., of Bibb county as a member of the Georgia Board of Nursing, for the term of office beginning December 7, 1988, and ending September 29, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Kirk L. Smick, O.D., of Clayton County as a member of the State Board of Examiners in Optometry, for the term of office beginning March 23, 1988, and ending Sep tember 16, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Allan V. Wexler, O.D., F.A.A.O., of Chatham County as a member of the State Board of Examiners in Optometry, for the term of office beginning March 23, 1988, and ending September 6, 1988. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable James T. Morris of Clarke County as a member of the State Board of Par dons and Paroles, for the term of office beginning January 19, 1989, and ending December 31, 1995. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Paul G. Smaha, D.P.M., of Bibb County as a member of the State Board of Podiatry Examiners, for the term of office beginning June 3, 1988, and ending May 5, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning May 20, 1988, and ending December 31, 1990: Richard M. Christian of Dougherty County; Andrew A. Cox, Ed.D., of Harris County; Clinton E. Dye, Jr., of Fulton County; Howard V. Epstein, Ph.D., of DeKalb County; and Carl F. Johnson of DeKalb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Composite Board of Profes sional Counselors, Social Workers and Marriage and Family Therapists, for the term of of fice beginning December 31, 1988, and ending December 31, 1991; Polly Finlon Hale of Butts County; W. Worth Bridges, Jr., of Tift County; Albert L. Cardwell of Bibb County; Rosemary F. Funderburg of Fulton County; and B. Jane Skelton of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Charles R. Armour of DeKalb County as a member of the Board of Registra tion for Professional Engineers and Land Surveyors, for the term of office beginning Decem ber 6, 1988, and ending June 1, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

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Honorable Tommie M. Donaldson of Bibb County as a member of the Board of Regis tration for Professional Engineers and Land Surveyors, for the term of office beginning De cember 6, 1988, and ending July 1, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Professional Standards Commission, for the term of office beginning April 28, 1988, and ending November 19, 1990: Betty Black of Bartow County; Alphonse Buccino, Ph.D., of Clarke County; Faye Fox of Whitfield County; Thomas R. Hall, Ph.D., of DeKalb County; Betty Hickman of Fulton County; Helen Fay Lewis of Carroll County; and Delores McGhee of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Divida Gude of Fulton County as a member of the State Board of Examiners of Psychologists, for the term of office beginning November 18, 1988, and ending July 1, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable J. Lane Johnston of Bulloch County as a member of the Board of Public Safety, for the term of office beginning September 7, 1988, and ending January 20, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable A. Keith Logue of Cobb County as a member of the Board of Public Safety, for the term of office beginning September 7, 1988, and ending September 7, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Harold A. Dawson of Fulton County as a member of the Georgia Real Estate Commission, for the term of office beginning April 14, 1988, and ending January 25, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Rebecca K. Reeves of DeKalb County as a member of the State Board of Speech-Language Pathology and Audiology, for the term of office beginning July 1, 1988, and ending July 1, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Speech-Language Pa thology and Audiology, for the term of office beginning July 1, 1988, and ending July 1, 1991: Rita Chaiken, M.M.S., of DeKalb County; and Jane H. Harvey of Clarke County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable John F. Leak of DeKalb County as a member of the Georgia Student Fi nance Commission, for the term of office beginning August 18, 1988, and ending March 15, 1990. The vote on this confirmation was yeas 46, nays 0; and the nominee was confirmed.
Honorable Harold A. Hinesley of McDuffie County as a member of the Georgia Student Finance Commission, for the term of office beginning August 18, 1988, and ending March 15, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Student Finance Commission, for the term of office beginning August 18, 1988, and ending March 15, 1993: Margaret H. Blitch of Clinch County; and Gordon D. Giffin of Fulton County. The vote on this confirma tion was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Student Finance Commission, for the term of office beginning August 18, 1988, and ending March 15, 1994: Isaac Blythers of DeKalb County; and Dr. Walter Y. Murphy of Troup County. The vote on this confirma tion was yeas 46, nays 0, and the nominees were confirmed.
Honorable Louie W. Cleveland, Jr., of Banks County as a member of the State Board of Technical and Adult Education, for the term of office beginning February 2, 1989, and end ing June 30, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

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Honorable Charles A. Harris of Irwin County as a member of the State Board of Tech nical and Adult Education, for the term of office beginning August 4, 1988, and ending June 30, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable William Nessmith, D.V.M., of Bulloch County as a member of the State Board of Veterinary Medicine, for the term of office beginning May 10, 1988, and ending September 16, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable William McCant, D.V.M., of Fulton County as a member of the State Board of Veterinary Medicine, for the term of office beginning May 10, 1988, and ending Septem ber 16, 1992. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired, for the term of office beginning November 3, 1988, and ending July 1, 1990: A. Dale Albritton of Bibb County; Robert Elliot Ayres of Hall County; Jerome Berman, M.D., of Fulton County; James E. Cashin of Cobb County; C. Anthony Cunningham of DeKalb County; Eleanor Foshee of Columbia County; Marcia S. Gitter of Gwinnett County; Reverend Russell Johnson of Coweta County; Jean Keller, Ed.D., of Clarke County; David Mullins of Towns County; Anna Laura Roberts of Chatham County; Loris Scott of Muscogee County; Brian C. Smith of DeKalb County; Arthur Sweet of Fulton County; and Jo Wilson of Berrien County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the State Board of Examiners for Certifi cation of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning November 17, 1988, and ending June 30, 1991: Oliver R. Delk, III, of Fulton County; and Neal A. Wellons of Henry County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Edward A. Clark of Fulton County as a member of the State Board of Ex aminers for Certification of Water and Wastewater Treatment Plant Operators and Labora tory Analysts, for the term of office beginning January 12, 1989, and ending August 17, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Agricultural Exposition Au thority, for the term of office beginning February 8, 1989, and ending June 30, 1992; Emory Greene of Bibb County; and Foster Rhodes of Houston County. The vote on this confirma tion was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Asbestos Licensing Board, for the term of office beginning February 10, 1989, and ending June 30, 1992: Herbert Adams, Jr., of DeKalb County; Lawrence S. Brown of DeKalb County; Gerald L. Spencer of DeKalb County; and Robert M. Thomas of Douglas County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable H. Ted Ballard, Ph.D., of Fulton County as a member of the State Board of Examiners of Psychologists, for the term of office beginning February 17, 1989, and ending January 7, 1994. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate

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The following resolutions of the Senate were read and adopted:
SR 253. By Senators Ray of the 19th, Gillis of the 20th, Kennedy of the 4th and others: A resolution commending the Georgia Optometric Association.
SR 255. By Senators Tate of the 38th, Parker of the 15th and Land of the 16th: A resolution honoring Mrs. Mary Lee Hall Bussey.
SR 256. By Senators Tate of the 38th, Dean of the 31st, and Fuller of the 52nd: A resolution honoring Mr. Walter A. Johnson, Sr.
SR 257. By Senators Tate of the 38th, Scott of the 36th and Langford of the 35th: A resolution commending Mamie Jackson Thomas.
SR 258. By Senators Tate of the 38th, Fuller of the 52nd and Walker of the 43rd: A resolution commending Samuel Burrell.
SR 259. By Senator Kennedy of the 4th: A resolution commending Honorable Benjamin F. Sapp.
The following served as doctors of the day while the Senate was in recess:
March 9-- Dr. Gregory P. Schlegel of Lawrenceville, Georgia. March 10--Dr. Fred M. Rankin of Macon, Georgia.
The following local, uncontested bills and resolution 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 Monday, March 13, 1989
THIRTY-NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 405 Deal, 49th Foster, 50th Dawson, Hall, Lumpkin, White Counties. To increase the supplements to each judge's salary of the Superior Courts of the Northeastern Judicial Circuit; to provide for an effective date.
SB 406 Deal, 49th Newbill, 56th Clay, 37th Brannon, 51st Cherokee, Fannin, Forsyth, Gilmer, Pickens Counties To increase the amount of compensation paid to such judges by the counties comprising Blue Ridge Judicial Circuit; to provide for an effective date.

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HR 405 Peevy, 48th Phillips, 9th Gwinnett County
To create the Gwinnett County Government Study Commission.
HB 778 Langford, 35th Scott, 36th Tate, 38th Coverdell, 40th Engram, 34th Fulton County
To change the provisions relative to determination of disability to obtain the homestead exemption from all ad valorem taxes levied for Fulton County government purposes for the disabled.
HB 802 Newbill, 56th Barnes, 33rd Clay, 37th Cobb County
To change the compensation provisions relating to the members of the board of commissioners and the chairman of the board of commissioners for Cobb County.
HB 837 Langford, 35th Scott, 36th Coverdell, 40th Engram, 34th Tate, 38th Shumake, 39th Newbill, 56th Fulton County
To create a board of elections and registration for Fulton County; to provide for its powers and duties.
HB 881 Phillips, 9th Peevy, 48th Gwinnett County
To change the provisions regarding the composition of the commissioner dis tricts of the board of commissioners of Gwinnett County.
*HB 883 Peevy, 48th Phillips, 9th Gwinnett County
To change certain provisions relating to the appointment of certain members of the Gwinnett County Board of Registrations and Elections. (SUBSTI TUTE)
HB 918 Dean, 31st Fuller, 52nd Bartow County
To require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.

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HB 924 Dean, 31st Fuller, 52nd Bartow County
To change the compensation of the tax commissioner and the provisions re lating thereto.
HB 925 Dean, 31st Fuller, 52nd Bartow County
To change the compensation of the commissioner of Bartow County and the provisions relating thereto.
HB 927 Dean, 31st Fuller, 52nd Bartow County
To change the provisions relating to the compensation of the sheriff, clerk of the superior court, and judge of the probate court.
HB 928 Dean, 31st Fuller, 52nd Bartow County
To change the compensation of the chief magistrate of the Magistrate Court of Bartow County, and the provisions related thereto.
HB 993 Bowen, 13th City of Fitzgerald Part Ben Hill, Part Irwin Counties
To change the provisions relating to the election and terms of the mayor of Fitzgerald.
HB 994 Bowen, 13th City of Unadilla Dooly County
To change the corporate limits of the city; to provide that no individual or corporation doing business in the newly annexed area shall be required to pay a business or occupation tax or obtain any license or permit during the calendar year 1989.
HB 1010 Coleman, 1st Scott, 2nd Hammill, 3rd Town of Thunderbolt Chatham County
To change the corporate limits of the town.
HB 1017 Engram, 34th Town of Tyrone Fayette County
To provide that candidates for the offices of mayor and councilmember shall have been a resident of the town for two years and shall be at least 21 years of age at the time of the election for such office.

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HB 1027 Allgood, 22nd Albert, 23rd Richmond County
To provide that the members of the Richmond County Sheriffs Merit Sys tem Board shall receive compensation for their services as members of the board.
HB 1039 Kennedy, 4th Hammill, 3rd Bryan County
To change the provisions relating to the compensation of the chairman of the Board of Commissioners of Bryan County, the vice-chairman, and other members of the board of commissioners.
HB 1041 Engram, 34th Fayette County
To change the provisions relative to the compensation of the judge of the probate court of Fayette County.
HB 1042 Engram, 34th Fayette County
To change the provisions relative to the compensation of the clerk of the superior court of Fayette County.
HB 1043 Engram, 34th Fayette County
To change the provisions relative to the compensation of the tax commis sioner.
HB 1044 Engram, 34th Fayette County
To change the provisions relative to the compensation of the sheriff.
HB 1046 Allgood, 22nd Albert, 23rd Richmond County
To change the compensation of the members and officers of the Board of Education of Richmond County.
HB 1048 Foster, 50th Lumpkin County
To change the provisions relating to the compensation of the commissioner of Lumpkin County.
HB 1056 Brannon, 51st Fincher, 54th City of Dalton Whitfield County
To provide for hearings and investigations by the governing body of the City of Dalton and the City of Dalton Public Safety Commission.

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HB 1057 Huggins, 53rd Fincher, 54th Catoosa County
To change the method of selection of the members of the board of utilities commissioners for Catoosa County.
HB 1058 Timmons, llth City of Cuthbert Randolph County
To change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
HB 1059 Broun, 46th Clarke County
To change certain provisions relative to the membership of the Classic Center Authority for Clarke County.
HB 1060 Barker, 18th Houston County
To repeal an Act providing for the registration and licensing of vehicles in Houston County during designated registration periods.
HB 1061 Barker, 18th Houston County
To authorize the board of commissioners of Houston County to supplement the salaries of the state probation officers and other probation personnel of the Houston Judicial Circuit.
HB 1062 Phillips, 9th City of Norcross Gwinnett County
To provide for staggered terms of office for members of the city council.
HB 1063 McKenzie, 14th Peach County
To change the compensation of the board of commissioners for Peach County.
HB 1064 Phillips, 9th Peevy, 48th Gwinnett County
To change the compensation of the judges of the recorder's court of Gwinnett County.
HB 1065 Phillips, 9th Peevy, 48th Gwinnett County
To change the compensation of the judges of the state court of Gwinnett County.

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HB 1066 Phillips, 9th Peevy, 48th Gwinnett County To change the provisions relating to the supplement of the salary of each of the judges of the Superior Court of the Gwinnett Judicial Circuit.
HB 1067 Phillips, 9th Peevy, 48th Gwinnett County To provide for the compensation of the judge of the Juvenile Court of Gwin nett County.
HB 1068 Phillips, 9th Peevy, 48th Gwinnett County To repeal an Act providing that the governing authority of Gwinnett County shall determine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County.
HB 1075 Allgood, 22nd Albert, 23rd City of Augusta Richmond County Providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners councilpersons, so as to change the title of the chairman and chairmanmayor; to increase the board of commissioners to 16 members.
The amendment to the following bill was put upon its adoption:
*HB 1048:
Senator Foster of the 50th offered the following amendment:
Amend HB 1048 by striking the figure "$1,800.00" where it appears in line 20 on page 1 and inserting in lieu thereof the figure "$2,400.00".
On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.
The substitute to the following bill was put upon its adoption:
*HB 883:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 883:
A BILL To be entitled an Act to amend an Act providing for a Gwinnett County Board of Registrations and Elections, approved March 24, 1988 (Ga. L. 1988, p. 4296), so as to change certain provisions relating to the appointment of certain members; to change certain provi sions regarding vacancies; to provide for appointment of the elections supervisor by the

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board; to change certain provisions regarding meetings of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for a Gwinnett County Board of Registrations and Elec tions, approved March 24, 1988 (Ga. L. 1988, p. 4296), is amended by striking paragraph (2) of Section 2 and inserting in its place a new paragraph (2) to read as follows:
"(2) The fifth member of the board shall be appointed by a majority of the four party appointed members of the Gwinnett County Board of Registrations and Elections. Said fifth member shall be appointed within 30 days of the time at which the party appointed mem bers are to take office. The fifth member so selected shall be deemed to be a member at large. Any appointment made under this paragraph shall also be entered upon the minutes of the governing authority of the county."
Section 2. Said Act is further amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. In the event any appointing authority fails (1) to make a regular appoint ment or election within the times specified in Section 2 or Section 4 of this Act, or (2) to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forth with by the chief judge of the Superior Court of Gwinnett County."
Section 3. Said Act is further amended by striking subsection (a) of Section 14 and inserting in its place a new subsection (a) to read as follows:
"(a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse or at the place of meeting of the county governing authority. All meetings of the board shall be conducted in the manner specified in Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings."
Section 4. Said Act is further amended by striking Section 15 and inserting in its place a new Section 15 to read as follows:
"Section 15. The board shall be responsible for selecting and appointing an administra tive director, to be known as the elections supervisor, to administer and supervise the con duct of elections, primaries, and registration of electors for the county. Such appointment shall be effective only if the nominee receives at least four affirmative votes from the fivemember board. Compensation for the elections supervisor shall be determined and paid by the governing authority wholly from county funds. The elections supervisor shall serve at the pleasure of the board."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval or upon July 1, 1989, whichever occurs first.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

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

On the passage of all the bills and resolution 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

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Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols English Engram Fincher

Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Parker

Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Timmons Tysinger Walker

Those not voting were Senators:

Edge Fuller Land

Olmstead Pollard Ragan of 10th

Scott of 36th Turner

On the passage of all the local bills and resolution, the yeas were 48, nays 0.

All the bills and resolution on the Senate Local Consent Calendar, except HB 883 and HB 1048, having received the requisite constitutional majority, were passed.

HB 1048, having received the requisite constitutional majority, was passed as amended.

HB 883, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Monday, March 13, 1989
THIRTY-NINTH LEGISLATIVE DAY
SR 236 Senate Protection of Artists Study Committee--create (Rules--23rd) SR 237 Water Shortages--urge priority to nurserymen (Rules--28th) SR 241 Head Injury Treatment and Rehabilitation Study Committee--create
(Rules--21st) HB 223 World Congress Center--may incur debt (B&F--28th) HB 272 State Owned Marshland, Water Bottoms--leasing (Amendment) (Nat R--6th) HB 510 Insurance--acceptable forms of security deposits (Ins--39th) HB 721 Atlanta Judicial Circuit--additional judge (Judy--36th) HB 193 Going Out of Business Sales, Etc.--regulate, license (Substitute) (I&L--20th) HB 239 Primaries--change provisions on posting of list of candidates (Gov Op--25th) HB 380 Evidence--certain information from records of Public Safety terminals (Substi
tute) (Judy--49th) HB 415 "Isolated Schools" Grants--continue certain systems (Ed--7th) HB 274 Workers' Compensation Appeals--Workers' Compensation Board may hear first
(Substitute) (Judy--29th) HB 932 Housing Authority Commissioners--voting members, cities over 400,000 (U&CA
G--36th) HB 839 Legal Advertisements--change rates (Judy--49th)

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HB 16 Transportation--network of developmental highways throughout state (Trans-- 1st)
HB 69 Controlled Substances--change listing (Substitute) (Hum R--54th)
HR 295 Richmond County--conveyance of certain state property (Pub U--22nd)
HB 556 Child Support--continue until age 22, not dependent or court modifies (Judy--15th)
HB 261 Nonambulatory Handicapped--designate additional parking (Hum R--32nd)
HB 749 Georgia Plant Food Act of 1989--provide (Ag--21st)
HB 400 Boards of Registrars--correct list when elector moves (Gov Op--25th)
HB 466 Certain Convicted--provisions for judge to release, personal recognizance (Sub stitute) (Judy--49th)
HB 428 Board of Technical and Adult Education--staggered terms of office (Substitute) (Ed--50th)
HB 314 Motor Vehicle Service Contract--reimbursement insurance (Ins--16th)
HB 503 Podiatrists--continuing education requirements (Hum R--42nd)
HB 628 Commission on Children and Youth--change certain references (Substitute) (Ed--50th)
HR 165 White County--conveyance of certain state property (Pub U--2nd)
HB 689 Boiler, Pressure Vessel Safety Act--provisions on certain vessel exemptions (I&L--45th)
HB 114 Private, Public Child Welfare Agencies--licensing, inspection (Substitute) (C&Y--18th)
HB 692 Agricultural Facilities Treated as Nuisances--define agricultural facilities (Ag--21st)
HB 495 Failure to Appear in Court--conditions for warrant for arrest (Judy--49th)
HB 210 Land--transfers of titles (Judy--29th)
HB 599 Boards, Authorities Appointed by Grand Jury--certain notification (Judy--49th) HB 724 Employee Benefit Plan Council--records confidential (Substitute) (Gov
Op--30th)
HR 316 Joint Title 40 Study Committee--create (Trans--31st) HB 612 St. Marys Board of Pilotage Commission--reciprocity within Florida
(Trans--6th)
HB 773 Time--Share--include certain campsite programs (Substitute) (Judy--29th)
HB 218 Testimony--circumstances in which child competent (Substitute) (Judy--42nd)
HB 822 State Properties Commission--acquiring property (Gov Op--51st)
HB 529 State Seal--prohibit use in campaign posters, signs (Gov Op--30th) HB 817 Informed Consent for Medical Treatment--time period to obtain (Substitute)
(Hum R--1st)
HB 611 Payroll Deductions--individual account records confidential (Judy--15th)
HR 105 Floy Farr Parkway--designate (Trans--34th)
HB 833 Blasting, Excavating Near Utility Facility--prerequisites (I&L--45th)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee

MONDAY, MARCH 13, 1989

2027

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

SR 236. By Senator Albert of the 23rd: A resolution creating the Senate Protection of Artists Study Committee.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Brannon English

Fuller Kidd

Ragan of 10th

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

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

SR 237. By Senator Edge of the 28th:
A resolution urging that an agricultural priority be given to nurseymen and landscapers during water shortages.

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 Clay Coleman
Collins

Coverdell Dawkins Deal Dean Echols
Edge

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English Engram Fincher
G_,i.l.l,.is Hammill Harris Howard Huggins Johnson

Kennedy Kidd Land
,N.ewb, i.l.l. Olmstead Parker Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Scott of 2nd
Scott of 36th S_ humake &tarr Tate Turner
Tysinger Walker

Those not voting were Senators:

Fuller Peevy

Ray Stumbaugh

Taylor Timmons

On the adoption of the resolution, the yeas were 50, nays 0.

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

SR 241. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and others:
A resolution creating the Head Injury Treatment and Rehabilitation Study Committee.

The 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 BBrawnennon
BQr, 1u0rt. on Collins Coverdell Dawkins Deal Dean Echols Edge Engram

Fincher Foster Fuller Gillis
Hammill HHoarwriasrd
JH.ouh, gngsionns Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 10th RRaaygan of 32nd
SS,-, ccootttt ooff,, 32,,,,6n.td,h Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coleman English

Garner

Timmons

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2029

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

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 287. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the con duct of delinquency proceedings, so as to change the provisions relating to the district attorney or a member of his staff conducting proceedings on behalf of the state; to repeal certain provisions relating to requests.

The House substitute to SB 287 was as follows:

A BILL
To be entitled an Act to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the con duct of delinquency proceedings, so as to change provisions relating to the district attorney or a member of his staff conducting proceedings on behalf of the state; to provide for access to records in such proceedings; to repeal certain provisions relating to requests; to repeal certain restrictions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the conduct of delinquency proceedings, is amended by striking subsection (e) of said Code section and inserting in lieu thereof of a new subsection (e) to read as follows:
"(e) In any delinquency proceeding in which a petition has been filed, the district attor ney or a member of his staff shall conduct the proceedings on behalf of the state if re quested to do so by the juvenile court if the state is not otherwise represented by a solicitor of the juvenile court. Notwithstanding any other provisions of law to the contrary, in any delinquency proceedings conducted by the district attorney or a member of his staff, the district attorney or staff member shall be entitled to complete access to all court files, pro bation files, hearing transcripts, delinquency reports, and any other juvenile court records which may be of assistance to the district attorney or staff member in the conduct of such delinquency proceedings. It shall be the duty of the clerk and probation officers of the juve nile court to assist the district attorney or staff member in obtaining any such files, tran scripts, reports, or records, or copies thereof, as may be requested by the district attorney or staff member. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding."
Section 2. 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 287.

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

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JOURNAL OF THE SENATE

Clay Collins Coverdell Dawkins Deal De*n, Echols EEdnggelish
Engram Fincher Foster
Fuller
Garner Gillis

Hammill Harris Huggins Johnson Kennedy Kidd Land LMacnKgefonrzdie
Newbill Olmstead Parker
Perry
Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake q. *S"tu*mb, aug,h
late Taylor Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Coleman

Howard

Peevy

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 287.

The following general bill of the House, having been read the third time on March 7 and lost, and reconsidered on March 8, and placed on the Senate Rules Calendar for today, was put upon its passage:

HB 223. By Representatives Smyre of the 92nd, Hooks of the 116th, Coleman of the 118th and Lawson of the 9th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, known as the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide that the Geo. L. Smith II Georgia World Congress Center Authority may incur taxable or nontaxable debt; to authorize such authority to fix rentals, fees, prices, charges, and other terms, conditions, and considerations in connection with the use of any project or part thereof or combination thereof.
Senate Sponsors: Senators Edge of the 28th and Baldwin of the 29th.

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 Terry L. Coleman, Chairman

House Ways and Means Committee

FROM

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

DATE:

February 14, 1989

SUBJECT: Fiscal Note--House Bill 223 (Committee Substitute) (LC 14 5197ECS/1) World Congress Center--Revenue Bonds

This bill makes certain changes in the "Geo. L. Smith II Georgia World Congress

MONDAY, MARCH 13, 1989

2031

Center Act" to provide for the financing, construction, and state ownership and operation of a multipurpose domed stadium. The bill would allow the Authority to borrow money and issue revenue bonds (whether taxable or nontaxable); establish rentals, fees, prices, and other charges as necessary sufficient to pay the costs of the project and the debt service of any obligations issued (including the establishment of debt service reserves); and to incur debt and operate exclusive of county or municipality taxation and regulation. Other provi sions within the bill relate to security for issued bonds, disposition of revenue bond pro ceeds, sources of payment for the bonds, and contractual powers of the Authority. If en acted, this bill would become effective upon the Governor's approval or upon becoming law without such approval.
This bill makes technical amendments to the "Geo. L. Smith II Georgia World Congress Center Act" to allow the execution of a financing plan for a multipurpose domed stadium as provided for in House Bill 1 (dealing with revised hotel/motel excise taxes in Atlanta and Fulton County) of the 1989 legislative session. As such, this bill itself has no direct fiscal impact upon state revenues.

/s/ G. W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon Broun Coleman Coverdell Deal Dean English Engram Fincher Foster

Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford McKenzie Olmstead Parker

Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barker Barnes Burton Clay Collins Dawkins

Echols Edge Garner Land Newbill

Peevy Perry Phillips Ragan of 32nd Stumbaugh

Not voting was Senator Bowen.

On the passage of the bill, the yeas were 39, nays 16.

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

2032

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 165. 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 change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions re lating to procedures for qualification of candidates generally.
Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House substitute to SB 165, and that a Conference Committee be appointed.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 165.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Walker of the 43rd, Olmstead of the 26th and Kidd of the 25th.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 255. By Senator Deal of the 49th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court.
The House amendment was as follows:
Amend SB 255 as follows: On line 20, page 1, strike "20" and insert in lieu thereof "30"; On line 9, page 2, strike "20" and insert "30"; On line 14, page 2, strike "20" and insert "30"; and on line 20, page 2, strike "20", and insert "30".
Senator Deal of the 49th moved that the Senate agree to the House amendment to SB 255 as amended by the following amendment:
Amend the House amendment to SB 255 by striking the first three lines from the amendment, which read as follows:
"Line 20 page 1 strike '20' and insert in lieu thereof '30.' " By striking from the amendment the following: "Line 20 page 2", and inserting in lieu thereof the following: "Line 21 page 2".
On the motion, a roll call was taken, and the vote was as follows:

MONDAY, MARCH 13, 1989

2033

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun
Coleman CCoolvleinrds ell
Dawkins Deal Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill
HHua*TMSlns Johnson KKiedndnedy
Land McKenzie Newbill Olmstead Parker Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Hav Scott of 2nd
SShcoutmt aokfe36th c *Stteurmr buaugh,
Tate Tay'or Timmons Turner Tysinger Walker

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Barnes Brannon

Dean Howard

Langford

On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 255 as amended by the Senate.

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

Mr. President:

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

HB 1025. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act providing a new charter for the City of Waycross, so as to revise and restate the charter of the City of Waycross.

HB 1080. By Representatives Barnett of the 10th and Hasty of the 8th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of com pensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.

HB 1081. 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 1082. By Representative Edwards of the 112th:
A bill to amend an Act creating a board of commissioners for Taylor County, so as to create the office of county manager; to provide for the appointment of a county manager.

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JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 314. By Senator Brannon of the 51st:
A bill to provide a new charter for the City of Blue Ridge in Fannin County; to provide for 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; to provide for inquiries and investigations.
SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 350. By Senator Kidd of the 25th:
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 that certain children or youth in the physical custody of the Department of Correc tions or the Department of Human Resources shall not be eligible for enrollment in the educational programs of the local unit of administration of the school dis trict where the child or youth is being held.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child wel fare services and services to courts.
Senator Barker of the 18th moved that the Senate adhere to the Senate substitute to HB 390, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 390.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Barker of the 18th, Parker of the 15th and Howard of the 42nd.
Senator Ragan of the 10th introduced the two doctors of the day, Dr. Jeff Byrd and Dr. Marshall Dunaway, both of Thomasville, Georgia.

MONDAY, MARCH 13, 1989

2035

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

HB 272. By Representatives Patten of the 149th, Porter of the 119th and Floyd of the 154th:
A bill to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands protection, so as to permit the leasing of state owned marshland and water bottoms to eligible persons as de fined, for purposes of construction, operation, and maintenance of marinas pro viding slips for more than three boats.
Senate Sponsor: Senator Echols of the 6th.

The Senate Natural Resources Committee offered the following amendment:

Amend HB 272 by inserting on line 3 of page 4, between the word "renewal" and the symbol ".", the following:
"; provided, however, that the total rental paid in any rental year shall never exceed 5 percent of the annual wet dockage gross rental income, which shall include transient, shortterm, and long-term rentals and amortized condominium sales, if applicable, as determined and adjusted at the end of each rental year".

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

The report of the committee, which was favorable to the passage of the 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
Coleman CCoolvleinrds ell
Dawkins Deal Dean Echols Edge English

Fincher Foster Garner Gillis Hammill
Harris Howard Hugg'ns Johnson KKeidndnedy
Land McKenzie Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Rav
Scott of 2nd Scott of 36th Shumake Q ^Stuamrr b, augh,
Tate Tavlor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Clay

Engram

Newbill

Those not voting were Senators:

Brannon

Fuller

Langford

2036

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 50, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 240. By Senators Ray of the 19th, Kennedy of the 4th, Timmons of the llth and others:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.
The House amendment was as follows:
Amend SB 240 by redesignating Section 3 as Section 4 and by adding a new Section 3 to read as follows:
"Section 3. Code Section 20-2-697 of the Official Code of Georgia Annotated, relating to attendance reporting of students, is amended by striking subsection (a) of said Code Section in its entirety and substituting a new subsection (a) to read as follows:
'(a) Visiting teachers and attendance officers shall receive the cooperation and assis tance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or clas ses as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction. Such attendance records shall also be maintained in a for mat which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the statewide comprehensive educational in formation network pursuant to subsection (b) of Code Section 20-2-320 and for the annual profiles pursuant to subsection (d) of Code Section 20-2-282.' "
Senator Ray of the 19th moved that the Senate disagree to the House amendment to SB 240.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 240.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 510. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions affecting insurance, so as to provide for forms of security

MONDAY, MARCH 13, 1989

2037

deposits that shall be acceptable for possession by the Commissioner of Insurance.
Senate Sponsor: Senator Shumake of the 39th.

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 Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker

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

Those not voting were Senators:

Barnes (excused conferee) Fuller

Brannon

Langford

Peevy Timmons

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

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

HB 721. By Representative Holmes of the 28th: A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit.
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 Bowen Burton

Clay Coleman Collins Coverdell Dawkins Deal

Dean Echols Edge English Engram Fincher

2038

JOURNAL OF THE SENATE

Foster Garner Gillis Harris Johnson Kennedy Kidd Land Langford

Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes (excused conferee) Brannon Broun Fuller

Hammill

Ray

Howard

Starr (excused conferee)

Huggins

Timmons

McKenzie (excused conferee)

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

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

HB 193. By Representatives Porter of the 119th, Jamieson of the llth and Coleman of the 118th:
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 regulate and license certain distress merchandise sales, going out of business sales, fire sales, and other simi lar sales.
Senate Sponsors: Senators Gillis of the 20th and Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following substitute to HB 193:

A BILL
To be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to change certain definitions; to prohibit certain going out of business sales and continuing to do business in certain circumstances as unfair or deceptive acts or practices and provide for exceptions thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by adding following para graph (5) of subsection (a) of Code Section 10-1-392, relating to definitions, a new paragraph to read as follows:
"(5.1) 'Going out of business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the person is going out of business, liquidating, selling his entire stock or 50 percent or more of his stock, selling out to the bare walls, selling because the person has lost his lease, selling out his interest in the business, selling because everything in the business must be sold or that the sale is a trustee's sale, bankrupt sale, save us from bankruptcy sale, insolvent sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse

MONDAY, MARCH 13, 1989

2039

removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale."
Section 3. Said part is further amended by striking "or" at the end of subparagraph (B) of paragraph (22) of subsection (b) of Code Section 10-1-393, prohibiting unfair or deceptive practices, by striking the period at the end of paragraph (23) of that subsection (b) and inserting in its place "; or", and by inserting immediately thereafter a new paragraph to read as follows:
"(24) (A) Conducting a going out of business sale for more than 90 days; or
(B) After the 90 day time limit in subparagraph (A) of this paragraph has expired, continuing to do business in any manner contrary to any representations which were made regarding the nature of the going out of business sale.
(C) The prohibitions of this paragraph shall not extend to any of the following:
(i) Sales for the estate of a decedent by the personal representative or his agent, accord ing to law or by the provisions of the will;
(ii) Sales of property conveyed by security deed, deed of trust, mortgage, or judgment or ordered to be sold according to the deed, mortgage, judgment, or order;
(iii) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under his control on or belonging to his real or personal estate and not pur chased or sold for speculation;
(iv) All sales under legal process;
(v) Sales by a pawnbroker or loan company which is selling or offering for sale unre deemed pledges of chattels as provided by law; or
(vi) Sales of automobiles by an auctioneer licensed under the laws of the State of Georgia."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 40, 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
Burton
Coverdell Dawkins D eal Dean Echols Edge Engram

Fincher Foster Garner
Gillis Howard
JHouhgngsionSn Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd
RScaoytt of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Broun
Coleman English

Fuller Hammill Harris

McKenzie (excused conferee) Starr (excused conferee) Timmons

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

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

HB 239. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and Connell of the 87th:
A bill to amend Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, so as to change certain provisions regarding the posting of certain lists of qualified candi dates; to provide for criminal penalties; to change certain provisions regarding the certification of political party candidates.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes HTM611 Burton CColalyeman
Collins
Coverdell
Dawkins
Deal
Dean
Echols Edge

English Engram Foster Fuller Garner Gillis Harris HHuogwgairnds
Johnson
Kennedy
Kidd
Land
Langford
Olmstead Parker

Peevy Perry Phillips Pollard Ragan of loth R of 32nd R "^caoytttt o,f,,2nd,
Scott of 36th
Shumake
Stumbaugh
Tate
Taylor
Turner Tysinger

Those not voting were Senators:

Brannon
Broun Fincher

Hammill

Starr (excused conferee)

McKenzie (excused conferee) Timmons

Newbill

Walker

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

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

MONDAY, MARCH 13, 1989

2041

HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Judiciary offered the following substitute to HB 380:
A BILL
To be entitled an Act to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may re ceive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification; to provide for related matters; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the center to make certain criminal history records available to parties to a lawsuit under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, is amended by striking Code Section 24-3-17, relating to the admissibility of certified copies of records and computer data from the Department of Pub lic Safety, in its entirety and inserting in lieu thereof a new Code Section 24-3-17 to read as follows:
"24-3-17. (a) A certified copy of any record of the Department of Public Safety or com parable agency in any other state is admissible in any judicial proceedings or administrative hearing in the same manner as the original of the record.
(b) Any court may receive and use as evidence in any case information otherwise admis sible from the records of the Department of Public Safety obtained from any terminal law fully connected to the Georgia Crime Information Center without the need for additional certification of those records."
Section 2. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking subsection (a) of Code Section 35-3-34, relating to the dissemination of records by the center, and inserting in its place a new subsection (a) to read as follows:
"(a) The center shall be authorized to:
(1) Make criminal history records maintained by the center available to private persons and businesses under the following conditions:
(A) Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and
(B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; or

2042

JOURNAL OF THE SENATE

(2) Make criminal history records available to parties to any civil or criminal action upon receipt of a written request of such party or his attorney. Such request shall contain the style of the action, the name of the person whose records are requested, and a statement that such person is a party or a prospective witness in said case; and
(3) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen BTM
C,-1o,ll-ms Coverdell Dawkins )eal Dean Echols Edge English

Engram Foster Fuller
Gillis Harris Huggins
Johnson Ken. nedyJ Kldd
Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake
Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Broun Coleman

Fincher Garner Hammill

Howard McKenzie (excused conferee) Starr (excused conferee)

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

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 25. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict.

MONDAY, MARCH 13, 1989

2043

The House substitute to SB 25 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circum stance but is unable to render a sentencing verdict; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by striking Code Section 17-10-31, relat ing to the requirement of a jury finding of an aggravating circumstance and recommenda tion that the death penalty be imposed prior to imposition of a death sentence, and in serting in lieu thereof a new Code Section 17-10-31 to read as follows:
"17-10-31. (a) Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury ver dict includes a finding of at least one statutory aggravating circumstance and a recommen dation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sen tence in its verdict, the court shall not sentence the defendant to death, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking. This Code section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty.
(b) Notwithstanding anything to the contrary contained in subsection (a) of this Code section, effective with respect to offenses occurring after July 1, 1989, if a person is con victed of an offense which may be punishable by death and the jury makes a finding of at least one statutory aggravating circumstance but is unable to agree on a verdict as to a sentence of life imprisonment or death and the judge has determined that the jury is dead locked, then the trial court shall inquire as to the numerical division of the jury and shall impose sentence based on this numerical division as follows:
(1) If the trial judge determines that even though the jury has found the existence of at least one statutory aggravating circumstance, the jury is deadlocked as to the sentence to be imposed, and the jury is divided as to sentence with less than ten jurors being in favor of imposing a sentence of death, the trial judge shall impose a life sentence; or
(2) If the trial judge determines that even though the jury has found the existence of at least one statutory aggravating circumstance, the jury is deadlocked as to the sentence to be imposed, and if not less than ten out of 12 of the jurors are in favor of imposing the death sentence, the trial judge shall then, in the judge's discretion, sentence the person to life imprisonment or death relying upon the same evidence as previously submitted to the jury."
Section 2. 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 25.

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

Those voting in the affirmative were Senators:

Baldwin Barker

Barnes Bowen

Brannon Broun

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Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge English Engram Fincher Foster

Fuller Garner Gillis Harris Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Peevy

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

Those voting in the negative were Senators:

Allgood Langford

Parker Scott of 36th

Tate Walker

Those not voting were Senators:

Albert Coleman

Hammill Howard

Scott of 2nd

On the motion, the yeas were 45, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 25.

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

HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provi sions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.

Senator Barnes of the 33rd moved that the Senate adhere to the Senate substitute to HB 139, and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to HB 139.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Barnes of the 33rd, Edge of the 28th and Peevy of the 48th.

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

HB 469. By Representative Thompson of the 20th:
A bill to amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so

MONDAY, MARCH 13, 1989

2045

as to authorize grants of county and municipal funds to certain family violence centers.

Senator Harris of the 27th moved that the Senate recede from the Senate amendment to HB 469.

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Harris Huggins Johnson Kidd Land Langford Newbill Olmstead Parker

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

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Albert

Hammill

McKenzie (excused conferee)

Allgood (excused conferee) Howard

Peevy

Garner

Kennedy (excused conferee) Scott of 2nd

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate receded from the Senate amendment to HB 469.

The following bills of the House were read the first time and referred to committee:

HB 1025. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act providing a new charter for the City of Waycross, so as to revise and restate the charter of the City of Waycross. Referred to Committee on Urban and County Affairs.

HB 1080. By Representatives Barnett of the 10th and Hasty of the 8th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of com pensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.
Referred to Committee on Urban and County Affairs.

HB 1081. 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.

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HB 1082. By Representative Edwards of the 112th:
A bill to amend an Act creating a board of commissioners for Taylor County, so as to create the office of county manager; to provide for the appointment of a county manager.
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 415. By Representatives Crosby of the 150th, Colwell of the 4th, Twiggs of the 4th, Dover of the llth and others:
A bill to amend Code Section 20-2-292 of the Official Code of Georgia Annotated, relating to sparsity grants under the "Quality Basic Education Act," so as to provide for a continuation of "isolated schools" grants for certain school systems; to provide for matters relative thereto.
Senate Sponsor: Senator Perry of the 7th.

Senator Pollard of the 24th offered the following amendment:

Amend HB 415 by striking from line 10 of page 2 the word "the" and inserting in lieu thereof the word "such".
By striking from line 12 of page 2 the words ", and only if another school in the sys tem", by striking lines 13 and 14, and by striking from line 15 the words "through (c) of this Code Section".

On the adoption of the amendment, the yeas were 42, 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:

Baldwin Barker Barnes Brannon
Coverdell Dawkins jjeaj Dean Echols Edge English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris H ward Huggins
Joh TM on Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Sc0tt f 2nd Scott of 36th
Shumake Stumbaugn Tate Taylor Turner Tysinger Walker

MONDAY, MARCH 13, 1989

2047

Those not voting were Senators:

Albert

Kennedy (excused conferee) Starr (excused conferee)

Allgood (excused conferee) Langford

Timmons

Bowen

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

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

HB 274. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 34-9-105 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensa tion, so as to provide that appeals to the superior court and an application for review to the board made from the same final award of an administrative law judge shall be heard first by the board with appeal rights to the superior court.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Judiciary offered the following substitute to HB 274:

A BILL
To be entitled an Act to amend Code Section 34-9-105 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensa tion, so as to change the provisions relative to appeals to the superior court; to provide that a decision of the board, if heard within 60 days from the date of filing of the notice of appeal, shall be considered affirmed by operation of law if no order of the court has been entered within 20 days from the date of the hearing; to provide for practices and procedures; to provide for editorial revision; 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. Code Section 34-9-105 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensation, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held, in the manner and upon the grounds provided in this Code section. Said appeal shall be filed with the board in writing stating generally the grounds upon which such appeal is sought. In the event of an appeal, the board shall, within 30 days of the filing of the notice of appeal with the board, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case is appeala ble, as provided in this subsection. The case so appealed may then be brought by either party upon ten days' written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, how ever; if the court does not hear the case within 60 days from the date the notice of appeal is filed with the board, the decision of the board shall be considered affirmed by operation of law 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 notice of appeal is filed with the board because same has been continued to a date certain by order of the court, the decision of the board shall be considered

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affirmed by operation of law 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. If a case is heard within 60 days from the date the notice of appeal is filed, the decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 20 days of the date of the hearing."
Section 2. Said Code section is further amended by striking subsection (d) in its en tirety and inserting in its place a new subsection (d) to read as follows:
"(d) No decision of the board shall be set aside by the court upon any grounds other than one or more of the grounds stated in subsection (c) of this Code section. In the event a hearing is not held and a decision is not rendered by the superior court within the time provided in subsection (b) of this Code section, the decision of the board shall, by operation of law, be affirmed. The date of entry of judgment for purposes of appeal pursuant to Code Section 5-6-35 of a decision affirmed by operation of law without action of the superior court shall be the last date on which the superior court could have taken action under subsection (b) of this Code section. Upon the setting aside of any such decision of the board, the court may recommit the controversy to the board for further hearing or proceedings in conformity with the judgment and opinion of the court; or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect and all proceedings in relation thereto shall, subject to the other provi sions of this chapter, thereafter be the same as though rendered in an action heard and determined by the court."
Section 3. This Act shall become effective on July 1, 1989, and shall apply to all awards or decisions of the State Board of Workers' Compensation issued on or after 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 38, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Bowen Brannon Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert

Barnes (excused conferee)

Allgood (excused conferee) Broun

Dawkins Gillis (excused conferee)

MONDAY, MARCH 13, 1989

2049

Kennedy (excused conferee) Phillips McKenzie (excused conferee) Starr (excused conferee)

Walker

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

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

HB 932. By Representatives Davis of the 29th, McKinney of the 40th, McKinney of the 35th and others:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority com missioners, so as to provide that resident commissioners in cities with a popula tion of 400,000 or more according to the United States decennial census of 1970 or any future such census shall be voting members.
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:

Barker Bowen Brannon
Broun C lav
man PCDoeavlerd,el,,l Dean Echols English Engram Fincher

Foster Fuller Garner
Gillis Hammill
Harris Howard Huggms Kidd Land Olmstead Peevy Perry

Phillips Pollard Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Allgood (excused conferee)
BarnMexcused conferee) Burton Dawkins

Edge Johnson

Newbill Parker

Kennedy (excused conferee) Starr (excused conferee)

Langford

Stumbaugh

McKenzie (excused conferee) Walker

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

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

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

SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.

The Conference Committee report on SB 257 was as follows:

The Committee of Conference on SB 257 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 257 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Wayne Garner Senator, 30th District
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton H. Colwell Representative, 4th District
/s/ Philip A. Foster Representative, 6th District
/s/ L. Charles Watts Representative, 41st District

Conference Committee substitute to SB 257:

A BILL
To be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide, clarify, and restate powers of the Department of Corrections and Georgia Correctional Industries Administration; to provide powers in re gard to contracts, property, and improvement of property; to provide procedures in response to overcrowding of correctional institutions and other facilities of the Department of Correc tions; to authorize department procurement of professional services without compliance with Chapter 22 of Title 50 of the Official Code of Georgia Annotated; to provide for depart ment procurement of goods and services without compliance with Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated; to provide for certain reports; to clarify and restate powers of the Georgia Correctional Industries Administration in regard to capi tal projects, earnings, vocational training, and otherwise; to ratify and approve existing facil ities of the administration and a warehouse under 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. Title 42 of the Official Code of Georgia Annotated, relating to penal institu tions, is amended by striking Code Section 42-2-14, relating to the overcrowding of the prison system and emergency measures relative thereto, as enacted by House Bill 499 adopted at the 1989 regular session of the General Assembly and approved by the Governor on March 1, 1989, which reads as follows:
"42-2-14. The Governor, upon certification by the commissioner of corrections and ap proval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity of the prison system for any period of 90 consecutive days, beginning at any time after December 31, 1988, may declare a state of emergency with regard to jail and prison overcrowding. Upon the declaration of

MONDAY, MARCH 13, 1989

2051

such emergency, the department may establish additional facilities for use by the depart ment, such facilities to be either of a permanent type of construction or of a temporary or movable type as the department may find most advantageous to the particular needs, to the end that the inmates under its supervision may be so distributed throughout the state as to facilitate individualization of treatment designed to prepare them for lawful living in the community where they are most likely to reside after their release from a correctional facil ity. For this purpose, the department may purchase or lease sites and suitable lands and erect necessary buildings thereon or purchase or lease existing facilities, all within the limits of appropriations as approved by the General Assembly. With the approval of the Governor, provisions, other than bonding requirements, of Chapter 3 of this title, known as the 'Geor gia Building Authority (Penal) Act,' provisions of Chapter 5 of Title 50, relating to the Department of Administrative Services, or provisions of Chapter 22 of Title 50, relating to managerial control over acquisition of professional services, may be waived by the depart ment to facilitate the rapid construction or procurement of facilities for inmates. During any year in which correctional facilities are constructed or procured under this Code section and any requirements are waived, the department shall furnish the Governor and the General Assembly with a detailed report specifying the facilities constructed or procured, the re quirements waived, and the reasons therefor.",
in its entirety and substituting in lieu thereof a new Code Section 42-2-14 to read as follows:
"42-2-14. (a) In all matters consistent with its purposes and in accord with procedures, approvals, assistance, acts of other departments, and requirements otherwise provided by law, the department may:
(1) Negotiate, let, and enter into contracts;
(2) Acquire property or rights or interests in property, both real and personal, by purchase, lease, gift, devise, bequest, exercise of power of eminent domain, or otherwise and may further rent, license, and otherwise obtain possession or use of such property; and
(3) Plan, design, construct, improve, erect, install, equip, repair, control, replace, main tain, manage, and operate buildings, structures, and all other improvements and facilities of every character.
(b) (1) If the commissioner certifies to the Governor that the inmate population of the correctional institutions and other facilities of the department exceed, and have currently exceeded for 90 consecutive days, the capacity of such institutions and facilities, the Gover nor within 30 days of the date of such certification may authorize the department to proceed under this subsection for a stated time not exceeding 365 days.
(2) Upon such authorization, without regard to any requirements of common law for public contracts, the department may:
(A) Procure professional services without regard to Chapter 22 of Title 50, concerning managerial control over acquisition of such services; and
(B) Procure goods, supplies, materials, equipment, and other tangible property of every nature and may procure construction and public works contracts and all other services of every nature without regard to Article 3 of Chapter 5 of Title 50, concerning state purchasing.
(3) 'Capacity' shall be as further defined and determined by the commissioner, in ac cord with reasonable principles of building design and occupancy, with the approval of the director of the Office of Planning and Budget.
(4) The commissioner may so certify and the Governor may so authorize at any time upon and after this subsection becomes law, and the required period of consecutive days may commence prior to such effective date.
(5) An authorization shall remain valid notwithstanding any decline in inmate popula tion below capacity. The Governor may terminate an authorization upon 30 days' notice to the department. Upon a recertification by the commissioner, a pending authorization may

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be renewed or extended by the Governor, but the period of renewal or extension shall not exceed 365 days. A procurement or contract entered into pursuant to this subsection shall be valid though still executory when an authorization expires. A contract may be let, or a good or service procured, for 90 days after the authorization expires if its negotiation or procurement commenced within the authorization by negotiation or announcement thereof.
(6) Prior to the end of each calendar year, the department shall furnish the Governor and the General Assembly with a detailed report specifying goods and services procured under this subsection and the reason for doing so."
Section 2. Said title is further amended by striking Code Section 42-3-6, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), in its entirety and substituting in lieu thereof a new Code Section 42 3-6 to read as follows:
"42-3-6. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this chapter, shall have the power and is authorized to provide by resolution for the issuance of negotia ble revenue bonds in a sum not to exceed $100 million for the purpose of paying all or any part of the cost, as defined in paragraph (3) of Code Section 42-3-2, of any one or combina tion of projects. Once a total of $100 million in revenue bonds has been issued, no revenue bonds shall be issued thereafter. The principal and interest of the revenue bonds shall be payable solely from the special fund provided for in this chapter for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates payable semiannually, shall mature at such time or times not exceeding 30 years from their date or dates, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority. They may be made redeemable before maturity, at the option of the authority, 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 the bonds."
Section 3. Said title is further amended by striking paragraph (6) of Code Section 4210-4, relating to the powers of the Georgia Correctional Industries Administration, which paragraph (6) reads as follows:
"(6) To retain any earnings to be used for capital expansion for operating capital in performing the duties and powers provided under this chapter:
(A) In the repair, alteration, erection, and maintenance of industrial buildings and equipment, provided that prior legislative approval for new construction and major capital expenditures is secured; and
(B) For vocational training of inmates without regard to their industrial or other assignments;",
in its entirety and substituting in lieu thereof new paragraphs (6), (6.1), and (6.2) to read as follows:
"(6) To retain its earnings for expenditure upon any lawful purpose of the administration;
(6.1) To conduct vocational training of inmates without regard to their industrial or other assignment;
(6.2) To construct, erect, install, equip, repair, replace, maintain, and operate facilities of every character, consistent with its purposes; provided, however, that the Department of Corrections may not contract with the administration to transfer to it any capital outlay appropriations unless the appropriation was by line item expressly designating such a pur pose; further, the warehouse the construction of which commenced in DeKalb County in 1988 by the administration and all other facilities of the administration presently completed are hereby ratified and approved;".
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 13, 1989

2053

Senator Garner of the 30th moved that the Senate adopt the Conference Committee report on SB 257.

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

Those voting in the affirmative were Senators:

Baldwin Barnes Brannon Clay Dean Edge

English Engram Fincher Fuller Garner Gillis

Harris Huggins Kidd Langford Ray Scott of 36th

Those voting in the negative were Senators:

Barker Bowen Broun Burton
CCoo!lvflemmrdsaenll
Dawkins D eal Echols Foster Hammill

Howard Johnson Land McKenzie
NO,-.,elmwsbt,iellad,
Parker Peevy Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Scott of 2nd Shumake
,,TS,taut.me baugh
Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert

Kennedy (excused conferee) Starr (excused conferee)

Allgood (excused conferee)

On the motion, the yeas were 18, nays 34; the motion was lost, and the Senate rejected the Conference Committee report on SB 257.

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 360. By Senators English of the 21st and Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the definition of certain terms.

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 165. 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 change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to

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change provisions relating to nonpartisan elections; to change the provisions re lating to procedures for qualification of candidates generally.
The Speaker has appointed on the part of the House, Representatives Holmes of the 28th, Moultrie of the 93rd and Holland of the 136th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th and others:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.
Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 209, and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 209.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Howard of the 42nd, Dawkins of the 45th and Baldwin of the 29th.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.
The House amendment was as follows:
Amend SB 239 by adding following the word and symbol "actions;" on line 6 of page 1 the following:
"to amend Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, so as to provide for the tort of abusive litigation; to provide for definitions; to define such tort; to provide for the prosecu tion of claims; to provide for assessment of damages, costs and expenses, and attorney's fees; to provide for matters relative to the foregoing; to provide that other statutory or common law claims for malicious use of civil proceedings, malicious abuse of civil process, and abu sive litigation shall not be allowed;".
By adding between lines 20 and 21 of page 2 the following:
"Section 2. Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to

MONDAY, MARCH 13, 1989

2055

false arrest, false imprisonment, and malicious prosecution, is amended by adding at the end thereof a new article, to be designated Article 5, to read as follows:
'ARTICLE 5
51-7-80. As used in this article, the term:
(1) "Civil proceeding" includes any action, suit, proceeding, counterclaim, cross-claim, third-party claim, or other claim at law or in equity.
(2) "Claim" includes any allegation or contention of fact or law asserted in support of or in opposition to any civil proceeding, defense, motion, or appeal.
(3) "Defense" includes any denial of allegations made by another party in any pleading, motion, or other paper submitted to the court for the purpose of seeking affirmative or negative relief, and any affirmative defense or matter asserted in confession or avoidance.
(4) "Good faith," when used with reference to any civil proceeding, claim, defense, mo tion, appeal, or other position, means that to the best of a person's or his or her attorney's knowledge, information, and belief, formed honestly after reasonable inquiry, that such civil proceeding, claim, defense, motion, appeal, or other position is well grounded in fact and is either warranted by existing law or by reasonable grounds to believe that an argument for the extension, modification, or reversal of existing law may be successful.
(5) "Malice" means acting with ill will or for an unlawful purpose and may be inferred in an action if the party initiated, continued, or procured civil proceedings or process in a harassing manner or used process for a purpose other than that of securing the proper adju dication of the claim upon which the proceedings are based.
(6) "Person" means an individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or un incorporated association of persons with capacity to sue or be sued.
(7) "Unlawful purpose" when used with reference to any civil proceeding, claim, de fense, motion, appeal, or other position results in or has the effect of:
(A) Attempting to unjustifiably harass or intimidate another party or witness to the proceeding; or
(B) Attempting to unjustifiably accomplish some ulterior or collateral purpose other than resolving the subject controversy on its merits.
(8) "Without substantial justification," when used with reference to any civil proceed ing, claim, defense, motion, appeal, or other position, means that such civil proceeding, claim, defense, motion, appeal, or other position is:
(A) Frivolous;
(B) Groundless in fact or in law; or
(C) Vexatious.
51-7-81. Any person who takes an active part in the initiation, continuation, or procure ment of civil proceedings against another shall be liable for abusive litigation if such person acts:
(1) With malice; and
(2) Without substantial justification.
51-7-82. (a) A It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily withdrawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation within 30 days after the mailing of the notice required by subsection (a) of Code Section 517-84 or prior to a ruling by the court relative to the civil proceeding, claim, defense, motion, appeal, civil process, or other position, whichever shall first occur; provided, however, that

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this defense shall not apply where the alleged act of abusive litigation involves the seizure or interference with the use of the injured person's property by process of attachment, execu tion, garnishment, writ of possession, lis pendens, injunction, restraining order, or similar process which results in special damage to the injured person.
(b) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted acted in good faith; provided, however, that good faith shall be an affirmative defense and the burden of proof shall be on the person asserting the actions were taken in good faith.
(c) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted was substantially successful on the issue forming the basis for the claim of abusive litigation in the underlying civil proceeding.
51-7-83. (a) A plaintiff who prevails in an action under this article shall be entitled to all damages allowed by law as proven by the evidence, costs and expenses of litigation, and reasonable attorney's fees.
(b) If the abusive litigation is in a civil proceeding of a court of record and no damages other than costs and expenses of litigation and reasonable attorney's fees are claimed, the procedures provided in Code Section 9-15-14 shall be utilized instead.
(c) No motion filed under Code Section 9-15-14 shall preclude the filing of an action under this article for damages other than costs and expenses of litigation and reasonable attorney's fees. Any ruling under Code Section 9-15-14 is conclusive as to the issues resolved therein.
51-7-84. (a) As a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or some other means evidencing receipt by the addressee to any person against whom such injured person intends to assert a claim for abusive litigation and shall thereby give the person against whom an abusive litigation claim is contemplated an opportunity to voluntarily withdraw, abandon, discontinue, or dismiss the civil proceeding, claim, defense, motion, appeal, civil process, or other position. Such notice shall identify the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation.
(b) An action or claim under this article requires the final termination of the proceeding in which the alleged abusive litigation occurred and must be brought within one year of the date of final termination.
51-7-85. On and after the effective date of this article, no claim other than as provided in this article or in Code Section 9-15-14 shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abu sive litigation, provided that claims filed prior to such date shall not be affected. This article is the exclusive remedy for abusive litigation.' "
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
Senator Barnes of the 33rd moved that the Senate disagree to the House amendment to SB 239.
On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate disagreed to the House amendment to SB 239.
The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 314. By Senator Brannon of the 51st:
A bill to provide a new charter for the City of Blue Ridge in Fannin County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election,

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terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
The House substitute to SB 314 was as follows:
A BILL
To be entitled an Act to provide a new charter for the City of Blue Ridge in Fannin County; to provide for 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 rela tive to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for referendums with respect to certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
INCORPORATION AND POWERS
Section 1.10. Incorporation. The City of Blue Ridge in Fannin County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corpo rate under the name of the "City of Blue Ridge." References in this charter to "the city" or "this city" refer to the City of Blue Ridge. The city shall have perpetual existence.
Section 1.11. Corporate boundaries, (a) The corporate limits of the said City of Blue Ridge shall consist of the limits of Tract "A" and Tract "B" described as follows:
TRACT"A"
Being a rectangular parallelogram two miles long and one mile wide, and the beginning point of the survey is found by intersecting the present center lines of the Louisville & Nashville Railroad main track and the main hallway of Fannin County Court House, and measuring Northeasterly along the center line of said main track a distance of one mile to a point on said center line of said main track; then beginning at the point so found, as de scribed above, and turning a right angle from said main track center line and running Southeasterly a distance of one-half mile; thence Southwesterly and parallel with said center line of main track tangent north of the Louisville & Nashville Railroad depot, a dis tance of two miles; thence Northwesterly a distance of one mile; thence Northwesterly a distance of two miles, and thence Southeasterly a distance of one-half mile, to the beginning point, containing two square miles or one thousand two hundred eighty acres (1,280 acres).
TRACT "B"
Being a parcel of land described as follows: Beginning at the intersection of the north easterly boundary of Tract "A" as described in Section 1.11 and the southerly right-of-way line of old U.S. Highway 76; thence in an Easterly direction with the southerly right-of-way line of said old U.S. Highway 76 to the intersection of the southerly right-of-way line of Old Morganton-Blue Ridge Road which leads to the boat dock property of the City of Blue Ridge; thence in a Southeasterly direction with the southerly right-of-way line of said Old

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Morganton-Blue Ridge Road to the 1700 foot contour line of Lake Blue Ridge; thence in a Northeasterly direction with said 1700 foot contour line to the northeast corner of the City of Blue Ridge boat dock property; thence in a Northwesterly direction with the property line of said City of Blue Ridge boat dock property to the northerly right-of-way line of old Morganton-Blue Ridge Road; thence in a Northwesterly direction with the northerly rightof-way line of said old Morganton-Blue Ridge Road to the southerly right-of-way line of old U.S. Highway 76; thence due North to the northerly right-of-way line of said old U.S. High way 76; thence in a Westerly direction with the northerly right-of-way line of said old U.S. Highway 76 to the northeasterly boundary of Tract "A" as described in Section 1.11; thence in a southeasterly direction with said northeasterly boundary of said Tract "A" to the point of beginning.
(b) Alterations to said city limits may be made from time to time by local law or in the manner provided by general law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Blue Ridge, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
Section 1.11 A. Additional corporate boundaries. In addition to the corporate limits of said City of Blue Ridge provided for in Section 1.11 of this Act, the corporate limits of said city shall also include the following:
TRACT "C"
Being a strip of land 2000 feet in width and lying 1000 feet on each side of the following described center line: Being the center line of U.S. Highway 76 also known as Appalachian Highway and beginning at the intersection of the said highway center line and the north easterly boundary of Tract "A" as described in Section 1.11; thence in an Easterly and then Northeasterly direction to the center line of Toccoa River. The side lines of the described strip shall be lengthened or shortened in a manner parallel with and 1000 feet from the center line of said U.S. Highway 76/Appalachian Highway so as to terminate at said north easterly boundary of said Tract "A" and at the center line of the said Toccoa River.
TRACT "D"
Being a strip of land 1000 feet in width and lying 500 feet on each side of the following described center line: Being the center line of U.S. Highway 76/Georgia Highway 5, also known as Appalachian Highway, and beginning at the intersection of the said highway center line and the southwestern boundary of Tract "A" as described in Section 1.11; thence in a southerly direction to the Gilmer County line. The side lines of the described strip shall be lengthened or shortened in a manner parallel with and 500 feet from the center line of said U.S. Highway 76/Georgia Highway 5/Appalachian Highway so as to terminate at said southwestern boundary of said Tract "A" and at the said Gilmer County Line.
Section 1.12. Municipal powers, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corpo rate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any

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ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punish ment for violation of ordinances enacted under this paragraph;
(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the gov erning authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governments and enti ties and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasona ble provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(9) Fire regulations. To fix and establish fire limits and from time to time extend, en large, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe pen alties and punishment for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be neces sary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, prac tice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;

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(16) Municipal agencies and delegation of power. To create, alter, or abolish depart ments, boards, offices, commissions, and agencies of the city and to confer upon such agen cies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, and hold in trust or other wise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance;
(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems neces sary and reasonable to ensure a safe, healthy, and esthetically pleasing community;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any build ing or other structure which is or may become dangerous or detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction, building, opera tion, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conser vation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(28) Public transportation. To organize and operate or contract for such public trans portation systems as are deemed beneficial;
(29) Public utilities and services. To grant franchises or make contracts for public utili ties and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;

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(30) Regulation of roadside areas. To prohibit or regulate and control the erection, re moval, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe pen alties and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise im prove, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construc tion of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made avail able a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the con duct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement;
(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment program; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges,

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and immunities necessary or desirable to promote or protect the safety, health, peace, secur ity, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this char ter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immuni ties of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II
GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
Section 2.10. City council creation; composition; number; election, (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers.
(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immedi ately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 2.11. Elections, (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regu lations it deems appropriate to fulfill any options and duties under the "Georgia Municipal Election Code."
(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(d) For the purpose of electing members of the council, the City of Blue Ridge shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election.
(e) On the second Saturday in December, 1989, there shall be elected a mayor and five councilmembers. Then, on the Tuesday next following the first Monday in November in 1993 and on such day quadrennially thereafter, there shall be elected a mayor and five councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter.
Section 2.12. Vacancies in office, (a) (1) The office of mayor or councilmember shall

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become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(2) Upon the suspension from office of mayor or councilmember in any manner author ized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes perma nent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section.
(b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall ap point a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.
Section 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected.
Section 2.15. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.
Section 2.16. Prohibitions, (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the perform ance of his official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others;
(4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indi rectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest.
(b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any de partment of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relat ing thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or

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indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for per sonal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provi sions of this subsection shall not apply to any person holding employment on the effective date of this Act.
Section 2.17. Removal of officers, (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any qualifications of office as provided by this charter or by law;
(4) Knowingly violating Section 2.16 or any other express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by state law.
(b) Removal of any officer pursuant to subsection (a) of this section shall be accom plished by one of the following methods:
(1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fannin County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
(2) By an order of the Superior Court of Fannin County following a hearing on a com plaint seeking such removal brought by any resident of the City of Blue Ridge.
ARTICLE III
ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES
Section 3.10. General power and authority. Except as otherwise provided by this char ter, the city council shall be vested with all the powers of government of this city as pro vided by Article I of this charter.
Section 3.11. Organization, (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor)

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(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
(b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city coun cil. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council.
Section 3.12. Inquiries and investigations. The city council may make inquiries and in vestigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 3.13. Meetings, (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or two mem bers of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
Section 3.14. Procedures, (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
Section 3.15. Voting, (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
Section 3.16. Ordinances, (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Blue Ridge hereby ordains. . ." and every ordinance shall so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected

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by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordi nances provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
Section 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Section 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances gener ally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effec tive upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emer gency ordinances.
Section 3.19. Codes, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and re corded by the clerk pursuant to Section 3.20 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 3.20. Codification of ordinances, (a) The clerk shall authenticate by his signa ture and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The city shall provide for the preparation of a general codification of all the ordi nances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Blue Ridge, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amend ments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with

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reproduction and distribution of any changes in or additions to codes of technical regula tions and other rules and regulations included in the code.
Section 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative pow ers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifi cally provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and quali fied in management and administration.
Section 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed;
(2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise pro vided in this charter;
(3) Exercise supervision over all executive and administrative work of the city and pro vide for the coordination of administrative activities;
(4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget;
(5) Submit to the council at least once a year a statement covering the financial condi tions of the city and from time to time such other information as the city council may request;
(6) Preside over all meetings of the city council;
(7) Call special meetings of the city council as provided for in Section 3.13;
(8) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote;
(9) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(10) Approve or disapprove ordinances as provided in Section 3.23;
(11) Require any department or agency of the city to submit written reports whenever he deems it expedient;
(12) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and
(13) Perform such other duties as may be required by general state law, this charter, or ordinance.
Section 3.23. Submission of ordinances to the mayor; veto power, (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption.
(b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law.

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(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law un less overridden by the council as provided in subsection (c) of this section.
ARTICLE IV
ADMINISTRATIVE AFFAIRS
Section 4.10. Department heads, (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective admin istrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be respon sible for the administration and direction of the affairs and operations of his department or agency.
(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers.
Section 4.11. Boards, (a) The city council shall create by ordinance such boards, com missions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative func tion the city council deems necessary and shall by ordinance establish the composition, pe riod of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appoint ment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimburse ment for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, com mission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and admin istered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.

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(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vicechairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordi nance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its aifairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
Section 4.12. City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney.
Section 4.13. City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city coun cil records required by this charter, and perform such other duties as may be required by the city council.
Section 4.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.
Section 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment;
(2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classifica tion plan;
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected;
(4) Such dismissal hearings as due process may require; and
(5) Such other personnel notices as may be necessary to provide for adequate and sys tematic handling of personnel affairs.
ARTICLE V
JUDICIAL BRANCH
Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Blue Ridge, Georgia.
Section 5.11. Judges, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.
(c) Compensation of the judge or judges shall be fixed by ordinance.

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(d) Judges may be removed for cause by a vote of three members of the city council.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.
Section 5.12. Convening of court. The municipal court shall be convened at regular in tervals as provided by ordinance.
Section 5.13. Powers, (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not ex ceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to de fray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law.
(e) The municipal court shall have authority to establish bail and recognizances to en sure the presence of those charged with violations before said court and shall have discre tionary authority to accept cash or personal or real property as surety bond for the appear ance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court shall have the authority to bind prisoners over to the appropri ate court when it appears by probable cause that state law has been violated.
(h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particu larly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fannin County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to se-

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cure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defend ants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI
FINANCE
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activ ity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be col lected as provided in Section 6.18 of this charter. The city council by ordinance may estab lish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, tele phone companies, electric companies, cable television companies, gas companies, transporta tion companies, and other similar organizations. The city council shall determine the dura tion, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurte-

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nances from the abutting property owners under such terms and conditions as are reasona ble. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not pre cluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial ac counting and reporting of each and every office, department, agency, and activity of the city government.
Section 6.23. Budget ordinance. The city council shall provide an ordinance on the pro cedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
Section 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal poli cies of the city, the important features of the budget, explanations of major changes recom mended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.25. Adoption, (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than November of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items pro rated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out

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the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordi nance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions or allotments thereof to which it is chargeable.
Section 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
Section 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.
Section 6.28. Capital improvements, (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emer gency as provided in Section 3.17 of this charter.
(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than November of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the ap propriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital im provements budget shall become effective only upon adoption by majority vote of the city council.
Section 6.29. Audits. There shall be an an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city coun cil. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
Section 6.30. Procurement and property management. No contract with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and
(3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.
Section 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.32. Sale of property, (a) The city council may sell and convey any real or

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personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, not withstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
Section 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or adminis trative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
Section 7.13. Definitions and construction, (a) Section captions in this charter are in formative only and shall not be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
Section 7.14. Specific repealer. An Act amending, consolidating, and superseding the several Acts incorporating the City of Blue Ridge, in the County of Fannin, State of Geor gia, and creating a new charter and municipal government for said municipal corporation, approved March 23, 1935 (Ga. L. 1935, p. 928), as amended, is repealed in its entirety.
Section 7.15. Annexation referendum. Not less than 30 nor more than 90 days after the date of the approval of this Act by the Governor or after it otherwise becomes law and unless prohibited by the federal Voting Rights Act of 1965, as amended, it shall be the duty of the election superintendent of the City of Blue Ridge to issue the call for an election for the purposes of submitting Section 1.11A of this Act to the electors of the City of Blue Ridge for approval or rejection; and it shall be the duty of the election superintendent of Fannin County to issue the call for an election for the purpose of submitting Section 1.11A of this Act to the electors of the area proposed to be annexed for approval or rejection. Each superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. Each superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preced-

MONDAY, MARCH 13, 1989

2075

ing the date thereof in the official organ of the City of Blue Ridge or Fannin County, as appropriate. The ballot shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall Section 1.11A of the Act be approved which annexes additional territory of Fannin County to the corporate limits of the City of Blue Ridge?"

Those persons desiring to vote for approval of Section 1.11A of this Act shall vote "Yes," and those persons desiring to vote for rejection of Section 1.11A of this Act shall vote "No." If more than one-half of the votes cast on such question from the combined votes of the voters from the present corporate limits of the City of Blue Ridge and the area proposed to be annexed are for approval of Section 1.11A of this Act, Section 1.11A shall become of full force and effect upon certification of the results of the election. Otherwise, it shall be void and of no force and effect and Section 1.11A shall stand repealed in its entirety.

At least 30 days prior to said election, the election superintendent of the City of Blue Ridge shall prepare a separate list of voters residing in the area proposed to be annexed who are registered to vote in the county. Each of said voters shall be eligible to vote in the election. The election superintendent of Fannin County shall furnish any information which may be required in the preparation of such list of voters by the election superintendent of the City of Blue Ridge. The City of Blue Ridge shall pay to Fannin County the actual expenses of furnishing such information as is required.

The expense of such election shall be borne by the City of Blue Ridge. It shall be the duty of the election superintendent of the City of Blue Ridge to hold and conduct such election in the City of Blue Ridge, and it shall be the duty of the election superintendent of Fannin County to hold and conduct such election in the area proposed to be annexed. It shall be each superintendent's further duty to certify the results thereof to the Secretary of State.

Section 7.16. Effective dates, (a) Except for Section 1.11A of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

(b) The effective date of Section 1.11A of this Act, if it becomes effective, shall be determined as provided in Section 7.15 of this Act.

Section 7.17. General repealer. All laws and parts of laws in conflict with this Act are repealed.

Senator Brannon of the 51st moved that the Senate agree to the House substitute to SB 314.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 314.

The President announced that the Senate would stand in recess from 12:34 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., Senator Scott of the 2nd called the Senate to order at the direc tion of the President.

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 106. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to acts constituting crimi nal trespass on public hunting or fishing areas; to limit the shell size and increase

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JOURNAL OF THE SENATE

the shot size for hunting certain animals; to change certain creel and possession limits of fish; to change provisions relating to mountain trout taken from certain reservoirs.

The President resumed the Chair.

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

HB 839. By Representatives Lee of the 72nd and Walker of the 115th:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to rates for legal advertisements, so as to change the rates for legal advertisements.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Barker Broun Burton Clay
SSr Dean
Edge English Engram

Foster Garner Gillis Hammill
IS"8 Newbill
Olmstead Parker Perry

Pollard Ragan of 10th Ragan of 32nd ^
^cott of 2nd Scott of 36th
Tate Taylor Tysinger

Voting in the negative were Senators Collins and Coverdell.

Those not voting were Senators:

Albert Allgood (excused conferee) Baldwin Barnes (excused conferee)

Fuller Harris Howard Johngon

Peevy Phillips Shumake Starr (excused conferee)

Brannon
Dawkins Echols Fincher

Kennedy (excused conferee) Stumbaugh

Kidd Langford

Timmons Turner

McKenzie (excused conferee) Walker

On the passage of the bill, the yeas were 29, nays 2.

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

HB 16. By Representative Groover of the 99th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," so as to provide for a network of developmental highways throughout the state; to provide for funding for such system.
Senate Sponsor: Senator Coleman of the 1st.

MONDAY, MARCH 13, 1989

2077

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Hammill Howard Huggins Johnson Land

Olmstead Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Taylor Tysinger

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Albert Allgood (excused conferee)
^BDoraawwneknnionns
Fuller Harris

Kennedy (excused conferee) Shumake

Kidd

Starr (excused conferee)

Langford McKenzie

(excused,

conferee).

_STt.iummmboanusgh

Phillips Pollard

Turner Walker

On the passage of the bill, the yeas were 36, nays 1.

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

HB 69. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
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 listings of controlled sub stances and dangerous drugs and provide for exceptions and exemptions.
Senate Sponsor: Senator Fincher of the 54th.

The Senate Committee on Human Resources offered the following substitute to HB 69:

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 and provide for exceptions, exemptions, and exclusions; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to 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;

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JOURNAL OF THE SENATE

(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;

(OO) 3,4-Methylenedioxy-N-Ethylamphetamine;

(PP) 4-Methylaminorex;

(QQ) N-Hydroxy-3,4-Methylenedioxyamphetamine;

(RR) Beta-Hydroxy-3-Methylfentanyl;

(SS) MDMA (3, 4 Methylene Dioxymethamphetamine);

(TT) N, N-Dimethylamphetamine;"

Section 2. 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 3. 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 4. 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 5. Said chapter is further amended by striking "or" at the end of subparagraph (E) of paragraph (1) of Code Section 16-13-29, relating to Schedule V controlled substances, striking the period at the end of paragraph (2) of that Code Section 16-13-29 and inserting in its place a semicolon, and adding immediately thereafter new paragraphs to read as follows:

"(3) Propylhexedrine; or

(4) Pyrovalerone;"

Section 6. Said chapter is further amended by adding immediately following the listing of Azmadrine in Code Section 16-13-29.1, relating to exclusion of certain nonnarcotic sub stances, the following:

"Benzedrex Inhaler
(Inhaler)

Propylhexedrine

Smith Kline Consumer
Products"

MONDAY, MARCH 13, 1989

2079

Section 7. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, relating to dangerous drug definitions, the following:
"(68) Asparaginase; (160) Cephradine; (465) Idoxuridine; (490) lothiouracil; (629.1) Nabilone; (641) Niacinamide--See exceptions; (649) Nitrous oxide--See exceptions; (704) Pentylenetetrazol;", and by adding in the appropriate paragraph positions in that subsection (b) the following new paragraphs: "(67.3) Asparaginase; (67.6) Astemizole; (145.6) Carteolol; (152.7) Cefotiam; (159.3) Cephradine; (159.6) Ceretec; (270.5) Diclofenac sodium; (359.5) Ethanolamine oleate; (464.3) Idoxuridine; (464.6) Ifosfamide; (489.3) lothiouracil; (489.6) loversol; (567.5) Mesna; (619.5) Misoprostol; (631.5) Naftifine; (640.3) Niacinamide--See exceptions; (640.7) Nicardipine HCL; (644.5) Nimodipine; (648.3) Nitrous oxide--See exceptions; (648.6) Nizatidine; (661.5) Octreotide acetate; (668.5) Oxiconazole nitrate; (703.4) Pentylenetetrazol; (703.7) Pergolide; (967.5) Tiopronin;" Section 8. Said chapter is further amended by striking the period at the end of para graph (30) of subsection (c) of said Code Section 16-13-71, relating to dangerous drug defini-

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JOURNAL OF THE SENATE

tions, and inserting in its place "; or" and by adding immediately thereafter a new para graph to read as follows:
"(31) Loperamide Oral Liquid (1.00 mg/5.00 ml);"
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Hammill Howard Huggins Land Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Taylor Tysinger

Those not voting were Senators:

Albert Allgood (excused conferee) Baldwin BBorawnennon
Dawkins Fuller

Harris

Shumake

Johnson

Starr (excused conferee)

J5e"nedy (excused conferee) Stumba h

KLaidndgford

,,T,i.mmons

McKenzie (excused conferee) Turner

Phillips

Walker

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Broun
B urton PCCoo,llyleimnsan Deal Dean Echols Edge

English Engram Fincher Foster
Garner Gillis Hammill Howard Huggins Johnson Land

Newbill Olmstead Parker Perry
Ragan of 10th RRaagyBan of 32nd Scott of 36th Tate Taylor Tysinger

MONDAY, MARCH 13, 1989

2081

Those not voting were Senators:

Allgood (excused conferee) Baldwin
Bwen ,-, , ,, Dawkins Fuller Harris

Kennedy (excused conferee) Scott of 2nd

Kidd

Shumake

Langford

Starr (excused conferee)

McKenzie (excused conferee) Stumbaugh

Peevv

Timmons

Phillips

Turner

Pollard

Walker

On the passage of the bill, the yeas were 34, nays 0.

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

Senator Garner of the 30th moved that, since the First Conference Committee report on the following bill of the Senate was rejected, a Second Conference Committee be appointed:

SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President ap pointed as a Second Conference Committee on SB 257 on the part of the Senate the following:
Senators Garner of the 30th, Kennedy of the 4th and Kidd of the 25th.
Senator Scott of the 2nd resumed the Chair at the direction of the President.
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 295. By Representative Connell of the 87th:
A resolution authorizing and directing the conveyance of certain state owned property located in Richmond County, Georgia.
Senate Sponsors: Senators Allgood of the 22nd and Albert of the 23rd.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Burton Clay

Coleman Collins Coverdell Deal Dean Echols Edge English

Engram Fincher Fuller Garner Gillis Hammill Harris Huggins

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JOURNAL OF THE SENATE

Johnson LNTaenwdubi.l,,l p ar ker Perry

Pollard Ragan of 10th Ragan of 32nd Ray

Tate Taylor Turner Tysinger

Those not voting were Senators:

Allgood (excused conferee) Langford

Scott of 36th

Brannon

McKenzie (excused conferee) Shumake

PFHoaoswwtekarirnds

Olmstead Peevv

SSttuarmr b,(aeuxgchused conferee)

Kennedy (excused conferee) Phillips

Timmons

Kidd

Scott of 2nd (presiding) Walker

On the adoption of the resolution, the yeas were 37, nays 0.

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

HB 556. By Representatives Oliver of the 53rd, Hamilton of the 124th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to define "dependent child"; to provide that when a court orders temporary or permanent child sup port for a minor child such support shall continue until such child reaches the age of 22 years or the child is no longer a dependent child or until such time as the court modifies its order.
Senate Sponsor: Senator Parker of the 15th.

Thheereport 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 Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Land Langford McKenzie

Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Dawkins

Kidd

Brannon

Kennedy (excused conferee) Olmstead

MONDAY, MARCH 13, 1989

2083

Scott of 2nd (presiding) Starr (excused conferee)

Stumbaugh Tate

Timmons

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

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

The following local bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 789. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to create the Rome-Floyd County Commission on Children and Youth.

The House amendment was as follows:

Amend the Senate substitute to HB 789 by deleting from line 11 of page 1 the number "21" and inserting in its place the number "22".
By deleting from line 26 of page 1 and line 5 of page 2 the phrase "housewife-mother" and inserting in lieu thereof the phrase "member at large".
By deleting lines 11 through 14 of page 2 and inserting in lieu thereof the following:
"Two members to be appointed by the district medical director, District 1, Unit 1 of the Department of Human Resources, to serve for initial terms of one year;".
By deleting from line 20 of page 2 and lines 14 and 15 of page 3 the words "director of District 1" and inserting in lieu thereof "district medical director, District 1, Unit 1".
By deleting from lines 22 and 23 on page 2 the symbol and words ", who shall serve for initial terms of two years".
By deleting from lines 24 and 25 of page 2 the words "Rome Central Labor Union" and inserting in lieu thereof the words "President of the Rome Central Labor Council".
By deleting lines 30 through 32 of page 2 and inserting in lieu thereof the following:
"(11) One member who shall be the director of the Rome Boys Club or his designee, to serve for an initial term of one year."
By deleting from line 3 of page 4 the words "or reimbursement for expenses from public funds".
By redesignating Sections 6 and 7 on page 4 as Sections 7 and 8, respectively.
By adding between lines 21 and 22 of page 4 the following:
"Section 6. Each member of the commission shall be given the following oath to be administered by the senior judge of the Superior Court of Floyd County:
'Recognizing the fact that there are many social, economic, and educational issues that prevent our children from achieving their potential and desiring to play a part in improving these adverse conditions, I, ___________, do solemnly swear that as a member of the Rome-Floyd County Commission on Children and Youth I will fulfill the duties and respon sibilities of my appointment to the best of my ability.' "

Senator Fuller of the 52nd moved that the Senate agree to the House amendment to the Senate substitute to HB 789.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 789.

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JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 329. By Senator Peevy of the 48th:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed.
The House substitute to SB 329 was as follows:
A BILL
To be entitled an Act to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed; to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of periods of limita tion, so as to provide that the period of limitation for filing an action for medical malprac tice shall be tolled under certain circumstances if the injured person is delayed in obtaining medical information from a health care provider; to provide for resumption of such period of limitation; to provide for practices, procedures, and requirements relative to the tolling of the statute of limitations; to provide for a statement of intent; to amend Code Section 9-119.1 of the Official Code of Georgia Annotated, relating to the requirement of an affidavit to accompany a complaint in an action for medical malpractice, so as to provide for the effect of a failure to file an affidavit; 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 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or, if permitted by the federal rules of civil proce dure, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to the require ment of payment of costs in the original action as required by subsection (d) of Code Sec tion 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expira tion of the applicable period of limitation, this privilege of renewal shall be exercised only once."
Section 2. Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of periods of limitation, is amended by inserting immediately following Code Section 9-3-97 a new Code Section 9-3-97.1 to read as follows:
"9-3-97.1. (a) The periods of limitation for bringing an action for medical malpractice as provided in Code Sections 9-3-71 and 9-3-72 shall be tolled if:
(1) The injured person or his duly appointed attorney makes a request by certified or registered mail, return receipt requested, upon any physician, hospital, or other health care provider for medical records in their custody or control relating to such injured person's health or medical treatment which medical records the injured person is entitled by law to receive;
(2) The request, if made by an injured person's duly appointed attorney, has enclosed therewith a properly executed medical authorization authorizing release of the requested information to said attorney;

MONDAY, MARCH 13, 1989

2085

(3) Such request expressly requests that the medical records be mailed to the injured person or his attorney by certified or registered mail, return receipt requested and state therein that the requested records are needed by the injured person for possible use in a medical malpractice action;
(4) The injured person or his attorney has promptly paid all fees and costs charged by such physician, hospital, or other health care provider for compiling, copying, and mailing such medical records; and
(5) Such medical records or a letter of response stating that the provider does not have custody or control of the medical records has not been received by the injured person or his attorney within 21 days of the date of receiving such request.
Such periods of limitation shall cease to run on the twenty-second day following the day such request was received and shall resume on the day following the date such medical records, or response stating that the provider does not have custody or control of the medi cal records, or response stating that the provider does not have custody or control of the medical records, are actually received by such injured person or his attorney; provided, how ever, that such periods of limitation shall be tolled only once for any cause of action.
(b) Any action filed in reliance upon a tolling of the statute of limitations as authorized by this Code section shall contain in the complaint as first filed allegations showing that the plaintiff is entitled to rely upon the provisions of this Code section, and said complaint as first filed shall have attached thereto as exhibits copies of the request, medical release, and evidence of mailing and receipt by certified or registered mail.
(c) Notwithstanding any other provision of this Code section, no period of limitation shall be tolled for a period exceeding 90 days except as provided in this subsection. In the event the procedure set forth in subsection (a) of this Code section has been followed by an injured person but the requested records or a letter of response stating that the provider does not have custody or control of the medical records have not been received within 85 days, the injured person shall have the right to petition the court for an order tolling the period of limitation beyond the 90 days and requiring the delivery of the medical records originally requested or a letter of response stating that the provider does not have custody or control of the medical records.
(d) It is intended that the provisions of this Code section tolling the statute of limita tions for medical malpractice under certain circumstances be strictly complied with and strictly construed."
Section 3. Code Section 9-11-9.1, relating to the requirement of an affidavit to accom pany a complaint in an action for medical malpractice, is amended by adding at the end thereof two new subsections (e) and (f) to read as follows:
"(e) Except as allowed under subsection (b) of this Code section, if a plaintiff fails to file an affidavit as required by this Code section contemporaneously with a complaint alleg ing professional malpractice and the defendant raises the failure to file such an affidavit in its initial responsive pleading, such complaint is subject to dismissal for failure to state a claim and cannot be cured by amendment pursuant to Code Section 9-11-15 unless a court determines that the plaintiff had the requisite affidavit available prior to filing the com plaint and the failure to file the affidavit was the result of a mistake.
(f) If a plaintiff fails to file an affidavit as required by this Code section and the defend ant raises the failure to file such an affidavit in its initial responsive pleading, such com plaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expira tion of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit available prior to filing the complaint and the failure to file the affida vit was the result of a mistake."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Peevy of the 48th moved that the Senate agree to the House substitute to SB 329.

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 Bwen
j? roun "arton Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner
Gillis Hammill Harris Huggins Johnson Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Brannon Coverdell Howard

Kennedy (excused conferee) Starr (excused conferee)

Langford

Stumbaugh

Scott of 2nd (presiding) Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 329.

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

HB 261. By Representatives Waddle of the 113th, Adams of the 79th, Heard of the 43rd, Jones of the 71st and Felton of the 22nd:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to au thorize businesses to designate additional handicapped parking places for use by nonambulatory permanently handicapped persons; to provide for the marking of such handicapped parking places for the nonambulatory.
Senate Sponsor: Senator Ragan of the 32nd.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes

Bowen Broun Burton Clay

Coleman Collins Coverdell Dawkins

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Deal Dean Echols Edge English Engrain Fincher Foster Fuller Garner Gillis Hammill

Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Perry

Phillips Pollard Ragan of 32nd Ray Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Peevy

Brannon

Ragan of 10th

Kennedy (excused conferee) Scott of 2nd (presiding)

Starr (excused conferee) Stumbaugh

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

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

HB 749. By Representatives Balkcom of the 140th, Reaves of the 147th, Moore of the 139th and others:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to repeal and replace the "Georgia Plant Food Act of 1970"; to provide for a short title; to provide for definitions; to provide for enforcement; to provide for the licensing of distributor of fertilizers, plant foods, and plant nutrients.
Senate Sponsor: Senator English of the 21st.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun
Clay CCoollleimnsan Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis
Hammill Harris HHuogwgairnds
Johnson Kidd Land Langford
McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th R of 32nd R fccot.,t oef Q36e ,tih
Shumake l ate Tavlor Timmons
Turner Tysinger Walker

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Those not voting were Senators:

Allgood (excused conferee) Kennedy (excused conferee) Starr (excused conferee)

Brannon

Scott of 2nd (presiding) Stumbaugh

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

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

The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 340. By Senators Barnes of the 33rd, Newbill of the 56th, Clay of the 37th and Ragan of the 32nd:
A bill to provide for the Marietta-Cobb 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 proper to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances.

The House substitute to SB 340 was as follows:

A BILL
To be entitled an Act to provide for the Marietta-Cobb County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such ac tions and do such things as it shall deem proper to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dis pensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commission to con tract and to acquire, purchase, lease, receive, hold, possess, use, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, political subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the commission; to provide that no debt or obligation of the City of Marietta or the County of Cobb shall be incurred in the exercise of any of the powers granted by this Act; to provide the term or period of time that such commission shall exist and to provide for the termination or dissolution of such commission; to provide for severability; to repeal conflicting laws; and for other purposes.
WHEREAS, it is desirable and in the public interest that actions be initiated and im plemented to control or deter, with the ultimate objective of eliminating, the unlawful use and possession of dangerous drugs and controlled substances in the City of Marietta and in Cobb County; that educational programs to inform and warn the public of the harmful ef fects and dangers of such drugs and substances be implemented with due deliberate speed; that appropriate actions be taken to investigate the widespread use and possession of such drugs and substances; that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from soci ety; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act may be cited as the "Marietta-Cobb County Anti-Drug Commission Act."

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Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the "Marietta-Cobb County Anti-Drug Commission," which shall be deemed to be a public corporation and by such name, style, and title, may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity; provided, however, that the commission shall have and enjoy any and all
immunities as are now or hereafter granted to it or authorized by the Constitution and laws of this state.

Section 3. Term of existence or duration. The commission shall have existence for and during a term of five years, beginning on July 1, 1989, and terminating on June 30, 1994, at which time such commission shall be dissolved and shall thereafter be nonexistent.

Section 4. Composition, (a) The commission shall be composed of 32 members, to fill the 32 respective posts, as follows:

Post

Members

1. The mayor of the City of Marietta; 2. The chairman of the board of commissioners of Cobb County; 3. The mayor of the City of Austell; 4. The mayor of the City of Smyrna; 5. The mayor of the City of Acworth; 6. The mayor of the City of Kennesaw; 7. The mayor of the City of Powder Springs; 8. The chairman of the South Cobb Development Authority; 9. The sheriff of Cobb County; 10. The chief of police of the City of Marietta; 11. The Public Safety Director of Cobb County; 12. The superintendent of the Cobb County School System; 13. The superintendent of the Marietta City School System; 14. The chairman of the Board of Health of Cobb County; 15. The district attorney of the Cobb Judicial Circuit or any successor judicial circuit
that embraces or includes the Superior Court of Cobb County; 16. The president of Cobb County Medical Association; 17. The president of the Cobb County Pharmacy Association; 18. The president of the Cobb County Chamber of Commerce; 19-20. One member shall be appointed to each of these two posts by the governing author
ity of the City of Marietta for such term of office as such commission may desire during the five-year period of existence of such commission; 21-22. One member shall be appointed to each of these two posts by the governing author ity of the County of Cobb for such term of office as such commission may desire during the five-year period of such commission; 23-26. Two members who shall represent the western portion of Cobb County shall be appointed to two of these four posts and two members who shall represent the east ern portion of Cobb County shall be appointed to two of these four posts by a ma jority vote of the members of the General Assembly whose districts lie wholly or partially within Cobb County; and 27-32. Three members of the Senate whose districts lie wholly or partially within Cobb County and three members of the House of Representatives whose districts lie wholly or partially within Cobb County shall be appointed to these posts by a ma jority vote of the members of the General Assembly whose districts lie wholly or partially within Cobb County.

(b) Each of the officers in Posts 1 through 18 and in Posts 27 through 32 shall serve as a member of such commission only during his or her respective term of office and each shall be succeeded as a member of such commission by his or her respective successor in office during the five-year term of existence of said commission, with the right and privilege of any such officer, should he or she deem it inappropriate for any reason or cause to serve on such commission, to designate a member to serve in his or her place on said commission.

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Section 5. Vacancies, (a) Any vacancy in the above-designated Post 19 or 20 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing author ity of the City of Marietta.
(b) Any vacancy in the above-designated Post 21 or 22 occurring by the death, resigna tion, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the County of Cobb.
(c) Any vacancy in the above-designated Post 23, 24, 25, or 26 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the mem ber whose seat has been vacated by a person appointed by a majority vote of the members of the General Assembly whose districts lie wholly or partially within Cobb County.
(d) If any of the above-designated offices of members of Posts 1 through 18 and Posts 27 through 32 should become vacant or be discontinued or become nonexistent for any cause or reason whatever, the Grand Jury of the Superior Court of Cobb County shall appoint a person to fill such vacancy.
Section 6. Officers. Annually, the commission shall elect one of its members to serve as chairman of the commission and another of its members to serve as vice chairman of the commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commission. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings of the com mission and shall serve as its chief executive officer. For and during the absence, disqualifi cation, or disability of the chairman, the vice chairman shall serve as chairman. If the chair man's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office.
Section 7. Meetings. The commission shall hold at least one regular meeting quarterannually at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed as the members of the commission may deem meet and proper. The commission may hold such other regular, spe cial, or additional meetings as it may deem necessary or proper. No notice shall be required to be given for any regular meeting, being any meeting designated to be held regularly by resolution of the members of the commission, such as quarter-annual, bimonthly, monthly, semimonthly, or weekly meetings or other such meetings held at regular periodic intervals. The commission is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and purpose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission pre sent at any meeting may adjourn the meeting from time to time until a quorum can be obtained. Notice of any adjourned meeting need only be given by announcement at the meeting at which the adjournment is taken. All resolutions adopted and all business trans acted by the commission shall require the affirmative vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings and may adopt such rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meetings.
Section 8. Operating budgets. It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Mari etta and the County of Cobb with each such entity contributing an equal amount to the commission for such purpose on or before the first day of July of each of the five years of the existence of the commission and beginning on July 1, 1989. The commission shall make

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a written request to the City of Marietta and the County of Cobb for operating funds pursu ant to an operating budget made by the commission. The first such request for funds shall be submitted to the respective governing authorities of the City of Marietta and the County of Cobb on or before April 15, 1989, and each of the four succeeding annual requests shall be submitted on or before April 1 of each of the next four years. The amount of each such contribution shall be entirely discretionary with the City of Marietta and the County of Cobb. In addition to any such contribution, both the City of Marietta and the County of Cobb are authorized to make such additional contributions to the commission as each such entity may deem appropriate, solely within the sound discretion of such entity making the contribution.
Section 9. Compensation. From funds granted to or acquired by the commission, the members of the commission shall fix and determine the amount of, and the time and man ner of paying, compensation to its members, officers, agents, and employees, all within their sound discretion.
Section 10. Purpose and authorizations. Said commission is created for the purpose of taking all such actions and doing all such things, as it shall deem meet and proper, to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, posses sion, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and said com mission is authorized:
(1) To work and cooperate with, and to seek the cooperation of, the City of Marietta and all other municipalities of the State of Georgia; the County of Cobb and all other coun ties or political subdivisions of the State of Georgia; the State of Georgia, including each of its departments, agencies, entities, or instrumentalities; and the United States of America, including each of its departments, agencies, entities, or instrumentalities, in the furtherance of the purpose of the commission;
(2) To prepare, publish, and disseminate information in support of its purpose;
(3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances;
(4) To expend, use, and disburse its funds and properties, pursuant to its powers and authorizations provided in this Act, to accomplish the above-stated purpose of the existence of such commission;
(5) To provide programs such as drug prevention programs, drug treatment programs, and such other programs that it may deem meet and proper in the fulfillment of its purpose and objectives; and
(6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it.
Section 11. Additional powers. The commission shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To enter into agreements with the City of Marietta, with the County of Cobb, or with any other political subdivision or municipal corporation of the state in the exercise of its charge;
(4) To receive and accept gifts and grants of money and property from the private or public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes;
(5) To make contracts, leases, and conveyances and to execute all instruments necessary or convenient for the purpose of exercising its powers and performing its duties and func tions as provided for in this Act;

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(6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the State of Georgia, or any agency or instrumentality thereof; the City of Marietta, the County of Cobb, or any other municipality or political subdivision of the State of Georgia; upon such terms and conditions as such governmental entity, agency, municipality, county, or political subdi vision may require or impose;
(7) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders of such promissory notes evidencing such indebtedness;
(8) To exercise any power granted by the laws of the State of Georgia to private corpo rations which is not in conflict with the purposes of the commission; and
(9) To do all things necessary or convenient to execute and carry out the powers ex pressly given and provided in this Act.
Section 12. Tax-exempt status of the commission. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and special assess ments of any city, county, or the state, or any political subdivision thereof.
Section 13. Rules and regulations. It shall be the duty of the commission to prescribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission.
Section 14. Obligations of the commission. No debt or obligation whatsoever incurred by the commission shall be construed to be a debt or obligation of either the City of Mari etta or the County of Cobb.
Section 15. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought in the State Court of Cobb County or the Superior Court of Cobb County, and such courts shall have the exclusive, original jurisdiction of any such actions.
Section 16. Powers declared supplemental and additional. The foregoing provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
Section 17. Liberal construction of this Act. This Act, being for the welfare of various municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes stated by this Act.
Section 18. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent juris diction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 19. Specific repealer. This Act does not in any way take from the State of Geor gia, or any department, agency, or instrumentality thereof, the City of Marietta or Cobb County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic.
Section 20. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 21. General repealer. All laws and parts of law in conflict with this Act are repealed.

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Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 340 by the following Senate substitute:

A BILL
To be entitled an Act to provide for the Marietta-Cobb 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 proper to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled sub stances, as defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commission to con tract and to acquire, purchase, lease, receive, hold, possess, use, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, political subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the commission; to provide that no debt or obligation of the City of Marietta or the County of Cobb shall be incurred in the exercise of any of the powers granted by this Act; to provide the term or period of time that such commission shall exist and to provide for the termination or dissolution of such commission; to provide for severability; to repeal conflicting laws; and for other purposes.
WHEREAS, it is desirable and in the public interest that actions be initiated and im plemented to control or deter, with the ultimate objective of eliminating, the unlawful use and possession of dangerous drugs and controlled substances in the City of Marietta and in Cobb County; that educational programs to inform and warn the public of the harmful ef fects and dangers of such drugs and substances be implemented with due deliberate speed; that appropriate actions be taken to investigate the widespread use and possession of such drugs and substances; that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from soci ety; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act may be cited as the "Marietta-Cobb County Anti-Drug Commission Act."
Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the "Marietta-Cobb County Anti-Drug Commission," which shall be deemed to be a public corporation and by such name, style, and title, may contract and be contracted with, sue and be sued, implead, and be impleaded, and complain and defend in all courts of law and equity; provided, however, that the commission shall have and enjoy any and all immunities as are now or hereafter granted to it or authorized by the Constitution and laws of this state.
Section 3. Term of existence or duration. The commission shall have existence for and during a term of five years, beginning on July 1, 1989, and terminating on June 30, 1994, at which time such commission shall be dissolved and shall thereafter be nonexistent.
Section 4. Composition, (a) The commission shall be composed of 30 members, to fill the 30 respective posts, as follows:

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Post

Members

1. The mayor of the City of Marietta; 2. The chairman of the board of commissioners of Cobb County; 3. The mayor of the City of Austell; 4. The mayor of the City of Smyrna; 5. The mayor of the City of Acworth; 6. The mayor of the City of Kennesaw; 7. The mayor of the City of Powder Springs; 8. The chairman of the South Cobb Development Authority; 9. The sheriff of Cobb County; 10. The chief of police of the City of Marietta; 11. The Public Safety Director of Cobb County; 12. The superintendent of the Cobb County School System; 13. The superintendent of the Marietta City School System; 14. The chairman of the Board of Health of Cobb County; 15. The district attorney of the Cobb Judicial Circuit or any successor judicial circuit
that embraces or includes the Superior Court of Cobb County; 16. The president of the Cobb County Medical Association; 17. The president of the Cobb County Pharmacy Association; 18. The president of the Cobb County Chamber of Commerce; 19-20. One member shall be appointed to each of these two posts by the governing author
ity of the City of Marietta for such term of office as such commission may desire during the five-year period of existence of such commission; 21-22. One member shall be appointed to each of these two posts by the governing author ity of the County of Cobb for such term of office as such commission may desire during the five-year period of such commission; 23-26. Two members who shall represent the western portion of Cobb County shall be appointed to two of these four posts and two members who shall represent the east ern portion of Cobb County shall be appointed to two of these four posts by a ma jority vote of the members of the House of Representatives whose districts lie wholly or partially within Cobb County; 27. One member who shall be appointed by the Senator representing state Senate Dis trict 32; 28. One member who shall be appointed by the Senator representing state Senate Dis trict 33; 29. One member who shall be appointed by the Senator representing state Senate Dis trict 37; and 30. One member who shall be appointed by the Senator representing state Senate Dis trict 56.

(b) Each of the officers in Posts 1 through 18 shall serve as a member of such commis sion only during his or her respective term of office and each shall be succeeded as a mem ber of such commission by his or her respective successor in office during the five-year term of existence of said commission, with the right and privilege of any such officer, should he or she deem it inappropriate for any reason or cause to serve on such commission, to designate a member to serve in his or her place on said commission.

Section 5. Vacancies, (a) Any vacancy in the above-designated Post 19 or 20 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing author ity of the City of Marietta.

(b) Any vacancy in the above-designated Post 21 or 22 occurring by the death, resigna tion, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the County of Cohb.

(c) Any vacancy in the above-designated Post 23, 24, 25, or 26 occurring by the death,

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resignation, or otherwise of such member shall be filled for the unexpired term of the mem ber whose seat has been vacated by a person appointed by a majority vote of the members of the House of Representatives whose districts lie wholly or partially within Cobb County.
(d) Any vacancy in the above-designated Post 27, 28, 29, or 30 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of office by a person appointed by the state Senator who appointed the member whose seat has been vacated.
(e) If any of the above-designated offices of members of Posts 1 through 18 should become vacant or be discontinued or become nonexistent for any cause or reason whatever, the Grand Jury of the Superior Court of Cobb County shall appoint a person to fill such vacancy.
Section 6. Officers. Annually, the commission shall elect one of its members to serve as chairman of the commission and another of its members to serve as vice chairman of the commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commission. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings of the com mission and shall serve as its chief executive officer. For and during the absence, disqualifi cation, or disability of the chairman, the vice chairman shall serve as chairman. If the chair man's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office.
Section 7. Meetings. The commission shall hold at least one regular meeting quarterannually at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed as the members of the commission may deem meet and proper. The commission may hold such other regular, spe cial, or additional meetings as it may deem necessary or proper. No notice shall be required to be given for any regular meeting, being any meeting designated to be held regularly by resolution of the members of the commission, such as quarter-annual, bimonthly, monthly, semimonthly, or weekly meetings or other such meetings held at regular periodic intervals. The commission is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and purpose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission pre sent at any meeting may adjourn the meeting from time to time until a quorum can be obtained. Notice of any adjourned meeting need only be given by announcement at the meeting at which the adjournment is taken. All resolutions adopted and all business trans acted by the commission shall require the affirmative vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings and may adopt such rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meetings.
Section 8. Operating budgets. It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Mari etta and the County of Cobb with each such entity contributing an equal amount to the commission for such purpose on or before the first day of July of each of the five years of the existence of the commission and beginning on July 1, 1989. The commission shall make a written request to the City of Marietta and the County of Cobb for operating funds pursu ant to an operating budget made by the commission. The first such request for funds shall be submitted to the respective governing authorities of the City of Marietta and the County of Cobb on or before April 15, 1989, and each of the four succeeding annual requests shall be submitted on or before April 1 of each of the next four years. The amount of each such

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contribution shall be entirely discretionary with the City of Marietta and the County of Cobb. In addition to any such annual contribution, both the City of Marietta and the County of Cobb are authorized to make such additional contributions to the commission as each such entity may deem appropriate, solely within the sound discretion of such entity making the contribution.
Section 9. Compensation. From funds granted to or acquired by the commission, the members of the commission shall fix and determine the amount of, and the time and man ner of paying, compensation to its members, officers, agents, and employees, all within their sound discretion.
Section 10. Purpose and authorizations. Said commission is created for the purpose of taking all such actions and doing all such things, as it shall deem meet and proper, to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, posses sion, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and said com mission is authorized:
(1) To work and cooperate with, and to seek the cooperation of, the City of Marietta and all other municipalities of the State of Georgia; the County of Cobb and all other coun ties or political subdivisions of the State of Georgia; the State of Georgia, including each of its departments, agencies, entities, or instrumentalities; and the United States of America, including each of its departments, agencies, entities, or instrumentalities, in the furtherance of the purpose of the commission;
(2) To prepare, publish, and disseminate information in support of its purpose;
(3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances;
(4) To expend, use, and disburse its funds and properties, pursuant to its powers and authorizations provided in this Act, to accomplish the above-stated purpose of the existence of such commission;
(5) To provide programs such as drug prevention programs, drug treatment programs, and such other programs that it may deem meet and proper in the fulfillment of its purpose and objectives; and
(6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it.
Section 11. Additional powers. The commission shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To enter into agreements with the City of Marietta, with the County of Cobb, or with any other political subdivision or municipal corporation of the state in the exercise of its charge;
(4) To receive and accept gifts and grants of money and property from the private or public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes;
(5) To make contracts, leases, and conveyances and to execute all instruments necessary or convenient for the purpose of exercising its powers and performing its duties and func tions as provided for in this Act;
(6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the State of Georgia, or any agency or instrumentality thereof; the City of Marietta, the County of Cobb, or any other municipality or political subdivision of the State of Georgia; upon such terms

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and conditions as such governmental entity, agency, municipality, county, or political subdi vision may require or impose;
(7) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders of such promissory notes evidencing such indebtedness;
(8) To exercise any power granted by the laws of the State of Georgia to private corpo rations which is not in conflict with the purposes of the commission; and
(9) To do all things necessary or convenient to execute and carry out the powers ex pressly given and provided in this Act.
Section 12. Tax-exempt status of the commission. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and special assess ments of any city, county, or the state, or any political subdivision thereof.
Section 13. Rules and regulations. It shall be the duty of the commission to prescribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission.
Section 14. Obligations of the commission. No debt or obligation whatsoever incurred by the commission shall be construed to be a debt or obligation of either the City of Mari etta or the County of Cobb.
Section 15. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought in the State Court of Cobb County or the Superior Court of Cobb County, and such courts shall have the exclusive, original jurisdiction of any such actions.
Section 16. Powers declared supplemental and additional. The foregoing provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
Section 17. Liberal construction of this Act. This Act, being for the welfare of various municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes stated by this Act.
Section 18. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent juris diction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 19. Specific repealer. This Act does not in any way take from the State of Geor gia, or any department, agency, or instrumentality thereof, the City of Marietta or Cobb County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic.
Section 20. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 21. General repealer. All laws and parts of law in conflict with this Act are repealed.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 340 by Senate substitute.

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

HB 400. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize certain boards of registrars to correct the list of elec tors and issue new registration cards upon receipt of actual knowledge that an elector has moved.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Johnson

Scott of 2nd (presiding)

Coleman

Kennedy (excused conferee) Starr (excused conferee)

Garner

McKenzie

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

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

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

SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.

Senator Bowen of the 13th moved that the Senate adhere to its disagreement to the House substitute to SB 260, and that a Conference Committee be appointed.

MONDAY, MARCH 13, 1989

2099

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 260.
Senator Scott of the 2nd, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Timmons of the llth, Taylor of the 12th and Bowen of the 13th.
The President resumed the Chair.
The following general bill of the House, having been read the third time and lost on March 6, and reconsidered on March 7, and placed on the Senate Rules Calendar for today, was put upon its passage:
HB 466. By Representatives Groover of the 99th, Walker of the 115th and Murphy of the 18th: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a de fendant on the defendant's personal recognizance pending the defendant's sur rendering voluntarily on a fixed date at a designated correctional institution op erated by or under the jurisdiction and supervision of the Department of Corrections.
Senate Sponsor: Senator Deal of the 49th.
Senator Parker of the 15th moved that the Senate reconsider the substitute to HB 466 offered by the Senate Committee on Judiciary and adopted by the Senate on March 6 as it appears in the Senate Journal of March 6.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the substitute to HB 466 offered by the Senate Committee on Judiciary was reconsidered and put upon its adoption.
Senators Parker of the 15th and Deal of the 49th offered the following amendment:
Amend the substitute to HB 466 offered by the Senate Committee on Judiciary by adding after the word "Corrections" on line 20 of page 1 the following:
"within certain time limits". By striking lines 10 through 12 of page 2 and inserting in lieu thereof the following: "against the laws of this state other than: (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;

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(10) Kidnapping, arson, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection;
(11) Child molestation;
(12) Robbery;
(13) Aggravated assault; or
(14) Voluntary manslaughter
is sentenced to a term of confinement in a county".
By adding after the word "surrender" on line 24 of page 3 and after the word "reporf'on line 29 of page 3 the following:
", which date shall not be more than 120 days after the date of conviction".

On the adoption of the amendment, the yeas were 38, nays 0, 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:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Broun Burton Dawkins Deal
Dean
Echols
Fincher

Foster Fuller Garner Harris Huggms Langford McKenzie Olmstead
Parker
Peevy
Perry

Phillips Ragan of 10th Scott of 36th Stumbaugh Tate ~. laylor Timmons
Turner
Tysinger
Walker

Those voting in the negative were Senators:

Albert Brannon Clay Coleman Collins Coverdell

Edge English Engram Gillis Hammill Land

Newbill Pollard Ragan of 32nd Ray Scott of 2nd Shumake

Those not voting were Senators:

Allgood (excused conferee) Johnson

Kidd

Howard

Kennedy (excused conferee) Starr (excused conferee)

On the passage of the bill, the yeas were 32, nays 18.

MONDAY, MARCH 13, 1989

2101

The bill, having received the requisite constitutional majority, was passed by substitute.
The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:
SB 360. By Senators English of the 21st and Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the definition of certain terms.
The House substitute to SB 360 was as follows:
A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that certain facilities and institutions shall include facili ties providing care for persons who have traumatic brain injury; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental illness, so as to provide for a defini tion of "traumatic brain injury" and provide that such injury shall not be considered a mental illness; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety paragraph (8) of Code Section 31-6-2, relating to defini tions with respect to state health planning and development, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Health care facility' means hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including free standing hemodialysis units; intermediate care facilities; personal care homes not in exis tence on the effective date of this chapter; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; and facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1."
Section 2. Said title is further amended by striking in its entirety paragraph (1) of Code Section 31-7-1, relating to definitions with respect to the regulation and construction of hospitals and other health care facilities, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Institution' means:
(A) Any community mental health and mental retardation facility;
(B) Any building, facility, or place in which are provided two or more beds and other facilities and services that are used for persons received for examination, diagnosis, treat ment, surgery, maternity care, nursing care, or personal care for periods continuing for 24 hours or longer and which is classified by the department, as provided for in this chapter, as either a hospital, nursing home, or personal care home;
(C) Any health facility wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are performed or are to be performed;
(D) Any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the department as an ambulatory surgical treatment center;
(E) Any fixed or mobile specimen collection center or health testing facility where spec imens are taken from the human body for delivery to and examination in a licensed clinical laboratory or where certain measurements such as height and weight determination, limited audio and visual tests, and electrocardiograms are made, excluding public health services operated by the state, its counties, or municipalities;

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(F) Any building or facility, not directly associated with a hospital, which is devoted primarily to the provision, on a nonrecurring basis, of medical treatment to patients with acute injuries or conditions and which is classified by the Department of Human Resources as a freestanding emergency care clinic;
(G) Any building or facility where human births occur on a regular and ongoing basis and which is classified by the Department of Human Resources as a birthing center; or
(H) Any building or facility which is devoted to the provision of treatment and rehabili tative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1.
The term 'institution' shall exclude all physicians' and dentists' private offices and treat ment rooms in which such dentists or physicians primarily see, consult with, and treat patients."
Section 3. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding between paragraphs (16) and (17) of Code Section 37-3-1, relating to definitions with respect to the examination and treatment for mental illness, a new para graph (16.1) to read as follows:
"(16.1) 'Traumatic brain injury' means a traumatic insult to the brain and its related parts resulting in organic damage thereto which may cause physical, intellectual, emotional, social, or vocational changes in a person. It shall also be recognized that a person having a traumatic brain injury may have organic damage or physical or social disorders, but for the purposes of this chapter, traumatic brain injury shall not be considered mental illness as defined in paragraph (11) of this Code section."
Section 4. This Act shall become effective July 1, 1989, except that Sections 1 and 2 of this Act shall become effective January 1, 1990.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator English of the 21st moved that the Senate agree to the House substitute to SB 360.

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 BC,CC,,-,,oloua,llryletiomnnsan
Coverdell
Dawkins Deal Dean
Echols Edge

English Engram Fincher Foster Fuller Gillis Hammill JHIHTHTTouoahrgwnrgisasmordjns
Kidd
Land Langford McKenzie
Newbill Parker

Peevy Perry Phillips Pollard Ragan of I0th Ragan of 32nd R 0SS0o_chcoou,ttm.tt aookfcf,e203QCn6dtjh,
Stumbaugh
Tate Taylor Turner
Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Kennedy (excused conferee) Starr (excused conferee)

Garner

Olmstead

Timmons

MONDAY, MARCH 13, 1989

2103

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 360.
SB 106. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and Hammill of the 3rd:
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 acts constituting crimi nal trespass on public hunting or fishing areas; to limit the shell size and increase the shot size for hunting certain animals; to change certain creel and possession limits of fish; to change provisions relating to mountain trout taken from certain reservoirs.
The House substitute to SB 106 was as follows:
A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to acts constituting crimi nal trespass on public hunting or fishing areas; to limit the shell size and increase the shot size for hunting certain animals; to lengthen the maximum open season for turkey gobblers; to change certain creel and possession limits of fish; to change provisions relating to moun tain trout taken from certain reservoirs; to change the provisions relating to use of public fishing areas; to remove the season restriction from certain trout streams; to limit the num ber of fish baskets allowed on Lake Sinclair and Lake Oconee to five baskets per person; to provide that one person cannot fish with the baskets of another person unless accompanied by such other persons at the time of such fishing; to change provisions relating to reciprocal agreements with adjoining states; to exempt certain persons from the requirement to obtain wild animals permits for triploid grass carp purchased from certain licensed wild animal dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsection (b) of Code Section 27-1-33, relating to regulations for the use of fishing and wildlife management areas, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who enters upon or who hunts, traps, or fishes on any public hunting or fishing area or on any game management area owned or operated, or owned and operated, by the department in violation of this Code section commits the offense of criminal trespass."
Section 2. Said title is further amended by striking paragraph (4) of Code Section 27-34, relating to legal weapons for hunting small game, nongame animals, or nongame birds, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Weapons for hunting small game, nongame animals, or nongame birds shall be limited to shotguns with shot shell size of no greater than 3 '/a inches in length with No. 2 lead shot or smaller or steel shot size of BBB or smaller shot, .22 rimfire rifles, guns using .30 caliber army carbine cartridges, the .32-20, any center-fire rifles with bore diameter of .257 or smaller, all caliber pistols, muzzle loading firearms, longbows, and compound bows;".
Section 3. Said title is further amended by striking subsection (b) of Code Section 27-315, relating to seasons and bag limits, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game spe-

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cies during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:

Games Species

Maximum Open Season Maximum Bag Limits

Daily

Season

(1) Quail

Nov. 1 March 15

12

No limit

(2) Grouse

Oct. 15 -Feb. 29

3

No limit

(3) Turkey gobblers

March 15 -May 21

2

2

(4) Deer

Sept. 15 -Jan. 15

5

5

(5) Bobcat

Oct. 15 -Feb. 29

No limit No limit

(6) Opossum

(A) Oct. 15 -Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties; and
(B) Jan. 1 - Dec. 31 for the remainder of the state

No limit No limit No limit No limit

(7) Rabbit

Nov. 1 -Feb. 29

10

No limit

(8) Raccoon

(A) Oct. 15 -Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties; and
(B) Jan. 1 -Dec. 31 for

No limit No limit No limit No limit

MONDAY, MARCH 13, 1989

2105

the remainder of the state

(9) Squirrel

Aug. 15 Feb. 29

10

No limit

(10) Fox

Jan. 1 Dec. 31

No limit No limit

(11) Migratory game birds

Sept. 1 -March 10

Subject to limits set by the federal government and adopted by the board

(12) Bear

Sept. 15 Jan. 15

1

1

(13) Alligators

April 1 Oct. 31

Subject to limits adopted by the
board."

Section 4. Said title is further amended by striking Code Section 27-4-10, relating to creel and possession limits, and inserting in lieu thereof a new Code Section 27-4-10 to read as follows:
"27-4-10. It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than:

(1) Ten of any one or a combination of the following species:

(A) Largemouth bass;

(B) Smallmouth bass;

(C) Shoal bass;

(D) Suwannee bass;

(E) Spotted bass or Kentucky bass;

(F) Redeye or Coosa bass; (2) Eight of any one or a combination of the following species:

(A) Rainbow trout;
(B) Brook trout;
(C) Brown trout;
(3) Fifteen of any one or a combination of the following species; provided, however, only two fish may be 22 inches or longer in length:

(A) White bass; (B) Striped bass;

(C) Striped-white bass hybrids;
(4) Notwithstanding the provisions of paragraph (3) of this Code section to the con trary, from the Ogeechee River, the Oconee River downstream of Sinclair Dam, the Ocmulgee River downstream of Juliette Dam, the Altamaha River, and the Satilla River:

(A) Fifteen of any one or a combination of the following species: (i) White bass;

(ii) Striped-white bass hybrids; (B) Two striped bass which must be 22 inches or longer in length;

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(5) Fifty of any one or a combination of the game species of bream or sunflsh;
(6) Eight walleye (walleyed pike);
(7) Eight sauger;
(8) Two muskellunge;
(9) Fifteen of any one or a combination of the following species of pickerel:
(A) Chain;
(B) Grass;
(C) Redfin;
(10) Thirty of any one or a combination of the following species:
(A) Black crappie;
(B) White crappie;
(11) Eight of any one or a combination of the following species:
(A) American shad;
(B) Hickory shad;
(11.1) (A) Notwithstanding the provisions of paragraph (11) of this Code section to the contrary, two of any one or a combination of the following species if taken from the Ogeechee River:
(i) American shad;
(11) Hickory shad.
(B) This paragraph shall stand repealed in its entirety on July 1, 1993;
(12) A total of 50 of all of the species named in this Code section;
(13) Two red drum, commonly known as spot-tail bass or channel bass, greater than 32 inches in length."
Section 5. Said title is further amended by striking subsection (c) of Code Section 27-411, relating to size limits, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) It shall be unlawful to take or have in possession from the Richard B. Russell Lake any species of mountain trout which is less than 12 inches in length."
Section 6. Said title is further amended by striking subsections (g) and (o) of Code Section 27-4-11.1, relating to restrictions in public fishing areas, and inserting in lieu thereof new subsections (g) and (o), respectively, to read as follows:
"(g) It shall be unlawful to operate any vessel as defined in Code Section 52-7-3, except fishing boats being propelled by paddles, oars, or electric motors, on any public fishing area owned or operated by the department; provided, however, that:
(1) It shall not be unlawful to operate any sailboat or any fishing boat being propelled by a motor of 20 horsepower or less on the Rum Creek Public Fishing Area;
(2) It shall not be unlawful to operate any fishing boat being propelled by a motor of less than 10 horsepower on any public fishing lake over 99 acres in size; and
(3) It shall not be unlawful to operate any fishing boat being propelled by a motor of 10 horsepower or greater and at idle speed on any public fishing lake over 99 acres in size, except on the Rum Creek Public Fishing Area."
"(o) At the Arrowhead, McDuffie, Evans County, and Baldwin Forest Public Fishing Areas, it shall be unlawful for any person:
(1) To fish at any time between November 1 and March 1;

MONDAY, MARCH 13, 1989

2107

(2) To fish unless he has checked in at the department checking station located at the area;
(3) If he has fished at the area, to fail or refuse to check out before leaving the area, unless a sign is posted indicating that checkout is unnecessary; or
(4) To fish, if he refuses to leave his Georgia fishing license at the checking station upon the request of any authorized personnel of the department."
Section 7. Said title is further amended by striking paragraphs (21) and (23) of Code Section 27-4-52, relating to trout waters without seasons, and inserting in lieu thereof new paragraphs (21) and (23), respectively, to read as follows:
"(21) Rabun County:
(A) Chattooga River: Entire length between Georgia and South Carolina;
(B) Chattooga River, West Fork: Entire length;
(C) Little Tennessee River: Entire length downstream from U.S. Highway 23-441 bridge;
(D) Overflow Creek: Entire watershed; and
(E) Tallulah River: Downstream to Lake Rabun;"
"(23) Towns County:
(A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge;
(B) Hightower Creek: Entire length downstream from U.S. Highway 76 bridge;
(C) Hiawassee River: Entire length downstream from Brown Bridge (second bridge above U.S. Highway 76 on Georgia Highway 75);
(D) Charlies Creek watershed; and
(E) Tallulah River;"
Section 8. Said title is further amended by adding at the end of Code Section 27-4-92, relating to the use of fish baskets in commercial fresh-water fishing, a new subsection (e) to read as follows:
"(e) Notwithstanding any other provision to the contrary, it shall be unlawful for any person to fish with more than five baskets in the waters of Lake Sinclair and Lake Oconee. No person shall fish with the baskets of other persons unless accompanied by such other persons at the time of such fishing."
Section 9. Said title is further amended by striking Code Section 27-4-230, relating to a reciprocal agreement with Alabama, which reads as follows:
"27-4-230. (a) The area covered by the reciprocal agreement with Alabama includes the banks and the waters of only that portion of the Chattahoochee River lying between the States of Georgia and Alabama and those impoundments now existing or that may exist in the future on such reach of the river, provided that such agreement shall not include that portion of West Point Reservoir lying upstream (north) of Georgia Highway 109 bridge on the Chattahoochee River arm of such reservoir; provided, further, that the waters covered by such agreement do not include other streams or tributaries which flow into the Chatta hoochee River or its impoundments.
(b) Any person of the State of Georgia or the State of Alabama may engage in sport or commercial fishing in any of the above-described waters and on the banks of such waters if he has obtained and has in his possession while fishing the permits or licenses, or both, required by the respective state; provided, however, this provision shall only be effective so long as the reciprocal agreement with Alabama is in force and effect.
(c) There are no exceptions to the fishing laws and regulations of the State of Georgia

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JOURNAL OF THE SENATE

in the Georgia waters. The reciprocal agreement with Alabama pertains only to reciproca tion of licenses."
Section 10. Said title is further amended by striking Code Section 27-45-231, relating to a reciprocal agreement with Florida, which reads as follows:
"27-4-231. (a) The agreement described in this Code section shall apply to the following:
(1) The waters of and the banks of the waters of the St. Mary's River, not including its tributaries; or
(2) The waters of and the banks of the waters of Lake Seminole, bounded on the west by Florida State Road No. 271; on the south by the Jim Woodruff Dam; on the east by the line immediately east of the Chattahoochee Marina, also known as the Booster Club, run ning northwest across the reservoir to the tip of land at the junction of the Flint and Chat tahoochee rivers, west of Spring Creek; and on the north by the Herman Talmadge Bridge across the Chattahoochee River.
(b) (1) Any person who has obtained and has in his possession while fishing the prop erly issued permits or licenses, or both, required by either state may sport fish in the waters and from the land described in subsection (a) of this Code section.
(2) No license or permit shall be required by either state of any person who is a resident of Florida who is less than 15 years of age, or a resident of Georgia who is less than 16 years of age; and honorary permits issued to residents of the issuing state shall be recognized by the other state.
(c) (1) It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than six striped bass and more than six striped-white bass hybrids from the waters described in subsection (a) of this Code section.
(2) All other fishing laws and regulations of the State of Georgia shall apply in the Georgia waters. Specifically, the reciprocal agreement does not apply to or in any way change the laws or regulations of either state pertaining to fishing for shad."
Section 11. Said title is further amended by striking Code Section 27-4-232, relating to a reciprocal agreement with North Carolina, which reads as follows:
"27-4-232. (a) The agreement described in this Code section shall cover the Chatuge Reservoir east of the dam to Elf High Bridge on the Shooting Creek arm; to Macedonia Bridge on U.S. Highway 76, south of Hiawassee, Georgia; and the lateral branches of the reservoir between these points.
(b) All persons fishing with rod and reel, with hook and line, or by casting in the waters of Lake Chatuge beyond the bounds of the state from which they hold a valid fishing license from the State of Georgia or the State of North Carolina shall be authorized to fish with such license only from boats not anchored to the shore or to a pier or boat dock connecting to the shore.
(c) There are no exceptions to the fishing laws and regulations of the State of Georgia in the Georgia portion of the Chatuge Reservoir. The reciprocal agreement with North Caro lina pertains only to reciprocity of licenses."
Section 12. Said title is further amended by striking Code Section 27-4-233, relating to a reciprocal agreement with South Carolina, which reads as follows:
"27-4-233. (a) The agreement described in this Code section shall cover all channels of the Savannah River from its mouth to the confluence of the Tugaloo (Toogaloo) and Seneca rivers; the Tugaloo (Toogaloo) River from its mouth to the confluence of the Tallulah River and the Chattooga River; and Chattooga River to the point where it intersects with the thirty-fifth parallel of north latitude, which is the boundary line between Georgia and North Carolina. This agreement is also applicable to the Clark Hill Reservoir, Richard B. Russell

MONDAY, MARCH 13, 1989

2109

Lake, the Hartwell Reservoir, Yonah Lake, Tugaloo (Toogaloo) Lake, Stevens Creek Lake, and the New Savannah Bluff Lock and Dam but is not applicable to any tributary streams to such impoundments nor to tributary streams of the Savannah, Tugaloo (Toogaloo), and Chattooga rivers. The inclusion of Richard B. Russell Lake in this agreement will be effec tive at such time that the State of South Carolina takes similar action.
(b) All persons meeting the fishing license requirements of the State of Georgia or the State of South Carolina will be allowed to fish on the banks and the waters described in subsection (a) of this Code section without the necessity of obtaining any other license.
(c) (1) The creel limits for striped bass and striped-white bass hybrids shall be ten fish of each species. The creel limits for bream (all species) shall be 30 fish, and the creel limits for crappies shall be 30 fish per day.
(2) It shall be unlawful for any person to possess more than 40 in the aggregate of all game fish except channel and flathead catfish. It shall also be unlawful for any person to possess more than ten in the aggregate of striped bass and striped-white bass hybrid from the waters described in subsection (a) of this Code section. It shall be unlawful to possess more than ten in the aggregate of largemouth, spotted, or Coosa bass and more than eight in the aggregate of trout. No person may possess in either state more fish than permitted by that state even though the fish may have been caught in the waters of the other state.
(3) The minimum size limit on trout taken from Clark Hill and Hartwell reservoirs shall be 14 inches in length between December 1 and April 1 of the following year. There shall be no size limit on trout taken from these waters during the period of April 1 through Novem ber 30.
(4) Any person using baskets, minnow seines, or trotlines for the taking of fish in the waters described in subsection (a) of this Code section, regardless of his residency, shall comply with the laws, rules, and regulations of the state containing the waters in which the gear is fished. Otherwise, this reciprocal agreement does not apply to commercial fresh water or commercial salt-water fishing, only to fresh-water sport fishing.
(5) No person shall have a rifle in his possession or in a boat in South Carolina waters.
(6) All other fishing laws and regulations of the State of Georgia shall apply in the Georgia portion of these waters."
Section 13. Said title is further amended by adding at the end of Code Section 27-4-234, relating to reciprocal agreements with adjoining states, a new subsection (d) to read as follows:
"(d) The commissioner is authorized to enter into agreements from time to time with the proper authorities of any of the adjoining states whereby a valid fishing license issued by the State of Georgia will be accepted and honored as and in lieu of a fishing license for adjoining states so agreeing on the banks and in the waters of the lakes, rivers, and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of both the State of Georgia and that adjoining state. In turn, valid licenses issued by said adjoining state shall be accepted and honored as and in lieu of a Georgia fishing license on the banks and in the waters of such lakes, rivers, and streams. Notwithstanding provisions of this title to the contrary, it shall be unlawful to take game fish except channel catfish, flathead catfish, American shad, and hickory shad from waters of the lakes, rivers, and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of Georgia and that adjoining state. The numbers of those game fish which may be lawfully taken from such waters are limited by the commissioner in accordance with current, sound principles of wildlife management. Those limits allow one to 50 fish of each species to be taken but no more than a total of 50 fish of all species."
Section 14. Said title is further amended by striking subsection (b) of Code Section 275-4, relating to wild animal licenses and permits, and inserting in lieu thereof a new subsec tion (b) to read as follows:
"(b) Wild animal licenses will be issued only to persons engaged in the wholesale or

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retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational purposes or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such permit shall be required for persons buying triploid grass carp from properly licensed wild animal dealers authorized to sell grass carp where the bill of sale is retained by the buyer as proof of such sale and where the triploid grass carp are to be stocked only into a private pond; provided, further, that no such license or permit shall be required solely for the transportation of wild animals through this state where the ani mals remain in this state no more than 24 hours and are not sold or transferred while in this state."
Section 15. Said article is further amended by striking paragraph (2) of subsection (b) of Code Section 4-8-25, relating to requirements for possessing dangerous dogs or poten tially dangerous dogs, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) (A) The posting of the premises where the dangerous dog or potentially dangerous dog is located with a clearly visible sign warning that there is a dangerous dog on the property.
(B) The Department of Natural Resources shall design a uniform symbol for the pur pose of implementing Subparagraph (A) of this paragraph no later than July 1, 1989 and shall provide copies of the design to the governing authority of each county and municipal ity of this state. The sign required to be posted by Subparagraph (A) of this paragraph shall conform substantially to the design provided by the Department of Natural Resources pur suant to this Subparagraph.
(C) The requirement of Subparagraph (A) of this paragraph shall become effective 60 days following the day the uniform design specified in Subparagraph (B) of this paragraph is distributed to the governing authority of each county and municipality of the state."
Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 17. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 106.

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 Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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Those not voting were Senators:

Allgood (excused conferee) Johnson

Ray

Coverdell

Kennedy (excused conferee) Starr (excused conferee)

Garner

Kidd

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 106.

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

HB 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limitedaccess roads which are constructed in whole or as a part of a tollway project.

The Conference Committee report on HB 757 was as follows:
The Committee of Conference on HB 757 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 757 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ J. Tom Coleman Senator, 1st District
/s/ Nathan Dean Senator, 31st District
/s/ Waymond C. Huggins Senator, 53rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Kenneth W. Birdsong Representative, 104th District
/s/ DuBose Porter Representative, 119th District

Conference Committee substitute to HB 757:

A BILL
To be entitled an Act to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limited-access roads if such limited-access roads include space or provisions for a heavy rail or a rapid busway public transportation system; 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 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, is amended by striking subsec tion (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The department or a county or a municipality in this state, acting alone or in cooperation with each other or with any federal, state, or local agency, is authorized and empowered to plan, designate, establish, regulate, abandon, alter, improve, maintain, and provide limited-access public roads wherever the department or such authorities consider the traffic conditions, present or future, justify such special facilities, provided that the term

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'traffic conditions, present or future, justifying such special facilities' shall be construed to mean a road having present traffic volumes requiring a minimum of four lanes of road or traffic volumes estimated to be accommodated by the road within a period not to exceed 20 years from the date of such consideration that will require a minimum of four lanes of road; provided, further, that within municipalities such authorization for limited-access public roads shall be subject to such municipal consent as may be provided by law, except that such municipal consent is not necessary for any limited-access road if the limited-access road includes space or other provisions for the construction of a heavy rail line as a part of a public transportation system or a rapid busway operating on a designated lane as a part of a public transportation system and such public transportation system is a part of a regional transportation plan developed by the metropolitan planning organization or other such sim ilar body."
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 Coleman of the 1st moved that the Senate adopt the Conference Committee report on HB 757.

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Brannon Broun Clay CCoollleimnsan
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Gillis Hammill Harris HHuogwgairnds
Johnson Kidd Land McKenzie Newbill Olmstead

Parker Perry Phillips Pollard Ragan of I0th R of 32nd R 0Sco,t,t of,. ,,2nd,
, Tavlor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Burton

Coverdell Scott of 36th

Shumake

Those not voting were Senators:

Allgood (excused conferee) Langford

Garner

Peevy

Kennedy (excused conferee)

Starr (excused conferee) Stumbaugh

On the motion, the yeas were 44, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on HB 757.

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2113

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

HB 428. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, so as to provide for staggered terms of office of the members of the board.
Senate Sponsor: Senator Foster of the 50th.

The Senate Committee on Education offered the following substitute to HB 428:

A BILL
To be entitled an Act to amend Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, so as to provide for staggered terms of office of the members of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) There is established a State Board of Technical and Adult Education consisting of not fewer than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large members. Board members in office on June 30, 1989, shall serve out the remainder of their respective terms. Upon expiration of those terms, the Governor shall appoint five successors to twoyear terms, five successors to three-year terms and five successors to five-year terms. All subsequent appointments shall be for regular five-year terms. Members shall represent busi ness, industry, or economic development. The board shall elect from its members a chairperson, vice chairperson, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy in the same manner as the original appointment and the person so appointed shall serve for the unexpired term of office."
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 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon
Broun

Burton Clay Coleman Collins Coverdell Dawkins
Deal

Dean Echols Edge English Engram Fincher
Foster

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Fuller Hammill Harris
JKoihdndson Lan(j Langford McKenzie

Newbill Olmstead Parker Peevy
TPMh.i-lUli- ps Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake
Tate
TTVimmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Kennedy (excused conferee) Stumbaugh

Garner

Starr (excused conferee) Taylor

Gillis

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 314. By Representatives Dixon of the 151st, Crosby of the 150th, Harris of the 84th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate motor vehicle service contracts and motor vehicle service contract reimbursement insurance policies; to define certain terms; to prohibit the issuance or sale of motor vehicle service contracts unless the pro vider of the service contract is insured under a motor vehicle service contract reimbursement insurance policy.
Senate Sponsor: Senator Land of the 16th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun Burton CCloalylins
Coverdell Dawkins
Deal Echols Edge Engram

Fincher Foster Fuller Gillis Hammill Harris Howard JHouhgngsionns
Kidd Land
Langford McKenzie Newbill Olmstead

Parker Peevy Perry Pollard Ragan of I0th R of 32nd D ,,fo^tt ,f, 36th, Shumake Stumbaugh
Timmons Turner Tysinger

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2115

Those not voting were Senators:

Allgood (excused conferee) Barker
Coleman Dean

English

Scott of 2nd

Garner

Starr (excused conferee)

Kennedy (excused conferee) Taylor

Phillips

Walker

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

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

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

HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person nel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.

The Conference Committee report on HB 375 was as follows:

The Committee of Conference on HB 375 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 375 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Sallie Newbill Senator, 56th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Walter S. Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William C. Mangum, Jr. Representative, 57th District
/s/ James C. Moore Representative, 139th District
/s/ Willou Smith Representative, 156th District

Conference Committee substitute to HB 375:

A BILL
To be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person nel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for cer tain teachers; 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. Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional personnel employed in the public schools of this state, is amended by striking paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows:

"(2) Before granting a renewable certificate to an applicant, the state board is author ized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate satisfactory on-the-job per-

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formance appropriate to the applicant's field of certification; provided, however, any appli cant seeking certification in this state who qualifies for a professional teaching certificate at the baccalaureate degree level or higher and who has held a professional teaching certificate in and who has satisfactorily taught on a full-time basis in the regionally accredited public or private schools of this state or another state for at least five years shall be exempt from the requirement of an assessment to demonstrate satisfactory on-the-job performance as required in this subsection. Any teacher who qualifies for the exemption granted under this paragraph shall receive a nonrenewable certificate valid for a maximum of three years until such time as said teacher has twice demonstrated satisfactory performance on the evalua tion required pursuant to Code Section 20-2-210, at which time said teacher will be eligible to receive a renewable certificate. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210."
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 Newbill of the 56th moved that the Senate adopt the Conference Committee report on HB 375.

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 Burton Clay Coleman Collins Coverdell Dawkins Deal Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Johnson Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Allgood (excused conferee) Barker Dean Howard

Huggins

Pollard

Kennedy (excused conferee) Starr (excused conferee)

McKenzie

Tysinger

Phillips

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 375.

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

HB 503. By Representative Childers of the 15th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide for continuing education requirements; to

MONDAY, MARCH 13, 1989

2117

change the provisions relating to reciprocity; to provide for notification regarding complaints and disposition thereof.
Senate Sponsor: Senator Howard of the 42nd.

Senator Howard of the 42nd offered the following amendment:

Amend HB 503 by striking "medical" from line 19 of page 1.

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

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

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Brannon B^011
?Cofleman Collins Coverdell Dawkins
Deal Dean Echols Edge

English Engram Fincher Foster Fuller garner
Hammi.l.l. Harris Howard Huggins
Johnson Kidd Land Langford

McKenzie Newbill Perry Phillips Pollard R of 1Qth
RR aganof32nd "ay Scott of 36th Shumake
^ a^e Taylor Turner Walker

Those not voting were Senators:

Allgood (excused conferee) Olmstead

Baldwin

Parker

Broun

Peevy

Kennedy (excused conferee) Scott of 2nd

Starr (excused conferee) Stumbaugh Timmons Tysinger

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

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

HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Postsecondary Vocational Education to the State Board of Technical and Adult Education.
Senate Sponsor: Senator Foster of the 50th.

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The Senate Committee on Education offered the following substitute to HB 628:
A BILL
To be entitled an Act to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act," so as to change refer ences to the State Board of Postsecondary Vocational Education to the State Board or the Department of Technical and Adult Education; to amend Code Section 20-2-320 of the Offi cial Code of Georgia Annotated, relating to the Quality Basic Education Program task force, so as to change references to the State Board of Postsecondary Vocational Education to the State Board or the Department of Technical and Adult Education; to change certain refer ences to postsecondary vocational-technical schools; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change a reference to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education and change a reference to the executive di rector of that board; 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 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act," is amended by striking Code Section 12-1110, relating to job training and placement services, in its entirety and inserting in lieu thereof a new Code Section 12-11-10 to read as follows:
"12-11-10. Whenever available and appropriate, job training and placement services and education opportunities provided through other federal, state, and local programs such as through the Department of Education, the Department of Labor, the Department of Tech nical and Adult Education, and the Board of Regents of the University System of Georgia shall be coordinated with projects and programs developed under this chapter to assist eligi ble corps members. Coordinated services may include, but are not limited to, remedial and postsecondary education, job placement assistance, adult literacy training, job search skills, and job application skills. Whenever possible, eligible corps members without a high school diploma shall receive coordinated services that provide an opportunity to obtain an equivalent high school diploma."
Section 2. Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 12-11-11, relating to the Conservation Corps Advisory Council, in its en tirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) The chairman of the State Board of Technical and Adult Education;"
Section 3. Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force, is amended by striking subsections (a) through (d) in their entirety and substituting in lieu thereof new subsections (a) through (d) to read as follows:
"(a) The Governor shall appoint a task force composed of representatives from the De partment of Education, the Department of Technical and Adult Education, 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 Legislative 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 effectiveness of the various compo nents 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 area postsecondary vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accu rate 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 required pursuant to sub-

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section (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 administration 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 request from authorized edu cational agencies. The task force shall adopt a statement recommending 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 provided 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 State Board of Technical and Adult Education shall develop and maintain an individual data record for each student enrolled in the postsecondary vocational-technical 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 Technical and Adult 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 en coded to prevent unauthorized use of a student's information; provided, however, that fulltime equivalent student data collected pursuant to Code Section 20-2-160 shall be identifi able for audit purposes in separate files.
(c) For the purpose of this article, authorized educational agencies shall be the Depart ment of Education; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; and the educational policy and research components of the office of the Governor, the Office of Plan ning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educational information network, including individual student record and individual personnel record information retrieved by the Department of Education or Department of Technical and Adult 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 and 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 Department of Technical and Adult 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 in complete or unverified for accuracy. The Department of Education and the Department of Technical and Adult Education shall adopt monitoring, editing, and verifying mechanisms 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 other wise prohibited by statute. Data which are included in an individual student record or indi vidual 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 Assembly, 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 Technical and Adult Education, local units of administration,

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public libraries, and area postsecondary vocational-technical schools. In local school sys tems, 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 net work 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 Department of Technical and Adult Education, local units of administration, public schools, public libraries, and area postsecondary vocational-technical schools."
Section 4. Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, is amended by striking paragraph (2) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) Twenty-five ex officio members. Ex officio members shall consist of a Justice from the Supreme Court, a Judge of the Court of Appeals, a representative of The Council of Superior Court Judges, a representative of The Council of State Court Judges, and a repre sentative of the Council of Juvenile Court Judges, each appointed by the Governor; and the chancellor of the board of regents, the State School Superintendent, the commissioner of the State Board of Technical and Adult Education, the commissioner of the Department of Medical Assistance, the Commissioner of the Department of Labor, the commissioner of the Department of Human Resources, the commissioner of the Department of Corrections, the director of the Office of Planning and Budget, the chairman of the Senate Education Com mittee, the chairman of the House of Representatives Education Committee, the chairman of the Senate Appropriations Committee, the chairman of the House of Representatives Appropriations Committee, the chairman of the Senate Children and Youth Committee, the chairman of the Senate Human Resources Committee, the chairman of the House of Repre sentatives Health and Ecology Committee, the chairman of the House of Representatives Children and Youth Subcommittee of the Health and Ecology Committee, the chairman of the Senate Judiciary Committee, the chairman of the House of Representatives Judiciary Committee, the chairman of the Senate Banking and Finance Committee, and the chairman of the House of Representatives Banks and Banking Committee. Ex officio members shall not have the authority to vote on the administration of grants or grant requests or on such other issues prohibited by law or as set forth in the commission's bylaws."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senators Engram of the 34th, Deal of the 49th, Starr of the 44th, Foster of the 50th and Newbill of the 56th offered the following amendment:
Amend the substitute to HB 628 offered by the Senate Committee on Education as follows:
By inserting in line 6 on page 1 between the word and semicolon "Education;" and the word "to" the following:
"to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights reflecting payment of salaries and benefits, so as to provide that program weights for kindergarten, primary, and middle grades shall reflect sufficient funds to pay the beginning salaries of guidance counselors; to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations and development of state-wide uniform annual evaluation instrument, so as to provide that increment increases above the minimum salary base shall be contingent upon the completion of the state-wide uniform annual evaluation instrument;"

MONDAY, MARCH 13, 1989

2121

By renumbering Sections 3 through 6 as Sections 5 through 8, respectively, and by ad ding new Sections 3 and 4 to read as follows:
"Section 3. Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights reflecting payment of salaries and benefits, is amended by striking subsec tion (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
'(c) The program weights for the primary and middle grades programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education. The primary weights for the kindergarten, primary, and middle grades programs, when multiplied by the base amount, shall also reflect sufficient funds to pay the beginning salaries of guidance counselors needed to provide essential guidance services at ratios equal to those provided to the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, beginning with any program weights in effect on or after July 1, 1991. Program weights calculated and in effect for the kindergarten, primary, and middle grades programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of guidance counselors needed to provide essential guidance services at a ratio at least equal to one counselor per every 1,000 full-time equivalent students in these programs, beginning with any program weights in effect on or after July 1, 1990. Funding for counselors for the kindergarten, primary, and middle grades programs may be funded outside of the program weights until such weight changes are effective, subject to appropriation by the General Assembly. The State Board of Education shall adopt explicit job descriptions to be used state wide for all counselors no later than July 1, 1989, which must specify that the respon sibility of counselors is to counsel students and to assist other personnel in providing effec tive services to students and must as a minimum contain the following: descriptions of the roles and responsibilities of counselors; clear definitions of the ethical and legal responsibili ties of counselors; clear statements requiring counselors to be accessible to both students and parents; and a clarification that all administrative, clerical, and attendance duties not directly and immediately related to the counseling of students be eliminated as counselor responsibilities.'
Section 4. Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations and development of a state-wide uniform annual evaluation instrument, is amended by designating the present language of said Code section as subsec tion (a) and by adding at the end thereof a new subsection (b) to read as follows:
'(b) Increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service as provided in Code Section 20-2-212 shall be contingent upon the successful completion of the state-wide uniform an nual evaluation instrument beginning July 1, 1990.' "
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment of fered by Senators Engram of the 34th, Deal of the 49th, Starr of the 44th, Foster of the 50th and Newbill of the 56th was adopted.
Senator Foster of the 50th offered the following amendment:
Amend the substitute to HB 628 offered by the Senate Committee on Education by striking from line 20 of page 7 the following:
"the State Board of",
and inserting in its place the following:
"the State Board of ".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment of fered by Senator Foster of the 50th was adopted.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes
Brannon
Broun B 11*011

Fincher Foster Fuller
Garner
Gillis Hammill

~y Coverdell

Harris Howard
Huggins

Dawkins jjeal Dean Echols Edge English Engram

Johnson Kidd Land Langford Newbill Parker Peevy

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

Those not voting were Senators:

Albert

Kennedy (excused conferee) Olmstead

Allgood (excused conferee) McKenzie

Timmons

Bowen

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

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

HR 165. By Representative Dover of the llth: A resolution authorizing the conveyance of certain state owned real property lo cated in White County, Georgia.
Senate Sponsor: Senator Scott of the 2nd.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin
Barker Bowen Brannon
Broun Burton

Coleman Collins
Coverdell Dawkins Deal
Dean Echols

English Engram
Fincher Foster Fuller
Garner Hammill

MONDAY, MARCH 13, 1989

2123

Harris Howard Huggins Johnson Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Starr Tate Taylor Turner Walker

Those not voting were Senators:

Allgood (excused conferee) Barnes Clay Edge

Gillis

Stumbaugh

Kennedy (excused conferee) Timmons

Parker

Tysinger

Shumake

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

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

HB 689. By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions under the "Boiler and Pressure Vessel Safety Act," so as to change provisions relating to an exemption from certain requirements for cer tain pressure vessels used for the storage of liquefied propane gas.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bowen rannon
IB/-,,uT rton Coleman Collins Coverdell Dawkins Edge Engram

Fincher Foster Garner Hammill
Harris Howard
JH,ouh, g&ng6sionns Kidd Land Langford McKenzie Olmstead Parker

Peevy Perry Phillips Pollard
Ragan Of 10th Ragan of 32nd
R,,Scaoy't.t of,. 2,, nd, Scott of 36th Tate Taylor Turner Tysinger Walker

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Allgood (excused conferee) Deal Dean . Echols

English

Shumake

Fuller

Starr (excused conferee)

Gillis

Stumbaugh

Kennedy (excused conferee) Timmons

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 43, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 114. By Representatives Dixon of the 151st, Crosby of the 150th, Smith of the 152nd and Clark of the 13th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," so as to change the provi sions relating to the licensing and inspection of private and public child welfare agencies and facilities; to provide that day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall be authorized to register annually.
Senate Sponsor: Senator Barker of the 18th.
The Senate Committee on Children and Youth offered the following substitute to HB 114:
A BILL
To be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," so as to change the provisions relating to the licensing and inspection of private and public child welfare agencies and facilities; to provide that day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall be authorized to be commissioned by the Department of Human Resources in lieu of obtaining a license from said department; to require commissioned day-care centers to operate in accordance with the same procedures, standards, rules, and regulations which are established for the operation of licensed day-care centers; to provide for the inspection of commissioned daycare centers; to provide under certain conditions for the granting of a temporary commission or a restricted commission for day-care centers; to provide a penalty for failure to be com missioned by the department; to provide for civil remedies against day-care centers which operate without being commissioned or in violation of certain laws or regulations; to redesignate certain provisions of law; to amend Code Section 25-2-13 of the Official Code of Geor gia Annotated, relating to buildings which present special hazards to persons or property and which require certain construction and maintenance standards, so as to provide that a commissioned day-care center shall be considered a building which constitutes a special haz ard to the life and safety of persons on account of fire or panic from fear of fire; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," is amended by striking in its entirety Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, and inserting in lieu thereof a new Code Section 49-5-12 to read as follows:
"49-5-12. (a) 'Child welfare agency' means any child-caring institution, child-placing agency, maternity home, family boarding home, family day-care home, group day-care home, and day-care center.
(b) (1) Day-care centers operated as part of a local church ministry or a religious non profit school or a nonprofit religious charitable organization shall notify the department an nually and be commissioned in lieu of being licensed. Commissioned day-care centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the board for the operation of licensed day-care centers. Any day-care center operated as part of a local church ministry or a religious nonprofit school or a nonprofit

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2125

religious charitable organization may voluntarily elect to apply for a license as provided for in paragraph (2) of this subsection.
(2) All child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed or commissioned annually by the department in accordance with procedures, stan dards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. The board shall develop and publish standards for licensing or commissioning of child welfare agencies. A license or commission issued to a child welfare agency shall be deemed approval of all family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by the licensed or commissioned agency as a part of its work, subject to this article and rules and regulations of the board.
(3) The department shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1, 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Human Resources Committee and the House Health and Ecol ogy Committee.
(4) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care.
(5) After a family day-care home, group day-care home, or day-care center has been licensed, commissioned, or registered by the department as provided in this article, the fa cility shall not be required to have a permit to operate a food service establishment as re quired in Code Section 26-2-371, provided that standards for food service have been incor porated in the regulations for licensing, commissioning, or registering such agencies.
(6) The department shall not be authorized to prescribe, question, or regulate the spe cific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use.
(7) Persons who operate group day-care homes and day-care centers shall be required to post in a conspicuous place next to any telephone in a group day-care home or day-care center the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services.
(8) Group day-care homes and day-care centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Day-care centers will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limita tion to 18 children prescribed by paragraph (18) of Code Section 49-5-3, group day-care homes will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to six children prescribed by paragraph (8) of Code Section 49-5-3, a family day-care home operator may care for two additional children three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply.
(c) The department shall assist applicants or licensees or persons holding commissions in meeting standards of the department and, if a licensee or person holding a commission is, for any reason, denied renewal of a license or commission or if a license or commission is revoked or if any applicant for a license or commission cannot meet department standards, the department shall assist in planning the placement of children, if any, in the custody of such child welfare agency in some other licensed or commissioned child welfare agency or

2126

JOURNAL OF THE SENATE

assist in returning them to their own homes or in making any other plans or provisions as may be necessary and advisable to meet the particular needs of the children involved.
(d) Application for a license or commission shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license or commis sion and upon presentation by the applicant of evidence that the child welfare agency meets the standards prescribed by the department, the department shall issue such child welfare agency a license or commission for a one-year period.
(e) If the department finds that any child welfare agency applicant does not meet stan dards prescribed by the department but is attempting to meet such standards, the depart ment may, in its discretion, issue a temporary license or commission to such child welfare agency, but such temporary license or commission shall not be issued for more than a oneyear period. Upon presentation of satisfactory evidence that such agency is making progress toward meeting prescribed standards of the department, the department may, in its discre tion, reissue such temporary license or commission for one additional period not to exceed one year. As an alternative to a temporary license or commission, the department, in its discretion, may issue a restricted license or commission which states the restrictions on its face.
(f) The department shall refuse a license or commission upon a showing of:
(1) Noncompliance with the Rules and Regulations for Day Care Centers, Family Day Care Homes, or Group Day Care Homes as adopted by the Board of Human Resources which are designated in writing to the facilities as being related to children's health and safety;
(2) Flagrant and continued operation of an unlicensed or uncommissioned facility in contravention of the law; or
(3) Prior license or commission denial or revocation within one year of application.
(g) All licensed or commissioned child welfare agencies shall prominently display the license or commission issued to such agency by the department at some point near the en trance of the premises of such agency that is open to view by the public.
(h) The department's action revoking or refusing to renew or issue a license or commis sion required by this Code section shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only 30 days' notice in writing from the commissioner's designee shall be required prior to license or commission revocation and ex cept that hearings held relating to such action by the department may be closed to the public if the hearing officer determines that an open hearing would be detrimental to the physical or mental health of any child who will testify at that hearing.
(i) Child-caring institutions and child-placing agencies, when licensed in accordance with this Code section, may receive needy or dependent children from their parents, guardi ans, custodians, or persons serving in loco parentis for special temporary, or continued care. Parents, guardians, custodians, or persons sewing in loco parentis to such children may sign releases or agreements giving to such institutions or agencies custody and control over such children during the period of care.
(j) Child-placing agencies, in placing children in foster family homes, shall safeguard the welfare of such children by thoroughly investigating each such home and the character and reputation of the persons residing therein and shall adequately supervise each home during the period of care. All children placed in foster family homes shall, as far as is practi cable, be placed with persons of the same religious faith as the children themselves or the children's parents.
(k) It shall be the duty of the department to inspect at regular intervals all licensed or commissioned child welfare agencies within the state, including all family boarding homes, foster family homes, and family day-care homes used by such agencies. The department

MONDAY, MARCH 13, 1989

2127

shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee or commissionee.
(1) If any flagrant abuses, derelictions, or deficiencies are made known to the depart ment or its duly authorized agents during their inspection of any child welfare agency or if, at any time, such are reported to the department, the department shall immediately investi gate such matters and take such action as conditions may require.
(m) If abuses, derelictions, or deficiencies are found in the operation and management of any child welfare agency, they shall be brought immediately to the attention of the man agement of such agency; and if correctable, but not corrected within a reasonable time, the department shall revoke the license or commission of such agency in the manner prescribed in this Code section.
(n) Each child welfare agency shall make an annual report of its work to the depart ment in such form and at such time as the department shall prescribe. The department shall prepare and supply child welfare agencies with all forms needed for the purpose of providing the department with such information as may, from time to time, be required by the department.
(o) Child welfare agencies and other facilities and institutions wherein children and youths are detained which are operated by any department or agency of state, county, or municipal government shall not be subject to licensure under this Code section, but the department may, through its authorized agents, make periodic inspections of such agencies, facilities, and institutions. Reports of such inspections shall be made privately to the proper authorities in charge of such agencies, facilities, or institutions. The department shall coop erate with such authorities in the development of standards that will adequately protect the health and well-being of all children and youths detained in such agencies, facilities, and institutions or provided care by them. The department may recommend changes in pro grams and policies and if, within a reasonable time, the standards established by the depart ment and the recommendations of the department are not met, it shall be the duty of the commissioner to make public in the community in which such agency, facility, or institution is located the report of the above-mentioned inspection and the changes recommended by the department. If any serious abuses, derelictions, or deficiencies are found and are not corrected within a reasonable time, the commissioner shall report them in writing to the Governor.
(p) Any child welfare agency that shall operate without a license or commission issued by the department shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $200.00 for each such offense. Each day of operation without a license or commission shall constitute a separate offense.
(q) No person, official, agency, hospital, maternity home, or institution, public or pri vate, in this state shall receive or accept a child under 17 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child's relatives without having been licensed by the department. Notwith standing the provisions of Code Section 49-5-12.1, violation of this subsection shall be pun ishable by a fine of not less than $100.00 nor exceeding $500.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in adoption proceedings.
(r) The department may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of a child wel fare agency without a license or commission or the continued operation of a child welfare agency in willful violation of this article or of any regulation of the department or in viola tion of any order of the board.
(s) The term 'licensed day-care center' shall include a commissioned day-care center and any references in this Code to a licensed day-care center, including criminal, adminis trative, and civil provisions applicable to licensed day-care centers, shall include and apply to commissioned day-care centers unless otherwise provided in this Code section."

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JOURNAL OF THE SENATE

Section 2. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings which present special hazards to persons or property and which require certain construction and maintenance standards, is amended by striking in its entirety subparagraph (b)(l)(I) and inserting in lieu thereof a new subparagraph (b)(l)(I) to read as follows:
"(I) Group day-care homes and day-care centers required to be licensed or commis sioned as such by the Department of Human Resources and in which at least seven children receive care. As used in this subparagraph, the term 'group day-care home' means a daycare facility subject to licensure by the Department of Human Resources where at least seven but not more than 12 children receive care; and the term 'day-care center' means a day-care facility subject to licensure or issuance of a commission by the Department of Human Resources where more than 12 children receive care. Fire safety standards adopted by rules of the Commissioner pursuant to Code Section 25-2-4 which are applicable to group day-care homes and day-care centers shall not require staff-to-child ratios; and".
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Burton Clay Collins Coverdell Dean Echols Edge English Engram

Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker

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

Voting in the negative was Senator Coleman.

Those not voting were Senators:

Allgood (excused conferee) Brannon Dawkins Deal

Garner

Shumake

Kennedy (excused conferee) Stumbaugh

McKenzie

Tate

Peevy

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

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

MONDAY, MARCH 13, 1989

2129

HB 692. By Representative Reaves of the 147th:
A bill to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to change the definition of the term "agricultural facility".
Senate Sponsor: Senator English of the 21st.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

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

Those not voting were Senators:

Allgood (excused conferee) Shumake

Stumbaugh

Kennedy (excused conferee) Starr (excused conferee)

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

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

HB 495. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to include personal notice in writing by a court official or officer of the court; to amend Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia Anno tated, relating to arraignments and pleas generally, so as to provide that a bench warrant shall be issued for the arrest of a person charged with a crime.
Senate Sponsor: Senator Deal of the 49th.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell
Deal Dean Echols Edge English

Engram Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd
Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood (excused conferee) Bowen Brannon Dawkins

Fincher

Starr (excused conferee)

Howard

Stumbaugh

Kennedy (excused conferee) Walker

Land

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

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

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 350. By Senator Kidd of the 25th:
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 that certain children or youth in the physical custody of the Department of Correc tions or the Department of Human Resources shall not be eligible for enrollment in the educational programs of the local unit of administration of the school dis trict where the child or youth is being held.

The House amendment was as follows:

Amend SB 350 by striking lines 12 and 13 of page 1 and inserting in their place the following:
"services to such children and provide for consent for the release of certain records; to provide that local school systems shall not be".
By striking "regulations" from line 17 of page 1 and inserting in its place "procedures".
By adding before the period on line 35 of page 5 the following:
", except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release".
By striking lines 19 through 21 of page 6 and inserting in their place the following:
"local school system shall not be responsible for providing any educational services to such child."
By striking "regulations" from line 26 of page 6 and inserting in its place "procedures".

MONDAY, MARCH 13, 1989

2131

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 350.

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

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Broun Burton Clay

Foster Fuller Garner Gillis Hammill Harris

C!l?h.mn*an,, CDoeavlerdell
Dean Echols Edge English Engram Fincher

iHu.5^*8i0nns KLaidndd
Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
SSccootttt ooff 23n6dth 0Sh, umak, e
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert

Brannon

Allgood (excused conferee) Dawkins

Bowen

Howard

Kennedy (excused conferee) Starr (excused conferee) Stumbaugh

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 350.

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

HB 210. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to land registration, so as to repeal Code Section 44-2-139, relating to registration and title certificates running with the land; to allow regis tered land to be defeased by adverse possession; to allow transfers of title made by the last registered owner or said owner's representatives, heirs, or assigns to be valid transfers of title to the land so described.
Senate Sponsor: Senator Baldwin of the 29th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Broun

Burton Clay Coleman Collins Coverdell

Dawkins Deal Dean Echols Edge

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JOURNAL OF THE SENATE

English Engrain Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson

Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard

Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood (excused conferee) Fincher

Stumbaugh

Barker

Kennedy (excused conferee) Walker

Brannon

Ragan of 10th

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

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

The following resolution of the Senate was read and put upon its adoption:

SR 265. By Senators Kennedy of the 4th and Allgood of the 22nd:
A resolution relative to adjournment by the General Assembly at 12:00 o'clock Midnight on Monday, March 13, 1989, and to reconvene at 9:00 o'clock A.M. on Wednesday, March 15, 1989.

On the adoption of the resolution, the yeas were 45, nays 1.

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

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

HB 724. By Representative Holmes of the 28th:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to change the definition of the term "full-time"; to provide for confidentiality of individual ac count records.
Senate Sponsor: Senator Garner of the 30th.

The Senate Committee on Governmental Operations offered the following substitute to HB 724:

A BILL
To be entitled an Act to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the employee benefit plan council, so as to change certain definitions; to provide for certain rule-making authority of such council; to provide that public school teachers, retired public school teachers, and public school employees shall be eligible for participation in such flexible employee benefit plan; to provide for payroll deduc tions; to provide for confidentiality of individual account records; to provide for continua tion of certain existing health insurance plans; to provide for other matters relative to the forgoing; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 13, 1989

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the the employee benefit plan council, is amended by striking Code Section 4518-50, relating to definitions relative to the employee benefit plan council, in its entirety and inserting in lieu thereof a new Code Section 45-18-50 to read as follows:
"45-18-50. As used in this article, the term:
(1) 'Board' means the State Personnel Board.
(2) 'Council' means the Employee Benefit Plan Council established in Code Section 4518-51.
(3) 'Employee' means a member of the General Assembly or a person who works full time for the state and receives his compensation in a direct payment from a department, agency, authority, or institution of state government; a county department of family and children services or a county department of health; and public school teachers and public school employees as defined in Code Sections 20-2-880 and 20-2-910, exclusive of the mem bers, employees, and officials of the Board of Regents of the University System of Georgia. 'Employee' also means a retired public school teacher.
(4) 'Full time' means the employment of a person who works at least 30 hours per week and whose employment is intended to be continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment; provided, however, that public school teachers and public school employees as defined in Code Sections 20-2-880 and 20-2-910 shall be deemed to be employed full time for the purposes of this article; and provided, further, that retired public school teachers shall be deemed to be employed full time for the purposes of this article, and the retirement or pension benefits of such retired public school teachers shall be deemed to be salary for the purposes of this article. This would also exclude employment intended for only a very limited duration or in a sheltered employment program for the purpose of training or transitioning a person into the contin ued employment environment. Notwithstanding this definition or any other provision of this article, the council may, by regulation, make available to employees who work 17 Vz hours or more per week such benefits as are or may be required by regulations of the United States Internal Revenue Service or other federal authority.
(5) 'Retired public school teacher' means a teacher as defined in paragraph (28) of Code Section 47-3-1 who retired pursuant to the provisions of the Teachers Retirement System of Georgia or pursuant to the provisions of a county, municipal, or school district retirement or pension system created by or pursuant to the authority of the laws of this state."
Section 2. Said article is further amended by striking Code Section 45-18-52, relating to the establishment of a flexible employee benefit plan, and inserting in its place a new Code Section 45-18-52 to read as follows:
"45-18-52. (a) The council is authorized to establish a flexible employee benefit plan for employees of the state, public school teachers, retired public school teachers, and public school employees and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles 1 and 2 of this chapter. The council is, however, authorized to promulgate rules and regulations to require any local school sys tem, department, agency, retirement or pension system, authority, or county department of health to enroll and maintain a minimum participation percentage when offering the plan to its employees. The flexible employee benefit plan may provide for deductions or salary re ductions for group life insurance, disability insurance, supplemental health and accident insurance, other types of employee welfare benefits, or for salary reductions for health pre miums under Article 1 of this chapter and Code Sections 20-2-880 and 20-2-910. Except as provided in Code Section 45-18-30, Code Sections 20-2-880 and 20-2-910, and as imple mented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the pur pose of income tax advantage.

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(b) Nothing in this article shall be construed to require and no rule or regulation of the council shall require the employees of a local school system or retired public school teachers of a retirement or pension system to participate in the flexible employee benefit plan pro vided for in this article, and the respective local board of education or board of trustees of the respective retirement or pension system shall be required to consent to any such participation."
Section 3. Said article is further amended by striking Code Section 45-18-53, relating to authorization for payroll deductions, in its entirety and inserting in lieu thereof a new Code Section 45-18-53 to read as follows:
"45-18-53. (a) In order to carry out the provisions of the flexible employee benefit plan, the head of each department, agency, retirement or pension system, authority, county de partment of health, or local board of education is authorized to deduct or reduce from salary or wages voluntarily designated amounts by his employees for purchasing insurance or other welfare benefits.
(b) Records of benefit selections, payroll deductions, and other individual account infor mation shall be maintained as confidential by the flexible employee benefit plan. The records shall not be disclosed except as necessary to accomplish the purposes of this article or as otherwise authorized in writing by the employee. This prohibition shall not bar fed eral, state, or local tax authorities from such access to the records as may be necessary to establish the tax status or liability of an employee or other individual."
Section 4. Said article is further amended by striking Code Section 45-18-54, relating to continuation of optional plans, in its entirety and inserting in lieu thereof a new Code Sec tion 45-18-54 to read as follows:
"45-18-54. The head of each department, agency, authority, or county department of health shall have the option to determine whether or not the employees within his respec tive agency shall continue any optional program that is in operation on January 1, 1986. The head of each local board of education or retirement or pension system shall have the option to determine whether or not the employees within his board of education or the retired public school teachers shall continue any optional program that is in operation on January 1, 1990. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntarily desig nated amounts, including insurance, from the salaries of the full-time employees must be approved by the council after January 1, 1986, for state departments, agencies, authorities, or county departments of health and after January 1, 1990, for local boards of education and retirement and pension systems, except that the Legislative Services Committee may con tinue or approve any optional program for members of the General Assembly and employees of the General Assembly."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Garner of the 30th moved that HB 724 be committed to the Senate Committee on Governmental Operations.
On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 724 was com mitted to the Senate Committee on Governmental Operations.
HR 316. By Representatives Thomas of the 69th and Jackson of the 9th:
A resolution creating the Joint Title 40 Study Committee.
Senate Sponsor: Senator Dean of the 31st.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Barnes Bowen Broun Burton
Coverdell jjeaj Dean Echols Edge English Engram Fincher

Foster Garner Gillis Hammill
Harris Huggins Johnson TM* Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Baldwin Barker Brannon

Dawkins Fuller Howard

Kennedy (excused conferee) Starr (excused conferee) Stumbaugh

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

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereon:

SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

The House substitute to SB 137 was as follows:

A BILL
To be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health plan ning and development, so as to provide for a new exemption for certain remodeling, renova tion, and replacement projects; 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 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health planning and development, is amended by striking "and" after the semicolon at the end of paragraph (14) of subsection (a) thereof, striking the period at the end of paragraph (15) of that subsection (a) and in serting in its place "; and ", and by adding immediately thereafter a new paragraph to read as follows:
"(16) Capital expenditures for a project otherwise requiring a certificate of need if those

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expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and:
(A) That hospital:
(i) Has a bed capacity of not more than 50 beds;
(ii) Is located in a county in which no other medical-surgical hospital is located;
(iii) Has been designated as a disproportionate share hospital by the Department of Medical Assistance; and
(iv) Has at least 45 percent of its patient revenues derived from medicare, Medicaid, or any combination thereof, for the immediately preceding three years; and
(B) That project:
(i) Does not result in any of the following:
(I) The offering of any new clinical health services;
(II) Any increase in bed capacity;
(III) Any redistribution of existing beds among existing clinical health services; or
(IV) Any increase in capacity of existing clinical health services;
(ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and
(iii) Is located within a three-mile radius of and within the same county as the hospi tal's existing facility."
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 Kidd of the 25th moved that the Senate agree to the House substitute to SB 137 as amended by the following amendment:

Amend the House substitute to SB 137 by adding on line 1 of page 2, between the word "Has" and the word "been", the following:
"at any time". By adding at the end of line 13 of page 2 the word "or". By striking from the end of line 16 of page 2 the word "or". By striking in their entirety lines 17 and 18 on page 2, which read as follows: "(IV) Any increase in capacity of existing clinical health services;".

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

Those voting in the affirmative were Senators:

Albert Barnes Bowen Broun Burton Clay Coleman Collins Coverdell

Dawkins Deal Dean Echols Edge English Engram Fincher Foster

Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford

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Newbill Olmstead Parker
Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th

Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Baldwin Barker Brannon

Fuller

Shumake

Howard

Starr (excused conferee)

Kennedy (excused conferee) Stumbaugh

McKenzie

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 137 as amended by the Senate.

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

HB 612. By Representative Dixon of the 151st:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to provide that the Board of Pilotage Com missioners for the City of St. Marys shall have the authority to make an agree ment with the Florida State Board of Pilot Commissioners to establish authority for reciprocal pilotage in the port of St. Marys and the tributaries of the St. Marys River.
Senate Sponsor: Senator Echols of the 6th.

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

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun Burton Clay Coleman Collins
Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Gillis Hammill Harris Huggins Johnson Kidd Land Langford Olmstead Parker

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

Those not voting were Senators:

Allgood (excused conferee) Baldwin Brannon Garner

Howard

Shumake

Kennedy (excused conferee) Starr (excused conferee)

McKenzie

Stumbaugh

Newbill

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On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 773. By Representative Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, so as to change certain definitions; to provide for the inclusion of certain campsite time-share programs and establish requirements and procedures relating thereto.
Senate Sponsor: Senator Baldwin of the 29th.
The Senate Committee on Judiciary offered the following substitute to HB 773:
A BILL
To be entitled an Act to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, so as to change certain definitions; to change certain provisions relating to taxation and title; to provide for the inclusion of certain campsite time-share programs and establish requirements and proce dures relating thereto; to provide for instruments, statements, and programs; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, is amended by striking paragraph (25) of Code Section 44-3-162, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(25) 'Time-share program' means any arrangement for time-share intervals in a timeshare project whereby the use, occupancy, or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy, or pos session circulates among purchasers of the time-share intervals according to a fixed or float ing time schedule on a periodic basis occurring annually over any period of time in excess of one year in duration, and for purposes of this paragraph a floating time schedule includes, without being limited to, a time-share use of a campsite for a fixed period or for a period determined by availability on a first come, first serve basis and such use shall be a campsite time-share program for purposes of Code Section 44-3-171 and Code Section 44-3-205."
Section 2. Said article is further amended by striking subsection (c) of Code Section 443-163, relating to time-share estate titles, recording transfers or encumbrances, and taxation, and inserting in its place a new subsection (c) to read as follows:
"(c) For purposes of title, each time-share estate constitutes a separate estate or inter est in property."
Section 3. Said article is further amended by striking "and" at the end of paragraph (2) of Code Section 44-3-169, relating to contents of instruments creating time-share uses, by striking the period at the end of paragraph (3) of that Code section and inserting in its place "; and", and by adding immediately thereafter a new paragraph to read as follows:
"(4) In the case of a time-share program in which campsites are included in the units committed to the program for a period determined by availability on a first come, first serve basis, the instrument creating the use shall specify and the program itself shall provide a minimum period, which period shall be at least 30 days per year, during which the units are available by a prearrangement or under a first reserved, first served priority system, and the minimum period so specified shall be the time the units are committed to the time-share program for purposes of this article, including but not limited to paragraph (2) of this Code

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section, and for determining the amount of time sold to a purchaser for purposes of subparagraphs (B) and (C) of paragraph (2) of subsection (a) of Code Section 44-3-175."
Section 4. Said article is further amended by striking Code Section 44-3-171, relating to sales of time-share intervals in programs organized prior to certain dates, and inserting in its place the following:
"44-3-171. (a) In the event that:
(1) Time-share intervals in a time-share program have been sold in this state to a resi dent of this state prior to July 1, 1983;
(2) The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-166 through 44-3-170; and
(3) The developer does not control a sufficient number of votes in the time-share pro gram to amend the time-share instruments and project instruments to provide for the inclu sion of the provisions required by Code Sections 44-3-166 through 44-3-170 without the vote of any other time-share interval owners,
then the developer shall include in the public offering statement a listing of those provisions required by Code Sections 44-3-166 through 44-3-170, but not included in the instruments.
(b) In the event that:
(1) Time-share intervals in a campsite time-share program have been sold in this state to a resident of this state prior to July 1, 1989;
(2) The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-169 and 44-3-170; and
(3) The developer does not control a sufficient number of votes in the time-share pro gram to amend the time-share instruments and project instruments to provide for the inclu sion of the provisions required by Code Sections 44-3-169 and 44-3-170 without the vote of any other time-share interval owners,
then the developer shall include in the public offering statement a listing of those provisions required by Code Sections 44-3-169 and 44-3-170, but not included in the instruments."
Section 5. Said article is further amended by striking Code Section 44-3-205, relating to application of the article to time-share programs created before certain dates, and inserting in its place a new Code section to read as follows:
"44-3-205. (a) The provisions of this article shall apply to any time-share program lo cated in this state or outside this state when offered for sale in this state created or com menced after July 1, 1983, and 180 days after July 1, 1983, as to any time-share program heretofore created or commenced.
(b) The provisions of this article shall apply to any campsite time-share program lo cated in this state or outside this state when offered for sale in this state created or com menced after July 1, 1989, and 180 days after July 1, 1989, as to any campsite time-share program heretofore created or commenced."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Baldwin Brannon Fincher

Howard

Shumake

Kennedy (excused conferee) Starr (excused conferee)

McKenzie

Stumbaugh

Phillips

Tate

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

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

HB 218. By Representatives Jamieson of the llth and Couch of the 36th:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency, so as to provide for circumstances in which a child is competent to testify without qualification.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Judiciary offered the following substitute to HB 218:

A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses, so as to provide that in criminal cases in which a child was a victim or a witness, such child shall be competent to testify and his credibility shall be determined by the trier of fact; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses, is amended by striking in its entirety Code Section 249-5, relating to competency to testify of persons without use of reason, and inserting in lieu thereof a new Code Section 24-9-5 to read as follows:
"24-9-5. (a) Except as provided in subsection (b) of this Code section, persons who do not have the use of reason, such as idiots, lunatics during lunacy, and children who do not understand the nature of an oath, shall be incompetent witnesses.
(b) Notwithstanding the provisions of subsection (a) of this Code section, in all criminal cases in which a child was a victim of or a witness to any crime, any such child shall be

MONDAY, MARCH 13, 1989

2141

competent to testify, and his credibility shall be determined as provided in Article 4 of this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that HB 218 be committed to the Senate Committee on Judiciary.

On the motion, the yeas were 37, nays 1; the motion prevailed, and HB 218 was com mitted to the Senate Committee on Judiciary.

HB 822. By Representatives McDonald of the 12th, Murphy of the 18th, Colwell of the 4th, Walker of the 115th and Foster of the 6th:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the definition of the term "property"; to define the term "real property"; to empower the com mission to acquire real property in the name of the state, with custody in the State Properties Commission.
Senate Sponsors: Senators Brannon of the 51st and Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun Burton Clay Coleman Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Langford Olmstead

Parker Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Collins Coverdell

Newbill

Taylor

Those not voting were Senators:

Allgood (excused conferee) BBaraldnwnoinn Dawkins Howard

Kennedy (excused conferee) Phillips

Land

Shumake

McKenzie

Starr (excused conferee)

Peevy

Stumbaugh

On the passage of the bill, the yeas were 39, nays 4.

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

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HB 529. By Representative Moultrie of the 93rd:
A bill to amend Article 2 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the great seal of the state, so as to prohibit the use or display of the great seal or a facsimile of the state emblem on or in connection with any campaign poster, sign, or advertisement for election to any public office.
Senate Sponsor: Senator Garner of the 30th.

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

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

Those voting in the affirmative were Senators:

Albert Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dean Echols Edge English

Engram Fincher Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Newbill Olmstead

Parker Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Taylor Timmons Tysinger Walker

Those voting in the negative were Senators:

Deal

Foster

Peevy

Those not voting were Senators:

Allgood (excused conferee) Baldwin Barker Brannon Dawkins

Howard

Scott of 36th

Kennedy (excused conferee) Starr (excused conferee)

Langford

Stumbaugh

McKenzie

Tate

Phillips

Turner

On the passage of the bill, the yeas were 38, nays 3.

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

HB 817. By Representatives Kingston of the 125th, Chambless of the 133rd and Hooks of the 116th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to informed consent for medical treatment, so as to change the period within which consent must be obtained.
Senate Sponsor: Senator Coleman of the 1st.

The Senate Committee on Human Resources offered the following substitute to HB 817:

A BILL To be entitled an Act to amend Code Section 31-9-6.1 of the Official Code of Georgia

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Annotated, relating to informed consent for medical treatment, so as to change the period within which consent must be obtained; to provide that prior consent to a surgical or diag nostic procedure, other than amniocentesis, involved in the labor process or in the delivery of an infant may be obtained during the prenatal period; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to informed consent for medical treatment, is amended by striking paragraphs (4) and (5) of subsection (e) thereof and inserting in lieu thereof new paragraphs (4), (5), and (6) to read as follows:
"(4) A prior consent, within 30 days of the surgical or diagnostic procedure, complying 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, however, that if such consent is obtained in contemplation of the admission of the patient to a hospi tal 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;
(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; or
(6) A prior consent to a surgical or diagnostic procedure, other than amniocentesis, which is involved in the labor process or in the delivery of an infant has been obtained during the prenatal period in accordance with this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Coleman of the 1st offered the following amendment:
Amend the substitute to HB 817 offered by the Senate Committee on Human Re sources by striking from lines 4 through 7 of page 1 the following:
"to provide that prior consent to a surgical or diagnostic procedure, other than amni ocentesis, involved in the labor process or in the delivery of an infant may be obtained during the prenatal period;".
By striking from line 12 of page 1 the following:
"paragraphs (4) and",
and inserting in its place the following:
"paragraph (4)".
By striking from line 13 of page 1 the following: "(5)".
By striking from line 14 the following:
"new paragraphs (4), (5), and (6)",
and inserting in its place the following:
"a new paragraph (4)".
By striking from line 26 of page 1 the following: "er",
and inserting in its place the following:

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By adding quotation marks at the end of line 26 of page 1 and striking lines 1 through 10 of page 2 in their entirety.

Senator Coleman of the 1st asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Coleman of the 1st to the substitute to HB 817 offered by the Senate Committee on Human Resources was with drawn.

On the adoption of the substitute, the yeas were 1, nays 40, and the substitute was lost.

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

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen
^roun B,"rton Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Fuller Gillis Hammill Harris Huggins Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry
Pollard Ragan of 10th Ragan of 32nd Rav Scott of 2nd Scott of 36th Turner Tysinger Walker

Those voting in the negative were Senators:

Coverdell Parker

Shumake

Taylor

Those not voting were Senators:

Allgood (excused conferee) Baldwin Brannon Garner

Howard

Starr (excused conferee)

Johnson

Stumbaugh

Kennedy (excused conferee) Tate

Phillips

Timmons

On the passage of the bill, the yeas were 40, nays 4.

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

HB 611. By Representative Holmes of the 28th:
A bill to amend Code Section 45-18-36 of the Official Code of Georgia Annotated, relating to salary deductions to be instituted by payroll departments at request of employees, so as to provide for confidentiality of individual account records.
Senate Sponsor: Senator Parker of the 15th.

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

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols

Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Huggins Kidd Langford McKenzie

Olmstead Parker Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Taylor Turner Tysinger Walker

Voting in the negative were Senators Newbill and Ragan of 32nd.

Those not voting were Senators:

Allgood (excused conferee) Baldwin Brannon Dawkins
Garner

Howard

Phillips

Johnson

Starr (excused conferee)

Kennedy (excused conferee) Stumbaugh

Land

Tate

Peevy

Timmons

On the passage of the bill, the yeas were 39, nays 2.

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

HR 105. By Representative Heard of the 43rd: A resolution designating the Floy Farr Parkway. Senate Sponsors: Senators Engram of the 34th and Dean of the 31st.

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 Barker Barnes
Bowen Broun Bn ,urton ColLs Coverdell Dean Echols Edge Engram

Fincher Foster Fuller
GiUis Hammill H,,arris. ST Land Langford McKenzie Olmstead Parker

Perry Pollard Ragan of 10th
Ragan of 32nd pja S0 co.t.t oef 02ndj ^ott of 36th Shumake Taylr Turner Tysinger Walker

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Those not voting were Senators:

Allgood (excused conferee) Baldwin Brannon Coleman Dawkins Deal

English

Peevy

Garner

Phillips

Howard

Starr (excused conferee)

Johnson

Stumbaugh

Kennedy (excused conferee) Tate

Newbill

Timmons

On the adoption of the resolution, the yeas were 38, nays 0.

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

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 54. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.

The House substitute to SR 54 was as follows:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in the City of Milledgeville, Baldwin County, Georgia; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of five parcels of real property located in Baldwin County, Georgia; and
WHEREAS, said real property is all those tracts or parcels of land lying and being in Baldwin County, Georgia, in the original first land and present 318th militia district, it lying in and being a part of land lot numbers 265, 266, and 281 and being generally described as follows:
"PARCEL 'A'

That certain now vacant and unimproved tract or parcel of land situate, lying and being along and immediately adjoining the northwest corner of the intersection of Roberson Mill Road and State Highway Route 22 containing approximately 9.68 acres, the property here described is more particularly shown on a plat of survey on file in the office of the State Properties Commission, and will be more particularly described by a plat of survey that will be prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission by the purchaser."
"PARCEL 'B' and PARCEL 'C'
That certain now vacant and unimproved tract or parcel of land situate, lying and being north of State Route 22, east of Roberson Mill Road, south of Garrett Way, and north and northwest of the Georgia Railroad right-of-way containing approximately 10.04 acres and approximately 1.06 acre respectively. The property here described is more particularly shown on a plat of survey on file in the office of the State Properties Commission, and will be more particularly described by a plat of survey that will be prepared by a Georgia Regis tered Land Surveyor and presented to the State Properties Commission by the purchaser."
"PARCEL 'D'

BEGINNING at a point 150 feet right of and opposite station 294 + 00 on the construc tion centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence N 87 degrees 54'01" W a distance of 394.3 feet to a point 200 feet left of and opposite station 295 + 80 on

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said construction centerline; thence northwesterly along a curved line 200 feet left of and parallel to said construction centerline, an arc distance of 132.6 feet to a point 200 feet left of and opposite station 297+00 on said construction centerline; thence N 70 degrees 51'43" E a distance of 50 feet to a point 150 feet left of and opposite station 297 + 00 on said construction centerline; thence northerly and northwesterly along a curved line 150 feet left of and parallel to said construction centerline, an arc distance of 575.8 feet to a point 150 feet left of and opposite station 302 + 33.9 on said construction centerline; thence N 03 de grees 07'15" W a distance of 3,208.8 feet to a point 150 feet left of and opposite station 334+42.7 on said construction centerline; thence N 54 degrees 47'36.5" E a combined dis tance of 354.6 feet to a point 116 feet right of and opposite station 336 + 35.2 on said con struction centerline; thence southeasterly along a curved line with a radius of 838.93 feet an arc distance of 29.1 feet to a point of 116.00 feet right of and opposite station 336 + 02.1 on said construction centerline; thence S 03 degrees 07'15" E a distance of 752.1 feet to a point 150 feet right of and opposite station 328+50 on the construction centerline of said project; thence northeasterly along a straight line to a point 180 feet right of and opposite station 328+50 on said construction centerline; thence southeasterly along a straight line to a point 180 feet right of and opposite station 325 + 50 on said construction centerline; thence south westerly along a straight line to a point 150 feet right of and opposite station 325 + 50 on said construction centerline; thence S 03 degrees 07'15" E a distance of 2,316.1 feet to a point 150 feet right of and opposite station 302 + 33.9 on said construction centerline; thence southerly and southeasterly along a curved line 150 feet right of and parallel to said con struction centerline, an arc distance of 768.4 feet back to the point of BEGINNING. Said property is further identified as Parcel Number 23 on that certain plat prepared by the Department of Transportation for Project Number EDS-441(2) Ct. 1, Baldwin County, dated August 6, 1987."
"PARCEL 'E'
All that tract or parcel of land lying and being in Land Lot 281 of the 1st Land District of Baldwin County, Georgia, being more particularly described as follows:
BEGINNING at a point on the northwesterly existing right of way line of Georgia Rail road, said point being 66 feet right of and opposite station 338+04.4 on the construction centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence S 54 degrees 47*36.4" W a combined distance of 315.9 feet to a point 184 feet left of and opposite station 336+17.0 on said construction centerline; thence northeasterly along a line 184 feet left of and parallel to said construction centerline to a point 184 feet left of and opposite station 343 + 77.9 on said construction centerline, said point also being on the southerly existing right-of-way line of State Route 22; thence southeasterly along said existing southerly rightof-way line a combined distance of 206.7 feet to a point 7.0 feet right of and opposite station 344+56.7 on said construction centerline, said point also being of a property line between the lands of grantor and the lands now or formerly owned by Georgia Power Company; thence southwesterly along said latter property line a distance of 463.4 feet to the intersec tion of another property line between the lands of the grantor and said Georgia Power Com pany lands at a point 6.8 feet left of and opposite station 339+90.5 on said construction centerline; thence southeasterly along said latter property line a combined distance of 197.1 feet to the intersection of said northwestern existing Railroad right of way line; thence southwesterly along said northwestern existing Railroad right of way line a distance of 187.9 feet back to the point of BEGINNING.
Said property is further identified as Parcel Number 24 on that certain plat prepared by the Department of Transportation for Project Number EDS-441(2) Ct. 1, Baldwin County, dated August 6, 1987.";
and
WHEREAS, said property is under the custody and management of the Department of Human Resources; and

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WHEREAS, said parcels are not being utilized by the Department of Human Resources and have been declared surplus to its needs; and
WHEREAS, the property is no longer useful to or needed by the State of Georgia and therefore is surplus, except that portion of the property that is needed by the Department of Transportation or Baldwin County for future expansion of U.S. Highway 441-Milledgeville By-Pass.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, is authorized and empowered to sell and convey all or a portion of the above-de scribed Parcels "A," "B," and "C" by sale after public competitive bid procedure, for a consideration not less than the fair market value, to a purchaser or purchasers upon such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 3. That Parcel "D" and Parcel "E" of the above-described real property shall be conveyed by appropriate instrument to the Department of Transportation by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia.
Section 4. That a plat of survey shall be provided by purchaser or purchasers suitable for recording in Baldwin County and presented to the State Properties Commission for its approval prior to conveyance of the above-mentioned Parcels "A", "B", and "C".
Section 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 6. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated, requir ing that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the survey of the property, the conveyance of which is authorized by this resolution, to be furnished by purchaser or purchasers and presented to and approved by the State Properties Commission, shall constitute an accept able plat for filing.
Section 7. That a resolution, Resolution Act No. 15, S. R. 17, authorizing the convey ance of certain state owned real property located in the City of Milledgeville, Baldwin County, to Baldwin County Home for Elderly, Inc., approved April 2, 1987 (Ga. L. 1987, p. 695), is repealed in its entirety.
Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 9. That all laws and parts of laws in conflict with this resolution are repealed.
Senator Kidd of the 25th moved that the Senate agree to the House substitute to SR 54 by the following Senate substitute:
A RESOLUTION
Authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to provide for intent with respect to a specific Act enacted in 1987; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of four parcels of real property in Bald-

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win County, two of which are located within the right-of-way limits of U.S. Highway 441 in Baldwin County, Georgia; and
WHEREAS, Parcel "A" and Parcel "B" of the property are approximately 150 acres located in Land Lot 266 and Land Lot 281 and identified on a drawing on file in the office of the State Properties Commission and more particularly identified and described by a plat of survey suitable for recording in Baldwin County to be provided to the State Properties Commission prior to the conveyance of said parcels of property; and
WHEREAS, Parcel "C" of the property is approximately 28.06 acres and Parcel "D" of the property is approximately 2.90 acres; and
WHEREAS, Parcel "C" and Parcel "D" of said real property are all those tracts or parcels of land lying and being in Baldwin County, Georgia, and being generally described as follows:
"PARCEL 'C'
All that tract or parcel of land lying and being in Land Lots 265, 266 and 281 of the 1st Land District of Baldwin County, Georgia, being more particularly described as follows:
BEGINNING at a point 150 feet right of and opposite station 294 + 00 on the construc tion centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence N 87 degrees 54'01" W a distance of 394.3 feet to a point 200 feet left of and opposite station 295 + 80 on said construction centerline; thence northwesterly along a curved line 200 feet left of and parallel to said construction centerline, an arc distance of 132.6 feet to a point 200 feet left of and opposite station 297+00 on said construction centerline; thence N 70 degrees 51'43" E a distance of 50 feet to a point 150 feet left of and opposite station 297 + 00 on said construction centerline; thence northerly and northwesterly along a curved line 150 feet left of and parallel to said construction centerline, an arc distance of 575.8 feet to a point 150 feet left of and opposite station 302 + 33.9 on said construction centerline; thence N 03 de grees 07'15" W a distance of 3,208.8 feet to a point 150 feet left of and opposite station 334 + 42.7 on said construction centerline; thence N 54 degrees 47'36.5" E a combined dis tance of 354.6 feet to a point 116 feet right of and opposite station 336 + 35.2 on said con struction centerline; thence southeasterly along a curved line with a radius of 838.93 feet an arc distance of 29.1 feet to a point of 116.0 feet right of and opposite station 336 + 02.1 on said construction centerline; thence S 03 degrees 07'15" E a distance of 752.1 feet to a point 150 feet right of and opposite station 328 + 50 on the construction centerline of said project; thence northeasterly along a straight line to a point 180 feet right of and opposite station 328 + 50 on said construction centerline; thence southeasterly along a straight line to a point 180 feet right of and opposite station 325 + 50 on said construction centerline; thence south westerly along a straight line to a point 150 feet right of and opposite station 325 + 50 on said construction centerline; thence S 03 degrees 07'15" E a distance of 2,316.1 feet to a point 150 feet right of and opposite station 302 + 33.9 on said construction centerline; thence southerly and southeasterly along a curved line 150 feet right of and parallel to said con struction centerline, an arc distance of 768.4 feet back to the point of BEGINNING. Said property is further identified as Parcel Number 23 on that certain plat prepared by the Department of Transportation for Project Number EDS-441(2) Ct. 1, Baldwin County, dated August 6, 1987."
"PARCEL 'D'
All that tract or parcel of land lying and being in Land Lot 281 of the 1st Land District of Baldwin County, Georgia, being more particularly described as follows:
BEGINNING at a point on the northwesterly existing right of way line of Georgia Rail road, said point being 66 feet right of and opposite station 338+04.4 on the construction centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence S 54 degrees 47'36.4" W a combined distance of 315.9 feet to a point 184 feet left of and opposite station 336 + 17.0 on said construction centerline; thence northeasterly along a line 184 feet left of and parallel to said construction centerline to a point 184 feet left of and opposite station 343 + 77.9 on said construction centerline, said point also being on the southerly existing

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right-of-way line of State Route 22; thence southeasterly along said existing southerly rightof-way line a combined distance of 206.7 feet to a point 7.0 feet right of and opposite station 344 + 56.7 on said construction centerline, said point also being of a property line between the lands of grantor and the lands now or formerly owned by Georgia Power Company; thence southwesterly along said latter property line a distance of 463.4 feet to the intersec tion of another property line between the lands of the grantor and said Georgia Power Com pany lands at a point 6.8 feet left of and opposite station 339 + 90.5 on said construction centerline; thence southeasterly along said latter property line a combined distance of 197.1 feet to the intersection of said northwestern existing Railroad right of way line; thence southwesterly along said northwestern existing Railroad right of way line a distance of 187.9 feet back to the point of BEGINNING.
Said property is further identified as Parcel Number 24 on that certain plat prepared by the Department of Transportation for Project Number EDS-441(2) Ct. 1, Baldwin County, dated August 6, 1987.";
and
WHEREAS, the Development Authority of City of Milledgeville and Baldwin County is desirous of obtaining Parcel "A" and Parcel "B" of the above-described property; and
WHEREAS, the Department of Transportation is desirous of obtaining Parcel "C" and Parcel "D" of the above-described property for the U.S. Highway 441 - Milledgeville ByPass; and
WHEREAS, this property is not needed by the State of Georgia and therefore is surplus.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described property and, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission.
Section 2. That Parcel "A" and Parcel "B" of the above-described real property shall be conveyed by appropriate instrument to the Development Authority of City of Milledgeville and Baldwin County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $650.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
Section 3. That Parcel "C" and Parcel "D" of the above-described real property shall be conveyed by appropriate instrument to the Department of Transportation by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $650.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
Section 4. That, if the Development Authority of the City of Milledgeville and Baldwin County determines the need to convey all or a portion of Parcel "A" or Parcel "B" of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposi tion and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
Section 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 6. That a plat of survey shall be provided by purchaser, suitable for recording in

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Baldwin County, and presented to the Executive Director of the State Properties Commis sion for his approval.
Section 7. That it is the intent of the General Assembly that the resolution, Resolution Act No. 15, S.R. 17, authorizing the conveyance of certain state owned real property located in the City of Milledgeville, Baldwin County, to Baldwin County Home for Elderly, Inc., approved April 2, 1987 (Ga. L. 1987, p. 695), be implemented and carried out immediately.
Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 9. That all laws and parts of laws in conflict with this resolution are repealed.

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen
Collins Coverdell Dawkins D ea l Dean Echols Edge

Engram Fincher Foster
Fuller Gillis Hammill
Harris Huggins Kidd Land McKenzie Newbill Olmstead

Parker Perry Pollard
Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Baldwin
rannon English Garner

Howard

Phillips

Johnson

Starr (excused conferee)

Kennedy (excused conferee) Stumbaugh

Langford

Tate

Peevy

Taylor

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 54 by the Senate substitute.

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

HB 833. By Representative Watson of the 114th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facili ties, so as to change certain provisions relating to prerequisites to blasting or excavating.
Senate Sponsors: Senators Dawkins of the 45th and Fuller of the 52nd.

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

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Kidd Land McKenzie Newbill

Olmstead Parker Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Timmons Turner Tysinger Walker

Voting in the negative were Senators Echols and Perry.

Those not voting were Senators:

Allgood (excused conferee)
BBaraldnwnoinn Howard Johnson

Kennedy (excused conferee) Starr (excused conferee)

Langford

Stumbaugh

Peevv Phillips

Tate Taylor

On the passage of the bill, the yeas were 41, nays 2.

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

HB 599. By Representatives Floyd of the 154th and Porter of the 119th:
A bill to amend Code Section 15-12-81 of the Official Code of Georgia Annotated, relating to notice of upcoming appointment by the grand jury, so as to provide that any board, authority, or entity whose members are elected, selected, or ap pointed by the grand jury of a county shall notify the clerk of superior court of the upcoming appointment.
Senate Sponsor: Senator Deal of the 49th.

Senators Parker of the 15th and Land of the 16th offered the following amendment:

Amend HB 599 by adding after "notice" on page 1, line 23, the following:

"; except where a vacancy has been created by death, resignation or removal from office, in which case notice shall be given within 10 days of the creation of the vacancy."

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

Senator Parker of the 15th offered the following amendment:

Amend HB 599 by adding after "appointment", page 2, line 3, the following:

", except, where a vacancy has been created by death, resignation or removal, notice shall be

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published once a week for two weeks during a period not sooner than 10 days prior to the election, selection, or appointment."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen
Broun Burton C'f CCoollleimnsan Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Fuller Gilhs Hammill HHuargrgisins Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Pollard Ragan of 10th
Ragan of 32nd j^a Scott of 2nd ,,Sco.t.t of,. 3,,,,6.t,h Shumake Stumbaugh Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood (excused conferee) Baldwin Brannon Garner

Howard

Phillips

Johnson

Starr (excused conferee)

Kennedy (excused conferee) Tate

Langford

Walker

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

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

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

Mr. President:

The House insists on its position in disagreeing to the Senate amendment to the House amendment, 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 Senate:

SB 183. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to au thorize the use of electronic or automated methods or systems of record keeping.

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The Speaker has appointed on the part of the House, Representatives Oliver of the 53rd, Thomas of the 69th and Alien of the 127th.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Jus tices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 178. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others: A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry.
The House has disagreed to the Senate substitutes to the following bills of the House:
HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.
HB 679. By Representative Adams of the 79th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds so as to provide that in lieu of a performance bond or a payment bond, the state, a county, a municipal corpora tion, or any public board or body may accept a cashier's check, certified check, or cash in at least a certain amount for the protection and use of certain parties.
The House insists on its position in amending the following bills of the Senate:
SB 239. By Senator Barnes of the 33rd: A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.
SB 240. By Senators Ray of the 19th, Kennedy of the 4th and Timmons of the llth: A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local

MONDAY, MARCH 13, 1989

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taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and others: A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relat ing to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.
The Speaker has appointed on the part of the House, Representatives Pettit of the 19th, Baker of the 51st and Chambless of the 133rd.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 277. By Senator Albert of the 23rd: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours in certain es tablishments on Sunday; to provide for an effective date.
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 260. By Senator Bowen of the 13th: A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.
The Speaker has appointed on the part of the House, Representatives Twiggs of the 4th, Mobley of the 64th and Barnett of the 10th.
The following bills of the House were taken up for the purpose of considering the Con ference Committee reports thereon:
HB 96. By Representative Barnett of the 10th: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
The Conference Committee report on HB 96 was as follows:
The Committee of Conference on HB 96 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 96 be adopted.
Respectfully submitted,

FOR THE SENATE:
Isl Gene Walker Senator, 43rd District
/s/ Roy E. Barnes Senator, 33rd District
Is/ Earl Echols, Jr. Senator, 6th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bill Barnett Representative, 10th District
/si DuBose Porter Representative, 119th District
/s/ Larry Smith Representative, 78th District

Conference Committee substitute to HB 96:

A BILL
To be entitled an Act to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, is amended by striking Code Section 15-12-7, relating to compensation of court bailiffs and expense allowances for jurors, and inserting in its place a new Code Section 15-12-7 to read as follows:
"15-12-7. (a) The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix:
(1) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5.00 nor to exceed $60.00 per diem. The same compensation shall be allowed to bailiffs of the several state courts and special courts as is allowed bailiffs in the superior court of the county in which the state or special court is located; and
(2) An expense allowance for jurors in the superior courts of such counties for the next succeeding year, such expense allowance not to be less than $5.00 nor to exceed $35.00 per diem. The same expense allowance shall be allowed to jurors of the several state courts and special courts as is allowed jurors in the superior court of the county in which the state or special court is located. The expense allowance of tales jurors shall be the same as that of a regularly drawn trial juror. The expense allowance so authorized by the grand jury shall be authorized also for grand jurors.
(b) Subsequent to January 1, 1991, any increase in the compensation of court bailiffs or increases in expense allowances for jurors fixed by a grand jury shall be subject to the ap proval of the governing authority of the county.
(c) Prior to January 1, 1991, no grand jury shall increase the compensation of court bailiffs nor increase an expense allowance for jurors until such time as the chief executive of the governing authority of the county or his designee shall appear before the grand jury for the purpose of describing the fiscal impact of a proposed increase on such county."
Section 2. 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 HB 96.

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun Burton Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Baldwin Brannon Clay

Howard

Phillips

Johnson

Pollard

Kennedy (excused conferee) Ray

Langford

Starr (excused conferee)

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 96.

HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.

The Conference Committee report on HB 269 was as follows:
The Committee of Conference on HB 269 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 269 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Culver Kidd . Senator, 25th District
/s/ Tommy C. Olmstead Senator, 26th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ George M. Brown Representative, 88th District
/s/ DuBose Porter Representative, 119th District
/s/ William C. Randall Representative, 101st District

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Conference Committee substitute to HB 269:

A BILL
To be entitled an Act to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, is amended by adding at the end a new subsection to read as follows:
"(d) Where the amount of any bond required under the other subsections of this Code section does not exceed $300,000.00, the state, a county, a municipality, or any public board or body may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under the other subsections of this Code section."
Section 2. Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) Contractors who are awarded contracts shall be required to give bond for the total amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time, except that an irrevocable letter of credit may be sub stituted for that bond under the conditions provided in subsection (d) of Code Section 1310-1."
Section 3. 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 269.

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Kidd Land McKenzie Newbill

Parker Perry Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Brannon

Baldwin

Dawkins

Howard Johnson

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2159

Kennedy (excused conferee) Peevy

Langford

Phillips

Olmstead

Pollard

Ray Starr (excused conferee)

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 269.

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

HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.

Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 380.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 380.

SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.

Senator Barnes of the 33rd moved that the Senate adhere to its disagreement to the House amendment to SB 239, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 239.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Taylor of the 12th, Johnson of the 47th and Deal of the 49th.

HB 679. By Representative Adams of the 79th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds so as to provide that in lieu of a performance bond or a payment bond, the state, a county, a municipal corpora tion, or any public board or body may accept a cashier's check, certified check, or cash in at least a certain amount for the protection and use of certain parties.

Senator Kidd of the 25th moved that the Senate recede from the Senate substitute to HB 679.

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

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Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun ^urton
CCoo'7llleimnsan Coverdell
Dawkins Deal Dean Echols Edge

English Engram Fincher Foster uller "ner
SHHaamrrSims il,,l Huggins
Kidd Land McKenzie Newbill Olmstead

Those not voting were Senators:

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd
SS,,,hcoutmt aok.fe36th Stumbaugh
Tate Taylor Timmons Turner Walker

Allgood (excused conferee) Baldwin Brannon Howard

Johnson

Ray

Kennedy (excused conferee) Scott of 2nd

Langford

Starr (excused conferee)

Phillips

Tysinger

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate receded from the Senate substitute to HB 679.

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

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 323. By Senator Coverdell of the 40th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to the prohibition of councils binding future councils, so as to change the provisions relating to governing authorities of municipal corporations having a population of not less than 400,000.

The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Per manent Site of the Georgia Music Hall of Fame.

The President announced that the Senate would stand in recess from 5:04 o'clock P.M. until 5:45 o'clock P.M.

At 5:45 o'clock P.M., the President called the Senate to order.

MONDAY, MARCH 13, 1989

2161

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

SB 297. By Senator Allgood of the 22nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by cer tain offices.

The Conference Committee report on SB 297 was as follows:
The Committee of Conference on SB 297 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 297 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Harrill L. Dawkins Senator, 45th District
/s/ John C. Foster Senator, 50th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jack Connell Representative, 87th District
/s/ Denmark Groover Representative, 99th District
/s/ William J. Lee Representative, 72nd District

Conference Committee substitute to SB 297:

A BILL
To be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by certain offices; 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 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, is amended by replacing the pe riod at the end of paragraph (6) of subsection (a) with the symbol and word "; or" and by adding thereafter a new paragraph (7) of subsection (a) to describe a class of records for which public disclosure is not required and to read as follows:
"(7) Related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate Re search Office, or the House Research Office, provided that this exception shall not have any application with respect to records related to the provision of staff services to any commit tee or subcommittee or to any records which are or have been previously publicly disclosed by or pursuant to the direction of an individual member of the General Assembly."
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.

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Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on SB 297.

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

Baldwin Barnes Burton ^ay DDeaawl kins
Dean Echols Edge
English Engram

Fincher Foster Garner Gillis HHoamwamrdill
Huggins Kennedy McKenzie
Parker Peevy

Perry Pollard Ragan of i 0th Scott of 36th SQttumb, augh,
late Taylor Turner
Tysinger Walker

Those voting in the negative were Senators:

Barker Collins

Newbill

Ragan of 32nd

Those not voting were Senators:

Albert Allgood (excused conferee) ^owen Brannon Broun
Coleman
Coverdell

Fuller Harris ^nson Kidd Land
Langford
Olmstead

Phillips Ray Scott of 2nd _ Shumake
Starr (excused conferee)
Timmons

On the motion, the yeas were 32, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on SB 297.

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

Mr. President:

The House has agreed to the Senate substitute, as substituted by the House, to the following bill of the House:

HB 733. By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to the removal, resignation, settlement, and letters of dismis sion of a guardian, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust.

MONDAY, MARCH 13, 1989

2163

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 487. By Representatives Wilder of the 21st, Isakson of the 21st, Howren of the 20th, Clark of the 20th, Ehrhart of the 20th and others: A resolution creating the Marietta-Cobb County Consolidation Study Commission.
The House has appointed a 2nd Committee of Conference on the following bill of the Senate:
SB 257. By Senator Garner of the 30th: A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.
The Speaker has appointed on the part of the House, Representatives Colwell of the 4th, Foster of the 6th and Watts of the 41st.
The following bills of the House and Senate were taken up for the purpose of consider ing the House action thereon:
HB 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Jus tices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.
Senator Barnes of the 33rd moved that the Senate insist upon the Senate amendment to HB 55.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 55.
SB 277. By Senator Albert of the 23rd: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours in certain es tablishments on Sunday; to provide for an effective date.
The House substitute to SB 277 was as follows:
A BILL
To be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may au thorize the sale of alcoholic beverages during certain hours in certain establishments on Sunday; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, is amended by striking in their entirety subsections (d), (e), and (j) and by redesignating subsections (f), (g), (h), (i), (k), (1), (m), and (n) as subsections (d), (e), (f), (g), (h), (i), (j), and (k), respectively.
Section 2. Said Code section is further amended by striking in its entirety subsection (o) and by inserting immediately following newly redesignated subsection (k) a new subsec tion (1) to read as follows:
"(1) In all counties having a population of 160,000 or more according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alco holic beverages is lawful, the governing authority of the county or municipality, as appropri ate, may authorize the sale of alcoholic beverages for consumption on the premises:
(1) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays;
(2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 per cent of its total annual gross food and beverage sales from the sale of prepared meals or food; and
(3) In inns which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term 'inn' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.
The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises."
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 Albert of the 23rd moved that the Senate agree to the House substitute to SB 277.

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 Broun
Clay Coleman Collins Coverdell Dean Echols

Edge English Engram Fincher Fuller Garner
Gillis Hammill Howard Huggins Johnson Kennedy

Land McKenzie Newbill Olmstead Parker Peevy
Perry Ragan of 10th Scott of 2nd Scott of 36th Shumake Stumbaugh

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2165

Tate Taylor

Turner Tysinger

Walker

Those voting in the negative were Senators:

Burton Deal

Foster Pollard

Starr

Those not voting were Senators:

Allgood (excused conferee) Brannon Dawkins Harris

Kidd Langford Phillips

Ragan of 32nd Ray Timmons

On the motion, the yeas were 41, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 277.

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

SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.

The Second Conference Committee report on SB 257 was as follows:
The Committee of Conference on SB 257 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 257 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Wayne Garner Senator, 30th District
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton H. Colwell Representative, 4th District
/s/ Philip A. Foster Representative, 6th District
/s/ L. Charles Watts Representative, 41st District

Conference Committee substitute to SB 257:

A BILL
To be entitled an Act to amend Code Section 42-3-6, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), so as to change the amount of revenue bonds which may be issued; to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change the provisions relative to the authority to retain and use earnings of the Cor rectional Industries Administration; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-3-6, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-3-6 to read as follows:
"42-3-6. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this chapter, shall have the power and is authorized to provide by resolution for the issuance of negotia ble revenue bonds in a sum not to exceed $100 million for the purpose of paying all or any part of the cost, as defined in paragraph (3) of Code Section 42-3-2, of any one or combina tion of projects. Once a total of $100 million in revenue bonds has been issued, no revenue bonds shall be issued thereafter. The principal and interest of the revenue bonds shall be payable solely from the special fund provided for in this chapter for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates payable semiannually, shall mature at such time or times not exceeding 30 years from their date or dates, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority. They may be made redeemable before maturity, at the option of the authority, 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 the bonds."
Section 2. Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, is amended by striking paragraph (6) which reads as follows:
"(6) To retain any earnings to be used for capital expansion for operating capital in performing the duties and powers provided under this chapter:
(A) In the repair, alteration, erection, and maintenance of industrial buildings and equipment, provided that prior legislative approval for new construction and major capital expenditures is secured; and
(B) For vocational training of inmates without regard to their industrial or other assignments;",
in its entirety and substituting in lieu thereof new paragraphs (6), (6.1), and (6.2) to read as follows:
"(6) To retain its earnings for expenditure upon any lawful purpose of the administration;
(6.1) To conduct vocational training of inmates without regard to their industrial or other assignment;
(6.2) To construct, erect, install, equip, repair, replace, maintain, and operate facilities of every character, consistent with its purposes; provided, however, that the Department of Corrections may not contract with the administration to transfer to it any capital outlay appropriations unless the appropriation was by line item expressly designating such a pur pose; further, the warehouse the construction of which commenced in DeKalb County in 1988 by the administration and all other facilities of the administration presently completed are hereby ratified and approved;".
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 Garner of the 30th moved that the Senate adopt the Second Conference Com mittee report on SB 257.
On the motion, a roll call was taken, and the vote was as follows:

MONDAY, MARCH 13, 1989

2167

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Broun
CCoollleimnsan Deal Dean Echols Edge English Engram

Fincher Foster Fuller Garner Hammill Howard Hu5&lns JKoehnnnseodny Land Langford McKenzie Newbill
Olmstead Parker

Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake oS,tumbuaughi_ Tate Taylor Timmons Turner
Tysinger Walker

Voting in the negative were Senators Coverdell and Peevy.

Those not voting were Senators:

Allgood (excused conferee) Barnes Brannon Dawkins

Gillis Harris Kidd

Phillips Ray Starr

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate adopted the Second Conference Committee report on SB 257.

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

HB 178. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry.

Senator Taylor of the 12th moved that the Senate insist upon the Senate amendment to HB 178.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 178.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 323. By Senator Coverdell of the 40th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to the prohibition of councils binding future councils, so as to change the provisions relating to governing authorities of municipal corporations having a population of not less than 400,000.

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The House amendment was as follows:

Amend SB 323 by striking from lines 9 through 14 of page 2 the following:
"; and to authorize the mayor to include in any such contracts or to enter into amend ments to any such existing or future contracts in order to include terms and conditions which provide for renewals or extensions of the initial 50 year term of such contracts.",
and inserting in lieu thereof the following:
"and to authorize the mayor to include in any such contracts for use of property which is located in a downtown development area and is in or contiguous to an urban redevelop ment area established pursuant to Chapter 61 of this title or to enter into amendments to any such existing or future contracts for use of property which is located in such areas in order to include terms and conditions which provide for renewals or extensions of the term of such contracts for a period of time not to exceed an additional 50 years."

Senator Coverdell of the 40th moved that the Senate agree to the House amendment to SB 323.

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 Broun Burton Clay Collins Coverdell Deal Dean Edge English

Engram Fincher Foster Fuller Hammill Howard Huggins Johnson Land Langford Newbill Olmstead Parker Peevy

Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Brannon Coleman
Dawkins Echols

Garner Gillis Harris
Kennedy Kidd

McKenzie phim
^av Starr

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 323.

The following bill of the House was taken up for the purpose of considering the House substitute to the Senate substitute thereto:

HB 733. By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to the removal, resignation, settlement, and letters of dismis sion of a guardian, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust.

MONDAY, MARCH 13, 1989

2169

The House substitute to the Senate substitute to HB 733 was as follows:
A BILL
To be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust; to provide that in cases where an action is pending or the probate court of jurisdiction has issued an order for an accounting or removal of a guardian, the guardian shall not be discharged and the probate court of original jurisdiction shall not lose jurisdiction by virtue of the fact that the guard ian has changed his residence to another county or has initiated proceedings to remove the trust to another jurisdiction; to provide that the probate court of original jurisdiction shall also retain authority to appoint a successor guardian; to provide that if the value of the property of the child is $5,000.00 or less, no legally qualified guardian shall be required to receive such property and where the value is greater than $5,000.00 but less than $10,000.00, the judge of the probate court shall have the discretion to decide whether to require a le gally qualified guardian; to provide that if a settlement is for $5,000.00 or less, the natural guardian may execute a release without the approval of the court of record; to provide that the judge of the probate court may authorize any natural guardian to compromise any set tlement approved by the court of at least $5,001.00 but not greater than $10,000.00 without becoming the legally qualified guardian; to provide that if a legal action is initiated by a natural guardian as next friend and a settlement greater than $5,001.00 but less than $10,000.00 is proposed, the judge presiding over such action may authorize such natural guardian to compromise and terminate such claim and receive any sums thereof without becoming the legally qualified guardian; to provide that the natural guardian shall hold and use such money for the benefit of the child; to provide that the natural guardian shall be accountable for such money; to provide that in settlements in excess of $10,000.00, the natu ral guardian shall apply to become the legally qualified guardian and shall be required to file bond; to provide that debts shall be paid upon receipt of an affidavit stating that the per sonal property value does not exceed $5,000.00; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking Code Section 29-2-70, relating to removal of trust to county of guardian's residence, procedure, and liabilities of sureties, in its entirety and inserting in lieu thereof a new Code Section 29-2-70 to read as follows:
"29-2-70. (a) A guardian whose county of residence is or becomes a county other than the county of his appointment may remove the trust to the jurisdiction of the judge of the probate court of his own county.
(b) In order to remove his trust to the county of his residence, the guardian shall first give bond and good security to the judge of the probate court of such county as if the guardian had first been appointed by him; a certificate to this effect shall be filed with the judge of the probate court by whom the guardian was appointed. Thereupon, the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust to the judge of the probate court of the county of the guardian's residence. The guardian shall obtain properly authenticated certified copies of all the records concerning his guardianship and of the order transferring the same to the county of his residence from the judge by whom he was appointed. The certified copies shall be filed with and recorded by the judge of the guardian's county of residence, who shall then have the same jurisdiction over the guardian as if the guardian had been first appointed by him.
(c) Following removal of the trust to the county of the guardian's residence, every case growing out of or affecting the trust shall be heard and tried only in that county to which the trust has been removed.
(d) The sureties upon the guardian's first bond shall be liable only for misconduct of

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the guardian up until the giving of new bond and security. The sureties upon the new bond shall be liable for both past and future misconduct of the guardian.
(e) In any case where an action is pending or the probate court has issued an order for an accounting or removal of a guardian, the guardian shall not be discharged and the pro bate court of original jurisdiction shall not lose jurisdiction by virtue of the fact that the guardian has changed his residence to another county or has initiated proceedings to remove the trust to another jurisdiction. The probate court of original jurisdiction shall also retain authority to appoint a successor guardian."
Section 2. Said title is further amended by striking Code Section 29-4-2, relating to natural guardians of minor children, in its entirety and inserting in lieu thereof a new Code Section 29-4-2 to read as follows:
"29-4-2. (a) Unless otherwise provided in this Code section, if both parents are alive, either parent is the natural guardian of a minor child. If a parent is dead or if the parents are legally separated or divorced, the parent having custody of the child is the natural guardian.
(b) The natural guardian may not demand or receive the property of the child until such natural guardian becomes the legally qualified guardian of the property of such child by the judge of the probate court; provided, however, that, where the value of the property of the child is $5,000.00 or less, no legally qualified guardian will be required, and where the value of the property is greater than $5,000.00 but less than $10,000.00, whether or not a legally qualified guardian of the property will be required shall be in the discretion of the judge of the probate court.
(c) If the natural guardian fails or refuses to qualify as guardian of the property when required pursuant to subsection (b) of this Code section, the judge of the probate court may appoint another guardian to receive the property without publishing a citation as is pub lished in guardianship matters under other Code sections.
(d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal injury sustained by such child, the following provisions shall apply:
(1) In the event the amount of the settlement for the minor child's personal injuries is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the tort-feasor a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being approved by a court of record;
(2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim where the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00 without becoming the legally qualified guardian; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same;
(3) If legal action has been initiated against the tort-feasor for recovery of damages through a natural guardian as next friend, a settlement is proposed, and the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00, the judge before whom such action is pending may, in his discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the bene fit of the child and shall be accountable for same. In cases in which the settlement exceeds $10,000.00 or where the trial judge otherwise requires a legally qualified guardian, the natu ral guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment; and

MONDAY, MARCH 13, 1989

2171

(4) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child."
Section 3. Said title is further amended by striking Code Section 29-4-17, relating to when a debt may be paid, property delivered, or stocks and bonds issued or transferred to parent of a minor child without an appointment of a guardian, in its entirety and inserting in lieu thereof a new Code Section 29-4-17 to read as follows:
"29-4-17. (a) Upon receiving an affidavit (1) that the personal property of a minor does not exceed $5,000.00 in value, (2) that no guardian has been appointed for his estate, and (3) that the affiant is the parent having custody, any person or corporation indebted to or hold ing personal property of the minor shall be authorized to pay the amount of indebtedness or to deliver the personal property to the affiant. In the same manner and upon like proof, any person or corporation having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon such payment, delivery, transfer, or issuance pursuant to the affidavit, the person or corporation shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally quali fied guardian of the minor and shall not be required to see to the application or disposition of the property.
(b) The parent making the affidavit and receiving the personal property shall be au thorized to expend or otherwise dispose of the same for the benefit of the minor, as in his judgment may be just and proper, and shall not be required to report or account to the minor concerning the application, use, or disposition of the property."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Fuller of the 52nd moved that the Senate agree to the House substitute to the Senate substitute to HB 733.
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 Broun Burton Clay Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused conferee) Brannon
Coleman Fincher

Harris Kennedy
Kidd Phillips

Ray Scott of 2nd Starr

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to the Senate substitute to HB 733.

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The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A resolution creating the Commission to Establish the City of Macon as the Per manent Site of the Georgia Music Hall of Fame.

The House amendment was as follows:

Amend SR 176 by striking the figure "20" on line 18, page 3 and placing in lieu thereof the figure "5".

Senator Dean of the 31st moved that the Senate disagree to the House amendment to SR 176.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SR 176.

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

SB 240. By Senators Ray of the 19th, Kennedy of the 4th, Timmons of the llth and others:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.

Senator Timmons of the llth moved that the Senate adhere to its disagreement to the House amendment to SB 240, and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 240.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Timmons of the llth, Kennedy of the 4th and Ray of the 19th.

The President announced that the Senate would stand in recess from 6:20 o'clock P.M. until 8:20 o'clock P.M.

At 8:20 o'clock P.M., the President called the Senate to order.

MONDAY, MARCH 13, 1989

2173

The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
March 13, 1989
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1989 Regular Session as of 3:00 p.m. on March 13, 1989. The list is numbered 941 through 947.
Most sincerely,
/s/ Max Cleland Secretary of State
Attachment
Received by:
/s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 941 through 947, who have registered in the Docket of Legislative Appearance as of March 13, 1989, 3:00 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of March, in the year of our Lord One Thousand Nine Hundred and Eighty-Nine and of the Independence of the United States of America the Two Hundred and Thirteenth.

(SEAL)

/s/ Max Cleland Secretary of State

941. Booker T. Downie

943. VOID

r41thhra?ger St^n (912) 732-2808

944. Johnnie M. Keith At!a?te Center for IndePendent

Brotherhood Maintenance of Way Employees

*jTM^ Ga go316 (404) 656-2952

942. Joan E. Hickman 105 North Main Street Ellijay, Ga 30540 (404) 635-7447 Citizen Dignity Inc.

Friends

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945. Jack S. Schroder, Jr. Suite 1200 100 Galleria Parkway Atlanta, Ga 30339 (404) 881-7685 Georgia Hospital Association Kaiser Health Plan of Georgia
Putnam General Hospital

946. Charles Martin 470 Hill Street Buford, Ga 30518 (404) 945-5179 Walter Britt, Attorney Ami.
947 ' a?"y A',Toth
i?olm^L "ma<;y Post Office Box 972 LaGrange, Ga 30241 (404) 884-7301 Georgia Pharmaceutical Association

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

Mr. President:

The House insists on its position in disagreeing to the Senate 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 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Jus tices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.

The Speaker has appointed on the part of the House, Representatives Groover of the 99th, Walker of the 115th and Lee of the 72nd.

The House has disagreed to the Senate amendment to the House substitute to the fol lowing bill of the Senate:

SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.

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2175

The Speaker has appointed on the part of the House, Representatives Baker of the 51st, Robinson of the 96th and Alien of the 127th.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 503. By Representatives Cummings of the 134th, White of the 132nd, Chambless of the 133rd and Balkcom of the 140th: A resolution creating the Albany-Dougherty County Commisison on Disadvantaged Youth.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 239. By Senator Barnes of the 33rd: A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.
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 has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 265. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment.
The Speaker has appointed on the part of the House, Representative Ricketson of the 82nd to replace Representative Ware of the 77th to the Conference Committee on the fol lowing bill of the Senate:
SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd and Coleman of the 1st: A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contri butions to or on behalf of the person holding office as Commissioner of Insurance.
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 has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 233.

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SB 75.
Respectfully submitted, M Waymond C. Huggins, Chairman
Senator, District 53
Senator Dean of the 31st moved that the Senate stand in recess until 12:00 o'clock Midnight at which time the Senate would stand adjourned, pursuant to SR 265 adopted previously, until 9:00 o'clock A.M. on Wednesday, March 15, 1989.
On the motion, the yeas were 33, nays 1; the motion prevailed.
At 8:23 o'clock P.M., the President announced that the Senate would stand in recess until 12:00 o'clock Midnight at which time the Senate would stand adjourned, pursuant to SR 265 adopted previously, until 9:00 o'clock A.M. on Wednesday, March 15, 1989.

WEDNESDAY, MARCH 15, 1989

2177

Senate Chamber, Atlanta, Georgia Wednesday, March 15, 1989 Fortieth 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 Huggins of the 53rd reported that the Journal of Monday, March 13, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 393. By Senator Gillis of the 20th: A bill to repeal an Act creating and incorporating the City of Charles, in the County of Toombs, so as to abolish the City of Charles.
SB 394. By Senators Peevy of the 48th and Phillips of the 9th: A bill to provide a county historian for Gwinnett County; to provide that the chief judge of the Superior Court of Gwinnett County shall appoint the county historian; to provide that the county governing authority shall provide for the compensation of such historian; to provide that the county governing authority shall provide adequate funding and office space and personnel as are reasonably necessary for the county historian to carry out his duties.
SB 309. By Senator Peevy of the 48th: A bill to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on Lake Sidney Lanier, so as to provide for certain exemptions with respect to vessels constructed on or before January 1, 1978.
SB 5. By Senator Kidd of the 25th: A bill to amend Code Section 21-2-524 of the Official Code of Georgia Annotated, relating to filing and allegations of petition to contest a primary or election, so as to change the provisions relating to the time for filing a petition.
SB 343. By Senator Kidd of the 25th: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change certain provisions relating to examinations; to change the provisions relating to when an apprentice dispenser's permit shall be issued.
SB 324. By Senator Allgood of the 22nd: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, and Title 47 of the Official Code of Georgia Anno tated, relating to retirement and pensions, so as to change provisions relative to

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senior judges serving as judges of the superior courts; to change provisions relat ing to the compensation of senior judges so serving.
SB 345. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to selection and eligibility of members of county boards of education, so as to provide conditions of eligibility to serve as a member of any local board of education.
SB 320. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide for definitions; to provide for a program to ensure appropriate physician direction over the rendering of emergency medical services by certain emergency medical services personnel; to provide for duties and responsibilities of the ambulance service medical director.
SB 313. By Senator Barnes of the 33rd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of legislative findings; to provide for defi nitions; to provide for a program of voluntary vaccinations for firemen and emer gency medical technicians; to provide for the costs of such vaccinations; to pro vide an effective date.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 152. By Senators Foster of the 50th, Tysinger of the 41st, Deal of the 49th and others:
A resolution creating a Joint Study Committee on the Equalized Adjusted School Property Tax Digest.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 30. By Representative Alien of the 127th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, so as to change the provisions relating to penalties.
HB 129. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, so as to provide for reduced fees for the use of occupancy of such facilities by disabled veterans.
HB 193. By Representatives Porter of the 119th, Jamieson of the llth and Coleman of the 118th:
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 regulate and license certain distress merchandise sales, going out of business sales, fire sales, and other simi lar sales.

WEDNESDAY, MARCH 15, 1989

2179

HB 616. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, so as to change the provisions relative to the tolling of sentences.
HB 341. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for written contracts in health spa transactions; to require certain contractual provisions; to provide for rights of cancellation under certain circumstances.
HB 403. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise substantially certain provisions relating to restrictions on campaign activities and public opinion polling within the vicinity of polling places or municipal polling places; to change the provisions specifying where such conduct shall be prohibited.
HB 428. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, so as to provide for staggered terms of office of the members of the board.
HB 69. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
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 listings of controlled sub stances and dangerous drugs and provide for exceptions and exemptions.
HB 486. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, so as to provide for an adjustment in calculating taxable net income for individuals who have Subchapter "S" corporation income in federal adjusted gross income for federal pur poses but do not qualify for Subchapter "S" corporation status for state purposes.
HB 114. By Representatives Dixon of the 151st, Crosby of the 150th, Smith of the 152nd and Clark of the 13th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," so as to change the provi sions relating to the licensing and inspection of private and public child welfare agencies and facilities; to provide that day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall be authorized to register annually.

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HB 466. By Representatives Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a de fendant on the defendant's personal recognizance pending the defendant's sur rendering voluntarily on a fixed date at a designated correctional institution op erated by or under the jurisdiction and supervision of the Department of Corrections.
HB 773. By Representative Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, so as to change certain definitions; to provide for the inclusion of certain campsite time-share programs and establish requirements and procedures relating thereto.
The House has agreed to the Senate amendments to the following bills of the House:
HB 272. By Representatives Patten of the 149th, Porter of the 119th and Floyd of the 154th:
A bill to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands protection, so as to permit the leasing of state owned marshland and water bottoms to eligible persons as de fined, for purposes of construction, operation, and maintenance of marinas pro viding slips for more than three boats.
HB 1048. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the office of commissioner of Lumpkin County, so as to change the provisions relating to the compensation of the commissioner.
HB 415. By Representatives Crosby of the 150th, Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Coleman of the 118th and others;
A bill to amend Code Section 20-2-292 of the Official Code of Georgia Annotated, relating to sparsity grants under the "Quality Basic Education Act," so as to provide for a continuation of "isolated schools" grants for certain school systems; to provide for matters relative thereto.
HB 364. By Representatives Byrd of the 153rd, Green of the 106th and Watson of the 114th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to authorize the performance of hearing tests by a technician as part of a workplace hearing con servation program.
HB 503. By Representative Childers of the 15th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide for continuing education requirements; to change the provisions relating to reciprocity; to provide for notification regarding complaints and disposition thereof.

WEDNESDAY, MARCH 15, 1989

2181

The House has agreed to the Senate amendment to the House amendment to the fol lowing bill of the Senate:
SB 255. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court.
The House has agreed to the Senate substitute to the House substitute to the following bill of the Senate:
SB 340. By Senators Barnes of the 33rd, Newbill of the 56th, Clay of the 37th and others:
A bill to provide for the Marietta-Cobb 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 proper to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
HB 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limitedaccess roads which are constructed in whole or as a part of a tollway project.
HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional person nel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.
HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.
SB 297. By Senator Allgood of the 22nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the

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JOURNAL OF THE SENATE

provision of staff services to individual members of the General Assembly by cer tain offices.

The House has adopted the report of the 2nd Committee of Conference on the follow ing bill of the Senate:

SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.

The following report of a standing committee was read by the Secretary:

Mr. President:

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

HR 396. Do pass.

HB 1076. Do pass.

HR 406. Do pass as amended.

HB 1080. Do pass.

HB 1025. Do pass.

HB 1081. Do pass.

HB 1033. Do pass by substitute.

HB 1082. Do pass.

HB 1045. Do pass as amended.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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

Albert Allgood Baldwin Barker Barnes BCDBlruaaryntonnon
Collins Dawkins Deal Echols Edge

English Fincher Foster Garner Gillis HTHHTuaamgrrgimsinisll
Johnson Kennedy Kidd Land McKenzie

Newbill Parker Perry Phillips Pollard rRn>aaggaann oofefc 3-1oir20nlntnhd,,
Kay Scott of 2nd Starr Taylor Turner

Those not answering were Senators:

Bowen Broun Coleman Coverdell Dean Engram

Fuller Howard Langford Olmstead Peevy Scott of 36th

Shumake Stumbaugh Tate Timmons Tysinger Walker

WEDNESDAY, MARCH 15, 1989

2183

Honorable J. Nathan Deal of Gainesville, Georgia, Senator from the 49th District, served as chaplain of the day, and offered scripture reading and prayer.
The following resolutions of the House were read and adopted:
HR 487. By Representatives Wilder of the 21st, Isakson of the 21st, Howren of the 20th and others: A resolution creating the Marietta-Cobb County Consolidation Study Commission.
HR 503. By Representatives Cummings of the 134th, White of the 132nd, Chambless of the 133rd and Balkcom of the 140th: A resolution creating the Albany-Dougherty County Commission on Disadvantaged Youth.
The following resolution of the Senate, having been withdrawn from the Senate Com mittee on Children and Youth on March 8 and committed to the Senate Committee on Rules, and favorably reported by the committee, was read the third time and put upon its adoption:
SR 220. By Senators Barker of the 18th and Kidd of the 25th: A resolution creating the Senate Youth Conservation and Service Corps Study Committee.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution was adopted.
The following resolution of the Senate, having been withdrawn from the Senate Com mittee on Children and Youth on March 8 and committed to the Senate Committee on Rules, and favorably reported by the committee, was read the third time and put upon its adoption:
SR 225. By Senators Olmstead of the 26th and Kidd of the 25th: A resolution creating the Senate Joint Custody Study Committee.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution was adopted.
The following resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption:
SR 243. By Senators Ray of the 19th, Kidd of the 25th and Gillis of the 20th: A resolution urging the Board of Regents of the University System of Georgia to convert Middle Georgia College into a four-year college.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution was adopted.

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JOURNAL OF THE SENATE

SR 244. By Senator Dawkins of the 45th: A resolution creating the Senate Study Committee on Cost Display on State Publications.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution was adopted.
SR 245. By Senators Langford of the 35th, Kidd of the 25th, Walker of the 43rd and others: A resolution creating the Senate Wrecker Service Study Committee.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution was adopted.
SR 246. By Senators Tate of the 38th, Foster of the 50th and Ray of the 19th: A resolution creating the Senate Study Committee on Minority Education in the Public Schools.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution was adopted.
SR 247. By Senators Walker of the 43rd, Olmstead of the 26th, Coleman of the 1st and others: A resolution urging the State Board of Education to facilitate an accurate census of population in 1990.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution was adopted.
The following resolutions of the Senate were read and adopted:
SR 260. By Senators Burton of the 5th and Barnes of the 33rd: A resolution commending Mrs. Harriet K. Van Norte.
SR 261. By Senators Taylor of the 12th, Bowen of the 13th and Ragan of the 10th: A resolution commending Miller Brewing Company.
SR 262. By Senator Dean of the 31st: A resolution recognizing Jackson Wiley Hicks on the occasion of his 100th birthday.

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SR 263. By Senator Ray of the 19th: A resolution expressing regret at the passing of Mr. Van Davis.
SR 264. By Senators Walker of the 43rd and Langford of the 35th: A resolution commending and recognizing the Atlanta Business League.
SR 266. By Senators English of the 21st and Barker of the 18th: A resolution commending Lynn W. Williams.
SR 267. By Senator Deal of the 49th: A resolution creating the Senate Study Committee on the Professional Liability of Obstetricians.
SR 268. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and Barnes of the 33rd: A resolution urging the Board of Commissioners of Cobb County to investigate alternative methods of solid waste management.
SR 269. By Senator Barker of the 18th: A resolution commending STAR Student, Miss Bonnie Parker, and STAR Teacher, Mrs. Helen McClellan.
SR 270. By Senator Barker of the 18th: A resolution commending STAR Student, Mr. Kevin Beckham, and STAR Teacher, Mrs. Jackie Marshall.
SR 271. By Senator Barker of the 18th: A resolution commending STAR Student, Mr. Chris Cosby, and STAR Teacher, Mr. James Kinchen.
SR 272. By Senator Ray of the 19th: A resolution commending the Hawkinsville High School Lady Devils basketball team.
The following local, uncontested bills and resolutions of the House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, March 15, 1989
FORTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HR 396 Newbill, 56th Barnes, 33rd Clay, 37th Ragan, 32nd Cobb County Creating the Joint Method of Appointment of Members of the Hospital Au thority of Cobb County Study Committee.

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*HR 406 Allgood, 22nd Albert, 23rd City of Augusta, Richmond County
Creating the Augusta-Richmond County Commission on Disadvantaged Youth. (AMENDMENT)

HB 1025 Perry, 7th City of Waycross, Ware County
To revise and restate the charter of the City of Waycross.

*HB 1033

Stumbaugh, 55th Howard, 42nd Burton, 5th Tysinger, 41st Walker, 43rd DeKalb County
To provide for certain limitations on the millage rate levied in certain munic ipalities in DeKalb County. (SUBSTITUTE)

*HB 1045

Walker, 43rd Tysinger, 41st Burton, 5th Stumbaugh, 55th DeKalb County
To provide that the annual salary of the Chief Executive Officer shall be the same as the state salary of the superior court judges of Dekalb County plus any county supplements. (AMENDMENT)

HB 1076 Starr, 44th Collins, 17th Clayton County
To establish the "Clayton County Commission on Children and Youth" con gruent and compatible with Chapter 5 of Title 49 of the Official Code of Georgia Annotated, which establishes and implements a state-wide Commis sion on Children and Youth.

HB 1080 Deal, 49th Newbill, 56th Brannon, 51st Clay, 37th Blue Ridge Judicial Circuit
To increase the amount of compensation paid to the judges of the Superior Court of the Blue Ridge Judicial Circuit by the counties comprising the Cir cuit.

HB 1081 Phillips, 9th Peevy, 48th Gwinnett County, City of Snellville
To change the corporate limits of the City of Snellville.

HB 1082 McKenzie, 14th Taylor County
To create the office of county manager; to provide for the appointment of a county manager of Taylor County.

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The amendments to the following resolution and bill were put upon their adoption:
*HR 406:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HR 406 by striking line 6 of page 2 and inserting in its place the following: "members of the Richmond County House delegation to be confirmed by both Senators from Richmond County." On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
*HB 1045:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1045 by striking "22" on line 2 of page 2 and inserting in lieu thereof the following:

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
The substitute to the following bill was put upon its adoption:
*HB 1033:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1033:
A BILL
To be entitled an Act to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain govern mental services, known as the "DeKalb County Special Services Tax Districts Act," ap proved April 12, 1982 (Ga. L.1982, p. 4396), so as to provide for certain limitations on the millage rate levied in certain municipalities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), is amended by adding a new section immediately following Section 6, to be designated Section 6A, to read as follows:
"Section 6A. Notwithstanding any other provision of this Act to the contrary, no provi sion of this Act shall in any manner authorize or require the levy of a millage rate in any municipality lying wholly or partially within DeKalb County in excess of the millage rate levied in the unincorporated area of DeKalb County. This section shall stand repealed in its entirety on March 1, 1990."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
BU.wrteonn CCoollleimnsan
Coverdell Deal Dean Echols Edge English

Fincher Foster Fuller Garner
GHialrlirsis ,,Howard,
Hu^ins Johnson Kennedy Kidd Land Langford

McKenzie Newbill Parker Perry
PPhoillllairpds nRagan of.. 3,,,,2nd,
Rav Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Barker Brannon
Q Un Dawkins Engram

Hammill Olmstead
Peevy Ragan of 10th Scott of 2nd

Scott of 36th Shumake
Starr (excused conferee) Timmons Walker

On the passage of all the local bills and resolutions, the yeas were 40, nays 0.

All the bills and resolutions on the Senate Local Consent Calendar, except HR 406, HB 1033 and HB 1045, having received the requisite constitutional majority, were passed.

HR 406 and HB 1045, having received the requisite constitutional majority, were passed as amended.

HB 1033, 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 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House substitute to SB 137, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 137.

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2189

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Walker of the 43rd, Kidd of the 25th and Barker of the 18th.

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

SB 183. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to au thorize the use of electronic or automated methods or systems of record keeping.

The Conference Committee report on SB 183 was as follows:

The Committee of Conference on SB 183 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 183 be adopted.
Respectfully submitted,

FOR THE SENATE:
M J. Nathan Deal Senator, 49th District
/s/ Donn M. Peevy Senator, 48th District
/s/ G. B. Pollard, Jr. Senator, 24th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Mary M. Oliver Representative, 53rd District
/s/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Roy L. Alien Representative, 127th District

Conference Committee substitute to SB 183:

A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to authorize the use of electronic or automated methods or systems of record keeping; to change the provisions relating to fees of the clerks of the superior courts; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, is amended by striking Code Section 15-6-61, which reads as follows:
"15-6-61. It is the duty of a clerk of the superior court:
(1) To keep his office and all things belonging thereto at the county site and at the courthouse or at the place designated pursuant to Code Section 15-6-86;
(2) To attend all sessions of the court and keep fair and regular minutes of its proceed ings from day to day, including a transcript of the judge's entries on his dockets when not more fully shown in a book kept for that purpose;
(3) To issue and sign every summons, subpoena, writ, execution, process, order, or other

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paper under the authority of the court and attach seals thereto when necessary. It shall likewise be the duty of the clerk to issue and sign under authority of the court any order to show cause in any pending litigation on behalf of any party thereto and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted;
(4) To keep in his office, or in court while court is in session, the following dockets and books:
(A) An issue docket, on which shall be placed all civil cases pending in his court in which an issue to be tried by a jury is made or is likely to be made;
(B) A motion docket, on which shall be placed only those motions which are to be decided by the judge without the intervention of a jury;
(C) Two subpoena dockets, one for civil cases and the other for criminal cases, which dockets shall show the name of the person, unless the subpoena was issued with such name in blank, for whom the subpoena was issued, its date, at whose instance it was issued, and to whom it was delivered;
(D) An execution docket, which shall show the names of the parties and their attorneys, the date, the time the execution is returnable, to whom and when it was delivered, when it was returned, and memoranda of all entries on the original. However, this execution docket shall not be kept in any county having a population of 300,000 or more according to the United States decennial census of 1940 or any future such census;
(E) A general execution docket, on which shall be entered all executions, and a reverse index to such docket, on which shall be entered all executions entered on such docket;
(F) A trial docket of criminal cases, showing the names of the parties, their attorneys, and the character of each case in the order in which the cases were returned to court;
(G) A docket of criminal cases to be known as the 'dead docket,' to which cases shall be transferred at the discretion of the presiding judge and which shall only be called at his pleasure. When a case is thus transferred, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed;
(H) Duplicates of the issue and motion dockets, for the use of the bar;
(I) Well-bound books for separately recording all deeds, mortgages, and other liens and bills of sale, provided that instruments evidencing the title to personal property which have been recorded for more than ten years may be recorded and any other records, excepting only instruments evidencing the title to real property, may be kept or recorded by microfilm or other photographic process of a permanent nature, so long as the proper indexes and adequate equipment are maintained and the necessary personnel are provided for viewing such records;
(J) An attachment docket, in connection with the general execution docket, or in a separate book, showing the names of the plaintiff and defendant in attachment, the court to which the attachment is returnable, the amount claimed, the day and hour of the levy, and a brief general description of the land or other property levied on;
(K) A filing docket, which shall show the day and hour of the filing of deeds, mortgages, and liens of all kinds which are required to be recorded for any purpose, which docket shall be open for examination and inspection as are other records of the office; and
(L) A lis pendens docket, in which shall be recorded all notices of lis pendens on real property filed with the clerk, such lis pendens docket to have proper direct and inverse indexes, and such indexes to be arranged alphabetically;
(5) To have stamped and labeled properly, and numbered or lettered if required, all the books which he is required to keep and to keep for each, except the dockets called by the court, a proper index and to supply any of the books or indexes needed and to transcribe the contents of any books of record which may be in a dilapidated condition;
(6) To keep all the books, papers, dockets, and records belonging to his office with care

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and security and to keep the papers filed, arranged, numbered, and labeled, so as to be of easy reference;
(7) To keep at his office all publications of the laws of the United States furnished by the Governor and all publications of the laws and journals of this state, all statute laws and digests, this Code, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to him, for the public's convenience;
(8) To procure, within 30 days after his qualification, a substantial seal of office with the name of the court and the county inscribed thereon, if this has not already been done;
(9) To make out and deliver to any applicant, upon payment of legal fees, a correct transcript, properly certified, of any minute, record, or file of his office;
(10) To make out a transcript of the record of each case to be considered by the Su preme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original transcript of the record transmitted to the Supreme Court and the Court of Appeals, as the laws require;
(11) To make a notation on all conveyances or liens of the day they were left to be recorded and of the day they were recorded, to be signed officially, which notation shall be evidence of the facts stated. In counties having a population of more than 150,000 persons according to the United States decennial census of 1950 or any future such census, the nota tion may be made by the clerk or his deputy by written signature or by facsimile signature of the clerk;
(12) To attest deeds and other written instruments for registration;
(13) To administer all oaths required by the court and to record all oaths required by law; and
(14) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court.",
and inserting in lieu thereof a new Code Section 15-6-61 to read as follows:
"15-6-61. (a) It is the duty of a clerk of superior court:
(1) To keep the clerk's office and all things belonging thereto at the county site and at the courthouse or at such other place or places as authorized by law;
(2) To attend to the needs of the court in the performance of the duties of the clerk;
(3) To issue and sign every summons, writ, execution, process, order, or other paper under authority of the court and attach seals thereto when necessary. The clerk shall be authorized to issue and sign under authority of the court any order to show cause in any pending litigation and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted;
(4) To keep in the clerk's office the following dockets or books:
(A) A civil docket which shall contain separate case number entries for all civil actions filed in the office of the clerk, including complaints, proceedings, URESA actions, domestic relations, contempt actions, motions and modifications on closed civil actions, and all other actions civil in nature except adoptions;
(B) A criminal docket which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of the clerk of superior court. The criminal docket shall contain entries of other matters of a criminal na ture filed with the clerk, including quasi-civil proceedings and entries of cases which are ordered dead docketed at the discretion of the presiding judge and which shall be called only at the judge's pleasure. When a case is thus dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed;
(C) A general execution docket on which may be entered all executions, such docket to be indexed in the name of the judgment debtor;

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(D) A lis pendens docket, in which shall be recorded all notices of lis pendens on real property filed with the clerk, such docket to have direct and reverse indexes;
(E) A docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, or other documents concerning or evidencing title to real property, where not otherwise specifically provided for; and
(F) An attachment docket, showing the names of the plaintiff and defendant in attach ment, the court to which the attachment is returnable, the amount claimed, and a brief description of the land or other property to be levied on;
(5) To keep all the books, papers, dockets, and records belonging to the office with care and security and to keep the papers filed, arranged, numbered and labeled, so as to be of easy reference;
(6) To keep at the clerk's office all publications of the laws of the United States fur nished by the state and all publications of the laws and journals of this state, all statute laws and digests, this Code, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to him, for the public's convenience; pro vided, however, the clerk may consent that these publications be maintained in the public law library;
(7) To procure a substantial seal of office with the name of the court and the county inscribed thereon, if this has not already been done;
(8) To make out and deliver to any applicant, upon payment to the clerk of legal fees, a correct transcript, properly certified, of any minute, record, or file of the clerk's office except for such records or documents which are, by provision of law, not to be released;
(9) Upon payment of legal fees to the clerk, to make out a transcript of the record of each case to be considered by the Supreme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original tran script of the record to be transmitted to the Supreme Court and the Court of Appeals;
(10) To make a notation on all conveyances or liens of the day they were left to be recorded, which shall be evidence of the facts stated. Such notation may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signature, or mechan ical printing;
(11) To attest deeds and other written instruments for registration;
(12) To administer all oaths required by the court and to record all oaths required by law; and
(13) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court.
(b) Nothing in this Code section shall restrict or otherwise prohibit a clerk from elect ing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized record keeping method or sys tem shall provide for the systematic and safe preservation and retrieval of all books, dock ets, records, or indices. When the clerk of superior court elects to store for computer re trieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained."
Section 2. Said article is further amended by striking Code Section 15-6-65, which reads as follows:
"15-6-65. All civil cases pending in the superior court shall be entered by the clerk thereof on one of the two dockets listed in subparagraph (A) or (B) of paragraph (4) of Code Section 15-6-61 and in all cases shall be entered and stand for trial in the order in which they came into court, without reference to the nature of the case. Such entry shall include

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the names of the parties and their attorneys, the nature of the action, and the character of service. No other entry or memoranda shall be made on such dockets except by the presid ing judge or his order.",
and inserting in lieu thereof a new Code Section 15-6-65 to read as follows:
"15-6-65. All civil cases pending in the superior court shall be entered by the clerk thereof on the civil docket as provided in Code Section 15-6-61 and shall stand for trial in the order in which they came into court except as otherwise provided by law."
Section 3. Said article is further amended by striking Code Section 15-6-66, which reads as follows:
"15-6-66. (a) The clerk of the superior court shall provide at the expense of each county a duplex index book in which shall be indexed the names of the grantor and grantee of every instrument recorded in his office, the character of the instrument, the date of the instru ment, the book where recorded, and the date of the record.
(b) The clerk may provide a suitable cross-reference card-index system for indexing the records enumerated in subsection (a) of this Code section in lieu of a duplicate index book. The card index must be kept in locked glass door cabinets or in cabinets with sliding trays with locked covers so that the cards cannot be removed or replaced except by the clerk of the court or any of his authorized employees. When the indexing cycle is complete, which shall be at least annually, the card index shall be photocopied and bound in a permanent record.
(c) The name of the grantor as listed in the index book or card-index system shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by the owner or by some other person, firm, or corpo ration on behalf of such owner, and whether or not such owner is deceased. An appropriate notation shall be made as to the capacity of the person, firm, or corporation executing the instrument on behalf of the owner.
(d) This Code section shall not apply to transactions covered by Article 9 of Title 11.",
and inserting in lieu thereof a new Code Section 15-6-66 to read as follows:
"15-6-66. (a) The clerk of the superior court shall provide at the expense of each county a suitable duplex index book, or a series of books, or a card index, or a microfilm record, or an electronic data base, or any combination of one or more of such systems, in which shall be indexed the name of the grantor and grantee of every instrument recorded pursuant to subparagraph (a)(4)(E) of Code Section 15-6-61, such index to include the character of the instrument, the book or location of the record, and the date of filing and to include the time of filing if not otherwise reflected in the record.
(b) The name of the grantor as listed in the index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was exe cuted by the owner or by some other person, firm, or corporation on behalf of such owner, and whether or not such owner is deceased.
(c) This Code section shall not apply transactions covered by Article 9 of Title 11."
Section 4. Said article is further amended by striking subsection (b) of Code Section 156-68, which reads as follows:
"(b) The clerk of the superior court of each county shall also provide himself with an appropriate index book in which he must index all such maps or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The clerk of the superior court shall also provide an appropriate index book, or a series of index books, or a card index, or a microfilm record, or an electronic data base, or

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any combination of one or more of such systems, in which shall be indexed all such maps or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts."
Section 5. Said article is further amended by striking subparagraph (b)(l)(A) of Code Section 15-6-77, relating to fees of the clerks of the superior courts, and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) As used in this paragraph, the term 'domestic civil cases' means divorce cases, alimony cases, child support cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases."
Section 6. Said article is further amended by striking subsection (a) of Code Section 156-87, which reads as follows:
"(a) The clerk of the superior court of any county of this state may install and use photostatic equipment or other photographic equipment, including microfilm photographic equipment, in recording, copying, and furnishing copies of any and all instruments, records, and proceedings or parts of the same of record or on file in his office, with the consent and permission only of the county governing authority. The equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The clerk of the superior court of any county of this state may install and use photostatic or other photographic equipment, including microfilm photographic equipment, and electronic or computer equipment for use in the filing, docketing, recording, copying, binding, indexing, certification, and furnishing of copies, including certified copies, of any and all instruments, records, and proceedings or parts of the same of record or on file in the clerk's office, with the consent and permission only of the county governing authority. The equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds."
Section 7. This Act shall become effective on July 1, 1989.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Pollard of the 24th moved that the Senate adopt the Conference Committee report on SB 183.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Coleman Collins Coverdell Deal Dean Echols

Edge English Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land

Langford McKenzie Newbill Parker Peevy Phillips Pollard Ragan of 32nd Ray Stumbaugh Tate Timmons Turner Tysinger

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Those not voting were Senators:

Brannon
lay Dawkms Engram Fuller

Olmstead
Perry Ragan of 10th Scott of 2nd Scott of 36th

Shumake Starr (excused conferee)
Taylor Walker

On the motion the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 183.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 294. By Senator Howard of the 42nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the pro visions relating to requirements for licensure in professional counseling and so cial work.

The House substitute to SB 294 was as follows:

A BILL
To be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Ther apists Licensing Law," so as to provide for persons who may serve as supervisors; to change certain examination requirements; to change the provisions regarding licensure in marriage and family therapy; to change certain provisions regarding the termination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; 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 IDA of Title 43 of the Official Code of Georgia Annotated, the "Pro fessional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," is amended by adding at the end of Code Section 43-10A-7, relating to requirements for licensing under that law, a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of law to the contrary, a person who is ex empt from licensure pursuant to paragraph (7) of subsection (b) of this Code section may be authorized by the board to serve as a supervisor as defined in paragraph (17) of Code Sec tion 43-10A-3 without being licensed if such person meets all the requirements to be li censed and to serve as a supervisor in the specialty for which such person would serve as a supervisor and has filed the necessary documentation with and been approved by the stan dards committee of that specialty as required by the rules of the board."
Section 2. Said chapter is further amended by striking paragraph (2) of Code Section 43-10A-8, relating to eligibility for licensure, and inserting in its place a new paragraph to read as follows:
"(2) Having successfully passed the examination established for that specialty under Code Section 43-10A-9, except that persons meeting the requirements of paragraph (3) of Code Section 43-10A-13 shall not be required to pass such examination;"
Section 3. Said chapter is further amended by adding at the end of Code Section 43-

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10A-13, relating to requirements for licensure in marriage and family therapy, a new para graph to read as follows:
"(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; and who have applied for licensure prior to July 1, 1989."
Section 4. Said chapter is further amended by striking Code Section 43-10A-24, relating to termination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, and inserting in its place a new Code section to read as follows:
"43-10A-24. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Geor gia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd moved that the Senate agree to the House substitute to SB 294.

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Brannon Broun Burton Clay Collins Coverdell Dawkins Deal Echols Edge

English Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie

Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Baldwin
BCowleemnan Dean Engram

Fuller
GOlamrnseter ad_, Ray Scott of 36th

Shumake Starr (excused conferee)
Tflylor Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 294.

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2197

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th: A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.
Senator Deal of the 49th moved that the Senate adhere to the Senate substitute to HB 380, 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 380.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Parker of the 15th and Peevy of the 48th.
Senator Huggins of the 53rd introduced the doctor of the day, Dr. James Beattie, of Fort Oglethorpe, Georgia.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 102. By Senator Peevy of the 48th: A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to provide for additional rights of poly graph examinees to change certain provisions relating to the preservation of records of polygraph examinations; to provide for applicability of said chapter; to provide an effective date.
The House substitute to SB 102 was as follows:
A BILL
To be entitled an Act to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to change certain provisions relating to qualifications for a license as a polygraph examiner; to change certain provisions relating to polygraph examiner interns; to provide for additional rights of polygraph examinees; to change certain provisions relating to the preservation of records of polygraph examinations; to provide for applicability of said chapter; 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 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, is amended by striking subsection (a) of Code Section 43-36-6, relat ing to qualifications of applicants for certain licenses, and inserting in its place a new sub section (a) to read as follows:
"(a) In order to qualify for a license as a polygraph examiner, a person must:
(1) Be at least 21 years of age;
(2) Be a citizen of the United States;

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(3) Be a person of good moral character;
(4) (A) Have a bachelor's degree from a full four-year regionally accredited university or college which shall include at least one course in physical science and one course in psychology;
(B) (i) Have completed two years of study, or its equivalent, at such a university or college which shall include at least one course in physical science and one course in psychol ogy; and
(ii) Have at least two years' experience as an investigator or detective with a municipal, county, state, or federal agency; or
(C) (i) Have a high school diploma or a general educational development (GED) equivalency diploma; and
(ii) Have at least five years' experience as an investigator or detective with a municipal, county, state, or federal agency.
Official transcripts must be submitted as proof for all college courses, technical courses, and other educational credits claimed by the applicant;
(5) Have satisfactorily completed a formal training course in the use of a polygraph. Such training shall be of at least six weeks' duration at a polygraph examiners' school ac ceptable to the board;
(6) Have completed a period of a minimum of six months as a polygraph examiner intern under the supervision of a qualified polygraph examiner in this state or a polygraph examiner who has had sufficient training and experience in a state, federal, or municipal agency such that the board, in its discretion, may recognize the applicant as being properly trained and experienced; and
(7) Have passed any examination approved by the board for the purpose of determining the qualifications and fitness of applicants for licenses."
Section 2. Said chapter is further amended by striking subsections (a) and (d) of Code Section 43-36-7, relating to polygraph examiner interns, and inserting in their places new subsections (a) and (d), respectively, to read as follows:
"(a) Prior to examination, a polygraph examiner intern must administer a minimum number of examinations as determined by the board in any given six-month internship pe riod. The board, in its discretion, may require a polygraph examiner intern to bring all polygraph charts and allied papers resulting from the examinations conducted by the poly graph examiner intern for review by the board."
"(d) (1) The polygraph examiner who supervises a polygraph examiner intern must be a polygraph examiner licensed by the board for a period of at least three years immediately prior to commencing such supervision.
(2) A polygraph examiner may not supervise more than two polygraph interns at any one time.
(3) The intern shall be personally supervised and controlled by the licensed polygraph examiner approved by the board and such examiner shall be on the premises where any testing is conducted and available to such intern for instruction or consultation."
Section 3. Said chapter is further amended by deleting the "; and" at the end of subparagraph (a)(3)(F) of Code Section 43-36-15, relating to rights of examinees, and inserting in its place a period and by adding a new subparagraph immediately following subparagraph (a)(3)(F), to be designated subparagraph (a)(3)(G), to read as follows:
"(G) An examiner may not conduct the examination if there is sufficient written evi dence by a physician that the examinee is suffering from a medical or psychological condi tion or undergoing treatment that might cause abnormal responses during the actual testing phase; and"

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Section 4. Said chapter is further amended by striking Code Section 43-36-16, relating to preservation of examination records, and inserting in its place a new Code Section 43-3616 to read as follows:
"43-36-16. A polygraph examiner shall preserve and keep on file for a minimum of three years after administering a polygraph examination all opinions, reports, charts, question lists, and all other records relating to the polygraph examination."
Section 5. Said chapter is further amended by adding a new Code section immediately following Code Section 43-36-16, to be designated Code Section 43-36-16.1, to read as follows:
"43-36-16.1. The provisions of this chapter shall apply to all polygraph examinations conducted in this state which are not otherwise regulated under the federal Employee Poly graph Protection Act of 1988 (P.L. 100-347, 29 U.S.C. 2001, et seq.)."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th moved that the Senate agree to the House substitute to SB 102.

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 Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Echols Edge English

Engram Fincher Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Parker

Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barker
Bowen Dean

Foster Fuller
Garner Olmstead

Phillips Scott of 36th Starr (excused conferee)

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 102.

Senator Allgood of the 22nd moved that the Senate stand in recess until 11:00 o'clock A.M., and the motion prevailed.

At 10:13 o'clock A.M., the President announced that the Senate would stand in recess until 11:00 o'clock A.M., pursuant to a previously adopted motion.

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The President called the Senate to order at 11:00 o'clock A.M.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in amending the following resolution of the Senate:
SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Per manent Site of the Georgia Music Hall of Fame.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 628. By Representatives Mangum of the 57th and Moore of the 139th: A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Board of Postsecondary Vocational Edu cation to the State Board of Technical and Adult Education.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 240. By Senators Ray of the 19th, Kennedy of the 4th and Timmons of the llth: A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.
The Speaker has appointed on the part of the House, Representatives Mangum of the 57th, Moore of the 139th and Poston of the 2nd.
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 178. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others: A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry.
The Speaker has appointed on the part of the House, Representatives Ware of the 77th, Dunn of the 73rd and Ricketson of the 82nd.

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2201

The following resolution of the Senate was taken up for the purpose of considering the House action thereon:
SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A resolution creating the Commission to Establish the City of Macon as the Per manent Site of the Georgia Music Hall of Fame.
Senator Dean of the 31st moved that the Senate adhere to its disagreement to the House amendment to SR 176, and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SR 176.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Dean of the 31st, Harris of the 27th and Barker of the 18th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 264. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Titus of the 143rd and Hudson of the 117th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, so as to provide that it shall be unlawful to feed alligators or bears except while holding a valid permit or license to possess the animal being fed.
Senator Echols of the 6th moved that the Senate insist upon the Senate amendment to HB 264.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 264.
The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:
SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd, Coleman of the 1st, Foster of the 50th and Land of the 16th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contri butions to or on behalf of the person holding office as Commissioner of Insurance.
The Conference Committee report on SB 30 was as follows:
The Committee of Conference on SB 30 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 30 be adopted.
Respectfully submitted,

FOR THE SENATE:
Isl Thomas F. Allgood Senator, 22nd District
Isl Culver Kidd Senator, 25th District
Is/ Lawrence Stumbaugh Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Denmark Groover Representative, 99th District
Is/ Bobby Lawson Representative, 9th District
Is/ Honorable Edward D. Ricketson Representative, 82nd District

Conference Committee substitute to SB 30:

A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contributions to or on behalf of the person holding office as Commissioner of Insurance or to or on behalf of candi dates for the office of Commissioner of Insurance or to or on behalf of campaign committees of such candidates; to prohibit persons holding office as Commissioner of Insurance and candidates and campaign committees of candidates for the office of Commissioner of Insur ance from accepting such contributions; to authorize certain employee contributions under certain circumstances; to prohibit certain coercive action to compel contributions; to provide for definitions and 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 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," is amended by adding a new Code section immediately following Code Section 21-5-30, to be designated Code Section 21-5-30.1, to read as follows:
"21-5-30.1. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Campaign committee' means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an individual to the office of Commissioner of Insurance.
(2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, ad vance or deposit of money, or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of an individual to the office of Commis sioner of Insurance or encouraging the holder of such office to seek reelection. The term 'contribution' shall include the payment of a qualifying fee for and on behalf of a candidate for the office of Commissioner of Insurance and any other payment or purchase made for and on behalf of the holder of the office of Commissioner of Insurance or for or on behalf of a candidate for that office when such payment or purchase is made for the purpose of influ encing the nomination for election or election of the candidate and is made pursuant to the request or authority of the holder of such office, the candidate, the campaign committee of the candidate, or any other agent of the holder of such office or the candidate. The term

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2203

'contribution' shall not include the value of personal services performed by persons who serve on a voluntary basis without compensation from any source.
(3) 'Industrial loan licensee' means a licensee as defined by paragraph (3) of Code Sec tion 7-3-3, relating to definitions applicable to Chapter 3 of Title 7, known as the 'Georgia Industrial Loan Act.'
(4) 'Insurer' means an insurer as defined by paragraph (4) of Code Section 33-1-2, relat ing to definitions applicable to Title 33, known as the 'Georgia Insurance Code.'
(5) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such terms does not mean a campaign committee.
(b) No industrial loan licensee or insurer and no person or political action committee acting on behalf of an industrial loan licensee or insurer shall make a contribution to or on behalf of a person holding office as Commissioner of Insurance or to or on behalf of a candi date for the office of Commissioner of Insurance or to or on behalf of a campaign committee of any such candidate.
(c) No person holding office as Commissioner of Insurance and no candidate for the office of Commissioner of Insurance and no campaign committee of a candidate for the office of Commissioner of Insurance shall accept a contribution in violation of subsection (b) of this Code section.
(d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by an industrial loan licensee or insurer, including a person in whose name a license is held, from voluntarily making a campaign contribution from that persons's personal funds to or on behalf of a person holding office as Commissioner of Insurance or to or on behalf of a candidate for the office of Commissioner of Insurance or to or on behalf of a campaign committee of any such candidate. It shall be unlawful and a violation of this Code section for any insurer or industrial loan licensee or other person to require another by coercive action to make any such contribution."
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 Stumbaugh of the 55th moved that the Senate adopt the Conference Commit tee report on SB 30.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Baldwin Barker
^BaromuenS BCluaryton
Coleman Collins Coverdell

Deal Dean Echols
Endgglfi.sh. EFonsgtrearm
Fuller Gillis Hammill

Harris Huggins Johnson
KK-e-nJJnedy ^Newb,.i,,ll
Peevy Perry Pollard

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

Starr Stumbaugh Tate Timmons

Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen
Draawnkins Fincher Garner

Howard Land
Langford McKenzie Olmstead

Parker Phillips
Scott of 36th Shumake Taylor

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 30.

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

HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide a frame work to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.

The Conference Committee report on HB 215 was as follows:

The Committee of Conference on HB 215 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 215 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ Nathan Dean Senator, 31st District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover Representative, 99th District
/s/ Dick Lane Representative, 27th District
/s/ Bobby Lawson Representative, 9th District

Conference Committee substitute to HB 215:

A BILL
To be entitled an Act to amend the Official Code of Georgia Annotated, so as to provide a framework to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for state ments of legislative intent and public purpose; to provide for definitions; to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to create the Governor's Development Council; to provide for the membership, functions, pow ers, and responsibilities of the Governor's Development Council; to provide for certain pow ers of the Governor; to provide for other matters relative to the Governor's Development

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Council; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, so as to revise extensively the pro visions relating to the Department of Community Affairs and the Board of Community Af fairs; to provide the powers, duties, responsibilities, and functions of the department, the commissioner, and the board; to provide for the membership of the board; to provide for the promulgation of rules, regulations, procedures, standards, and guidelines; to provide for other matters relative to the department, the commissioner, and the board; to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to area plan ning and development commissions, so as to revise extensively the provisions relating to area planning and development commissions; to create and establish regional development centers; to provide for membership, dues, powers, duties, functions, and responsibilities of regional development centers; to provide for the succession of area planning and develop ment commissions by regional development centers; to provide for other matters relative to regional development centers; to amend Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations, so as to provide for the powers, duties, and responsibilities of local governments with regard to comprehensive and coordinated plan ning, participation in regional development centers, and participation in compiling informa tion; to amend Article 1 of Chapter 2 of Title 12, relating to the general provisions regarding the Department of Natural Resources, so as to provide for the powers, duties, and responsi bilities of the Department of Natural Resources with regard to the development and imple mentation of minimum standards and procedures to protect the natural resources, environ ment, and vital areas of the state; to amend the Official Code of Georgia Annotated so as to delete references to area planning and development commissions and change such refer ences to regional development centers; to make editorial revisions; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1.1. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by adding a new Article 6 to read as follows:
"ARTICLE 6
45-12-200. Coordinated and comprehensive planning by all levels of government within the State of Georgia is of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting coordinated and comprehensive planning by all levels of government. This article is intended to provide for the coordination of planning, at the direction of the Governor, by departments, agencies, commissions, and other institutions of the state, and this article shall be liberally construed to achieve that end.
45-12-201. As used in this article, the term:
(1) 'Council' means the Governor's Development Council.
(2) 'Planning' means the process of determining actions which state agencies shall take.
(3) 'State agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.
45-12-202. The Governor's Development Council is created in the office of the Governor.
45-12-203. (a) The Governor shall serve ex officio as chairman of the council.
(b) Membership on the council shall be determined as follows: the Commissioner of Agriculture, the commissioner of community affairs, the State School Superintendent, the commissioner of human resources, the commissioner of industry and trade, the Commis sioner of Labor, the commissioner of natural resources, the commissioner of technical and adult education, the commissioner of transportation, the commissioner of corrections, the chancellor of the Board of Regents of the University System of Georgia, the director of the

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Office of Planning and Budget, the executive director of the Georgia Environmental Facili ties Authority, the commissioner of revenue, the executive director of the State Soil and Water Conservation Commission, and the director of the Georgia Forestry Commission shall serve ex officio.
(c) The Governor may, from time to time, appoint, in the Governor's discretion, addi tional members of the council, but the number of such additional members shall not exceed three at any one time. Each such member shall be the head of a state agency. Any such member shall serve only for a term designated by the Governor.
(d) The council shall hold meetings as often as the Governor determines, but not less than once during each calendar month. The Governor as chairman may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. The Governor and eight members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate. The Governor may establish, from time to time, such additional rules and procedures as the Governor deems appropriate for conducting the council's business. These rules and procedures may be estab lished in bylaws or in such other form as the Governor deems appropriate.
45-12-204. The council, at the direction of the Governor and subject to this article, shall perform the following functions:
(1) Coordinate, supervise, and review planning by state agencies. This shall include, but shall not be limited to, coordination of long-range planning and coordination of the location and construction of public facilities on the basis of state, regional, and local considerations identified in the comprehensive state-wide plan developed by the Governor with the assis tance of the Department of Community Affairs; and
(2) Establish procedures for, and take action to require, communication and coordina tion among state agencies in any respect which the council deems necessary or appropriate in order to further the coordination of planning by state agencies.
45-12-205. The Governor shall have the power to engage, appoint, or designate such staff or assistance for the council as the Governor may deem necessary or appropriate to assist the council in the exercise and performance of its duties.
45-12-206. All state agencies and all counties, municipalities, or other political subdivi sions of the state, regional development centers, and other public agencies or public authori ties shall have the power and authority to take all actions which may be necessary or appro priate to respond to inquiries and requests from the council, to cooperate with the council in carrying out its duties, and otherwise to take any action which the Governor or the council may direct or require in carrying out their duties under this article.
45-12-207. The provisions of this article shall not be construed so as to permit an agency to initiate, carry out, fail to perform, or to otherwise take actions in any manner which is not authorized by law applicable to such agency or the subject matter. The provi sions of this article shall not be construed so as to authorize an agency to locate, fail to locate, construct, or fail to construct public projects or facilities in any manner which is inconsistent with the directives of the General Assembly as specified in the authorization of such public projects or facilities."
Part 2
Section 2.1. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, is amended by striking Code Sec tions 50-8-1 through 50-8-12 and inserting in their respective places new Code Sections 508-1 through 50-8-12 to read as follows:
"50-8-1. The Department of Community Affairs is created as a department of the exec utive branch of state government. The Department of Community Affairs, as it existed im mediately prior to July 1, 1989, shall continue to exist as a department of the executive branch of state government in accordance with this article. From and after July 1, 1989, the

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2207

Department of Community Affairs shall have the duties, responsibilities, functions, power, and authority set forth in this article and otherwise provided by law.
50-8-2. (a) As used in this article, the term:
(1) 'Board' means the Board of Community Affairs.
(2) 'Commissioner' means the commissioner of community affairs.
(3) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for prepa ration of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with this article.
(4) 'Conflict' means any conflict, dispute, or inconsistency arising:
(A) Between or among comprehensive plans for any counties or municipalities, as pro posed, prepared, proposed to be implemented, or implemented;
(B) Between or among comprehensive plans for any regions, as proposed, prepared, pro posed to be implemented, or implemented;
(C) Between or among comprehensive plans for any counties or municipalities and com prehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented;
(D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally im portant resources, as defined by the department pursuant to this article; or
(E) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department pursuant to this article.
(5) 'Constitution' means the Constitution of the State of Georgia.
(6) 'Contract' means any contract, agreement, or other legally binding arrangement.
(7) 'Coordinated and comprehensive planning' means planning by counties and munici palities and by regional development centers in accordance with the minimum standards and procedures. Coordinated and comprehensive planning is one of the local government affairs for which the department is authorized to assist in the performance of local govern ment services.
(8) 'County' means any county of this state.
(9) 'Department' means the Department of Community Affairs.
(10) 'Eligible recipient' means any local government, school district, or other govern ment entity which may be eligible to receive funds from the department pursuant to terms for eligibility established by the department or those established by the government or other source which makes the funds available to the department.
(11) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities.
(12) 'Local government' means any county, municipality, or other political subdivision of the state; any regional development center; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or acti vated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, sepa rately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any of their lawful purposes but shall not include school districts.

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(13) 'Local government affairs' means all matters involving or affecting local govern ments including, but not limited to, coordinated and comprehensive planning in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority.
(14) 'Local government services' means the activities performed or authorized to be per formed by the department including, but not limited to, its performance of duties, responsi bilities, and functions in local government affairs and its exercise of power and authority in local government affairs.
(15) 'Minimum standards and procedures' means the minimum standards and proce dures, including the minimum elements which shall be addressed and included, for prepara tion of comprehensive plans, for implementation of comprehensive plans, and for participa tion in the coordinated and comprehensive planning process, as established by the department in accordance with this article. Minimum standards and procedures shall in clude any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in ad vance by the department, in accordance with this article.
(16) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(17) 'Necessary' means necessary, desirable, or appropriate, as determined by the com missioner, unless the context clearly indicates a different meaning.
(18) 'Qualified local government' means a county or municipality which:
(A) Has a comprehensive plan in conformity with the minimum standards and procedures;
(B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and
(C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict.
(19) 'Region' means the territorial area within the boundaries of operation for any re gional development center, as such boundaries shall be established from time to time by the board in accordance with the provisions of subsection (f) of Code Section 50-8-4.
(20) 'Regional development center' means a regional development center established under Article 2 of this chapter.
(21) 'Rural area' means any nonurban area in the state as defined in rules and regula tions of the department.
(22) 'School district' means any school district, independent school system, or other local school system in the state.
(23) 'State' means the State of Georgia.
(24) 'State agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.
(b) A reference to the terms of any contract or writing or to the terms under which any funds are made available shall be construed as a reference to all terms, conditions, cove nants, representations, warranties, and other provisions.
50-8-3. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this article

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is to provide for the department to serve these essential public interests of the state by developing, promoting, sustaining, and assisting local governments, by developing, promot ing, and establishing standards and procedures for coordinated and comprehensive plan ning, by assisting local governments to participate in an orderly process for coordinated and comprehensive planning, and by assisting local governments to prepare and implement com prehensive plans which will develop and promote the essential public interests of the state and its citizens. This article shall be liberally construed to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
(b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the de partment shall:
(1) Develop, promote, sustain, and assist local governments;
(2) Provide a liaison between local governments and other governments, including the state government and the federal government;
(3) Act as the state's principal department for local government affairs and local gov ernment services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the department and for those provided by others;
(4) Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning;
(5) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and re sponsibilities of local governments coordinated and comprehensive planning; the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply; and
(6) Serve as the representative of the Governor to local governments and in local gov ernment affairs on a regular basis and on special assignments as authorized by the Governor.
50-8-4. (a) The Board of Community Affairs, as it existed immediately prior to July 1, 1989, shall be abolished effective July 1, 1989, and the Board of Community Affairs, from and after July 1, 1989, is established in accordance with this Code section. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows:
(1) The terms of all members of the Board of Community Affairs serving immediately prior to July 1, 1989, shall expire effective July 1, 1989. The Governor shall appoint the initial members of the board for terms beginning on July 1, 1989, or the date on which the Governor makes the appointment, whichever is later. The terms of initial members of the board shall expire on a staggered basis, as follows: the terms of three of the members shall expire on July 1, 1990, and the terms of three other members shall expire on each July 1 thereafter through July 1, 1994, when the terms of all initial members of the board shall have expired. The Governor shall specify, when he appoints each initial member of the board, the expiration date of that member's term. Upon expiration of the term of each ini tial member of the board, the Governor shall appoint all successor members of the board for terms of five years. The terms of initial members and subsequent members of the board

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shall extend beyond the date of expiration and until their successors are appointed and qualified;
(2) The board shall be composed of one member from each United States congressional district in the state and five additional members from the state at large. The membership of the board shall include, at all times, not less than eight members who are elected officials of either counties or municipalities. In appointing members who are elected officials of munici palities, the Governor may consult with and seek recommendations from the Georgia Mu nicipal Association. In appointing members who are elected officials of counties, the Gover nor may consult with and seek recommendations from the Association County Commissioners of Georgia. The remaining members shall be appointed by the Governor, in the Governor's discretion, from the state at large and need not be elected officials. These remaining members may be elected or appointed officials of local governments, citizens con cerned with environmental issues, citizens interested in development, or other citizens who, in the judgment and discretion of the Governor, would enhance the board by their membership;
(3) The term of a member shall expire when it ends or shall terminate earlier immedi ately upon:
(A) Resignation by a member;
(B) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or
(C) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection;
(4) The Governor shall appoint a new member within 60 days after the expiration or termination of a member's term. The Governor may reappoint members of the board to consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection; and
(5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office.
(c) Officers of the board shall be elected and shall serve as follows:
(1) The officers of the board serving immediately prior to July 1, 1989, shall cease to serve the respective terms for which they were elected, effective July 1, 1989;
(2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board;
(3) The board shall elect officers at each May meeting or, if there is no May meeting, at the next monthly meeting;
(4) Officers shall serve for a term of one year, beginning with their election and qualifi cation and ending with the election and qualification of their respective successors; and
(5) No person shall hold the same office on the board for more than one term consecutively.
(d) The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. Eight members of the board shall constitute a quorum for con ducting business, and a majority of those present at any meeting shall be required to ap prove any action taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before that meeting. No member may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it

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deems appropriate for conducting its business from time to time. These rules and proce dures may be established in bylaws or in such other form as the board deems appropriate.
(e) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in at tendance at a meeting of the board, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state offi cials and employees for the use of a personal automobile in connection with such attend ance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation.
(f) The board shall determine and establish, from time to time, the territorial bounda ries for the region of operation by each regional development center; provided, however, any action of the board altering the boundaries of a regional development center shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. The boundaries of each region shall be established initially so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional develop ment center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board shall establish the boundaries of any region for which a metropoli tan area planning and development commission, created pursuant to Article 4 of this chap ter, also serves as the regional development center.
50-8-5. (a) The office of the commissioner of community affairs, as it existed immedi ately prior to July 1, 1989, shall continue to exist in accordance with this article. The com missioner shall be the department head, whose duties shall include serving as the depart ment's chief executive officer and administrative head. The commissioner serving immediately prior to July 1, 1989, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner limited by any amount that may be specified in the appropriations Act.
(b) The commissioner shall have and may exercise the following power and authority:
(1) The power and authority to take or cause to be taken any or all action necessary to perform any local government services or otherwise necessary to perform any duties, respon sibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
(2) The power and authority to make, promulgate, enforce, or otherwise require compli ance with any and all rules, regulations, procedures, or directives necessary to perform any local government services, to carry into effect the minimum standards and procedures for coordinated and comprehensive planning, or otherwise necessary to perform any duties, re sponsibilities, or functions which the department is authorized by law to perform or to exer cise any power or authority which the department is authorized by law to exercise;
(3) The power and authority to certify, from time to time, municipalities and counties as qualified local governments, which certification shall not be unreasonably withheld; and
(4) The power and authority to assist the board in the performance of its duties, re sponsibilities, and functions and the exercise of its power and authority.
50-8-6. The department shall be divided into such divisions, sections, or offices as may be necessary from time to time. All divisions, sections, or offices in existence immediately prior to July 1, 1989, shall continue to exist in accordance with this article. Thereafter, divisions, sections, and offices shall be abolished, reorganized, or established from time to time by the commissioner and as otherwise specified by law. The commissioner shall ap point such directors, deputies, and assistants as may be necessary to manage such divisions, sections, and offices. Such positions shall be in the unclassified service of the State Merit System of Personnel Administration.

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50-8-7. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such planning and technical assistance activities as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such planning and technical assistance activities may include, but shall not be limited to, the following:
(1) The department may provide technical assistance to local governments. This assis tance may be directed to any and all activities of local government including, but not lim ited to, preparation and implementation of a comprehensive plan, community and economic development, and governmental administration, finance, management, and operations;
(2) The department may provide planning assistance to local governments. This assis tance may include assistance with respect to preparation or implementation of a local gov ernment's comprehensive plan and participation in the process for coordinated and compre hensive planning. This assistance may also include long-range planning relevant to one or more local governments to identify the needs of such local governments or planning with respect to downtown development and the redevelopment and revitalization of downtown areas and central business districts;
(3) The department may assist local governments in planning for the consequences or other results of decisions or actions by any government which have an impact on local gov ernments or on any of their citizens;
(4) The department may provide planning assistance to any local government or any state agency or state authority in connection with housing and dwelling places for citizens of the state. This assistance may include planning with respect to the availability of singlefamily, multifamily, and other types of housing units, the anticipated changes in such avail ability, the potential occupants for such housing, and the anticipated changes in such poten tial occupants. This assistance may also include planning with respect to homeless persons and the shelter needs of homeless persons; and
(5) The department's planning and technical assistance activities may include planning, technical assistance, analysis, recommendations for policies or action, and related activities and services with respect to any lawful purpose or activity of a local government.
(b) The department shall undertake and carry out, and shall coordinate with other state agencies and local governments in undertaking and carrying out, such gathering of informa tion, such distribution of information, and such studies and recommendations as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such coordinating, gathering, and distribution of information and studies may include, but shall not be limited to, the following:
(1) The department shall coordinate and participate in compiling, and other state agen cies and local governments shall participate in compiling, a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. The Georgia data base and network shall collect, analyze, and disseminate information with respect to local governments, regional development cen ters, and state agencies. The Georgia data base and network shall include information ob tained or available from other governments and information developed by the department. To maintain the Georgia data base and network, the department shall make, and shall coor dinate with other state agencies and local governments in making, comprehensive studies, investigations, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department. The department shall make available the Georgia data base and network, or provide access to the Georgia data base and network, to other state agencies, local governments, members of the General As sembly, and residents of the state;
(2) The department shall maintain a strategic rural economic development plan in co operation with the regional development centers, the university system of the state, other

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state agencies and departments, and local governments. The plan shall include, without be ing limited to, identifying industries for which the rural areas of the state have a compara tive advantage, exploring resources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic develop ment in rural areas;
(3) The department may assist the Governor, the General Assembly, any committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommenda tions, advice, and information prepared, developed, or obtained by the department;
(4) The department may undertake studies, investigations, and surveys to identify po tential physical, social, economic, governmental, demographic, or other problems and oppor tunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such op portunities; and
(5) The department may write, draft, prepare, or publish any studies, surveys, investi gations, maps, reports, plans, recommendations, advice, and information with respect to lo cal government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and infor mation to any government, any state authority or state agency, or any private entity.
(c) The duties, responsibilities, and functions of the department and the power and authority of the department described in this Code section are cumulative with, and in ad dition to, all other duties, responsibilities, and functions and power and authority of the department and are not intended to, and shall not be construed to, conflict with any other duties, responsibilities, or functions or any other power or authority of the department, in cluding, but not limited to, the duties, responsibilities, and functions and the power and authority described in Code Section 50-8-7.1.
50-8-7.1. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department, utilizing the comprehensive plans of qualified local governments, shall undertake and carry out such activities as may be necessary to assist the Governor in encouraging, coordinating, developing, and implementing coordinated and comprehensive planning. Such activities may include, but shall not be limited to, the following:
(1) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in coordinated and comprehensive planning on the state level and throughout the state, including, but not limited to, assistance in the development of a com prehensive plan for the state;
(2) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through coordinated and compre hensive planning;
(3) The department shall examine and analyze plans of state agencies, comprehensive plans of regional development centers, and comprehensive plans of municipalities and coun ties, undertaken as part of the coordinated and comprehensive planning process, and advise the Governor with respect to those plans; and
(4) The department shall serve as policy liaison for the Governor, with respect to coor dinated and comprehensive planning, with and among state agencies and local governments.
(b) The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. The depart-

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ment shall undertake and carry out such activities as may be specified by law. Such activi ties may include, but shall not be limited to, the following:
(1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process. These elements shall include, but shall not be limited to, housing, human services, natural resources, the environment, vital areas, historic resources, infrastructure, land use other than zoning, recreation, transportation, and economic development;
(2) The department shall establish minimum standards and procedures which shall be used by local governments in developing, preparing, and implementing their comprehensive plans. The department shall incorporate the minimum standards and procedures with re spect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to Code Section 12-2-8. In establishing such minimum standards and procedures, the department shall be authorized to differentiate among local governments and among regions based upon factors which the department determines merit differentiation, such as total population, density of popula tion, geographic features, the size of tax base, the type and character of services furnished by local governments, the size of budget, and other factors;
(3) The department shall develop planning procedures with respect to regionally impor tant resources, for planning with respect to developments of regional impact, and for en couraging interjurisdictional cooperation among local governments. The department shall determine, in its judgment and for each region, what shall constitute developments of re gional impact. Such determinations by the department shall be made for each region after receiving any necessary information from the regional development center for the region, from local governments within the region, and from others within the region. The depart ment's determinations shall be publicly promulgated, using such means as the commissioner may determine, so that all local governments within a region will receive notice of the de partment's determinations affecting that region; and
(4) The department shall establish and shall promulgate procedures for obtaining input from, and participation by, local governments and the public in establishing, amending, and updating from time to time the minimum standards and procedures.
(c) The department shall undertake and carry out such activities as the board or the commissioner may deem necessary for supervising regional development centers and as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) The department shall recommend to the board from time to time the boundaries for the regions for each of the regional development centers; and
(2) The department shall review and comment on comprehensive plans prepared by, and coordinated and comprehensive planning activities undertaken by or under the direc tion of, regional development centers.
(d) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving, conflicts. Such activities may include, but shall not be limited to, the following:
(1) The department may establish such procedures and guidelines for mediation or other forms of resolving conflict as the commissioner may deem necessary. The procedures and guidelines shall specify the times within which steps in the mediation or other form of conflict resolution shall take place and shall provide that such times shall not exceed, in the aggregate, 90 days from the date on which mediation or other conflict resolution begins. The department shall promulgate and make public all such procedures and guidelines;
(2) The department may act to mediate or otherwise assist in resolving conflicts upon written request from any regional development center or local government or may act, with out any such request, on its own initiative;
(3) The department may establish rules and procedures which require that local govern-

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ments submit for review any proposed action which would, based upon guidelines which the department may establish, affect regionally important resources or further any development or regional impact. Any such proposed action by a local government (other than a regional development center) shall be submitted for review to the local government's regional devel opment center. Any such proposed action by a regional development center shall be submit ted for review to the department. Review shall be in accordance with rules and procedures established by the department. The review shall result in a public finding by the regional development center or the department, as the case may be, that the action will be in the best interest of the state or that it will not be in the best interest of the state;
(4) Any conflict which remains after review pursuant to the procedures established under paragraph (3) of this subsection shall be submitted to mediation or such other form of resolving conflicts as the commissioner may deem necessary; and
(5) The department may decline to certify a local government as a qualified local gov ernment or may take or recommend action which would reduce state or other funding for a regional development center if such local government or regional development center, as the case may be, is a party to a conflict but fails to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department and a majority of the Board of Community Affairs, reflects a good faith effort to resolve the conflict.
50-8-7.2. The initial minimum standards and procedures promulgated by the depart ment pursuant to Code Section 50-8-7.1 shall be submitted by the department to the Gen eral Assembly at the next regular session following the effective date of this Act and shall become effective only when ratified by joint resolution of the General Assembly. The power of the department to promulgate such initial minimum standards and procedures shall be deemed to be dependent upon such ratification. Any subsequent amendments or additions to the initial minimum standards and procedures promulgated by the department pursuant to Code Section 50-8-7.1 shall be promulgated in accordance with and subject to the provi sions of Chapter 13 of this title, the 'Georgia Administrative Procedure Act.'
50-8-8. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department. The department shall also grant to any school district the proceeds of any general obligation debt for educa tional facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients or qualified local governments from appropriations made to the department generally for grant purposes, without appropriations language specifying amounts, recipients, and purposes. The department:
(1) Shall disburse such grants on the basis of criteria which include consideration of matters such as legislative intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportu nities; improvement or expansion of government operations or services; community health, safety, and economic well-being; coordinated and comprehensive planning in accordance with minimum standards and procedures; and any other similar criteria that may from time to time be established by the department; and
(2) May condition the award of any such grants to a county or municipality upon the county or municipality, as the case may be, being a qualified local government.
(b) The department shall direct the distribution of any appropriations or other funds available for coordinated and comprehensive planning in accordance with the Act of the General Assembly providing for such appropriations. No grant by the department to any eligible recipient or qualified local government shall adversely affect any grant or service to the eligible recipient or qualified local government by any other unit or instrumentality of state government. Without limiting the foregoing, the Department of Education, Depart-

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ment of Transportation, and the director of the Fiscal Division of the Department of Ad ministrative Services shall not diminish or fail to award any funds or service to any recipi ent under any state or federal program in whole or in part on account of a grant by the department. Grants by the department are and shall be deemed to be of a special nature and in addition to all such other grants or awards. The following provisions shall apply to making such funds available to eligible recipients or qualified local governments:
(1) The department may make available funds by grant to an eligible recipient or quali fied local government, by direct payments on behalf of an eligible recipient or qualified local government, or by any other lawful means. In the event the department determines that, in its judgment, a regional development center has failed to comply with its duties as provided by law or with the terms of a contract between such regional development center and a local government, the department shall be authorized to make payments, which it otherwise would have made to the regional development center, directly to the local government or as the department otherwise determines in order to carry out the duties of the regional devel opment center under the law or such contract;
(2) The department may accept, use, and disburse gifts and grants made to it on terms consistent with its legal powers, from any public or private source;
(3) The department shall specify the terms under which it makes any funds available to an eligible recipient or qualified local government. The terms shall be those established or otherwise required by the government or other source which makes the funds available to the department. If such government or other source does not establish or otherwise require any such terms, the department may establish the terms;
(4) The department shall set forth in writing the terms under which the department makes funds available to a qualified local government or eligible recipient. The terms may be set forth in a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a qualified local government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws;
(5) The department shall manage and administer all funds made available pursuant to this Code section; and
(6) The department may make funds available for any purpose for which the eligible recipient or qualified local government may lawfully use such funds. Unless precluded by general law, these purposes may include, but shall not be limited to, assisting in or further ing any of the purposes, duties, responsibilities, functions, power, or authority of local gov ernments or the department. These purposes may also include, but shall not be limited to, establishing, developing, constructing, improving, maintaining, restoring, or protecting local government projects or purposes of any nature, such as:
(A) Construction projects;
(B) Capital outlay projects;
(C) Infrastructure projects;
(D) Planning services;
(E) Technical assistance;
(F) Coordinated and comprehensive planning;
(G) Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agriculture, and agribusiness;
(H) Purchase or lease of equipment;
(I) Operating expenses;
(J) Housing projects;

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(K) Any project for the purposes of acquiring, constructing, equipping, maintaining, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educational, athletic, and other events, in order to provide for the establishment, development, and maintenance of com merce and trade;
(L) Any project or purpose described in or permitted under any appropriations to the department;
(M) Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department;
(N) Any project or purpose provided for in the federal Housing and Community Devel opment Act of 1974, as amended, or any successor to the Housing and Community Develop ment Act of 1974;
(O) Any project or purpose provided for in the federal Public Works and Economic Development Act of 1965, as amended, or any successor to the Public Works and Economic Development Act of 1965;
(P) Any project or purpose authorized by federal or state law; or
(Q) Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department.
(c) The department may apply for, receive, administer, and use any grant, other finan cial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of qualified local governments or other eligible recipients. The department's power and authority under this subsection includes, but shall not be limited to, the following:
(1) The department may apply on behalf of qualified local governments or other eligible recipients for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, or if state appropri ated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are otherwise made available to the department, the department may be authorized by the Gov ernor to disburse such emergency funds to the local government or other eligible recipient; and
(2) The department may accept on behalf of qualified local governments or other eligi ble recipients funds provided to the department by an executive order of the Governor and may disburse such funds to such local governments or other eligible recipients. The eligible recipient and the terms under which such funds are made available for use by the eligible recipient shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient.
(d) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto.
(e) The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any other service or function as authorized by the Constitution.
(f) The department shall make available to any state agency or authority assigned to the department for administrative purposes all funds made available to the department for the use of any such state authority or agency. The department may make available funds to such state agencies or authorities for any lawful purposes of any such state agencies or authorities.
(g) The power and authority of the department under this Code section to make availa ble to local governments or any other eligible recipient any funds shall be limited by the

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Constitution and laws of the state, and as specified in this Code section, but shall not other wise be limited.
(h) Pursuant to Article VII, Section III, Paragraph III of the Constitution and as other wise may be authorized, all grants and other disbursements of funds made by the depart ment or from the emergency fund through the department prior to July 1, 1989, are ap proved, ratified, and confirmed.
50-8-9. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall have the power to enter into contracts with local governments, school districts, state agen cies, state authorities, and other public and private entities or individuals for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or func tions of the department or exercising the power and authority of the department. No such contract shall constitute a donation or gratuity or the forgiveness of any debt or obligation owing to the public. No such contract shall constitute or be intended to constitute security for bonds or other obligations issued by any public agency, public corporation, or authority. No such contract shall constitute a pledge or loan of the credit of the state to any individ ual, company, corporation, or association, and the state, through the department, shall not become a joint owner or stockholder in or with any individual, company, association, or corporation.
(b) The power and authority of the department under this Code section to enter into contracts shall be limited to entering into contracts permitted under the Constitution and laws of the state and as specified in this Code section but shall not otherwise be limited.
50-8-10. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such activities as may be necessary to coordinate policies, programs, and actions of governments in local government affairs and as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) The department may take such action as the commissioner may deem necessary, to the extent feasible and practicable as determined by the commissioner, to make the pro grams and policies including, but not limited to, comprehensive plans of all levels of govern ment consistent and to minimize duplicated or inconsistent programs and policies including, but not limited to, comprehensive plans within the state government and among local governments;
(2) The department may review, on a continuous basis, the programs and policies in cluding, but not limited to, comprehensive plans of all governments acting within the state to determine their consistency with long-range programs and policies of the state; and
(3) The department may consult with, meet with, confer with, and cooperate with the executive or legislative authorities of other states, with representatives of municipalities and counties of other states, with other representatives of governments, with representatives of private entities, and with others for the purpose of furthering the coordination of programs and policies affecting local government affairs within this state.
(b) The department shall serve as the state's clearing-house and research center on intergovernmental relations, including relationships among federal, state, and local levels of government and, to this end, the department shall:
(1) Monitor, review, analyze, and communicate with and to others with respect to ac tions and developments in the United States Congress, in the federal agencies, and in other states which affect local governments or which may affect relations between the state and any local governments; and
(2) Coordinate its activities with the office of the Governor, other state agencies and authorities, and the state's members of the United States Congress.
(c) The department may provide, supervise, or coordinate leadership and community development programs for local governments and other programs with respect to local gov-

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ernment affairs. The department may develop pilot programs or projects designed to ad dress the problems and needs of local government.
50-8-11. (a) The department shall have the duty, responsibility, power, and authority to take all action necessary to further the purposes of the department, without regard for whether any such duty, responsibility, power, or authority is specifically mentioned in this article or otherwise specifically granted by law. Without limiting the general nature of this Code section:
(1) The department shall have all duties, responsibilities, power, and authority granted or specified under or pursuant to any other laws of the state and any executive orders issued by the Governor prior to July 1, 1989. To the extent permitted by law, the Governor may, by executive order issued on or after July 1, 1989, authorize the department to take specific action in furtherance of the purposes of the department; and in that event, the department shall take such action;
(2) The department shall promote and encourage assistance from private entities and individuals in carrying out and performing local government services;
(3) The department shall assist local governments in developing, promoting, and retain ing trade, industry, commerce, and employment opportunities;
(4) The department may define, identify, and establish criteria or requirements for local governments or others to participate with or to use any local government services; and
(5) The department may receive, use, and spend money received from the state for any of the purposes of the department.
(b) Revenues for all fees and charges imposed or otherwise charged by the department for local government services shall be paid into the general fund of the state treasury, except that charges intended to reimburse expenses incurred by the department shall be used to reimburse the department for such expenses.
50-8-12. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 3
Section 3.1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Article 2, relating to area planning and development commissions, in its entirety and inserting in its place a new Arti cle 2 to read as follows:
"ARTICLE 2
50-8-30. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. Coordinated and compre hensive planning by local governments, under direction from the state, is necessary in order to serve these essential public interests of the state. The purpose of this article is to provide for regional development centers to develop, promote, and assist in establishing coordinated and comprehensive planning in the state, to assist local governments to participate in an orderly process for coordinated and comprehensive planning, to assist local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens, and to prepare and implement comprehensive regional plans which will develop and promote the essential public interests of the state and its citizens. This article shall be construed liberally to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.

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50-8-31. As used in this article, the term:
(1) 'Board' means the board of a regional development center.
(2) 'Caucus' means an informal meeting of any group of board members required, pur suant to this article, to determine how to cast its collective vote or to elect board members in caucus. A caucus shall be governed by such rules as the board members of the class required to caucus shall determine among themselves but shall not be subject to the provi sions of Chapter 14 of this title.
(3) 'Center' means a regional development center established under this article.
(4) 'Chief elected official' means the official of any county or municipality elected as chief elected official (regardless of whether the position which is, in fact, that of chief elected official is called chairman, mayor, or by any other designation) or, for any counties or municipalities where no person is elected as chief elected official, a member of the gov erning body of the municipality or the county, as the case may be, designated by resolution of the governing body.
(5) 'Collective vote' means the vote of a class of board members determined by a caucus and shall mean one vote for such class, rather than separate votes for each member of the class.
(6) 'Commissioner' means the commissioner of community affairs.
(7) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for prepa ration of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with Article 1 of this chapter.
(8) 'Conflict' means any conflict, dispute, or inconsistency arising:
(A) Between or among comprehensive plans for any counties or municipalities, as pro posed, prepared, proposed to be implemented, or implemented;
(B) Between or among comprehensive plans for any counties or municipalities and com prehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented;
(C) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally im portant resources, as defined by the department; or
(D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department.
(9) 'Constitution' means the Constitution of the State of Georgia.
(10) 'Contract' means any contract, agreement, or other legally binding arrangement.
(11) 'Coordinated and comprehensive planning' means planning by counties and munic ipalities and by regional development centers in accordance with the minimum standards and procedures.
(12) 'County board member' means any member of the board representing a county, determined pursuant to paragraph (1) of subsection (b) or paragraph (3) of subsection (e) of Code Section 50-8-34.
(13) 'Department' means the Department of Community Affairs.
(14) 'Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality.
(15) 'Government' means any governmental unit on the federal, state, or local level and

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any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities.
(16) 'Local government' means any county, municipality, or other political subdivision of the state; any regional development center; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or acti vated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, sepa rately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any lawful purposes but shall not include school districts.
(17) 'Local plan' means the comprehensive plan for any county or municipality.
(18) 'Minimum standards and procedures' means the minimum standards and proce dures, including the minimum elements which shall be addressed and included, for prepara tion of comprehensive plans, for implementation of comprehensive plans, and for participa tion in the coordinated and comprehensive planning process, as established by the department. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department, in accordance with Article 1 of this chapter.
(19) 'Municipal board member' means any member of the board representing a munici pality, determined pursuant to paragraph (2) of subsection (b) or paragraph (3) of subsec tion (e) of Code Section 50-8-34.
(20) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(21) 'Necessary' means necessary, desirable, or appropriate, as determined by the com missioner, unless the context clearly indicates a different meaning.
(22) 'Nonpublic board member' means any board member who is a resident of a county within the region, who is not an elected or appointed official or employee of any county or municipality, and who is elected as a nonpublic member for that county pursuant to para graph (3) of subsection (b) or paragraph (3) of subsection (e) of Code Section 50-8-34.
(23) 'Qualified local government' means a county or municipality which:
(A) Has a comprehensive plan in conformity with the minimum standards and procedures;
(B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and
(C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict.
(24) 'Region' means the territorial area within the boundaries of operation for any re gional development center, as such boundaries shall be established from time to time by the board of the department.
(25) 'Regional development center' means a regional development center established under this article.
(26) 'Regional plan' means the comprehensive plan for a region.
(27) 'State' means the State of Georgia.
50-8-32. Regional development centers are created and established as public agencies and instrumentalities of their members which shall facilitate coordinated and comprehen sive planning in conformity with minimum standards and procedures established pursuant

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to law. Each such agency and instrumentality shall be known as a regional development center and shall be designated, by name for all purposes, with such identifying words before the term 'regional development center' as the board may, from time to time in accordance with the provisions of subsection (f) of Code Section 50-8-4, choose and designate by official action. The number of regional development centers and the region within which each re gional development center shall operate shall be established from time to time by the board of community affairs. The board of community affairs shall initially establish the boundaries of each region so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board of community affairs shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center.
50-8-33. (a) Each municipality and county in the state shall automatically be a member of the regional development center for the region which includes the municipality or county, as the case may be.
(b) (1) Each county and municipality in the state shall pay the annual dues for mem bership in its regional development center. Each county and the municipalities within such county shall continue to use the arrangement for the payment of dues which was in effect on June 30, 1989, for the payment of dues to the area planning and development commission which preceded the regional development center created by this article until a revised ar rangement for the amount, apportionment, and payment of annual dues is established by the county and the municipalities within such county. If an arrangement for the payment of such dues is structured so that a county pays dues only on behalf of residents of the unin corporated areas of the county, then the annual dues paid by such county shall come solely from revenues derived from the unincorporated areas of the county.
(2) State funds appropriated to the department and available for the purpose of assist ing regional development centers shall be distributed in accordance with this paragraph. The department shall establish a minimum funding amount for regional development cen ters, conditioned upon the amount of state funds appropriated, and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. To be eligible for the minimum funding amount, each regional develop ment center must assess and collect annual dues in the amount of 25<t for each resident of each county within the regional development center, based upon the most recent estimate of population approved by the department for this purpose. To be eligible for any supplemen tal funding, each regional development center shall be required to match the amount of the supplemental funds on a dollar-for-dollar basis and shall only use for the purpose of com puting matching funds revenues of the regional development center in excess of the amount required for the minimum funding amount.
(3) The initial supplemental funding formula established by the department to be used for the distribution of available state funds in excess of the minimum funding amount shall be promulgated by the department in accordance with the procedures of Code Section 50-87.2.
50-8-34. (a) The board of each regional development center shall establish policy and direction for the regional development center and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows:
(1) The chief elected official of each county in the region shall be a county board member;
(2) The chief elected official of each municipality in the region shall be a municipal board member; and

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(3) The county board members and municipal board members from the same county shall together elect one member of the board, who shall be a resident of the county, as the nonpublic board member from such county. For purposes of electing this board member, the county board member shall have one vote and the municipal board members from that county shall have one collective vote, determined by caucus. If any county board member and the municipal board members casting their collective vote fail to elect a nonpublic member from their county, the board shall not be precluded from taking any authorized action and the votes from that county shall not be recorded until such nonpublic board member has been agreed upon and named as a member of the board.
(c) The term of a member of the board who is an elected official shall be for a period of one year and until the member's successor is elected and qualified. The term of a member of the board who is a nonpublic board member shall be for a period of two years. The term of a member shall terminate immediately upon:
(1) Resignation by a member;
(2) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or
(3) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of subsection (b) of this Code section.
(d) Votes among members of the board shall be allocated as follows:
(1) Each county board member shall have one vote;
(2) The municipal board members from the same county shall have one collective vote; and
(3) Each nonpublic board member shall have one vote.
(e) (1) Notwithstanding the other provisions of subsection (b) of this Code section, the board of a regional development center shall have the authority to expand its membership to the extent required to meet board membership requirements imposed by any state or federal program for which the regional development center is or, upon such expansion of board membership, will become the administering agency. Any change in board membership as authorized by this subsection shall be proposed by resolution of the board and submitted to the department for approval. Each such resolution shall describe the federal or state program which imposes the requirement for additional board membership and shall specify the proposed number of additional board members, the number of additional board mem bers who shall be elected as county board members, as municipal board members, and as nonpublic board members, and such other information as the department may, from time to time, require. No proposed change in membership shall become effective without prior ap proval of the department. The department shall promulgate guidelines to assist regional development centers in meeting membership requirements imposed by state and federal programs but such guidelines shall in no event prohibit regional development centers from meeting such requirements.
(2) If the membership of a board of a regional development center is expanded pursu ant to paragraph (1) of this subsection, the votes among members of that board shall be allocated as follows:
(A) Each county member shall have one vote or, if there is more than one county board member from the same county, the county board members from the same county shall have one collective vote;
(B) Municipal board members from the same county shall have one collective vote; and
(C) Each nonpublic board member shall have one vote or, if there is more than one nonpublic board member from the same county, the nonpublic board members from the same county shall have one collective vote.

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(3) Notwithstanding the other provisions of this Code section, any additional board membership approved pursuant to paragraph (1) of this subsection shall be rilled by mem bers elected by the board from among the following classes, in such number or numbers from each class as the department may have approved pursuant to paragraph (1) of this subsection, and such additional members shall be designated as follows:
(A) Any member who is an elected official of a county in the region shall be a county board member;
(B) Any member who is an elected official of a municipality in the region shall be a municipal board member; and
(C) Any member who is a resident of a county within the region and is elected as a nonpublic board member shall be a nonpublic board member.
(4) Notwithstanding the other provisions of this Code section, if the membership of a board of a regional development center is expanded pursuant to paragraph (1) of this sub section, the other provisions of this Code section shall apply except as specified in this sub section, and such other provisions of this Code section shall be construed accordingly.
(f) The board shall hold meetings not less than four times in each year, beginning on July 1 and continuing through the next June 30.
(g) Each board shall be responsible for employing an executive director for its regional development center, adopting an annual budget and work program for the regional develop ment center, and electing members of an executive committee.
(h) (1) Each board shall annually elect a 15 member executive committee which shall have all the power and authority and all the duties, responsibilities, and functions of the full board and which may take any action which the full board can take, except that the execu tive committee shall not employ an executive director for its regional development center, adopt the annual budget and work program for the regional development center, or elect members of the executive committee. Without limiting the generality of the foregoing, the executive committee shall develop a proposed annual budget and work program which shall be submitted to the board for adoption.
(2) The executive committee members shall include at least one board member from each county in the region and shall be determined as follows:
(A) The county board member representing the county with the largest population in the region shall be a member of the executive committee;
(B) The municipal board member representing the municipality in the region with the largest population shall be a member of the executive committee;
(C) Four county board members shall be elected by the county board members, in cau cus, to be members of the executive committee;
(D) Four municipal board members shall be elected by the municipal board members, in caucus, to be members of the executive committee;
(E) Five nonpublic board members shall be elected by the nonpublic board members, in caucus, to be members of the executive committee.
(i) The executive committee shall elect officers of the board, who shall also serve, in the same capacities, as officers of the executive committee. The executive committee shall elect a chairman, vice chairman, and secretary from among the members of the executive com mittee. The executive committee shall elect officers annually at the meeting designated for that purpose in bylaws of the center.
(j) Each member of an executive committee may upon board approval receive a per diem expense allowance not to exceed the amount received by members of the General As sembly for each day an executive committee member is in attendance at a meeting of the executive committee, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and em-

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ployees for the use of a personal automobile in connection with such attendance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation.
(k) For purposes of determining the municipality in a region with the largest population and the county in a region with the largest population, population shall be based upon the most recent estimate of population approved by the department for purposes of calculating membership dues in regional development centers, and the population of any county shall, for these purposes, include all of the residents of municipalities within the county and ex clude all of the residents of any municipality within any other county where a municipality lies within more than one county.
50-8-35. (a) Each regional development center shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. Each center may exercise the following power and authority:
(1) Each center may adopt bylaws and make rules and regulations for the conduct of its affairs;
(2) Each center may make and enter into all contracts necessary or incidental to the performance of its duties and functions. Neither a center, nor any nonprofit corporation established or controlled by that center, may enter into any contract obligating that center or nonprofit corporation to perform services for any political subdivision, individual, or busi ness entity located wholly outside the boundaries of that center's region, except that one center, on its own behalf and not on behalf or for the direct benefit of any political subdivi sion, individual, or business entity within that center's boundaries, may contract with an other center to provide services for the benefit of one or both centers;
(3) Each center may acquire and dispose of real and personal property;
(4) Each center may utilize the services of the Department of Administrative Services;
(5) Each center may prepare studies of the area's resources as they affect existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, local governments, and any other matters relating to area planning and development;
(6) Each center may collect, process, and analyze, at regular intervals, the social and economic statistics for the region, which statistics are necessary to planning studies, and make the results available to the general public;
(7) Each center may participate with local, state, or federal governmental agencies, edu cational institutions, and public and private organizations in the coordination and imple mentation of research and development activities;
(8) Each center may cooperate with all units of local government and planning and development agencies within the center's region and coordinate area planning and develop ment activities with those of the state and of the units of local government within the center's region as well as neighboring regions and with the programs of federal departments, agencies, and regional commissions; and provide such technical assistance, including data processing and grant administration services for local governments, as may be requested of it by a unit or units of local government within the center's region; and such technical assis tance shall not be limited to planning and development activities but may include technical assistance of any nature requested by a unit or units of local government within the center's region;
(9) Each center may carry out such other programs as its board or the department shall require from time to time;
(10) Each center may, when appropriate, administer funds involving more than one po litical subdivision;
(11) Each center may, upon the signed resolution of its board and written approval by each unit of local government affected, initiate, continue, or renew arrangements with the

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United States government, an adjoining state, this state, a unit of local government, any agency or instrumentality of the foregoing, or a public or private organization for the man agement, administration, or operation of human service programs by such regional develop ment center; but, in the conduct of any such human service programs, a center shall not engage in the direct delivery of goods or services to individual consumers but may enter into contracts with other authorized entities, including units of local government, for the delivery of such goods or services by and in the name of such entities; and
(12) Each center may provide the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise;
(B) Life insurance coverage and coverage under federal old age and survivors' insurance programs;
(C) Sick leave, annual leave, and holiday leave; and
(D) Any other similar benefits including, but not limited to, death benefits.
(b) Each center shall adopt personnel policies and practices with specific reference to job descriptions and qualifications. Minimum qualifications for the professional personnel of each regional development center shall be established by the board of the regional develop ment center and the Board of Community Affairs.
(c) Each center shall undertake and carry out such planning and technical assistance activities as its board or the department may deem necessary for the development, prepara tion, and implementation of comprehensive plans for the center's region and for municipali ties and counties within the center's region and such planning and technical assistance ac tivities as its board or the department may deem necessary for coordinated and comprehensive planning within the center's region. Such planning and technical assistance activities may include, but shall not be limited to, the following:
(1) A center may coordinate and assist local governments in preparing local plans for submission to the center;
(2) A center may provide technical planning assistance to local governments;
(3) A center may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a center for that purpose;
(4) A center may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures but, before imposing any such requirement, the center shall have received the department's ap proval of any additional elements to be included in such comprehensive plans;
(5) A center may establish goals and objectives, consistent with those established by the Governor's Development Council or by the department, for its region; and
(6) Each center shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration local plans within the re gion. The regional plan may be prepared but shall not be adopted by the board until after a proposed regional plan has been made public and after the board has held, or caused to be held by a designated hearing officer, a public hearing on the regional plan, in accordance with such procedures as the department may establish.
(d) Each center shall participate in compiling a Georgia data base and network, coordi nated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments, state agencies, and members of the General Assembly.
(e) A center shall serve as liaison with other governments, including federal government agencies and state agencies. In this capacity, a center may administer programs within the state upon the request of local governments and may administer federal or state government programs upon designation by the federal or state government. Each center shall be desig-

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nated as the official planning agency for all state and federal programs to be carried out in the region if such designation is required and if the department concurs in such designation. A center may take all action and shall have all power and authority necessary to carry out its responsibilities, duties, and functions under any such state or federal programs.
50-8-36. (a) For the purposes of paragraph (11) of subsection (a) of Code Section 50-835, the term 'human service programs' means any activity authorized by law to be under taken by the state or by any unit of local government in which it is undertaken, the funds for which program are provided by or through the United States government, an adjoining state, this state, any unit of local government, any agency or instrumentality of the forego ing, or a public or private organization, the purpose of which is to provide assistance to and relieve the special burdens of the young, the indigent, the aged, the handicapped, the unem ployed, or the ill.
(b) As used in this subsection, 'governmental services' means those services provided by local units of government of this state. No authority granted to regional development cen ters by Code Section 50-8-35 shall be construed to authorize a regional development center to manage, administer, or operate any program involving the direct delivery of governmental services to consumers or to administer contracts for the delivery of governmental services to consumers, except that:
(1) The authority of regional development centers with respect to human service pro grams, as defined by subsection (a) of this Code section, shall be governed and controlled by paragraph (11) of subsection (a) of Code Section 50-8-35;
(2) The department may specifically authorize governmental services other than human service programs in writing from time to time and for any specified period of time; and
(3) Regional development centers shall be authorized to provide technical assistance to units of local government in areas of governmental services.
(c) When a regional development center administers a contract for the purposes of par agraph (11) of subsection (a) of Code Section 50-8-35, no employee of the regional develop ment center who is compensated for his services by the center shall also serve, during the period of any such contract, as a board member, officer, or paid employee of the entity contracting with the regional development center.
50-8-37. (a) Each local plan shall be submitted for review, comment, and recommenda tion to the appropriate regional development center and shall become effective in accor dance with this Code section. Each municipality and county within a region shall submit its local plan to the regional development center for that region for review, comment, and rec ommendation by the regional development center. The center shall maintain all local plans which it receives in this manner in files available for inspection by the public.
(b) Within ten days after receipt of a local plan, the center shall notify each municipal ity or county within its region which may be affected by the local plan of the general nature of the plan, the date of its submission, and the identity of the submitting municipality or county. In addition, any local governments contiguous to, or operating within, the submit ting municipality or county shall be notified by the center in the same manner.
(c) Within 15 days after the center gives the notice required by subsection (b) of this Code section, any local government within the region and any other local government which received notice from the regional development center may present, to the regional develop ment center, its views on the local plan in a public meeting or hearing which shall be held in accordance with rules established by the center with prior approval of the department.
(d) The center shall determine whether the adoption or implementation of the local plan would present any conflict. The center may recommend a modification of the local plan in such a manner as to eliminate any conflict or alleviate any problem or difficulty which such conflict may create. The center's determination shall be in writing, shall be made pub lic, and shall be communicated by written notice given to the municipality or county which submitted the local plan within 15 days after the date of the public meeting or hearing.

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(e) The municipality or county which submitted the local plan may request reconsidera tion of any recommendation by a center within ten days after the center's recommendation is made public. For purposes of such reconsideration, the center shall schedule, announce, and hold a public hearing within 15 days after receipt of the request for reconsideration. Notice of the time and place of any such public hearing shall be given by the center to all members of the regional development center, in accordance with such procedures as the regional development center may establish, subject to the prior approval of the department. The regional development center shall also give such notice to all affected municipalities and counties and appropriate state regulatory boards and agencies.
(f) Within ten days after the public hearing, the center shall either continue its recom mendations or modify the recommendations. In either case, the center shall make public its determination and shall give written notice of its determination to the municipality or county which submitted the local plan.
(g) No municipality or county shall take any action to adopt any local plan, or to put into effect any local plan, until 60 days after the date when the municipality or county, as the case may be, submitted the local plan to the center for review, comment, and recom mendation, except that any request for reconsideration of any recommendation by a center pursuant to subsection (e) of this Code section shall automatically operate to extend the 60 day period to 90 days.
(h) Nothing in this Code section shall limit or compromise the right of the governing authority of a county or municipality to exercise the power of zoning.
50-8-38. A center shall review all applications of municipalities, counties, authorities, commissions, boards, or agencies within the area for a loan or grant from the United States, the state, or any agency thereof if review by a region-wide agency or body is required by federal or state law, rule, or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or state or agency thereof, transmit the same to the center for its review. The comments of the center shall then become a part of the application, to be appended thereto when finally submitted for the consideration of the United States, the state, or any agency thereof.
50-8-39. A center shall keep books of account reflecting all funds received, expended, and administered by the center which shall be independently audited at least once in each fiscal year during which a center functions. The auditor's report shall be presented to the governing body of each member within the region and to the department. Beginning July 1, 1990, the books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each regional development center shall update its books of account on a quarterly basis and shall present the quarterly update to the commis sioner. The department shall conduct a performance audit of each regional development center at least once every three years.
50-8-40. When federal or state law or regulations require the designation of an areawide or multicounty public or private corporation, organization, or agency for multicounty delivery of human service programs, the state agency administering such programs shall send a notice of intent to designate such area-wide or multicounty corporation, organization, or agency to units of local government in the area to be affected. The notice shall discuss in general the details of the program and, when applicable, possible local government involvement.
50-8-41. Each area planning and development commission in existence as of June 30, 1989, shall automatically be succeeded by the regional development center for the same region as of July 1, 1989, and each such regional development center shall be governed, from and after July 1, 1989, by this article. All contractual obligations, obligations to employees, other duties, rights, and benefits of such area planning and development commissions shall automatically become duties, obligations, rights, and benefits of their respective successor regional development centers.

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50-8-42. Any metropolitan area planning and development commission, created pursu ant to Article 4 of this chapter, shall also serve as the regional development center for the area covered by such metropolitan area planning and development commission. The duties, responsibilities, and functions and the power and authority granted the metropolitan area planning and development commission by law are, and shall be construed to be, cumulative with, and in addition to, the duties, responsibilities, and functions and the power and au thority granted regional development centers by law. In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional development centers, however, the laws governing metropolitan area planning and development commissions shall control and shall govern the metropolitan area planning and development commission. For example, but without intending to limit the generality of the foregoing statement, the provisions of Code Sections 50-8-84 through 50-8-87, regarding membership of a metropolitan area planning and development commis sion, terms of officers, quorums, and elections of officers, would govern a metropolitan area planning and development commission instead of the provisions covering the same subject matter under this article.
50-8-43. The governing authorities of the local governmental entities within each re gional development center may appropriate or loan their funds, facilities, equipment, and supplies to the regional development center.
50-8-44. Each regional development center exists for nonprofit and public purposes; and it is found and declared that the carrying out of the purposes of each regional development center is exclusively for public benefit and its property is public property. Thus, no regional development center shall be required to pay any state or local ad valorem, sales, use, or income taxes.
50-8-45. (a) The following provisions apply to all regional development centers. The Department of Administrative Services is authorized to permit regional development cen ters, on an optional basis, to purchase their motor vehicles, material, equipment, services, and supplies through the state and to issue purchase orders for regional development cen ters for motor vehicles, material, equipment, services, and supplies.
(b) The regional development centers of this state are authorized to purchase stock from the state's central supply system operated by the Department of Administrative Services.
(c) The regional development centers of this state are authorized to purchase under state-wide term contracts and price agreements established by the Department of Adminis trative Services.
(d) The regional development centers of this state are authorized to receive directly from the Department of Administrative Services personal property declared surplus by the state.
(e) The commissioner of administrative services shall prescribe regulations necessary for implementation of this Code section and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution of motor vehicles, material, equipment, services, and supplies for the regional development centers of this state.
50-8-46. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 4
Section 4.1. Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations, is amended by adding a new Chapter 70 to read as follows:
"CHAPTER 70
36-70-1. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing,

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sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the environ ment, and the vital areas of the state. The purpose of this chapter is to provide for local governments to serve these essential public interests of the state by authorizing and promot ing the establishment, implementation, and performance of coordinated and comprehensive planning by municipal governments and county governments, and this chapter shall be con strued liberally to achieve that end. This chapter is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
36-70-2. As used in this chapter, the term:
(1) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and pro cedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department.
(2) 'Coordinated and comprehensive planning' means planning by counties and munici palities undertaken in accordance with the minimum standards and procedures for prepara tion of plans, for implementation of plans, and participation in the coordinated and compre hensive planning process, as established by the Department of Community Affairs.
(3) 'County' means any county of this state.
(4) 'Department of Community Affairs' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50.
(5) 'Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality.
(6) 'Minimum standards and procedures' means the minimum standards and proce dures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the Department of Community Affairs in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the Department of Community Affairs.
(7) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(8) 'Region' means the territorial area within the boundaries of operation for any re gional development center, as such boundaries shall be established from time to time by the board of the Department of Community Affairs.
(9) 'Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50.
36-70-3. The governing bodies of municipalities and counties are authorized:
(1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan;
(2) To develop, establish, and implement land use regulations which are consistent with the comprehensive plan of the municipality or county, as the case may be;
(3) To develop, establish, and implement a plan for capital improvements which con forms to minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality or county, as the case may be;
(4) To employ personnel, or to enter into contracts with a regional development center

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or other public or private entity, to assist the municipality or county in developing, estab lishing, and implementing its comprehensive plan;
(5) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance; and
(6) To take all action necessary or desirable to further the policy of the state for coordi nated and comprehensive planning, without regard for whether any such action is specifi cally mentioned in this chapter or is otherwise specifically granted by law.
36-70-4. (a) Each municipality and county shall automatically be a member of the re gional development center for the region which includes such municipality or county, as the case may be.
(b) Each municipality and county shall pay, when and as they become due, the annual dues required for membership in its regional development center.
(c) Each municipality and county shall participate in compiling a Georgia data base and network, coordinated by the Department of Community Affairs, to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies.
36-70-5. Nothing in this chapter shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 5
Section 5.1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the general provisions regarding the Department of Natural Resources, is amended by adding at the end thereof a new Code Section 12-2-8 to read as follows:
"12-2-8. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this Code section is to provide for the department to serve these essential public interests of the state. This Code section shall be liberally construed to achieve its purpose. This Code section is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
(b) The department is therefore authorized to develop minimum standards and proce dures, in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures, for the protection of the natural resources, environ ment, and vital areas of the state, including, but not limited to, the protection of watersheds of streams and reservoirs which are to be used for public water supply, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards and procedures shall be used by local governments in developing, preparing, and imple menting their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2.
(c) The minimum standards and procedures for watershed protection referred to in sub section (b) of this Code section shall specifically include, but shall not be limited to, buffer areas along streams and reservoirs, land development densities, and land use activities. The department may adopt differing minimum standards and procedures of watershed protec tion based on the size of the watershed, the size or flow volume of the stream or reservoir, and whether or not the actual use of the municipal water supply is existing or proposed.
(d) The minimum standards and procedures referred to in subsection (b) of this Code

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section shall also specifically include, but shall not be limited to, land use activities and development densities for the protection of ground water. The department may adopt dif fering minimum standards and procedures for ground-water purity protection based on the relative sizes, depths, and water volumes of various aquifers and based on the relative sus ceptibility of ground water to contamination by various land use activities and development densities.
(e) The minimum standards and procedures referred to in subsection (b) of this Code section shall include, but shall not be limited to, land use activities, land development den sities, and activities which involve alteration of wetlands. The department may adopt differ ing minimum standards and procedures for wetlands protection based on the size or type of wetlands, the need to protect endangered or protected species or other unusual resources, and the need for a particular land use activity which will affect a wetland."
Part 6
Section 6.1. Code Section 2-6-28 of the Official Code of Georgia Annotated, relating to the number and boundaries of soil and water conservation districts, is amended by striking subsection (b) thereof and inserting in its place a new subsection (b) to read as follows:
"(b) If two-thirds of the supervisors within each of the affected districts, each of the governing authorities of each county within any affected district, and the State Soil and Water Conservation Commission agree to the alteration of any district or the formation of any new district, the alteration or formation may be effected if all such approvals are filed with the commission along with the description of the altered boundaries or the boundaries of the new districts. The alteration of existing districts or formation of new districts may not be effected so that the boundaries of any such district will traverse the boundaries of any regional development center within the district or districts. All of the property and assets of any altered district shall be distributed among the affected districts in accordance to the same ratio used in the distribution of state appropriated funds to the affected districts."
Section 6.2. Code Section 8-2-113 of the Official Code of Georgia Annotated, relating to the promulgation of rules and regulations by the commissioner of community affairs with respect to industrialized buildings, is amended by striking paragraph (10) of subsection (d) thereof and inserting in its place a new paragraph (10) to read as follows:
"(10) One member shall be from a regional development center; and".
Section 6.3. Code Section 12-3-114 of the Official Code of Georgia Annotated, relating to policies guiding the Department of Natural Resources in creating and administering the Georgia Scenic Trails System, is amended by striking paragraph (6) thereof and inserting in its place a new paragraph (6) to read as follows:
"(6) Planning and developing the system should be coordinated with the regional devel opment centers and the Department of Community Affairs;".
Section 6.4. Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Metropolitan River Protection Act," is amended by striking paragraphs (4) through (7) of Code Section 12-5-441, relating to definitions of terms, and inserting in their respective places new paragraphs (4) through (7) to read as follows:
"(4) 'Center' means the regional development center created for any county or group of counties included in each such region pursuant to the authority contained in Article 2 of Chapter S of Title 50."
"(5) 'Certificate' means a building permit or other written authorization issued under this part and shall include, as a part thereof, the application and all documents supplied in support thereof and the approval by the governing authority together with any conditions thereto."
"(6) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources."

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"(7) 'Flood plain' means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 years. The center shall deline ate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army, or such other studies as the center deems competent."
Section 6.5. Said part is further amended by striking paragraph (13) of Code Section 12-5-441, relating to definitions of terms used in the "Metropolitan River Protection Act," and inserting in its place a new paragraph (13) to read as follows:
"(13) 'Plan' means the comprehensive plan prepared by the center pursuant to Code Section 12-5-443."
Section 6.6. Said part is further amended by striking Code Section 12-5-443, relating to the preparation, adoption, and revision of comprehensive land and water use plans by the commission, and inserting in its place a new Code Section 12-5-443 to read as follows:
"12-5-443. The center shall, consistent with the purposes of this part:
(1) Prepare, adopt, and keep up to date a comprehensive, coordinated land and water use plan for the stream corridor. The plan, as prepared and approved by the center, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. The plan, as adopted by the center, shall be transmitted to each political subdivision by June 16, 1973. The plan as adopted by the center for any and all land brought within the stream corridor after March 1, 1983, shall be transmitted to each political subdivision and to the director by July 1, 1983. The center may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this part. The center may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the center shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The center shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies;
(2) Foster and undertake such studies of water and related land resources problems in the stream corridor as are necessary in the preparation or revision of the plan;
(3) Make such rules and regulations as may be necessary to implement the purposes of this part and to administer and implement this part and all rules, regulations, and orders promulgated under this part. A copy of any rules and regulations promulgated pursuant to this paragraph by a center which is also a metropolitan area planning and development commission created pursuant to Article 4 of Chapter 8 of Title 50 shall be provided to the Georgia Senate Natural Resources Committee and the Georgia House of Representatives Natural Resources and Environment Committee; and
(4) Charge a reasonable fee to each applicant for review of any application for a certifi cate, which fee shall be sufficient to defray all or any portion of the administrative costs of review of the application by the center and of the cost to the center of monitoring and inspection of compliance with such certificates."
Section 6.7. Said part is further amended by striking subsections (a) and (b) of Code Section 12-5-444, relating to prohibited land and water uses, and inserting in their respec tive places new subsections (a) and (b) to read as follows:
"(a) (1) Pending adoption of the plan by the center, it shall be unlawful for any person to erect, maintain, suffer, or permit any structure, dam, obstruction, deposit, clearing, or excavation in or on the stream corridor which will adversely affect the efficiency of or re strict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and

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related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center, issue a letter or written statement signed by the executive director of the center ruling with respect to any proposed land or water use in any political subdivision that none of the above-listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment control ordinance.
(2) Pending adoption of the plan by the center as to any land brought within the stream corridor after March 1, 1983, it shall be unlawful for any person to engage in any land-disturbing activity in or on such land within the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utili zation of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollu tion. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center as to any land brought within the stream corridor after March 1, 1983, issue a letter or written statement signed by the executive director of the center, ruling with respect to any proposed land-disturbing activity in or on such land that none of the above-listed adverse effects will occur as a result of the proposed use."
"(b) (1) After adoption by the center of the plan or any portion thereof or any amend ment thereto, it shall be unlawful within those areas regulated by the plan or any portion thereof or any amendment thereto for any person to engage in any land-disturbing activity in or on the stream corridor which will be incompatible or inconsistent with the plan or any portion thereof or any amendment thereto. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision issues a certificate for the proposed use pursuant to Code Section 12-5-445.
(2) The governing authority shall, before referring the application to the center pursu ant to Code Section 12-5-445, require the applicant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request and as required by the plan and rules and regulations adopted pursuant to this part.
(3) Any land-disturbing activity shall be done strictly in accordance with the certificate issued under this part. Any substantial change or modification of a proposed land-disturbing activity for which a certificate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this part.
(4) The governing authority shall adopt ordinances, regulations, or procedures as neces sary to assure that any land-disturbing activity is conducted in compliance with the plan and the certificate."
Section 6.8. Said part is further amended by striking Code Section 12-5-445, relating to the transmittal of applications, findings, and supporting documents to the commission for review, and inserting in its place a new Code Section 12-5-445 to read as follows:
"12-5-445. (a) After receipt of a complete application for a certificate, the governing authority shall transmit to the center a copy of such complete application and all supporting documents.
(b) (1) If, from the application or from its own investigation, the center finds that there are inconsistencies between the plan and the land-disturbing activity proposed by the appli cation, the center may do any one of the following:
(A) Recommend modification of the application in such manner as to be consistent with the plan;
(B) Make a finding that the application, while not consistent with the plan in all re spects, will provide a level of land and water resource protection equivalent to an applica tion consistent with the plan; or

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(C) Recommend modification of the application in such manner that the application as so modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan.
(2) If the center fails to recommend modification of the application within 60 days from submission of such application to the center and if the governing authority makes a specific finding that the application is consistent with the plan or makes a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, the governing authority shall be deemed to have complied with this Code section and may issue the certificate.
(c) In any case where the center has recommended modification of an application, the governing authority may:
(1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in accordance with the recommendation so incorporated;
(2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority:
(A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the center's recommendation, after giving public notice and after mailing notice to the applicant and to the center at least five days prior to the hearing;
(B) Gives full consideration to all comments made at the second public hearing;
(C) Obtains from the director a written finding that the application is consistent with the plan or, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; and
(D) Reaffirms the vote to override the center's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(3) Request reconsideration of such recommendation by the center at a public hearing.
If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the center to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the center within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant and public notice shall be given. The center shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved.
(d) (1) In making the findings required by subsection (b) or by paragraph (2) of subsec tion (c) of this Code section, the center, the governing authority, and the director shall follow the purposes set forth in this part and the goals set forth by the plan, as amended.
(2) Any finding by the director under paragraph (2) of subsection (c) of this Code sec tion shall be appealable under Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act,' as are final decisions in contested cases."

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Section 6.9. Said part is further amended by striking Code Section 12-5-447, relating to minimum standards for certificates and recommendations, and inserting in its place a new Code Section 12-5-447 to read as follows:
"12-5-447. Every certificate issued by a governing authority and every recommendation of the center, unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of flood waters, and will not result in significant land erosion, stream bank erosion, siltation, or water pollution, shall comply with the following minimum standards:
(1) No land or water use shall be permitted in the flood plain; and
(2) No land or water use shall be permitted within 150 horizontal feet of the watercourse."
Section 6.10. Said part is further amended by striking Code Section 12-5-448, relating to rights of appeal from final determinations and other actions of the commission and gov erning authorities, and inserting in its place a new Code Section 12-5-448 to read as follows:
"12-5-448. Any person aggrieved by any final determination, cease and desist order, other order, or other final action of the center or a governing authority under this part and who has exhausted any administrative remedies may take an appeal to the superior court of the county in which all or part of the land affected lies. The appeal shall be filed within 30 days from the date of the final determination, cease and desist order, other order, or other final action of the governing authority or committee of such governing authority or of the center. Upon failure to file an appeal within 30 days, the decision of the governing authority or committee of such governing authority or of the center shall be final. The appeal shall be heard by the judge of the superior court without a jury."
Section 6.11. Said part is further amended by striking subparagraph (B) of paragraph (4) of Code Section 12-5-451, relating to uses to which the provisions of the "Metropolitan River Protection Act" are inapplicable, and inserting in its place a new subparagraph (B) of paragraph (4) to read as follows:
"(B) Upon request by the owner of any land included in the stream corridor for the first time after March 1, 1983, the center shall make a determination whether any land or water use or land-disturbing activity on such land satisfies the conditions set forth in this subsec tion for exclusion from application of this part. Any such request shall be accompanied by any information concerning the land or water use or land-disturbing activity as the center may reasonably request. If the center determines that the land or water use or land-dis turbing activity fails to satisfy the conditions set forth in this subsection, the center shall state the reasons therefor. The center shall be authorized to delegate this authority to its executive director. If such delegation is made, any person aggrieved by any such determina tion of the executive director may appeal such determination to the center within 30 days of the issuance of such determination; or".
Section 6.12. Said part is further amended by striking subsection (b) of Code Section 12-5-452, relating to cease and desist orders for violations of provisions of the "Metropolitan River Protection Act," and inserting in its place a new subsection (b) to read as follows:
"(b) Any land-disturbing activity in violation of this part, any rule or regulation adopted pursuant to this part, or any certificate issued pursuant to this part shall be a public nuisance; and the creation and maintenance thereof may be enjoined and abated upon an action being filed by the center, any political subdivision affected, the director, or any person."
Section 6.13. Said part is further amended by striking subsections (b) and (c) of Code Section 12-5-453, relating to minimum requirements of local regulation of land in drainage basins, and inserting in their respective places new subsections (b) and (c) to read as follows:
"(b) If the governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations which effectively control erosion and sedi-

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mentation in a tributary, the center shall give written notice to the governing authority of its intent to request the director to undertake enforcement of erosion and sediment control regulations in the drainage basin of such tributary. If, after such notice from the center, the governing authority fails to demonstrate, to the satisfaction of the center, its intent and ability to enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of such tributary, the center shall request the director to assume enforce ment of erosion and sediment control regulations in the drainage basin of such tributary."
"(c) Upon notification by the center of a governing authority's failure to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drain age basis of a tributary or upon a determination by the director, after consultation with the center, that a governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary, the director may revoke the certification of a governing authority as an issuing authority for permits required by the 'Erosion and Sedimentation Act of 1975,' for the land within the drainage basin of such tributary."
Section 6.14. Said part is further amended by striking subsections (a) and (b) and the introductory language of subsection (c) of Code Section 12-5-456, relating to notification of local authorities of violations of the "Metropolitan River Protection Act," and inserting in their respective places new subsections (a) and (b) and new introductory language in subsec tion (c) to read as follows:
"(a) If the center has reason to believe that any person is carrying out any land-dis turbing activity in or on the stream corridor without a certificate pursuant to this part, in violation of the terms and conditions of a certificate issued pursuant to this part, or in any other respect in violation of this part, the center shall notify the governing authority of the political subdivision in which such illegal activity is taking place and shall recommend ac tion to correct the situation. A copy of such notice to the governing authority shall be fur nished to the director. If the center has determined that the violation requires immediate enforcement action, the notice to the governing authority shall so state."
"(b) If, after notice from the center, pursuant to subsection (a) of this Code section, of a violation which requires immediate enforcement action, a governing authority has failed to initiate an enforcement action or otherwise secure cessation of the violation within three business days of receipt of such notice, the center shall so advise the director."
"(c) Upon notice from the center pursuant to subsection (b) of this Code section of a violation of this part which requires immediate enforcement action and as to which the governing authority has failed to initiate enforcement action or otherwise secure cessation of the violation or upon a determination by the director, after consultation with the center, that any person is violating any provision of this part, any rule or regulation adopted pursu ant to this part, or the terms and conditions of any certificate issued pursuant to this part and that the public interest requires that the state take immediate action, the director shall have the authority to employ any one or any combination of any or all of the following enforcement methods:".
Section 6.15. Code Section 31-6-43 of the Official Code of Georgia Annotated, relating to the acceptance or rejection of an application for a certificate of need, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows:
"(a) Each application for a certificate of need shall be reviewed by the planning agency and within ten working days after the date of its receipt a determination shall be made as to whether the application complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the planning agency shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The planning agency shall also notify a newspaper of general circulation in the county in which the project shall be developed that the application has been deemed

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complete. The planning agency shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules governing the preparation and submission of applications, the planning agency shall notify the applicant in writing and provide a list of all deficiencies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a news paper of general circulation in the county in which the project shall be developed that the application has been so declared. The planning agency shall also notify the appropriate re gional development center and the chief elected official of the county and municipal govern ments, if any, in whose boundaries the proposed project will be located that the application is complete for review or when in the determination of the planning agency a significant amendment is filed."
Section 6.16. Said Code section is further amended by striking subsection (g) thereof and inserting in its place a new subsection (g) to read as follows:
"(g) The planning agency shall, no later than 90 days after an application is declared complete for review, or in the event joinder is ordered pursuant to subsection (d) of this Code section, then 90 days after the last joined application is declared complete for review, provide written notification to an applicant of the planning agency's decision to issue or to deny issuance of a certificate of need for the proposed project. In the event the planning agency has extended the review period pursuant to subsection (c) of this Code section, then the planning agency shall provide such written notification within 120 days after the appli cation, or the last application joined pursuant to subsection (d) of this Code section, was declared complete for review. Such notice shall contain the planning agency's written find ings of fact and decision as to each applicable consideration or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a certificate of need for the action proposed by each applicant. The planning agency shall also mail such notification to the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall be effec tive on the day of the decision unless the decision is appealed to the review board in accor dance with this chapter."
Section 6.17. Code Section 32-9-1 of the Official Code of Georgia Annotated, relating to financial support and project grants for research, programs, and purchases, is amended by striking subsection (b) and paragraph (1) of subsection (c) and inserting in their respective places a new subsection (b) and a new paragraph (1) of subsection (c) to read as follows:
"(b) Subject to general fund appropriations for such purposes and any provisions of Chapter 5 of this title to the contrary notwithstanding, the department is authorized, within the limitations provided in paragraphs (1) and (2) of this subsection, to provide to munici palities, counties, regional development centers, authorities, state agencies, and public and private mass transportation operators:
(1) Financial support for research concerning mass transportation, by contract or other wise; and
(2) Project grants to supplement federal, local, or federal and local funds for use:
(A) In providing for studies, analyses, and planning and development of programs for mass transportation service and facilities;
(B) In providing for research, development, and demonstration projects in all phases of mass transportation;
(C) In providing for programs designed solely to advertise, promote, and stimulate the development and use of mass transportation facilities; and

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(D) In providing for the purchase of facilities and equipment, including rolling stock, used or to be used for the purpose of mass transportation."
"(1) The governing bodies of municipalities, counties, regional development centers, au thorities, state agencies, and public and private mass transportation operators may, by for mal resolution, apply to the department for financial support and project grants provided by this Code section."
Section 6.18. Code Section 44-3-3 of the Official Code of Georgia Annotated, relating to registration statements under the "Georgia Land Sales Act of 1982," is amended by striking subparagraph (R) of paragraph (3) and inserting in its place a new subparagraph (R) to read as follows:
"(R) If the state, county, or municipality in which the subdivision is located has a plan ning and zoning ordinance in effect, a certificate of approval or compliance from the local governing authority stating that the subdivision is in compliance with the applicable ordi nance or, if the state, county, or municipality in which the subdivision is located has no planning and zoning ordinance in effect, a certificate of approval from the appropriate re gional development center;".
Section 6.19. Code Section 45-12-172 of the Official Code of Georgia Annotated, relating to the duty of the Office of Planning and Budget to review and comment on proposed devel opment programs and to serve as liaison with levels of government, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
"(1) Reviewing and commenting upon the interrelationship with state planning of all applications for federal financial assistance by units of local government and local public agencies, regional development centers, and state agencies; and, where appropriate, review ing and commenting to appropriate federal or state agencies that such proposed programs satisfy the requirements of or are not inconsistent with state law or with state and area forecasts and development programs or other state policies; and".
Section 6.20. Code Section 49-8-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in "The Economic Rehabilitation Act of 1975," is amended by striking paragraph (2) and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Community action agency' means a public or private nonprofit agency recognized as a community action agency by the Community Services Administration on January 1, 1975, and also designated and recognized by the state or a county or comparable unit of general local government having a population of 100,000 or more persons or by a combina tion of local governments within any regional development center boundary in this state."
Section 6.21. Code Section 49-8-5 of the Official Code of Georgia Annotated, relating to the distribution of funds under "The Economic Rehabilitation Act of 1975," is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Moneys appropriated for the purposes of this chapter shall be allocated by contract with community action agencies. Such allocations shall be approved by the director only upon the submission of a proposal prepared by the agency and approved by the local gov erning authority or combination of authorities within a regional development center."
Section 6.22. Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to metropolitan area planning and development commissions, is amended by striking Code Section 50-8-81, relating to legislative intent, and inserting in its place a new Code Section 50-8-81 to read as follows:
"50-8-81. It is in the public interest to create an agency composed of officials of political subdivisions and private citizens to coordinate planning and development within each area of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census; to designate the agency as the regional development center under Article 2 of this chapter to make the agency the official metropol itan agency for comprehensive research, study, advice, and review concerning area plans; to improve relationships between political subdivisions and public agencies within areas; and

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to provide policy direction for the solution of common problems through short and longrange comprehensive planning within areas."
Section 6.23. Said article is further amended by striking Code Section 50-8-83, relating to powers, duties, and obligations of a commission, and inserting in its place a new Code Section 50-8-83 to read as follows;
"50-8-83. A commission shall be, for its area, a regional development center as defined in and with all the powers, duties, and obligations of a regional development center set forth in Article 2 of this chapter and any other law of general application pertaining to regional development centers on July 1, 1989; and in addition shall have all of the other powers, duties, and obligations set forth in this article."
Section 6.24. Article 5 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to rural economic development, is amended by striking Code Section 50-8121, relating to the designation of planning and development areas as rural economic devel opment areas, and inserting in its place a new Code Section 50-8-121 to read as follows:
"50-8-121. Each regional development center of this state, except the regional develop ment center which is also the metropolitan area planning and development commission pro vided for in Article 4 of this chapter, shall constitute a rural economic development area for the purposes of this article."
Section 6.25. Said article is further amended by striking subsections (a) and (c) of Code Section 50-8-122, relating to studies for proposed projects, and inserting in their respective places new subsections (a) and (c) to read as follows:
"(a) The regional development center of each rural economic development area pro vided for in Code Section 50-8-121 may conduct a study for proposed major economic devel opment projects within its respective rural economic development area. The study shall util ize the most recent economic information available."
"(c) Funds for studies provided for in this Code section shall come from funds appro priated to the Department of Community Affairs specifically for such purpose. The depart ment, in consultation with state agencies, local governments, regional development centers, local development organizations, and others, shall establish guidelines for the distribution of funds to carry out the studies provided for in this Code section and shall establish guide lines for the preparation of economic development project studies. Such guidelines shall be approved by the Board of Community Affairs."
Section 6.26. Said article is further amended by striking subsections (a) and (b) of Code Section 50-8-123, relating to the recommendation, approval, funding, and implementation of projects, and inserting in its place new subsections (a) and (b) to read as follows:
"(a) Each rural economic development area may submit to the Department of Commu nity Affairs proposed economic development projects by January 1, 1989. All proposed projects shall be endorsed by the appropriate local government and shall be evaluated for funding based upon rating and selection criteria prepared by the department in consultation with state agencies, local governments, regional development centers, local development or ganizations, and others. Such criteria shall be approved by the Board of Community Affairs."
"(b) The department shall be authorized to expend funds available to the department under subsection (c) of this Code section to assist in the implementation of projects ap proved under the procedures outlined in this Code section. In carrying out the intent of this Code section, the Department of Community Affairs, state agencies, regional development centers, local governments, local development organizations, and other agencies or organiza tions receiving funding from the department are authorized to incorporate other public or private funds into project budgets needed to assure the feasibility of proposed economic development projects authorized under this article."
Section 6.27. Code Section 50-8-190 of the Official Code of Georgia Annotated, relating to the creation and membership of the State Mapping and Land Records Modernization

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Advisory Board, is amended by striking subparagraph (c)(l)(H) and inserting in its place a new subparagraph (c)(l)(H) read as follows:
"(H) The Regional Development Centers;".
Section 6.28. Code Section 50-8-191 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Mapping and Land Records Modernization Advisory Board, is amended by striking paragraphs (2), (3), and (6) and inserting in their respective places new paragraphs (2), (3), and (6) to read as follows:
"(2) To provide financial incentives for a limited number of local governments to serve as pilot programs for the modernization of local land records. The pilot programs should include one urban county, one urbanizing county, and at least one rural county in combina tion with a regional development center. The major product of the pilot programs will be procedural guidelines for the modernization of land records in Georgia;"
"(3) To encourage cost savings due to the coordination of data acquisition and data exchange among the federal government, local governments, regional development centers, the private sector, and various agencies of state government;"
"(6) To contract with state agencies, federal agencies, local governments, regional devel opment centers, units of the University System of Georgia, as well as private persons and corporations to conduct technical studies and other work."
Section 6.29. Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definitions of terms, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Nonprofit contractor' means any individual, partnership, corporation, association, organization, or similar entity which contracts with and receives public funds from a state agency to provide services on a nonprofit basis. The term 'nonprofit contractor' includes only those entities which do not distribute any part of their income or profit to members, directors, officers, or any other private person. The term 'nonprofit contractor' shall not include authorities, nonprofit hospitals, nonprofit nursing homes, state-wide associations of local governments, any educational institution of higher learning located in this state and accredited by the Southern Association of Colleges and Schools, any nonprofit organization which, during the applicable fiscal year of the organization, does not receive more than a total of $5,000.00 from all state agencies combined, the federal government, state or local governments, or school systems or their agencies, but shall include regional development centers and community action agencies. If a state agency contracts with a unit in this state of a national or multistate organization, the state unit shall be considered the nonprofit contractor for the purposes of this chapter."
Section 6.30. Code Section 50-20-4 of the Official Code of Georgia Annotated, relating to the prohibition against a nonprofit contractor receiving state funds under certain circum stances, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) The prohibition referred to in subsection (a) of this Code section against receiving funds from any state agency shall not apply to grants to regional educational service agen cies under Part 11 of Article 6 of Chapter 2 of Title 20 or to HUD-701 planning grants to regional development centers."
Part 7
Section 7.1. 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 HB 215.
On the motion, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford Newbill Parker

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

Those not voting were Senators:

Albert Bowen Brannon

Land McKenzie Olmstead

Scott of 36th Shumake

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 215.

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

SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.

The Conference Committee report on SB 86 was as follows:

The Committee of Conference on SB 86 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 86 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ Hugh M. Gillis Senator, 20th District
/s/ Lewis H. McKenzie Senator, 14th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover Representative, 99th District
/s/ Robert L. Patten Representative, 149th District
Is/ Calvin Smyre Representative, 92nd District

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Conference Committee substitute to SB 86:
A BILL
To be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the department to oper ate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corporations, and local governments; to provide for the department to make payments in lieu of ad valorem taxes to local governments; to provide for certain increases or decreases in assessed value of property and payments by the department; to provide for rights of appeal by the department; to confer powers and impose duties on the department; to provide for watershed and wetlands protection; to authorize the department to contract with others pertaining to the water utili ties and facilities and to authorize others to contract with the department; to authorize the department and others to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to provide for local government advisory councils and their powers and duties; to provide for application of the "Georgia Administra tive Procedure Act"; to make certain findings concerning the public purposes and benefits to be derived from this Act for the public; to provide for other matters relative to the forego ing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding a new Article 6 to read as follows:
"ARTICLE 6
12-5-470. This article shall be known and may be cited as the 'Georgia Water Supply Act.'
12-5-471. As used in this article, the term:
(1) 'County' means any county created under the Constitution or laws of this state.
(2) 'Environmental services' means the provision, collectively or individually, of water facilities or management services.
(3) 'Lease' includes a lease or sublease and may, in the discretion of the department, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy.
(4) 'Lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for any estate for years, usufruct, license, concession, or other right or privilege referred to in paragraph (3) of this Code section.
(5) 'Local government' or 'local governing authority' means any municipal corporation or county, any local water district, or any state or local authority, board, or political subdivi sion created by the General Assembly or pursuant to the Constitution and laws of the state.
(6) 'Management services' means technical, administrative, instructional or informa tional services provided to any current or potential recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; finan cial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water systems; and economic development administration or strategies. Management services may be furnished either directly, on-site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature.
(7) 'May' means permission and not command.
(8) 'Municipal corporation' or 'municipality' means any city or town in this state.
(9) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of in-

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debtedness, debt, or other obligation of the state or local governments which are authorized to be issued under the Constitution or other laws of this state, including refunding bonds.
(10) 'Project' means and includes the acquisition of real property for water reservoirs; the construction and reconstruction or improvement of water reservoirs; the acquisition of real property surrounding water reservoirs; the acquisition of real property for mitigation of any alteration of environmental resources by the construction of a water reservoir; and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, in cluding counties and municipalities for the purpose of resale, inside and outside the territo rial boundaries of the users and consumers, and the operation, maintenance, additions, im provements, and extensions of such facilities so as to assure an adequate water utility system deemed by the department to be necessary or convenient for the efficient operation of such type of undertaking, all for the essential public purpose of providing water facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities.
(11) 'Water facilities' means any projects, structures, and other real or personal prop erty acquired, rehabilitated, constructed, or planned for the purposes of supplying, distrib uting, and treating water and diverting, channeling, or controlling water flow and head in cluding, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division, and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water.
12-5-472. (a) The department is authorized to acquire, construct, equip, operate, main tain, expand, and improve a 'project,' as such term is defined in paragraph (10) of Code Section 12-5-471, in whole or in part, directly or under contract with others, including each of the facilities described in said paragraph (10) of Code Section 12-5-471, for the purpose of promoting the use of the projects and the use of the industrial, recreational, commercial, and natural resources of the State of Georgia for the public good and general welfare; and, without limitation of the foregoing, the department is authorized, with the approval of the State Properties Commission, to acquire land for such purposes; provided, however, that the department shall not engage in competition for customers for its environmental services with any local government offering or providing similar services.
(b) Any project acquired, designed, constructed, equipped, operated, maintained, ex panded, or improved by the department or which is funded by the Georgia Environmental Facilities Authority shall conform to and meet standards and procedures promulgated by the Board of Natural Resources pursuant to specific statutory authorization and direction for watershed and wetlands protection.
(c) As a condition precedent to the acquisition or construction of any project, the de partment shall enter into an agreement with any local government, including any local board of education, which will have property removed from, or converted to tax-exempt status in, its ad valorem tax digest or tax base as a result of the acquisition or construction of the project. Each such agreement shall provide that in each year following the year in which the agreement is entered into the department will make payments in lieu of ad valorem taxes to the affected local government with respect to the property removed from, or converted to tax-exempt status in, the local government's tax digest or tax base. The amount of payments to be made in each year shall be determined by applying the local government's ad valorem tax millage rate for that year to the assessed value of the property removed from, or placed in tax-exempt status in, the local government's tax digest or tax base; and for this purpose the assessed value of such property shall be the assessed value as

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determined for the year prior to the year in which the property is removed from, or placed in tax-exempt status in, the tax digest or tax base. Such assessed value and payments made shall be increased or decreased from year to year thereafter as the value of other property having the same type and use as that of the project property when removed from the digest shall increase or decrease; provided, however, that the department shall have all rights of appeal available as to value pursuant to Code Section 48-5-311. Payments provided for in this subsection shall be made from funds derived by the department and subject to subsec tion (b) of Code Section 12-5-474 to the extent that such funds are available; and to the extent that such funds are not available payments provided for in this subsection shall be made from any funds appropriated to the department for this purpose, which appropriated sums shall become a cost of the project or its operations. Deficiencies in payments shall accrue from year to year until paid together with interest without penalty as provided by law.
12-5-473. The department shall have the following powers:
(1) 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 services, purposes, du ties, responsibilities, or functions pursuant to this article and any local government is au thorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the department. Site selection for a project shall be made after considera tion of input from local governments to be served by the project;
(2) To make all contracts and to execute all instruments necessary or convenient to its services, purposes, duties, responsibilities, or functions pursuant to this article;
(3) To accept 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 depart ments, 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 limitations and laws of this state and are otherwise within the power of the department;
(4) To make and execute contracts, lease agreements, and all other instruments neces sary to exercise the powers of the department to further the public purpose for which this article was enacted, such contracts, leases, or instruments to include contracts for construc tion, operation, management, or maintenance of projects and facilities owned by a local gov ernment or by the state or any state authority; and any and all local governments and de partments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the department upon such terms and to transfer real and personal property to the state for the use of the department for such consideration and for such purposes as they deem advisable;
(5) To collect fees and charges in connection with its commitments, management ser vices, and servicing including, but not limited to, reimbursements of costs of financing, as the department shall determine to be reasonable;
(6) To provide advisory, management, technical, consultative, training, educational, and project assistance services to the state and local governments and to enter into contracts with the state and local governments to provide such services. The state and local govern ments are authorized to enter into contracts with the department for such services and to pay for such services as may be provided them;
(7) To lease to local governments any state owned facilities or property which the de partment is managing under contract with the state;
(8) To contract with state agencies or any local government for the use by the depart ment of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or ser vices of the department and such state agencies and local governments are authorized to enter into such contracts;

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(9) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the department may use its own funds pursuant to this article;
(10) To cooperate and act in conjunction with industrial, commercial, medical, scien tific, public interest, or educational organizations; with agencies of the federal government and this state and local governments; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local governments, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the department and local governments to achieve or further the policies of the state declared in this article; and
(11) To do all things necessary or convenient to carry out the powers conferred by this title.
12-5-474. (a) The department is authorized to fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the department for the use of a project or part thereof or combination thereof, and for the goods and services provided by the department in conjunction with such use, as the department 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 a 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 department, if any, to pay the cost of maintaining, repairing, and operating a project, in cluding the reserves for extraordinary repairs and insurance, unless such cost shall be other wise provided for, which costs shall be deemed to include the expenses incurred by the department on account of a project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project to which the fees pertain.
(b) Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the operation of the projects for use in the operation and maintenance of those sites and facilities. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, pro vided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expend ing any such miscellaneous funds.
(c) The department may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the department may determine necessary or appropriate; and the department shall require a water conservation plan approved pursuant to rules and regulations prescribed by the Board of Natural Resources.
12-5-475. (a) It shall be the duty of the Board of Natural Resources to prescribe rules and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provisions for:
(1) The department to notify in writing a county or municipality when a preliminary determination has been made for the location of a project within any portion of the territo rial boundaries of the county or municipality;
(2) Review and comment by the governing authority of a county or municipality receiv ing a notice provided for in paragraph (1) of this subsection before the department makes a final determination of the project site; and
(3) At least one public hearing within the territorial boundaries of a county or munici pality receiving a notice provided for in paragraph (1) of this subsection before the depart ment makes a final determination of the project site.

WEDNESDAY, MARCH 15, 1989

2247

(b) It shall be the duty of the Board of Natural Resources to prescribe rules and regula tions for the operation of and governing the use of each project constructed under the provi sions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain. The initial plan for the activities for each project, other than for water supply, shall be approved by the Project Site Control Advisory Council. Any subsequent change in the initial plan shall be subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
12-5-476. (a) The department is authorized to contract with any local government to exercise on behalf of the local government such responsibility in connection with the plan ning, design, acquisition, construction, operation, management, and maintenance of a pro ject of such local government, as is now or may be hereafter vested in the local government, and to provide to the local government goods or services of the department in connection with the planning, design, acquisition, construction, operation, management, and mainte nance of any project of the local government, all as the parties to the contract may deter mine appropriate. Any such local government is authorized by such contract to delegate to the department all or such goods or services of the department in connection with the plan ning, design, acquisition, construction, operation, management, and maintenance of a pro ject as the parties may by contract determine appropriate.
(b) Except as otherwise provided in subsection (c) of Code Section 12-5-472, any such contract shall provide that the local government shall reimburse the department for all of the costs, liabilities, and expenses of the department incurred by the department in exercis ing such powers or providing such goods or services; and the department shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local government in the acquisition, construction, operation, management, or maintenance of a project.
12-5-477. The foregoing provisions of this article shall be deemed to provide an addi tional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.
12-5-478. This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
12-5-479. (a) In the exercise of its powers under this article, the department may con tract 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 subdivi sion 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.
(b) Pursuant to any such contract, in connection with any facility authorized under this article, the department may undertake such facility or provide such services or facilities of the department, in whole or in part, to or for the benefit of the public entity contracting with the department with respect to those activities, services, or facilities which the con tracting 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 any such contracting public entity is authorized to undertake to pay the department for such activities, services, or facilities such amounts and upon such terms as the parties may determine.
(c) 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 depart ment in connection with any activity, service, or facility which such public entity is other-

2248

JOURNAL OF THE SENATE

wise authorized to provide to obtain the performance of such activity or provision of such services or facilities through the department.
(d) In connection with its operations, the department may similarly obtain from, and each public entity may provide, such activities, services, or facilities which the department is authorized to provide.
(e) The department shall establish prior to the commencement of each project a Project Water Users Advisory Council and a Project Site Control Advisory Council. The member ship of the Project Water Users Advisory Council shall include the chief executive officers, or their designees, of each local government purchasing water from the project. The mem bership of the Project Site Control Advisory Council shall include the chief executive of ficers, or their designees, of each local government within which any part of the project is located. The commissioner, or his designee, shall serve as an ex officio member of each advi sory council. Each advisory council formed shall meet from time to time as provided by rule and regulation of the Board of Natural Resources and shall elect its own officers and estab lish such bylaws as its membership may deem appropriate for the conduct of its business. Each Project Water Users Advisory Council shall consult with and advise the department concerning the operation and management of the project for which it was formed. The oper ation and management of a project shall be subject to the review of the Project Site Control Advisory Council formed for such project.
(f) A local government by resolution of its governing body may enter into a user agree ment for the provision of environmental services utilizing facilities owned by the state upon such terms and conditions as the department shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.
(g) No user agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids.
(h) Any user agreement directly between the state or department and a local govern ment may contain provisions requiring the local government:
(1) To establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the water facility; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the pur poses of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such agreement, including amounts for the creation and maintenance of any required reserves;
(2) To create and maintain reasonable reserves or other special funds;
(3) To create and maintain a special fund or funds as additional security for the punc tual payment of any rentals due under such user agreement and for the deposit therein of such revenues as shall be sufficient to pay all user fees and any other amounts becoming due under such user agreements as the same shall become due and payable; or
(4) To perform such other acts and take such other action as may be deemed necessary and desirable by the department to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the depart ment in the event of a default by such local government in such payment.
12-5-480. The department shall be authorized to utilize the financial advisory and con struction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Chapter 22 of Title 50 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof authorized by this article.
12-5-481. It is found, determined, and declared that the carrying out of the purposes of the department as defined in this article is in all respects for the benefit of the people of this

WEDNESDAY, MARCH 15, 1989

2249

state and that the purposes are public purposes; that the department will be performing an 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.
12-5-482. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the department and all amounts due to others, which involve the credit or guarantee of the state, it shall be the duty of the department to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instru mentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults.
(b) Nothing contained in this Code section shall mandate the withholding of funds allo cated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state."
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 adopt the Conference Committee report on SB 86.

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 urton ^CCoo,llyleimnsan Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Gims
Hammill Harris H,H,ouwggam.rds Johnson Kennedy Kidd Langford McKenzie Newbill Parker

Peevy Perry Phillips Pollard Ragan of 32nd
Ray Scott of 2nd SS,,,htaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Garner

Land Olmstead

Ragan of 10th Scott of 36th

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 86.

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JOURNAL OF THE SENATE

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

HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Hooks of the 116th, Smyre of the 92nd and Lawson of the 9th:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.

The Conference Committee report on HB 145 was as follows:

The Committee of Conference on HB 145 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 145 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Terrell A. Starr Senator, 44th District
/s/ Joseph E. Kennedy Senator, 4th District
Is/ Thomas F. Allgood Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District
/s/ Terry L. Coleman Representative, 118th District

Conference Committee substitute to HB 145:

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1989, and ending June 30, 1990; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1989, and ending June 30, 1990, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $7,407,000,000 for State Fis cal Year 1990.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch ................................... $21,267,336 Personal Services--Staff ......................................... $10,496,000 Personal Services--Elected Officials ................................ $3,427,649 Regular Operating Expenses....................................... $2,129,900 Travel--Staff ...................................................... $107,200 Travel--Elected Officials .............................................. $7,000 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $228,000

WEDNESDAY, MARCH 15, 1989

2251

Computer Charges .............. Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees and Contracts--
Staff ......................... Per Diem, Fees and Contracts--
Elected Officials............... Photography .................... Expense Reimbursement Account Capital Outlay .................. Total Funds Budgeted ........... State Funds Budgeted ...........

Senate Functional Budgets

Total Funds

Senate and Research Office

$ 4,001,903

Lt. Governor's Office

$

576,073

Secretary of the Senate's Office

$ 1,052,815

Total

$ 5,630,791

House Functional Budgets

Total Funds

House of Representatives and Research Office

$ 8,271,104

Speaker of the House's Office

$

423,399

Clerk of the House's Office

$ 1,111,762

Total

$ 9,806,265

Joint Functional Budgets

Total Funds

Legislative Counsel's Office

2,023,514

Legislative Fiscal Office Legislative Budget Office

1,919,437 786,181

Ancillary Activities

1,101,148

Total

5,830,280

$372,000 $65,100 . $651,000
. $386,259
. $2,204,228 . $65,000
$1,128,000 .... $--0-- $21,267,336 $21,267,336

State Funds

$ 4,001,903

$

576,073

$ 1,052,815 $ 5,630,791

State Funds

$ 8,271,104

$

423,399

$ 1,111,762

$ 9,806,265

State Funds

$ 2,023,514

$ 1,919,437

$

786,181

$ 1,101,148

$ 5,830,280

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and

2252

JOURNAL OF THE SENATE

functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legis lative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits Operations Budget: Personal Services................ Regular Operating Expenses...... Travel ......................... Motor Vehicle Purchases......... Equipment ..................... Per Diem, Fees and Contracts Real Estate Rentals ............. Computer Charges .............. Telecommunications ............. Total Funds Budgeted ........... State Funds Budgeted
PART II.
JUDICIAL BRANCH

$14,106,131
$12,012,877 $341,610
. . . $800,000 ... $11,000 .... $23,750 . . . . $25,500 . . . $517,628
$323,209 . $50,557 $14,106,131 $14,106,131

Section 3. Supreme Court. Budget Unit: Supreme Court. .........................

$4,210,943

Section 4. Court of Appeals. Budget Unit: Court of Appeals ........................

$4,775,456

Section 5. Superior Courts. Budget Unit: Superior Courts ......................... Operation of the Courts ............................ Prosecuting Attorneys' Council ...................... Sentence Review Panel ............................. Council of Superior Court Judges .................... Judicial Administrative Districts ..................... Habeas Corpus Clerk ...............................

$39,445,788 $37,695,444 . . . $692,233
$126,479 .... $85,425 . . . $831,207 . . . . $15,000

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts .........................

. . $398,760

Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education . Institute's Operations...............................

$562,500 $437,000

WEDNESDAY, MARCH 15, 1989
Georgia Magistrate Courts Training Council .
Section 8. Judicial Council. Budget Unit: Judicial Council................. Council Operations Payments to Judicial Administrative Districts for Case Counting ........................ Board of Court Reporting ................... Payment to Council for Magistrate Court Judges ............................ Payment to Council for Probate Court Judges ............................ Payment to Council for State Court Judges ............................ Payment to Resource Center ................ Payment to Computerized Information Network .....................
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ......
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council .............. Grants .......................................... Operations.......................................
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services
Administration and Services Budget: Personal Services................................. Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Purchases.......................... Equipment ...................................... Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts ..................... Rents and Maintenance Expense .................. Utilities ......................................... Payments to DOAS Fiscal Administration ................................. Direct Payments to Georgia Building Authority for Capital Outlay.............................. Direct Payments to Georgia Building Authority for Operations ................................. Telephone Billings Materials for Resale .............................. Public Safety Officers Indemnity Fund ............................... Health Planning Review Board Operations..................................... Georgia Golf Hall of Fame Operations.....................................

2253
. $125,500
$1,737,304 . . $716,677
. $73,500 . . . $30,355
$26,000
. . $20,000
. $10,000 . . $231,132
$629,640
. . $112,242
$1,000,000 . . $950,000
$50,000
$43,972,459
$46,310,863 $9,722,215 . . $338,500 . . . $426,000 $2,093,708 . $9,239,841 . $3,410,064 . . $898,105 . . $431,150 $16,169,500 ... $37,900
$2,000,000
.... $--0--
$3,260,000 $34,400,000 $13,000,000
. . . $608,800
. . . . $40,000
. . . . $30,000

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JOURNAL OF THE SENATE

Authorities Liability Reserve Fund
Grants to Counties . . . . . Grants to Municipalities Total Funds Budgeted State Funds Budgeted

..... $--0-- $2,600,000 $4,200,000
$149,216,646 . $43,972,459

Department of Administrative Services Functional Budgets

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

Total Funds

$

430,696

$ 5,726,013

$ 17,339,145

$ 12,697,237 $ 2,926,504

718,666

572,247 50,335,332 3,969,735 43,854,483 6,538,486
1,562,148 723,826
1,822,128 149,216,646

State Funds

$

430,696

$ 5,695,948

$ 15,339,145

--0-- 2,926,504

$

_0_

i

572,247

i 13,157,919

i

-- 0--

i 5,850,000

i

-- 0--

i

-- 0--

i

-0-

!

-- 0--

i 43,972,459

B. Budget Unit: Georgia Building Authority Georgia Building Authority Budget: Personal Services....................... Regular Operating Expenses............. Travel ................................ Motor Vehicle Purchases................ Equipment ............................ Computer Charges ..................... Real Estate Rentals ................... Telecommunications .................... Per Diem, Fees and Contracts Capital Outlay ......................... Utilities ............................... Contractual Expense ................... Fuel .................................. Facilities Renovations and Repairs ......................... Total Funds Budgeted .................. State Funds Budgeted

.... $--0--
$20,399,366 . $4,704,744 .... $22,750 . . . $238,500 . . . $220,775
$112,000 .... $10,800
$136,700 . $143,300 .... $--0-- $8,166,638 $190,000 .... $--0--
... $--0--
$34,345,573 .... $--0--

Georgia Building Authority Functional Budgets

Grounds Custodial

Total Funds $ 1,986,416 $ 5,320,055

State Funds --0--
--0--

WEDNESDAY, MARCH 15, 1989

2255

Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$ 5,195,254 $

$ 5,289,685 $

$

334,902 $

$ 4,609,080 $

$ 10,902,752 $

$

707,429 $

$

--0-- $

$ 34,345,573 $

--0-- -- 0-- --0-- --0-- --0-- --0-- --0-- --0--

C. Budget Unit: Agency for the Removal of Hazardous Materials .............................................. $125,000
Operations Budget: Personal Services................................................. $4,500,000
Regular Operating Expenses. ...................................... $3,996,000 Travel .......................................................... $1,500,000 Motor Vehicle Purchases............................................ $175,000
Equipment ........................................................ $700,000 Computer Charges .................................................. $--0--
Real Estate Rentals ................................................. $--0-- Telecommunications ................................................. $20,000 Per Diem, Fees and Contracts ....................................... $800,000
Capital Outlay ...................................................... $--0-- Utilities ............................................................ $--0--
Total Funds Budgeted ........................................... $11,691,000 State Funds Budgeted .............................................. $125,000

Sectionl2. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $34,954,203
State Operations Budget: Personal Services. ............................................... $30,023,368 Regular Operating Expenses....................................... $3,533,483 Travel ............................................................ $876,524 Motor Vehicle Purchases............................................ $480,842 Equipment ........................................................ $210,000 Computer Charges ................................................. $463,294 Real Estate Rentals ................................................ $851,763 Telecommunications ................................................ $401,619 Per Diem, Fees and Contracts ....................................... $316,871 Market Bulletin Postage ............................................ $650,000 Payments to Athens and Tifton Veterinary Laboratories......................................... $2,285,105 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ............................... $2,000,737 Veterinary Fees .................................................... $547,000 Indemnities......................................................... $91,000 Bee Indemnities..................................................... $60,000 Advertising Contract ............................................... $205,000
Payments to Georgia Agrirama Development Authority for Operations ............................. $565,132
Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ................. $200,000
Capital Outlay ...................................................... $--0-- Contract--Federation of Southern Cooperatives ........................ $60,000

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JOURNAL OF THE SENATE

Tick Control Program .... Poultry Indemnities ....... Total Funds Budgeted.... State Funds Budgeted ....

Department of Agriculture Functional Budgets

Total Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration

$ 4,582,984 $ 7,123,781 $ 1,880,905 $ 3,855,078 $ 4,722,004

Information and Education Fuel and Measures

$ 1,494,076 $ 3,024,489

Consumer Protection Field Forces Meat Inspection Major Markets

$ 6,425,341 $ 4,029,485 $ 4,326,964

Seed Technology

$

399,160

Entomology and Pesticides Total

$ 2,107,471 $ 43,971,738

. . . . $50,000 . . $100,000 $43,971,738 $34,954,203
State Funds 4,233,984
$ 6,749,781 1,843,651 3,855,078
$ 4,651,341 1,494,076 3,010,589 4,962,024 1,393,055 832,749 4,404
$ 1,923,471 $ 34,954,203

B. Budget Unit: Georgia Agrirama Development Authority ................ $--0-- Georgia Agrirama Development Authority Budget: Personal Services................................................... $595,229 Regular Operating Expenses......................................... $141,420 Travel .............................................................. $7,250 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $7,611 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications .................................................. $9,000 Per Diem, Fees and Contracts ........................................ $32,000 Capital Outlay ...................................................... $76,000 Goods for Resale ................................................... $120,000 Total Funds Budgeted .............................................. $988,510 State Funus Budgeted ............................................... $--0--

Section 13. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................... $6,150,380 Administration and Examination Budget: Personal Services................................................. $5,265,880 Regular Operating Expenses......................................... $233,000 Travel ............................................................ $290,000 Motor Vehicle Purchases............................................. $13,500 Equipment ........................................................ $17,000 Computer Charges .................................................. $80,000 Real Estate Rentals ................................................ $196,000 Telecommunications ................................................. $53,000 Per Diem, Fees and Contracts ......................................... $2,000 Total Funds Budgeted ............................................ $6,150,380 State Funds Budgeted ............................................ $6,150,380

WEDNESDAY, MARCH 15, 1989

2257

Section 14. Department of Community Affairs. Budget Unit: Department of Community Affairs ..................... $21,744,071 State Operations Budget: Personal Services................................................. $5,714,669 Regular Operating Expenses....................................... $295,943 Travel ............................................................ $198,155 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $27,410 Computer Charges ................................................. $210,495 Real Estate Rentals ................................................ $467,662 Telecommunications ................................................. $74,660 Per Diem, Fees and Contracts ....................................... $133,020 Capital Felony Expenses ............................................. $50,000 Contracts with Area Planning and Development Commissions .................................. $2,625,000 Local Assistance Grants .......................................... $5,813,402 Appalachian Regional Commission Assessment ...................................................... $114,673 Community Development Block Grants (Federal) .............................................. $30,000,000 Juvenile Justice Grants (Federal) .................................................. $--0-- Grant--Herty Foundation ......................................... $4,200,000 Local Development Fund ......................................... $1,650,000 Payment to Georgia Residential Finance Authority ........................................... $1,200,000 Payment to Georgia Environmental Facilities Authority for Operations....................................................... $406,515 Total Funds Budgeted ........................................... $53,181,604 State Funds Budgeted ........................................... $21,744,071

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

$ 15,381,010 $ 15,358,510

Technical Assistance

$ 1,545,137 $ 1,326,325

Community and Economic Development

$ 33,998,391 $ 2,975,795

Intergovernmental Assistance

$ 1,162,036 $

988,411

Office of Rural Development

$

320,030 $

320,030

Planning Division

$

775,000 $

775,000

Total

$ 53,181,604 $ 21,744,071

Section 15. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation .......... $461,867,871
Personal Services. .............................................. $253,785,419 Regular Operating Expenses...................................... $31,011,124 Travel .......................................................... $1,376,304 Motor Vehicle Purchases.......................................... $1,742,000 Equipment ...................................................... $5,814,044 Computer Charges ................................................. $892,000 Real Estate Rentals .............................................. $3,083,000 Telecommunications .............................................. $2,438,358 Per Diem, Fees and Contracts ..................................... $1,690,152 Capital Outlay ................................................. $116,029,450

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JOURNAL OF THE SENATE

Utilities ......................................................... $9,701,515 Court Costs........................................................ $350,000 County Subsidy ................................................. $12,454,000 County Subsidy for Jails .......................................... $6,775,000 County Workcamp Construction Grants ............................... $--0-- Grants for Local Jails .............................................. $200,000 Central Repair Fund .............................................. $750,000 Payments to Central State
Hospital for Meals ............................................. $3,262,000 Payment to Central State
Hospital for Utilities ........................................... $1,258,000 Payments to Public Safety
for Meals........................................................ $350,000 Inmate Release Fund ............................................. $1,125,000 Health Services Purchases ....................................... $15,548,832 Payments to MAG for Health
Care Certification ................................................. $50,000 University of Georgia--
Cooperative Extension Service Contracts ........................... $304,000 Minor Construction Fund ............................................ $--0-- Authority Lease Rentals ............................................ $200,000 Total Funds Budgeted .......................................... $470,190,198 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $461,867,871

Departmental Functional Budgets

Total Funds

State Funds

Administration

$ 155,475,171 $ 154,976,668

Institutions and Support

$ 249,324,417 $ 247,817,417

Probation

$ 65,390,610 $ 59,073,786

Total

$ 470,190,198 $ 461,867,871

B. Budget Unit: Board of Pardons and Paroles ....................... $29,194,193 Board of Pardons and Paroles Budget: Personal Services................................................ $22,203,076 Regular Operating Expenses......................................... $751,275 Travel ............................................................ $723,060 Motor Vehicle Purchases............................................ $230,000 Equipment ........................................................ $348,079 Computer Charges ................................................. $540,159 Real Estate Rentals .............................................. $1,464,400 Telecommunications ................................................ $860,306 Per Diem, Fees and Contracts ..................................... $1,160,938 County Jail Subsidy ................................................ $912,900 Total Funds Budgeted ........................................... $29,194,193 State Funds Budgeted ........................................... $29,194,193

Section 16. Department of Defense. Budget Unit: Department of Defense Operations Budget: Personal Services. ................ Regular Operating Expenses....... Travel .......................... Motor Vehicle Purchases.......... Equipment ......................

$5,622,287
$8,374,512 $4,212,153 . . $77,604 . . . $41,500 . . . $57,525

WEDNESDAY, MARCH 15, 1989

2259

Computer Charges .................................................. $22,155 Real Estate Rentals .................................................. $5,760 Telecommunications ................................................ $154,276 Per Diem, Fees and Contracts....................................... $196,500 Grants to Locals--Emergency
Management Assistance........................................ $1,044,200 Grants--Others ..................................................... $51,000
Georgia Military Institute Grant ............................................................ $18,000
Civil Air Patrol Contract............................................ $42,000 Capital Outlay ................................................... $1,182,133 Grants to Armories .................................................. $66,315 Repairs and Renovations............................................ $180,000 Total Funds Budgeted .......................................... $15,725,633 State Funds Budgeted ............................................ $5,622,287

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General

$ 1,393,490 $ 1,314,373

Georgia Emergency Management Agency

$ 3,236,604 $ 1,026,912

Georgia Air National Guard

$ 3,764,149 $

534,991

Georgia Army National Guard

$ 7,331,390 $ 2,746,011

Total

$ 15,725,633 $ 5,622,287

Section 17. State Board of Education--Department of Education. Budget Unit: Department of Education ........................... $2,734,805,903 Operations: Personal Services. ............................................... $41,941,985 Regular Operating Expenses....................................... $4,711,221 Travel .......................................................... $1,721,493 Motor Vehicle Purchases............................................. $91,783 Equipment ........................................................ $538,416 Computer Charges ............................................ $11,391,805 Real Estate Rentals .............................................. $2,411,867 Telecommunications ................................................ $796,133 Per Diem, Fees and Contracts .................................... $21,609,874 Utilities ........................................................... $870,888 Capital Outlay .................................................... $317,000 QBE Formula Grants: Kindergarten/Grades 1--3 ...................................... $696,795,169 Grades 4--8 ................................................... $570,677,770 Grades 9--12 ............................................... $275,535,441 High School Laboratories ........................................ $84,426,366 Vocational Education Laboratories .................................................. $88,409,045 Special Education .............................................. $199,141,724 Gifted.......................................................... $23,425,300 Remedial Education ............................................. $48,280,248 Staff Development ............................................... $7,067,368 Professional Development........................................ $18,590,998 Media........................................................ $94,603,605 Indirect Cost .................................................. $506,118,633 Pupil Transportation ........................................... $111,276,321

2260

JOURNAL OF THE SENATE

Isolated Schools..................................................... $--0-- Local Fair Share .............................................. $(479,520,239) Other Categorical Grants: Equalization Formula........................................... $131,572,698 Sparsity Grants .................................................. $3,577,440 In School Suspension ............................................. $8,950,000 Special Instructional Assistance................................... $20,680,000 Middle School Incentive ......................................... $15,849,036 Special Education Low-
Incidence Grants ................................................. $100,000 Non-QBE Grants:
Education of Children of LowIncome Families .............................................. $94,501,492
Retirement (H.B. 272 and H.B. 1321) ....................................... $2,100,000
Instructional Services for the Handicapped.............................................. $23,177,937
Removal of Architectural Barriers ......................................................... $888,439
Tuition for the Multi-Handicapped............................................. $1,975,000
Severely Emotionally Disturbed .................................. $31,902,269 School Lunch (Federal) ......................................... $113,396,789 School Lunch (State) ............................................ $24,003,046 Supervision and Assessment of Students
and Beginning Teachers and Performance-Based Certification ................................. $6,575,151 Regional Education Service Agencies ............................................... $6,219,983 Georgia Learning Resources System ........................................................ $2,340,757 High School Program ............................................ $14,516,787 Special Education in State Institutions ........................................... $3,473,560 Governor's Scholarships........................................... $1,066,000 Special Projects .................................................... $360,000 Job Training Partnership Act .................................... $3,084,680 Vocational Research and Curriculum ...................................................... $366,540 Salaries and Travel of Public Librarians............................................... $9,359,269 Public Library Materials .......................................... $4,556,416 Talking Book Centers .............................................. $816,645 Public Library M&O............................................ $3,763,992 Grants to Local School Systems for Educational Purposes .......................................... $--0-- Child Care Lunch Program (Federal)............................................. $16,787,825 Chapter II--Block Grant Flow Through ................................................ $10,026,258 Payment of Federal Funds to Postsecondary Vocational Education ............................ $11,701,897 Innovative Programs.............................................. $2,453,089 Technology Grants ................................................. $850,000 Limited English--Speaking Students Program .............................................. $3,360,000 Drug Free School (Federal) ....................................... $2,700,000

WEDNESDAY, MARCH 15, 1989

2261

Translation Program for Refugees. . Emergency Immigrant Education
Program....................... Title II Math/Science Grant
(Federal) ...................... Robert C. Byrd Scholarship
(Federal) ...................... Public School Construction. ....... Local School Construction ........ Total Funds Budgeted ........... Indirect DOAS Services Funding . . State Funds Budgeted ............

Education Functional Budgets

Total Funds

State Administration

$ 3,971,390

Instructional Programs

$ 16,217,817

Governor's Honors Program

$ 1,199,359

Administrative Services

$ 23,536,504

Evaluation and Personnel Development

$ 19,396,753

Special Services

$ 4,396,724

Professional Standards Commission
Professional Practices Commission

$

287,980

$

566,251

Local Programs

$ 2,952,393,470

Georgia Academy for the Blind

$ 4,617,482

Georgia School for the Deaf

$ 7,429,765

Atlanta Area School for the Deaf

$ 4,782,440

Total

$ 3,038,795,935

Section 18. 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 19. Forestry Commission. Budget Unit: Forestry Commission .........

....... $100,000
....... $100,000
....... $345,900
....... $154,000 . . . . $14,700,000 . . . $115,112,826 . $3,038,795,935 ....... $340,000 . . $2,734,805,903

State Funds $ 3,690,455 $ 9,042,374 $ 1,159,366 $ 18,978,229

$ 19,008,406 $ 3,044,289

$

287,980

$

566,251

$ 2,663,095,282

$ 4,406,864 $ 7,153,424

$ 4,372,983 $ 2,734,805,903

........ $--0--
$1,009,552 $125,000
... $8,000 . . . $--0-- .... $7,000
$289,000 . $124,000 . . $32,000
$718,000 . . . $--0-- . . . $--0-- $2,312,552 . . . $--0--

$36,654,112

2262

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 ................. Contractual Research ......................... Payments to the University of Georgia, School of Forestry for Forest Research ........................ Ware County Grant for Southern Forest World .............................. Ware County Grant for Road Maintenance ............................... Wood Energy Program ....................... Capital Outlay ............................... Total Funds Budgeted ........................ State Funds Budgeted ........................

Forestry Commission Functional Budgets

Total Funds

Reforestation

$ 5,225,074

Field Services

$ 34,644,193

Wood Energy
General Administration and Support

$

32,088

$ 2,380,657

Total

$ 42,282,012

Section 20. 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 .......................... Capital Outlay ............................... Total Funds Budgeted ........................ Total State Funds Budgeted ..................

Georgia Bureau of Investigation Functional Budgets

Total Funds

Administration

$ 3,011,417

Drug Enforcement

$ 6,660,871

Investigative

$ 10,691,312

$28,629,449 $6,922,549
$144,520 .... $1,228,810 .... $2,860,173 ...... $154,806 ....... $39,174 ...... $842,267 ...... $478,764
$310,000

....... $--0--
....... $30,000
....... $60,000 $30,500
...... $551,000 $42,282,012 $36,654,112

State Funds

$ 2,040,034

$ 32,230,256

$

32,088

$ 2,351,734 $ 36,654,112

$33,935,615
. . , $24,221,001 . . $2,509,438
$646,760 ...... $529,650
$695,768 . . . . $1,004,000
$1,785,200 . $1,955,798
$43,000 ... $500,000 ....... $45,000 $33,935,615 . $33,935,615

State Funds $ 3,011,417 $ 6,660,871 $ 10,691,312

WEDNESDAY, MARCH 15, 1989

2263

Georgia Crime Information Center
Forensic Sciences
Total

$ 6,871,329 $ 6,700,686 $ 33,935,615

Section 21. Office of the Governor.

Budget Unit: Office of the Governor

Personal Services................

Regular Operating Expenses......

Travel .........................

Motor Vehicle Purchases

Equipment .....................

Computer Charges ..............

Real Estate Rentals .............

Telecommunications .............

Per Diem, Fees and Contracts .

Cost of Operations ..............

Mansion Allowance ..............

Governor's Emergency Fund

Intern Stipends and Travel

Art Grants of State Funds .......

Art Grants of Non-State Funds

Humanities Grant--State Funds

Art Acquisitions--State Funds

Children's Trust Fund Grants .

Children and Youth Grants ......

Juvenile Justice Grants ..........

Payments to Hazardous Waste

Management Authority ........

Total Funds Budgeted

....

State Funds Budgeted

Office of the Governor Functional Budgets

Governor's Office
Office of Fair Employment Practices
Office of Planning and Budget
Council for the Arts
Office of Consumer Affairs
State Energy Office
Vocational Education Advisory Council
Office of Consumers' Utility Council
Criminal Justice Coordinating Council
Juvenile Justice Coordinating Council
Commission on Children and Youth

Total Funds 6,221,258

856,494

$ 5,764,205 $ 3,936,074 $ 2,144,435 $ 32,405,666

341,005

$

650,834

$

714,486

$ 1,519,390

$ 1,406,176

6,871,329
6,700,686
33,935,615
$21,918,397 . $9,458,962 . . . $476,338 . . . $185,775 .... $--0-- .... $55,834 . . . $148,637
$648,661 . . . $210,395 $32,017,776 . $2,869,258 . . $40,000 . $3,150,000
$162,000 $2,850,000 . $331,600
$50,000 . . $40,000
$900,000 . . $100,000
$1,262,925
. $1,125,000 $56,083,161 $21,918,397

State Funds 6,221,258

$

779,840

5,764,205 3,417,010 2,144,435
326,982

151,445

650,834

460,607

472,467

1,406,176

2264

JOURNAL OF THE SENATE

Growth Strategies Commission Human Relations Commission Total

__Q__
123,138 56,083,161

--0-- 123,138 21,918,397

Section 22. Department of Human Resources. A. Budget Unit: Departmental Operations........................... $467,647,355
1. General Administration and Support Budget: Personal Services................................................ $57,457,301 Regular Operating Expenses....................................... $3,183,195 Travel .......................................................... $1,508,450 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $225,565 Computer Charges ............................................... $2,391,243 Real Estate Rentals .............................................. $5,136,644 Telecommunications .............................................. $1,115,706 Per Diem, Fees and Contracts ..................................... $2,568,280 Utilities ........................................................... $329,440 Postage ......................................................... $1,221,961 Capital Outlay ...................................................... $--0-- Institutional Repairs and Maintenance ..................................................... $116,700 Payments to DMA-- Community Care ............................................... $8,893,100 Service Benefits for Children ..................................... $12,696,000 Special Purpose Contracts .......................................... $258,000 Purchase of Service Contracts .................................... $36,039,845 Total Funds Budgeted .......................................... $133,141,430 Indirect DOAS Services Funding .................................... $638,300 State Funds Budgeted ........................................... $62,795,275

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

798,516 $

798,516

Administrative Appeals

$ 1,850,632 $ 1,448,627

Administrative Policy, Coordination, and Direction

$

339,894 $

339,894

Personnel

$ 1,814,565 $ 1,768,548

Indirect Cost

$

--0-- $ (5,733,440)

Facilities Management

$ 5,105,154 $ 3,573,459

Public Affairs

$

575,196 $

575,196

Community/ Intergovernmental Affairs

$

652,178 $

652,178

Budget Administration Financial Services

$ 1,711,377 $ 1,711,377 $ 5,410,215 $ 5,210,215

Auditing Services

$ 2,104,445 $ 2,104,445

Special Projects

$

524,000 $

524,000

Office of Children and Youth

$ 12,696,000 $ 12,103,358

Planning Councils

$

501,971 $

148,760

Community Services Block Grant

$ 9,103,127 $

--0--

WEDNESDAY, MARCH 15, 1989

2265

Regulatory Services-- Program Direction and Support
Child Care Licensing

840,900 2,577,137

763,499 2,567,137

Laboratory Improvement

849,656

508,661

Health Care Facilities Regulation

4,116,392

1,172,768

Compliance Monitoring

429,985

429,985

Radiological Health

858,741

640,993

Fraud and Abuse

5,828,796

347,921

Child Support Recovery

22,735,888

3,353,316

Support Services Aging Services

$ 11,188,901

10,976,301

$ 39,172,616 $ 15,504,413

State Health Planning and Development Agency

$ 1,355,148 $ 1,305,148

Total

$ 133,141,430 $ 62,795,275

2. Public Health Budget:

Personal Services................................................ $49,198,982

Regular Operating Expenses...................................... $54,443,526

Travel .......................................................... $1,248,065

Motor Vehicle Purchases............................................. $--0--

Equipment ........................................................ $498,638

Computer Charges ................................................. $670,832

Real Estate Rentals ................................................ $953,460

Telecommunications ................................................ $722,305

Per Diem, Fees and Contracts ..................................... $3,543,066

Utilities ............................................................ $--0--

Postage ........................................................... $111,851

Crippled Children Clinics ........................................... $624,000

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

Kidney Disease Benefits ............................................ $400,000

Cancer Control Benefits .......................................... $2,766,470

Benefits for Medically Indigent

High-Risk Pregnant Women and

Their Infants .................................................. $2,291,549

Family Planning Benefits ........................................... $518,060

Grant-In-Aid to Counties ........................................ $69,668,594

Purchase of Service Contracts .................................... $12,068,888

Special Purpose Contracts ........................................ $6,400,500

Total Funds Budgeted .......................................... $220,576,804

Indirect DOAS Services Funding .................................... $549,718

State Funds Budgeted .......................................... $130,169,428

Public Health Functional Budgets

Total Funds

State Funds

Director's Office

$

825,066 $

627,841

Employees' Health

$

375,618 $

315,618

Health Program Management

$ 1,285,279 $ 1,200,279

Vital Records

$ 1,910,278 $ 1,769,375

2266

JOURNAL OF THE SENATE

Health Services Research Primary Health Care
Stroke and Heart Attack Prevention
Epidemiology
Immunization
Sexually Transmitted Diseases
Community Tuberculosis Center
Family Health Management
Infant and Child Health
Maternal Health--Perinatal
Family Planning
Malnutrition
Dental Health
Children's Medical Services
Chronic Disease
Diabetes
Cancer Control
Environmental Health
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
Aids
Total 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 Outlav ......................

$

843,469

$

815,213

$ 2,063,911

$ 1,960,870

$

599,292

$ 1,567,444

$ 1,551,844

$ 11,415,347

$ 10,468,423

$ 3,065,463

$ 11,050,585

$ 56,013,163

$ 1,790,881

$ 12,163,487

$ 1,461,024

$

695,708

$ 4,027,278

$

988,380

$ 5,520,492

$ 2,983,409

$ 10,559,299

$

936,370

$ 3,631,843

$ 4,460,868

$ 57,114,862

$

530,848

$ 3,059,110

$ 4,841,680

$ 220,576,804

$

620,651

$

749,280

$ 1,533,911

$

929,807

$

-- 0--

$

301,361

$ 1,551,844

$ 5,453,703

$ 9,301,513

$ 1,053,587

$ 6,222,745

$

-- 0--

$ 1,580,706

$ 9,929,425

$ 1,461,024

$

695,708

$ 3,965,876

$

499,608

$ 5,400,492

$ 1,922,909

$ 10,429,624

$

746,105

$ 3,141,843

$ 4,460,868

$ 50,411,038

$

425,563

$ 1,214,463

$ 2,252,661

$ 130,169,428

. $66,023,250 . . $9,857,613
$806,163 . . . $119,000 . . . . $367,573 . . $1,728,383 . $2,922,171 . . $1,430,350 . . $4,460,877 . . . . $977,500 . . . . . $--0--

WEDNESDAY, MARCH 15, 1989

2267

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

Total Funds

Program Direction and Support

$ 3,948,767

Grants Management

$

697,128

State Rehabilitation Facilities

$ 8,175,210

Roosevelt Warm Springs Institute

$ 18,219,762

Georgia Factory for the Blind

13,137,741

Disability Adjudication

24,032,018

Production Workshop

854,410

District Field Services

35,889,838

Independent Living

513,031

Sheltered Employment

1,567,425

Community Facilities

6,027,535

Bobby Dodd Workshop

420,150

Total

113,483,015

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 ................

.... $427,050
$242,500 $16,157,000 .... $52,000 .... $609,000 . . $7,302,585 $113,483,015 .... $100,000 . $24,949,076

State Funds

$ 1,627,090

$

552,125

$ 1,763,439

$ 4,827,754

$

645,179

$

--0--

$

--0--

$ 7,955,029

$

308,031

$

822,744

$ 6,027,535

$

420,150

$ 24,949,076

. $14,978,953 $1,518,649
. . . . $401,244 ..... $--0-- .... $147,916
$16,111,654 ... $226,365 . . $1,156,500 .. $5,300,480 .... $9,100 . $1,461,435 $292,654,362
$200,700,805 $47,192,489 .. $3,532,000 . . $2,260,000 $587,651,952 . $2,339,882 $249,733,576

2268

JOURNAL OF THE SENATE

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits
AFDC Payments
SSI--Supplemental Benefits
Energy Benefits
County DFACS Operations-- Social 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
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 Budget Unit Object Classes: Personal Services .................. Regular Operating Expenses ........ Travel ........................... Motor Vehicle Purchases ........... Equipment ....................... Computer Charges ................ Real Estate Rentals ...............

$ 1,329,923

$ 282,127,339

$

100

$ 10,051,000

$ 55,487,205

$ 87,287,195

$ 48,458,939

$ 6,991,195

$

2,425,00

$

886,211

$ 4,460,205

$ 4,085,142

$ 4,671,295

$ 18,930,426

$ 2,529,235

$

-- 0--

$ 2,318,389

$ 2,000,000

$ 19,986,700

$ 2,877,500

$

791,500

$ 3,319,700

$ 18,365,300

$

158,000

$

776,500

$ 1,231,500

$ 3,495,182

$ 2,611,271 $ 587,651,952

State Funds

$

-- 0--

$ 106,471,676

$

100

$

-0-

$ 10,483,607

$ 43,571,061

$ 23,305,900

$ 6,991,195

$

--0--

$

886,211

$ 3,760,112

$ 4,085,142

$ 2,224,915

$ 7,071,489

$ 2,529,235

$ (6,658,248)

$ 1,908,631

$ 2,000,000

$ 13,361,111

$ 2,363,073

$

619,059

$ 2,394,758

$ 15,865,300

$

158,000

$

776,500

$ 1,203,431

$ 3,030,182

$ 1,331,136
$ 249,733,576
$187,658,486 . . . $69,002,983 . . . . . $3,963,922 ....... $119,000 . . . . . $1,239,692 . . . . $20,902,112
. . $9,238,640

WEDNESDAY, MARCH 15, 1989

2269

Telecommunications .............................................. $4,424,861 Per Diem, Fees and Contracts.................................... $15,872,703 Utilities ......................................................... $1,316,040 Postage ......................................................... $3,222,297 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 ........................................... $624,000 Kidney Disease Benefits ............................................ $400,000 Cancer Control Benefits .......................................... $2,766,470
Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .................................................. $2,291,549
Family Planning Benefits ........................................... $518,060 Grant-In-Aid to Counties ........................................ $69,668,594 Payments to DMA-Community Care ............................... $8,893,100 Service Benefits for Children ..................................... $59,888,489 Case Services ................................................... $16,157,000 E.S.R.P. Case Services ............................................... $52,000 Cash Benefits .................................................. $292,654,362 Grants for County DFACS--
Operations. .................................................. $200,700,805 Institutional Repairs
and Maintenance................................................. $359,200 Special Purpose Contracts ....................................... $10,799,500 Purchase of Service Contracts .................................... $57,671,318
B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions ..... $509,387,039
Departmental Operations: Personal Services............................................... $387,224,175 Regular Operating Expenses...................................... $34,683,017 Travel .......................................................... $1,067,360 Motor Vehicle Purchases............................................ $574,700 Equipment ...................................................... $3,532,035 Computer Charges ............................................... $4,793,811 Real Estate Rentals ................................................ $869,400 Telecommunications .............................................. $3,015,949 Per Diem, Fees and Contracts ..................................... $5,922,070 Utilities ........................................................ $13,668,100 Capital Outlay ................................................... $8,967,300 Authority Lease Rentals .......................................... $2,451,904 Institutional Repairs and
Maintenance ................................................... $7,135,700
Grants to County-Owned Detention Centers .............................................. $2,222,850
Substance Abuse Community Services ........................................... $35,239,156
Mental Retardation Community Services ........................................... $88,358,941
Mental Health Community Services ........................................... $14,251,954
Community Mental Health Center Services ............................................... $52,226,910
Special Purpose Contract ......................................... $1,424,600

2270

JOURNAL OF THE SENATE

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
Georgia Retardation Center
Georgia Mental Health Institute
Georgia Regional Hospital at Augusta
Northwest Regional Hospital at Rome
Georgia Regional Hospital at Atlanta
Central State Hospital
Georgia Regional Hospital at Savannah
Gracewood State School and Hospital
West Central Georgia Regional Hospital
Outdoor Therapeutic Program
Mental Health Community Assistance

$ 38,527,078 $ 32,559,378 $ 28,519,856 $ 22,777,474
$ 31,556,318 $ 29,953,272 $ 133,210,314 $ 24,263,551 $ 46,204,793 $ 22,543,299 $ 3,245,186 $ 9,203,569

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

$ 3,542,186

$ 67,818,895 $ 13,921,354

$

618,786

$

447,950

$ 1,211,035

$ 52,226,910

$

383,300

$ 1,721,751

$

291,930

$

330,600

$ 3,495,173

$597,000 $670,588,317 . . . $2,404,100 ... $509,387,039

State Funds $ 26,223,656 $ 16,647,212

$ 25,835,779

$ 19,044,699

$ 24,723,505

$ 24,172,612 $ 90,608,836

$ 21,247,000

$ 25,753,693

$ 17,775,374 $ 3,090,186

$ 9,112,449

$ 2,597,832

$ 40,082,895 $ 13,158,431

$

604,540

$

447,950

$ 1,211,035

$ 42,049,561

$

383,300

$ 1,467,651

$

291,930

$

330,600

$ 3,495,173

WEDNESDAY, MARCH 15, 1989

2271

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

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 .......................

15,578,793
76,900 9,572,615
21,506,317 14,178,605 8,902,874 4,015,954 3,838,440 12,642,908 2,782,795
959,601 678,808 3,823,534
697,861
412,034
2,346,320 670,588,317

$ 15,578,793

$

76,900

$ 7,763,196

$ 21,092,317

$ 13,809,505

$ 8,831,174

$ 3,898,054

$ 3,737,340

$ 12,642,908

$ 2,782,795

$

959,601

$

678,808

$ 3,723,534

$

697,861

$

412,034

$ 2,346,320 $ 509,387,039

$18,928,581
. $7,521,714 $1,683,941 . $349,445 $34,880
.... $72,287 $134,342 $635,968 $252,450 $297,370 $245,000
. $5,651,184
$2,745,000
. . . . $90,000
$25,000
. . . . $50,000 .... $35,000
. . . $100,000

2272

JOURNAL OF THE SENATE

Contract--Georgia Association of Broadcasters ................................................... $53,000
Southern Center for International Studies .............................................. $25,000
Music Hall of Fame ................................................. $50,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $20,051,581
State Funds Budgeted ........................................... $18,928,581

Department of Industry and Trade Functional Budgets

Administration Economic Development Tourism Total

Total Funds $ 6,716,463 $ 5,084,655 $ 8,250,463 $ 20,051,581

State Funds $ 5,906,463 $ 4,911,655 $ 8,110,463 $ 18,928,581

Section 24. Department of Insurance.

Budget Unit: Department of Insurance.............................. $13,231,258

Operations Budget:

Personal Services................................................ $11,365,135

Regular Operating Expenses......................................... $567,900

Travel ............................................................ $892,528

Motor Vehicle Purchases............................................ $139,900

Equipment ........................................................ $124,889

Computer Charges ................................................. $425,900

Real Estate Rentals ................................................ $515,100

Telecommunications ................................................ $215,800

Per Diem, Fees and Contracts ........................................ $50,500

Total Funds Budgeted ........................................... $14,297,652

State Funds Budgeted ..............................

$13,231,258

Department of Insurance Functional Budgets

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

Total Funds

$ 2,038,161

$ 6,545,218

$

601,266

$ 5,113,007 $ 14,297,652

State Funds

$ 2,038,161

$ 6,415,218

$

601,266

$ 4,176,613 $ 13,231,258

Section 25. Department of Labor. Budget Unit: Department of Labor .................................. $6,500,787 State Operations: Personal Services................................................ $61,099,018 Regular Operating Expenses....................................... $6,455,700 Travel ............................................................ $830,400 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $450,109 Computer Charges ............................................... $3,540,150 Real Estate Rentals .............................................. $1,305,727 Telecommunications .............................................. $1,423,695 Per Diem, Fees and Contracts (JTPA) ............................................. $63,102,011

WEDNESDAY, MARCH 15, 1989

2273

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

Executive Offices
Administrative Services
Employment and Training Services
Total

Total Funds $ 8,006,311 $ 16,675,514
$ 119,711,540 $ 144,393,365

. . $889,999 ... $--0-- . $1,774,078
$3,522,478 $144,393,365
$6,500,787
State Funds 261,954
1,480,069
4,758,764 6,500,787

Section 26. Department of Law. Budget Unit: Department of Law.................................... $8,513,322 Attorney General's Office Budget: Personal Services................................................. $7,651,249 Regular Operating Expenses......................................... $414,072 Travel ............................................................ $132,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $31,680 Computer Charges ................................................. $203,321 Real Estate Rentals ................................................ $413,900 Telecommunications ................................................. $88,000 Per Diem, Fees and Contracts ........................................ $60,000 Books for State Library............................................. $110,000 Total Funds Budgeted ............................................ $9,104,222 State Funds Budgeted ............................................ $8,513,322

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services ................................... $557,780,455 Departmental Operations Budget: Personal Services................................................ $12,589,300 Regular Operating Expenses......................................... $498,086 Travel ............................................................ $190,500 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $61,727 Computer Charges .............................................. $12,528,544 Real Estate Rentals ................................................ $935,973 Telecommunications ................................................ $392,900 Per Diem, Fees and Contracts .................................... $19,869,556 Medicaid Benefits, Penalties and Disallowances ........................................... $1,528,056,917 Payments to Counties for Mental Health ................................................ $29,684,864 Audit Contracts .................................................... $772,500 SFY 1988 Benefits ............................................... $5,304,460 Total Funds Budgeted ......................................... $1,610,885,327 State Funds Budgeted .......................................... $557,780,455
Medical Assistance Functional Budgets

Commissioner's Office Program Management

Total Funds $ 1,278,979 $ 24,710,746

State Funds

$

552,648

$ 3,684,465

2274

JOURNAL OF THE SENATE

Systems Management Administration Program Integrity Benefits, Penalties and Disallowances Total

$ 15,007,112 $ 2,576,099 $ 4,266,150 $ 1,563,046,241 $ 1,610,885,327

$ 4,144,643

$

432,300

$ 1,704,446

$ 547,261,953

$ 557,780,455

Section 28. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration ......... . $26,093,000

Departmental Operations Budget:

Personal Services ..........................

...... $7,238,690

Regular Operating Expenses ................

...... $1,025,088

Travel ...................................

......... $71,000

Equipment ...............................

......... $55,470

Computer Charges ........................

...... $2,845,767

Real Estate Rentals .......................

.... $754,119

Telecommunications .......................

........ $127,000

Per Diem, Fees and Contracts ..............

. . $42,006,835

Health Insurance Payments ................

. . $508,151,513

Total Funds Budgeted .....................

. . . . $562,275,482

Agency Assessments .......................

... $9,289,549

Employee and Employer

Contributions ...........................

... $526,819,189

Deferred Compensation ...................

......... $73,744

State Funds .............................

...... $26,093,000

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services

$ 2,509,632 $

-- 0--

Classification and Compensation

$ 1,130,788 $

-- 0--

Flexible Benefits

$ 1,206,597 $

-- 0--

Employee Training and Development

$ 1,294,553 $

-- 0--

Health Insurance Administration

$ 13,397,867 $

-- 0--

Health Insurance Claims Internal Administration

$ 539,225,328 $ 26,093,000

$ 1,970,725 $

-- 0--

Commissioner's Office

$ 1,539,992 $

-- 0--

Total

$ 562,275,482 $ 26,093,000

Section 29. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources .............. ...... $86,003,332

Operations Budget:

Personal Services. ........................

. .... $56,841,523

Regular Operating Expenses ...............

...... $10,911,440

Travel ..................................

.... $497,390

Motor Vehicle Purchases ..................

....... $1,521,566

Equipment ..............................

....... $1,688,247

Computer Charges .......................

......... $784,603

Real Estate Rentals ......................

....... $1,687,930

Telecommunications ......................

....... $1,089,755

Per Diem, Fees and Contracts .............

...... $1,704,190

WEDNESDAY, MARCH 15, 1989

2275

Land and Water Conservation Grants .......................................................... $900,000
Recreation Grants ................................................ $1,233,000 Contract with U. S. Geological
Survey for Ground Water Resources Survey ............................................... $300,0000 Contract with U. S. Geological Survey for Topographic Maps ..................................... $125,000 Capital Outlay--Repairs and Maintenance............................................... $2,029,000 Capital Outlay--Shop StockParks ........................................................... $350,000 Capital Outlay--Heritage Trust ..................................... $225,000 Authority Lease Rentals .......................................... $1,100,000 Cost of Material for Resale ....................................... $2,210,000 Payments to Lake Lanier Islands Development Authority ............................................ $--0-- Contract--Special Olympics, Inc. .................................... $206,000 Georgia Sports Hall of Fame ......................................... $50,000 Capital Outlay--Heritage Trust-- Wildlife Management Area Land Acquisition ....................... $485,000 Capital Outlay--User Fee Enhancements--Parks .......................................... $1,848,000 Capital Outlay--Buoy Maintenance ...................................................... $20,000 Capital Outlay--Consolidated Maintenance--Game and Fish ..................................... $751,744 Technical Assistance Contract ....................................... $125,000 Capital Outlay ................................................... $8,375,000 Contract--Georgia Rural Water Association ................................................. $10,000 Contract--Corps of Engineers (Cold Water Creek St. Park) ...................................... $200,000 Advertising and Promotion .......................................... $150,000 Payments to Georgia Agricultural Exposition Authority ........................................... $2,152,100 Historic Preservation Grant ......................................... $275,000 Environmental Facilities Grant .................................... $7,500,000 Georgia Boxing Commission ........................................... $7,000 Lanier Regional Committee .......................................... $13,000 Paving at State Parks and Historic Sites .................................................... $500,000 Grant--Chehaw Park Authority ..................................... $250,000 Grant--Zoo Atlanta ................................................ $250,000 Total Funds Budgeted .......................................... $108,366,488 Receipts from Jekyll Island State Park Authority ............................................. $314,594 Receipts from Stone Mountain Memorial Association ............................................. $315,000 Indirect DOAS Funding ............................................ $200,000 State Funds Budgeted ...................................... $86,003,332

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration

$ 14,181,693 $ 13,552,099

Game and Fish

$ 27,704,112 $ 24,011,726

2276

JOURNAL OF THE SENATE

Parks, Recreation and Historic Sites
Environmental Protection
Coastal Resources Total

$ 37,778,448 $ 26,977,198 $ 1,725,037 $ 108,366,488

B. Budget Unit: Georgia Agricultural Exposition Authority 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 ...............................

Functional Budget

Total Funds

Georgia Agricultural Exposition Authority

2,152,100

23,410,356
23,389,114
1,640,037
86,003,332
$--0--
. $838,059 . . $677,552 . . $25,000 . . $77,900 . . $295,280 . . . . $5,814 .... $2,400 . . . . $9,600 . . $220,495 . . . $--0-- $2,152,100 . . . $--0--

State Funds

$

--0--

Section 30. 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

Total Funds

Administration

16,177,813

Driver Services

16,202,828

Field Operations

47,423,996

Total

79,804,637

$78,154,637
. $59,687,770 . . $8,859,459 . . . . $167,250 .. $2,617,532 . . . . $943,481
$4,224,364 ..... $45,018
$1,311,813 .... $258,850 ... $232,500
... $200,000 . . . . $275,000
. $981,600 . $79,804,637 . . $1,650,000 . $78,154,637
State Funds
16,177,813
14,552,828
47,423,996 78,154,637

B. Budget Unit: Units Attached for Administrative Purposes Only

$14,006,961

WEDNESDAY, MARCH 15, 1989

2277

1. Attached Units Budget: Personal Services................................................. $6,928,399 Regular Operating Expenses....................................... $2,361,826 Travel ............................................................ $134,000 Motor Vehicle Purchases............................................. $61,870 Equipment ........................................................ $233,183 Computer Charges ................................................. $363,312 Real Estate Rentals ................................................. $92,687 Telecommunications ................................................ $159,000 Per Diem, Fees and Contracts ..................................... $1,049,800 Peace Officers Training Grants .................................... $2,672,323 Capital Outlay ..................................................... $100,000 Total Funds Budgeted ........................................... $14,156,400 State Funds Budgeted ........................................... $13,671,400
2. Office of Highway Safety Budget: Personal Services................................................... $440,551 Regular Operating Expenses.......................................... $29,600 Travel ............................................................. $13,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $--0-- Computer Charges .................................................. $40,000 Real Estate Rentals ................................................. $69,988 Telecommunications .................................................. $5,000 Per Diem, Fees and Contracts ........................................ $18,800 Highway Safety Grants ........................................... $3,500,000 Total Funds Budgeted ............................................ $4,116,939 State Funds Budgeted .............................................. $335,561
Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety

$ 4,116,939 $

335,561

Georgia Peace Officers Standards and Training

$ 4,699,985 $ 4,699,985

Police Academy

$

939,682 $

919,682

Fire Academy

$ 1,262,519 $ 1,182,519

Georgia Firefighters Standards and Training Council

$

419,356 $

419,356

Organized Crime Prevention Council

$

293,052 $

293,052

Georgia Public Safety Training Facility

$ 6,541,806 $ 6,156,806

Total

$ 18,273,339 $ 14,006,961

Section 31. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ........... $13,915,342 Departmental Operations Budget: Payments to Employees' Retirement System ............................................... $291,342 Employer Contributions ......................................... $13,624,000 Total Funds Budgeted ........................................... $13,915,342 State Funds Budgeted ........................................... $13,915,342

Section 32. Public Service Commission.

Budget Unit: Public Service Commission ............................. $7,840,796

Departmental Operations Budget:

Personal Services................................................. $6,416,704

Regular Operating Expenses....................................

$401,012

2278

JOURNAL OF THE SENATE

Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Total Funds Budgeted .................................... State Funds Budgeted ....................................

Public Service Commission Functional Budgets

Administration Transportation Utilities Total

Total Funds $ 1,596,231 $ 3,080,945 $ 4,619,960 $ 9,297,136

Section 33. Board of 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 Forestry Research ........................................ Research Consortium ..................................... Eminent Scholars Program Capital Outlay ........................................... Total Funds Budgeted .................................... Departmental Income..................................... Sponsored Income........................................ Other Funds ............................................. Indirect DOAS Services Funding State Funds Budgeted ....................................

B. Budget Unit: Regents Central Office and Other Organized Activities ......................................
Regents Central Office and Other Organized Activities Budgets: 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..................................... Advanced Technology Development Center....................................

. $247,660 . . . $83,491
$163,148 . . $331,000 . . $288,369 . . $115,752 $1,250,000 $9,297,136 $7,840,796
State Funds 1,596,231 1,797,745 4,446,820 7,840,796
$759,827,630
. . $770,863,522 $110,000,000
$201,867,611 $125,000,000 $14,000,000
$346,605 ...... $377,917
$300,000 ....... $--0-- ....... $--0--
$21,925,000 $1,244,680,655
$29,000,000 . . $235,000,000 . . $217,825,725 . . . . $3,027,300 . . $759,827,630
$143,184,352
$187,212,287 $62,160,402
$85,578,922 $29,260,707
.... $270,780 $2,048,179
. $1,435,050

WEDNESDAY, MARCH 15, 1989

2279

Capitation Contracts for Family Practice Residency
Residency Capitation Grants Student Preceptorships Center for Rehabilitation
Technology ...................... SREB Payments ................... Medical Scholarships ............... Regents Opportunity Grants Regents Scholarships Rental Payments to Georgia
Military College .................. CRT Inc. Contract at Georgia Tech
Research Institute ................ Total Funds Budgeted Departmental Income Sponsored Income .................. Other Funds ....................... Indirect DOAS Services Funding State Funds Budgeted

..... $2,677,250 $2,556,660 $158,000
....... $714,637 $12,521,000
....... $839,750 ....... $600,000 ....... $200,000
....... $818,346
....... $211,000 . . . $389,262,970 ....... $--0--
$91,421,109 $154,101,809 ....... $555,700 . . . $143,184,352

Regents Central Office and Other Organized Activities Functional Budgets

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute
Georgia Tech Research Institute
Education Extension Services
Agricultural Experiment Station
Cooperative Extension Service
Eugene Talmadge Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office
Total

Total Funds $ 1,867,811 $ 3,581,555 $ 1,527,038 $ 111,446,413 $ 6,242,888 $ 50,227,473 $ 48,512,267 $ 130,142,722 $ 2,953,426 $ 2,334,750 $ 5,767,380 $ 1,947,105 $ 2,413,747 $ 20,298,395 $ 389,262,970

State Funds

$ 1,182,103

$ 1,518,237

$

931,338

$ 12,839,713

$ 2,260,088

$ 33,766,696

$ 32,985,567

$ 28,117,195

$ 2,953,426

$

501,750

$ 5,767,380

$

-- 0--

$

62,464

$ 20,298,395

$ 143,184,352

2280

JOURNAL OF THE SENATE

C. Budget Unit: Georgia Public Telecommunications Commission ....... $7,219,510 Public Telecommunications Commission Budget: Personal Services................................................. $5,415,229 Operating Expenses .............................................. $6,351,258 Total Funds Budgeted ........................................... $11,766,487 Other Funds ..................................................... $4,546,977 State Funds Budgeted ............................................ $7,219,510

Section 34. Department of Revenue. Budget Unit: Department of Revenue............................... $68,795,693 Operations Budget: Personal Services. ............................................... $45,682,432 Regular Operating Expenses....................................... $3,849,600 Travel .......................................................... $1,339,000 Motor Vehicle Purchases............................................ $168,100 Equipment ........................................................ $738,892 Computer Charges ............................................... $7,964,608 Real Estate Rentals .............................................. $2,676,452 Telecommunications ................................................ $723,500 Per Diem, Fees and Contracts ....................................... $290,050 County Tax Officials/Retirement and FICA ..................................................... $1,904,000 Grants to Counties/Appraisal Staff .......................................................... $1,430,000 Motor Vehicle Tags and Decals.................................... $2,750,000 Postage ......................................................... $3,124,059 Total Funds Budgeted ........................................... $72,640,693 Indirect DOAS Services Funding .................................. $3,845,000 State Funds Budgeted ........................................... $68,795,693

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration

$ 4,608,891 $ 4,608,891

Internal Administration

$ 9,914,741 $ 9,714,741

Electronic Data Processing

$ 3,015,337 $ 2,797,337

Field Services

$ 15,738,661 $ 15,438,661

Income Tax Unit

$ 8,088,501 $ 7,131,501

Motor Vehicle Unit

$ 15,259,023 $ 13,627,023

Central Audit Unit

$ 6,414,501 $ 6,414,501

Property Tax Unit

$ 4,454,581 $ 4,373,581

Sales Tax Unit

$ 5,146,457 $ 4,689,457

Total

$ 72,640,693 $ 68,795,693

Section 35. Secretary of State. Budget Unit: Secretary of State ... Personal Services................ Regular Operating Expenses..... Travel ......................... Motor Vehicle Purchases......... Equipment ..................... Computer Charges .............. Real Estate Rentals ............

$21,712,634 $14,413,296 . $2,508,509
$235,200 . . $146,403 .... $77,428 . . . $725,147
$2,242,319

WEDNESDAY, MARCH 15, 1989

2281

Telecommunications ......... Per Diem, Fees and Contracts Election Expenses ........... Total Funds Budgeted....... State Funds Budgeted ......

State Functional Budgets

Total Funds

Internal Administration

$ 2,985,387

Archives and Records

$ 4,949,975

Business Services and Regulation

$ 4,280,535

Elections and Campaign Disclosure

$ 1,171,608

Drugs and Narcotics

$

942,873

State Ethics Commission

$

184,258

Occupational Certification

$ 7,197,998

Total

$ 21,712,634

rtification Functional Budgets

Board Costs

S.B. of Accountancy

$

40,500

S.B. of Architects

$

113,000

S.B. of of Athletic Trainers

$

800

Georgia Auctioneers Commission

$

5,750

S.B. of Barbers

$

23,380

G.B. of Chiropractic Examiners

$

28,500

State Construction Industry Licensing Board

$

122,500

S.B. of Cosmetology

$

49,500

G.B. of Dentistry

$

63,750

G.B. of Examiners of Licensed Dieticians

$

10,000

S.B. of Professional Engineers and Land Surveyors

$

88,300

S.B. of Registration for Foresters

$

3,800

S.B. of Funeral Services

$

26,000

S.B. of of Registration for Professional Geologists

$

6,800

S.B. of Hearing Aid Dealers and Dispensers

$

8,500

G.B. of Landscape Architects

$

21,600

........ $274,476 ........ $589,856 ........ $500,000 . . . . . $21,712,634 ... $21,712,634

State Funds $ 2,985,387 $ 4,949,975

$ 4,280,535

$ 1,171,608

$

942,873

$

184,258

$ 7,197,998

$ 21,712,634

Cost of Operations

$

216,474

$

251,417

$

3,397

$

48,597

$

165,726

$

122,250

$

637,275

$

896,635

$

306,785

$

18,144

$

391,463

$

29,406

$

188,170

$

16,994

$

21,671

$

31,217

2282

JOURNAL OF THE SENATE

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 .....................

3,965 $

20,966

16,000 $
115,000 $
16,000 $ 79,000 $ 10,500 $
20,000 $ 10,000 $ 84,500 $ 17,000 $ 7,500 $ 7,000 $
55,500 $
15,000 $
21,500 $ 8,500 $
7,500 $
15,000 $

113,073
1,193,058
41,555 1,081,927
38,664
47,369 18,900 541,543 70,530 21,129 30,669
592,702
315,722
59,859 21,048
29,894
203,990

13,850 $ 45,000 $

49,920 81,987

12,100 1,200,595

$

182,652

$ 8,114,358

..... $1,552,017

......... $882,298 ......... $139,235 .......... $12,000 .......... $16,734 .......... $10,330 ......... $234,920

WEDNESDAY, MARCH 15, 1989

2283

Real Estate Rentals ................................................ $108,500 Telecommunications ................................................. $47,000 Per Diem, Fees and Contracts ....................................... $101,000 Total Funds Budgeted ............................................ $1,552,017 State Funds Budgeted ............................................ $1,552,017

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$ 1,552,017 $ 1,592,017

Section 36. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee................. $1,775,968 Soil and Water Conservation Budget: Personal Services .................................................. $829,755
Regular Operating Expenses......................................... $119,206 Travel ............................................................. $55,000 Motor Vehicle Purchases............................................. $--0--
Equipment ......................................................... $11,516 Computer Charges ................................................... $6,635
Real Estate Rentals ................................................. $44,660 Telecommunications ................................................. $15,500
Per Diem, Fees and Contracts ....................................... $155,300 County Conservation Grants ........................................ $538,396
Total Funds Budgeted ............................................ $1,775,968 State Funds Budgeted ............................................ $1,775,968

Section 37. Student Finance Commission. Budget Unit: Student Finance Commission .......................... $20,569,394 Administration Budget: Personal Services................................................. $3,975,904 Regular Operating Expenses......................................... $373,300 Travel ............................................................. $65,800 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $19,395 Computer Charges ................................................. $285,000 Telecommunications ................................................ $125,000 Per Diem, Fees and Contracts ........................................ $17,500 Payment of Interest and Fees ....................................... $381,625 Guaranteed Educational Loans .................................... $4,110,000 Tuition Equalization Grants...................................... $13,338,227 Student Incentive Grants ......................................... $5,020,320 Law Enforcement Personnel Dependents' Grants ............................................... $42,000 North Georgia College ROTC Grants.................................................... $108,000 Osteopathic Medical Loans.......................................... $200,000 Georgia Military Scholarship Grants .......................................................... $407,000 Paul Douglas Teacher Scholarship Loans................................................ $454,300 Total Funds Budgeted ........................................... $28,923,371 State Funds Budgeted ........................................... $20,569,394

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Georgia Student Finance Commission Functional Budgets

Internal Administration
Higher Education Assistance Corporation
Georgia Student Finance Authority
Total

Total Funds $ 4,861,899 $

$

381,625 $

$ 23,679,847 $ $ 28,923,371 $

State Funds --0--
381,625
20,187,769 20,569,394

Section 38. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................... $3,677,500 Departmental Operations Budget: Personal Services................................................. $2,774,839 Regular Operating Expenses......................................... $271,212 Travel ............................................................. $26,000 Equipment ......................................................... $14,275 Computer Charges ................................................. $981,516 Real Estate Rentals ................................................ $309,375 Telecommunications ................................................. $87,500 Per Diem, Fees and Contracts....................................... $336,000 Cost-of-Living Increases for Local Retirement System Members .................................... $2,800,000 Floor Fund for Local Retirement Systems .............................................. $877,500 Post Retirement Benefit Increases for Retirees .............................................. $--0-- Total Funds Budgeted ............................................ $8,478,217 State Funds Budgeted ............................................ $3,677,500
Section 39. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education ......... $126,013,844 Department of Technical and Adult Education Budget: Personal Services................................................. $3,486,423 Regular Operating Expenses......................................... $311,213 Travel ............................................................ $105,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $25,100 Computer Charges ............................................... $1,803,216 Real Estate Rentals ................................................ $380,000 Telecommunications ................................................. $56,185 Per Diem, Fees and Contracts..................................... $1,007,000 Personal Services-Institutions .................................... $74,851,104 Operating Expenses-Institutions .................................. $10,673,506 Capital Outlay ................................................... $7,440,000 Quick Start Program ............................................. $4,840,354 Area School Program ............................................ $27,021,806 Regents Program................................................. $2,709,714 Adult Literacy Grants ............................................ $5,653,680 Total Funds Budgeted .......................................... $140,364,301 State Funds Budgeted .......................................... $126,013,844

Administration Institutional Programs Total

Institutions Functional Budgets
Total Funds $ 7,174,137 $ 133,190,164 $ 140,364,301

State Funds $ 5,304,482 $ 120,709,362 $ 126,013,844

WEDNESDAY, MARCH 15, 1989

2285

Section 40. Department of Transportation. Budget Unit: Department of Transportation ........................ $656,484,979
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services............................................... $218,662,313 Regular Operating Expenses................ .................... $52,460,244 Travel .................................... ..................... $1,718,000 Motor Vehicle Purchases.......................................... $1,020,000 Equipment ...................................................... $5,216,095 Computer Charges ............................................... $4,251,229 Real Estate Rentals .............................................. $1,357,789 Telecommunications .............................................. $1,940,320 Per Diem, Fees and Contracts ..................................... $9,235,041 Capital Outlay ................................................. $614,947,607 Grants to Counties ............................................... $9,317,013 Grants to Municipalities .......................................... $9,317,000 Capital Outlay--Airport Approach Aid and Operational Improvements ................................................. $1,250,000 Capital Outlay--Airport Development .................................................. $1,270,000 Mass Transit Grants ............................................ $10,395,426 Savannah Harbor Maintenance Payments ..................................................... $1,263,500 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction ............................................... $--0-- G.O. Debt Sinking Fund ......................................... $45,741,427 Total Funds Budgeted .......................................... $989,363,004 State Funds Budgeted .......................................... $656,484,979

Department of Transportation Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Paving at State Facilities Total

Total Funds

$ 554,977,226

$ 192,098,526

$ 8,209,064

$ 9,317,013

$ 20,817,610

$

900,000

$ 786,319,439

State Funds

$ 254,054,505

$ 181,021,908

$ 7,548,964

$ 9,317,013

$ 20,157,610

$

900,000

$ 473,000,000

General Funds Budget
Grants to Municipalities
Paving at State and Local Schools and State Institutions
Air Transportation
Inter-Modal Transfer Facilities
Harbor Maintenance Activities

Total Funds $ 9,317,000

$

750,000

$ 1,683,784

$ 15,029,281

$ 1,263,500

State Funds 317,000
750,000 1,183,784 4,970,695 1,263,500

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JOURNAL OF THE SENATE

Planning and Construction Maintenance and Betterments Total

135,000,000 40,000,000 203,043,565

Section 41. 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.................. Operating Expense/Payments to Medical College of Georgia .............. Regular Operating Expenses for Projects and Insurance .............. Total Funds Budgeted .................... State Funds Budgeted ....................

Veterans Service Functional Budgets

Total Funds

Veterans Assistance

$ 5,241,769

Veterans Home and Nursing Facility--Milledgeville

$ 13,143,233

Veterans Nursing Home--Augusta

$ 5,830,230

Total

$ 24,215,232

Section 42. 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 ...............................

Section 43. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ..............................
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ...............................

135,000,000 40,000,000 183,484,979
$19,924,381
. $4,718,887 $111,080
. . . . $89,000 .... $--0-- . . . . $67,100 . . . . . $6,500
$223,102 $60,000 . . . . $16,700 .... $--0--
$12,942,633
$5,721,230
. $259,000 $24,215,232 $19,924,381
State Funds $ 5,013,961
$ 10,412,190
$ 4,498,230 $ 19,924,381
..... $7,976,713
..... $6,447,143 ....... $297,625 ........ $65,250 ........ $--0-- ........ $21,715 ....... $328,305 ....... $608,000 ....... $103,695 ....... $179,980 ..... $8,051,713 ..... $7,976,713
$299,931,569
$11,270,000

WEDNESDAY, MARCH 15, 1989

2287

Section 44. Provisions Relative to Section 3, Supreme Court.
The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operat ing the Supreme Court of the State of Georgia, including salaries and retirement contribu tions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) 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 45. Provisions Relative to Section 4, Court of Appeals.
The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of oper ating the Court of Appeals of the State of Georgia, including salaries and retirement contri butions for judges and employees of the Court.
Section 46. Provisions Relative to Section 5, Superior Courts.
The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operat ing 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 au thorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropri ated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
From the appropriations in Section 5, a specific sum is hereby appropriated and desig nated for the purpose of funding a new judgeship in each of the following judicial circuits:
A.) Cherokee Judicial Circuit
B.) Atlanta Judicial Circuit
C.) Chattahoochee Judicial Circuit
D.) Southern Judicial Circuit
E.) Atlantic Judicial Circuit
F.) Eastern Judicial Circuit
Section 47. 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 48. Provisions Relative to Section 7, Institute of Continuing Judicial Education.
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 Geor gia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judicial Council.
The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operat ing the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting 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 50. Provisions Relative to Section 17, State Board of Education-Department of Education.

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The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,585.52. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

From the Appropriations in Section 17, 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 $600,000 for FY 1990.

From the Appropriations in Section 17, funds in the amount of up to $452,000 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, 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 1990 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated mem ber system to contribute at least the same equivalent amount during SFY 1990 that it con tributed during SFY 1989.

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.

From the appropriations in Section 17, funds in the amount of $100,000 are designated and committed for the production and distribution of school and system profiles as provided for in O.C.G.A. 20-2-282 (d).

Section 51. Provisions Relative to Section 22, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 229

$ 151

2

347

229

3

414

273

4

488

322

5

559

369

WEDNESDAY, MARCH 15, 1989

2289

6

606

400

7

656

433

8

696

459

9

733

484

10

784

517

11

839

554

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 1990 that was authorized in fiscal year 1987.

Section 52. Provisions Relative to Section 27. Department of Medical Assistance.

Provided that of the State fund appropriation to the Department of Medical Assis tance, $2,000,000 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1988.

Section 53. Provisions Relative to Section 28, Merit System of Personnel Administration.

The Department is authorized to assess no more than $162.44 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 1990 shall not exceed ten and one-quarter percent (10.25%).

Section 54. Provisions Relative to Section 29, Department of Natural Resources.

No land shall be purchased for State park purposes from funds appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.

From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized 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, 1989.

Section 55. Provisions Relative to Section 30, Department of Public Safety.

The Georgia Police Academy is authorized to employ two drug police instructors utiliz ing federal funds.

Section 56. Provisions Relative to Section 33, Board of Regents, University System of Georgia.

The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.

The Board of Regents is authorized to continue development of quality added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.

Section 57. Provisions Relative to Section 34, Department of Revenue.

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JOURNAL OF THE SENATE

From the appropriation in Section 34 (Department of Revenue) relating to motor vehi cle tag and decal purchases the department is authorized to use available funds for the purchase of either 1983 or 1990 motor vehicle tags.
Section 58. Provisions Relative to Section 39, Department of Technical and Adult Education.
None of the State funds appropriated in Section 39 may be used for the purpose of planning, 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 59. Provisions Relative to Section 40, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General As sembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years 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 departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 60. In addition to all other appropriations for the State fiscal year ending June 30, 1990, 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 $8,070,000 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 ($7,950,000 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 61. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt

WEDNESDAY, MARCH 15, 1989

2291

sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 62. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 63. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of 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 64. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
Section 65. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 66. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
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

2292

JOURNAL OF THE SENATE

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 1989 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.
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. Provisions Relative to Section 43 State of Georgia General Obligation Debt Sinking Fund.

WEDNESDAY, MARCH 15, 1989

2293

With regard to the appropriations in Section 43 for "State of Georgia General Obliga tion Debt Sinking Fund (New)," the maximum maturities, user agencies and user authori ties, purposes, maximum principal amounts and appropriations of highest annual debt ser vice requirements of the new debt are specified as follows:

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,650,000 is specifically appropriated for the purpose of financing acquisitions of real property for the Department of Natural Resources, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $550,000 is specifically appropriated for the purpose of financing demolition, decontamination and other site preparation for the George L. Smith II Georgia World Congress Center on real property of the State of Georgia in the custody of the Department of Industry and Trade, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of 240 months.

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,070,000 is specifically appropriated for the purpose of financing a specialized care unit at the Medical College of Georgia for the Board of Re gents of the University System of Georgia, by means of the acquisition, construction, devel opment, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $37,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,000,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water and sewage systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt.

Section 74. Delayed Hiring Factor by Department.

Dept. of Corrections "A" Dept. of Human Resources "A" Dept. Human Resources "B" Dept. Technical and Adult Dept. of Veterans Services Dept. of Public Safety "A"

$ 16,556,000 $ 1,631,441 $ 4,200,000 $ 247,133 $ 1,150,000 $ 373.009

Section 75. Cost-of-Living Increases.

This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds for the purposes described herein: 1.) An increase of 2.5% for full-time employees of the Executive, Judicial and Legislative branches of state govern ment, effective July 1, 1989; 2.) For teachers, public librarians, and other instructional and support personnel, an increase from $17,823 to $18,358 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resump tion of annual increments after completion of one year experience and performance based certification, effective the following month; 3.) For the teacher salary schedule to be ad justed to provide an increase in the longevity factor from 2.8% to 2.9%, effective September 1, 1989; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1989; 5.) For University System employees, a 2.5% salary increase to be effective September 1, 1989, for academic contracted personnel and for a 2.5% salary increase, effec tive July 1, 1989, for non-academic personnel, and 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 Ag-

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ricultural Experiment Station; and 6.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.
In addition, there has been distributed to and included in the agency appropriations listed hereinbefore State Funds for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System.

Section 76. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1990 ...............................

. $7,498,000,000

Section 77. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 78. 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 145.

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 Broun Coleman Dawkins Deal Dean Echols English Engram Fincher

Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Langford McKenzie Parker Peevy Perry

Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Burton Clay Collins

Coverdell Edge Garner Kidd

Land Newbill Phillips Ragan of 32nd

Not voting were Senators Brannon and Olmstead.

On the motion, the yeas were 42, nays 12; the motion prevailed, and the Senate adopted the Conference Committee report on HB 145.

Lieutenant Governor Miller introduced Honorable Stephen McAlpine, Lieutenant Gov ernor of the State of Alaska.

WEDNESDAY, MARCH 15, 1989

2295

The following message was received from the House through Mr. Ellard, the Clerk, thereof:
Mr. President:
The House has disagreed to the Senate substitute to the House substitute to the follow ing resolution of the Senate:
SR 54. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.
The House insists on its position in disagreeing to the Senate amendment to the House 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 Senate:
SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.
The Speaker has appointed on the part of the House, Representatives Childers of the 15th, Green of the 106th and Parham of the 105th.
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 264. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Titus of the 143rd and Hudson of the 117th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, so as to provide that it shall be unlawful to feed alligators or bears except while holding a valid permit or license to possess the animal being fed.
The Speaker has appointed on the part of the House, Representatives Rainey of the 135th, Moody of the 153rd and McKelvey of the 15th.
The House has agreed to the Senate amendment as amended by the House to the fol lowing bill of the House:
HB 567. By Representatives Coleman of the 118th, Green of the 106th, McDonald of the 12th, Walker of the 115th and Childers of the 15th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title.
The House adheres to its position in insisting on its amendment, and has appointed a

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JOURNAL OF THE SENATE

Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the Senate:

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Per manent Site of the Georgia Music Hall of Fame.

The Speaker has appointed on the part of the House, Representatives Pinkston of the 100th, Randall of the 101st and Groover of the 99th.

The President announced that the Senate would stand in recess from 1:37 o'clock P.M. until 3:00 o'clock P.M.

At 3:00 o'clock P.M., the President called the Senate to order.

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

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 371. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a statement of basic principles relative to the detention of juveniles.

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

HB 178. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry.

Senator Clay of the 37th moved that the Senate recede from the Senate amendment to HB 178.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Burton Clay Collins Deal

Dean Edge Engram Foster Garner Gillis Harris Johnson Kennedy

Kidd Land Langford Newbill Phillips Pollard Ragan of 32nd Ray Starr

WEDNESDAY, MARCH 15, 1989

2297

Stumbaugh Tate

Taylor Turner

Tysinger

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Barker Barnes Broun C/C~. oolveemrdjaenl1l1 Dawkins
Echols
English

Fincher Fuller Hammill HTHTouwggamrds McKenzie
Olmstead
Parker

Peevy Perry Ragan of loth oocot..t 01,. ,,2nd,
bcott of 36th
Timmons
Walker

On the motion, the yeas were 32, nays 1; the motion prevailed, and the Senate receded from the Senate amendment to HB 178.

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

SB 240. By Senators Ray of the 19th, Kennedy of the 4th, Timmons of the llth and others:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.

The Conference Committee report on SB 240 was as follows:

The Committee of Conference on SB 240 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of conference Substitute to SB 240 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Walter S. Ray Senator, 19th District
/s/ Jimmy Hodge Timmons Senator, llth District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William C. Mangum, Jr. Representative, 57th District
/s/ James C. Moore Representative, 139th District
Is/ McCracken Poston, Jr. Representative, 2nd District

Conference Committee substitute to SB 240:

A BILL
To be entitled an Act to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain state aid to local school systems, so as to repeal certain provisions relating to grants based on average daily attendance; to change the provisions relating to the requirements that the effect of grants shall be shown on tax bills; to amend Code Section 20-2-697 of the Official Code of Georgia Annotated, relating to school attendance reports and records kept by public schools, so as to provide

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JOURNAL OF THE SENATE

requirements relative to the use of school attendance reports; 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. Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain state aid to local school systems, is amended by repealing Code Section 20-2-330 through 20-2-333, which read as follows:
"20-2-330. The purpose of this part is to provide funds to local public school systems to aid in the furtherance of the educational purposes of the local public school systems and of the state as a whole. It is the further purpose of this part to provide such funds in an appropriate manner so as to afford local school systems the opportunity and needed encour agement to provide relief to local school taxpayers from the unfair burden of school taxes. It is the consensus of the General Assembly that, by affording such relief, local school property taxpayers will be given the incentive to support wholeheartedly a renewed commitment to the growth and quality of the public schools and their worthy educational programs in this state.
20-2-331. For the purposes of this part, the term 'average daily attendance' means the number of pupils in average daily attendance in grades from kindergarten through 12, in cluding special education students, for the first four months of the school year immediately preceding that calendar year in which the grant is made available. For the initial year in which a grant shall be made pursuant to this part, 'average daily attendance' means the number of pupils in average daily attendance in grades 1 through 12, including special edu cation students, for the first four months of the school year in the immediately preceding calendar year.
20-2-332. There may be allotted annually to each local public school system in the state for educational purposes, in addition to funds provided pursuant to other laws, certain grants as provided in this part.
20-2-333. In any year in which the General Assembly shall provide funds for grants to the school systems of this state through a required local effort credit appropriation for edu cation by line-item appropriation and with reference to this part, such grants shall be allot ted to each school system pro rata according to the ratio which the average daily attendance of the particular system bears to the average daily attendance of the entire public school system of the state, except that, in those instances where pupils residing in one district attend schools located within the limits of another district, the portion of the grant repre senting such pupils which otherwise would have been received by the district within the limits of which the pupils are in attendance shall be allotted to the district in which the pupils reside.",
in their entirety and substituting in lieu of said repealed Code sections the following:
"20-2-330. Reserved.
20-2-331. Reserved.
20-2-332. Reserved.
20-2-333. Reserved."
Section 2. Said part is further amended by striking Code Section 20-2-334, relating to the requirement that the effect of grants shall be shown on tax bills, in its entirety and substituting in lieu thereof a new Code Section 20-2-334 to read as follows:
"20-2-334. (a) A computation shall be shown on each tax bill for school ad valorem taxes which represents the local school system's share of funds in the 'General Appropria tions Act' for ad valorem tax relief. The provisions of this Code section shall not apply to tax bills for motor vehicles and trailers.

WEDNESDAY, MARCH 15, 1989

2299

(b) The computation provided for in subsection (a) of this Code section shall show the following:
(1) The mill rate which the local school system would have been required to levy to fund a budget equal in amount to the actual budget of the system, including the system's share of funds identified for this purpose in the 'General Appropriations Act,' if no funds were actually received by the system pursuant to such appropriation for that year. This mill rate shall be labeled 'Annual Equivalent Mill Rate';
(2) As a subtraction from the mill rate determined pursuant to paragraph (1) of this subsection, a mill rate which, if applied against the tangible property in the local school system, would produce tax revenue equal to the amount of the funds received in that year by the school system pursuant to the appropriation for that year. This mill rate shall be labeled 'State School Tax Credit'; and
(3) As the remainder of the subtraction provided for in paragraph (2) of this subsection, the mill rate which is actually being levied against the taxpayer's property. This mill rate shall be labeled 'Actual School Tax Mill Rate.'
(c) It is the purpose of this Code section to provide in a demonstrable fashion to each ad valorem taxpayer of that tangible property provided for in subsection (a) of this Code section information which will enable the taxpayer to ascertain readily the amount of addi tional state funds which are being made available to that local school system in which the taxpayer's property is being taxed. Additionally, each such taxpayer by this Code section will be in the position to be informed as to what purposes the officials in charge of the local school system and its finances have devoted the use of such funds. If a local school system has received funds which have been made available by the General Assembly pursuant to the 'General Appropriations Act' but has not reduced local property taxes levied in behalf of the school system, each taxpayer will be so informed. However, if the receipt of additional state funds has enabled the local school system to reduce local property taxes by a corre sponding sum to that received pursuant to the 'General Appropriations Act,' or any fraction thereof, the taxpayer will be so advised."
Section 3. Code Section 20-2-697 of the Official Code of Georgia Annotated, relating to school attendance reports and records kept by public schools, is amended by striking sub section (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Visiting teachers and attendance officers shall receive the cooperation and assis tance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or clas ses as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction. Such attendance records shall also be maintained in a for mat which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational in formation network pursuant to subsection (b) of Code Section 20-2-320 and for the annual profiles pursuant to subsection (d) of Code Section 20-2-282."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Ray of the 19th moved that the Senate adopt the Conference Committee report on SB 240.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bames
Bowen Brannon
BCluaryton Coleman Collins
Coverdell Dawkins Deal Dean Edge

Engram Fincher Foster Garner
Gillis Harris
JHohnsiTMon Kennedy Kidd
Land Langford McKenzie Newbill Parker

Peevy Phillips Pollard Ragan of ioth
Ragan of 32nd ^
S,, humake ^tarr , , Stumbaugh
Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Broun Echols English

Fuller Hammill Howard Olmstead

Perry Scott of 2nd Scott of 36th Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 240.

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

HB 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Jus tices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.

Senator Starr of the 44th moved that the Senate adhere to the Senate amendment to HB 55, 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 amendment to HB 55.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Allgood of the 22nd, Johnson of the 47th and Starr of the 44th.

WEDNESDAY, MARCH 15, 1989

2301

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

SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

The Conference Committee report on SB 137 was as follows:

The Committee of Conference on SB 137 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 137 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Gene Walker Senator, 43rd District
/s/ Ed Barker Senator, 18th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. M. Childers Representative, 15th District
/s/ George F. Green Representative, 106th District
/s/ Bobby Eugene Parham Representative, 105th District

Conference Committee substitute to SB 137:

A BILL
To be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health plan ning and development, so as to provide for a new exemption for certain remodeling, renova tion, and replacement projects; 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 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health planning and development, is amended by striking "and" after the semicolon at the end of paragraph (14) of subsection (a) thereof, striking the period at the end of paragraph (15) of that subsection (a) and in serting in its place "; and", and by adding immediately thereafter a new paragraph to read as follows:
"(16) Capital expenditures for a project otherwise requiring a certificate of need if those expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and:
(A) That hospital:
(i) Has a bed capacity of not more than 50 beds;
(ii) Is located in a county in which no other medical-surgical hospital is located;
(iii) Has at any time been designated as a disproportionate share hospital by the De partment of Medical Assistance; and
(iv) Has at least 45 percent of its patient revenues derived from medicare, Medicaid, or any combination thereof, for the immediately preceding three years; and

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JOURNAL OF THE SENATE

(B) That project:
(i) Does not result in any of the following:
(I) The offering of any new clinical health services;
(II) Any increase in bed capacity;
(III) Any redistribution of existing beds among existing clinical health services; or
(IV) Any increase in capacity of existing clinical health services;
(ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and
(iii) Is located within a three-mile radius of and within the same county as the hospi tal's existing facility."
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 Kidd of the 25th moved that the Senate adopt the Conference Committee re port on SB 137.

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 Burton Clay
Coleman Collins Dawkins Deal
Dean

Edge English Engram
Fincher Foster Gillis
Harris Huggins Johnson
Kennedy Kidd Land Langford
McKenzie

Newbill Parker Peevy
Phillips Pollard Ragan of 10th
Ragan of 32nd Starr Stumbaugh
Tate Taylor Turner Tysinger
Walker

Those not voting were Senators:

Bowen Coverdell Echols Fuller
Garner

Hammill Howard Olmstead Perry
Ray

Scott of 2nd Scott of 36th
bhumake Timmons

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 137.

WEDNESDAY, MARCH 15, 1989

2303

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 347. By Senator Allgood of the 22nd: A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is in volved in any traffic accident.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 27. By Senator Barker of the 18th: A resolution urging the Commissioner of Insurance to exercise his authority with regard to the capricious and unfair termination of the appointment of property and casualty insurance agents.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 371. By Senator Deal of the 49th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a statement of basic principles relative to the detention of juveniles.
The House substitute to SB 371 was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a statement of basic principles relative to the detention of juveniles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding, following Code Section 15-11-18, a new Code Section 15-11-18.1 to read as follows:
"15-11-18.1. (a) As a matter of public policy, restraints on the freedom of accused juveniles prior to adjudication should only be imposed when there is clear and convincing evidence to support this course of action. In the absence of such evidence, the preferred course in each case should be unconditional release.
(b) The imposition of interim control or detention on an accused juvenile may be con sidered for the purposes of:
(1) Protecting the jurisdiction and process of the court;
(2) Reducing the likelihood that the juvenile may inflict serious bodily harm on others during the interim period; or

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JOURNAL OF THE SENATE

(3) Protecting the accused juvenile from imminent bodily harm upon his or her request.
(c) Interim control or detention should not be imposed on an accused juvenile:
(1) To punish, treat, or rehabilitate the juvenile;
(2) To allow parents to avoid their legal responsibilities;
(3) To satisfy demands by a victim, the police, or the community;
(4) To permit more convenient administrative access to the juvenile; or
(5) To facilitate further interrogation or investigation.
(d) Whenever an accused juvenile cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the juvenile should be favored over more intrusive alternatives.
(e) Whenever the interim curtailment of an accused juvenile's freedom is permitted under this Code section, the exercise of authority should reflect the following values:
(1) Respect for the privacy, dignity, and individuality of the accused juvenile and his or her family;
(2) Protection of the psychological and physical health of the juvenile;
(3) Tolerance of the diverse values and preferences among different groups and individuals;
(4) Assurance of equality of treatment by race, class, ethnicity, and sex;
(5) Avoidance of regimentation and depersonalization of the juvenile;
(6) Avoidance of stigmatization of the juvenile; and
(7) Assurance that the juvenile has been informed of his right to consult an attorney and that if he cannot afford an attorney, one will be provided."
Section 2. 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 371.

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

Those voting in the affirmative were Senators:

Albert Allgood Barker
Barnes Brannon
B roun B urton CC,, oo,llleimnsan Dawkins jjeal Dean Echols Edge English Engram

Fincher Foster Garner
Gillis Harris
Howard Huggins JTKo. ehnnnseodn, y Kldd Land Langford McKenzie Newbill Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd
Ray Scott of 36th SS,,htaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

WEDNESDAY, MARCH 15, 1989

2305

Those not voting were Senators:

Baldwin Bowen Coverdell

Fuller Hammill

Olmstead Scott of 2nd

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 371.

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

HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Postsecondary Vocational Education to the State Board of Technical and Adult Education.

Senator Foster of the 50th moved that the Senate insist upon the Senate substitute to HB 628.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 628.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 63. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," so as to remove the responsibility for collecting certain civil support payments from the probation department of the court; to amend Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, so as to remove the provision that probation supervisors may collect funds.

The House substitute to SB 63 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," so as to remove the responsibility for collecting certain civil support payments from the proba tion department of the court; to amend Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, so as to re move the provision that probation supervisors may collect funds arising under Article 2 of Chapter 11 of Title 19; 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 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," is amended by striking paragraph (2) of Code Section 19-11-65, relating to the power of courts to assure compliance

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with orders, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) To require the respondent to make payments at specified intervals to the depart ment or any county agency designated by the court or to the obligee and to report person ally to the department at such times as may be deemed necessary."
Section 2. Said Article 2 of Chapter 11 of Title 19 is further amended by striking sub section (d) of Code Section 19-11-80, relating to hearings in connection with enforcement orders, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) The court shall be empowered to order payment under the terms of the registered order through the clerk of the superior court, the department or such other collection agency as the court shall designate."
Section 3. Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-8-32 to read as follows:
"42-8-32. No probation supervisor shall be directed to collect any funds other than funds directed to be paid as the result of a criminal proceeding."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th moved that the Senate agree to the House substitute to SB 63.

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

Those voting in the affirmative were Senators:

Albert Barnes Bowen Brannon Broun B urton
f.man ^CDooalwvlemkridsnesl,,l j-) eaj Dean Echols Edge English Engram Fincher

Foster Garner Gillis Hammill Harris Howard
Huggins J,K,oehnnnseodn,y Kidd Land Langford McKenzie Newbill Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd S,,S,hcoutmt aok,fe36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Baldwin Barker

Clay Fuller

Olmstead Starr

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 63.

WEDNESDAY, MARCH 15, 1989

2307

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

SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and Phillips of the 9th:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relat ing to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.

The Conference Committee report on SB 185 was as follows:

The Committee of Conference on SB 185 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 185 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ C. Donald Johnson Jr. Senator, 47th District
/s/ Tommy C. Olmstead Senator, 26th District
/s/ Frank A. Albert Senator, 23rd District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Hugh Boyd Pettit III Representative, 19th District
/s/ Thurbert E. Baker Representative, 51st District
/s/ Tommy Chambless Representative, 133rd District

Conference Committee substitute to SB 185:

A BILL
To be entitled an Act to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for immediate writs of possession and foreclosures arising out of certain transactions involv ing the issuance of a bad check; to provide for a petition for immediate writ of possession with respect to certain transactions involving the issuance of a bad check; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, is amended by striking in its entirety Code Section 44-14-261, relating to a petition for immediate writ of possession, and in serting in lieu thereof a new Code Section 44-14-261 to read as follows:
"44-14-261. Any person seeking to foreclose an interest in personal property arising out of a commercial transaction under this subpart may seek an immediate writ of possession from the court before which the petition is filed if the petition contains a statement of facts, under oath, by the petitioner or his agent or attorney which sets forth the basis of the petitioner's claim and a sufficient ground for the issuance of an immediate writ of posses sion. No such writ shall issue on an interest arising out of a consumer transaction; provided, however, that an immediate writ of possession may issue for merchandise or services ren dered on merchandise which was paid for, in whole or in part, by a bad check as the term 'bad check' is defined in Code Section 44-14-516."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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Senator Johnson of the 47th moved that the Senate adopt the Conference Committee report on SB 185.

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
roun Ck Coleman Coiiins Coverdell Dawkins Deal Dean Echols English

Engram Fincher Foster Garner Gillis Hammill
Harris Howard ^ins Johnson Kennedy Kidd Langford Newbill Parker Perry

Those not voting were Senators:

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

Baldwin Edge Fuller

Land McKenzie

Olmstead Peevy

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 185.

SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.

The Conference Committee report on SB 239 was as follows:

The Committee of Conference on SB 239 recommends that both the Senate and the

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2309

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 239 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ J. Nathan Deal Senator, 49th District
/s/ C. Donald Johnson Senator, 47th District
/s/ Mark Taylor Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Denmark Groover Representative, 99th District
1st Tommy Chambless Representative, 133rd District

Conference Committee substitute to SB 239:

A BILL
To be entitled an Act to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to amend Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, so as to provide for the tort of abu sive litigation; to provide for definitions; to define such tort; to provide for the prosecution of claims; to provide for assessment of damages, costs and expenses, and attorney's fees; to provide for matters relative to the foregoing; to provide that other statutory or common law claims for malicious use of civil proceedings, malicious abuse of civil process, and abusive litigation shall not be allowed; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended by adding immediately following Code Section 51-5-11 a new Code section, to be designated Code Section 51-5-12, to read as follows:
"51-5-12. (a) In any civil action for a defamatory statement which charges the visual or sound broadcast of an erroneous statement alleged to be defamatory, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction or omit ted to request retraction.
(b) In any such action, the defendant may allege and give proof of the following mat ters, as applicable:
(1) (A) That the matter alleged to have been broadcast and to be defamatory was pub lished without malice;
(B) That the defendant, in a regular broadcast of the station over which the broadcast in question was made, within three days after receiving written demand, corrected and re tracted the allegedly defamatory statement in as conspicious and public a manner as that in which the alleged defamatory statement was broadcast; and
(C) That, if the plaintiff so requested, the retraction and correction were accompanied, on the same day, by an editorial in which the allegedly defamatory statement was specifi cally repudiated; or
(2) That no request for correction and retraction was made by the plaintiff.
(c) Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant

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shall be liable only to pay actual damages. The defendant may plead the broadcast of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages."
Section 2. Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, is amended by adding at the end thereof a new article, to be designated Article 5, to read as follows:
"ARTICLE 5
51-7-80. As used in this article, the term:
(1) 'Civil proceeding' includes any action, suit, proceeding, counterclaim, cross-claim, third-party claim, or other claim at law or in equity.
(2) 'Claim' includes any allegation or contention of fact or law asserted in support of or in opposition to any civil proceeding, defense, motion, or appeal.
(3) 'Defense' includes any denial of allegations made by another party in any pleading, motion, or other paper submitted to the court for the purpose of seeking affirmative or negative relief, and any affirmative defense or matter asserted in confession or avoidance.
(4) 'Good faith,' when used with reference to any civil proceeding, claim, defense, mo tion, appeal, or other position, means that to the best of a person's or his or her attorney's knowledge, information, and belief, formed honestly after reasonable inquiry, that such civil proceeding, claim, defense, motion, appeal, or other position is well grounded in fact and is either warranted by existing law or by reasonable grounds to believe that an argument for the extension, modification, or reversal of existing law may be successful.
(5) 'Malice' means acting with ill will or for a wrongful purpose and may be inferred in an action if the party initiated, continued, or procured civil proceedings or process in a harassing manner or used process for a purpose other than that of securing the proper adju dication of the claim upon which the proceedings are based.
(6) 'Person' means an individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or un incorporated association of persons with capacity to sue or be sued.
(7) 'Without substantial justification,' when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position, means that such civil proceeding, claim, defense, motion, appeal, or other position is:
(A) Frivolous;
(B) Groundless in fact or in law; or
(C) Vexatious.
(8) 'Wrongful purpose' when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position results in or has the effect of:
(A) Attempting to unjustifiably harass or intimidate another party or witness to the proceeding; or
(B) Attempting to unjustifiably accomplish some ulterior or collateral purpose other than resolving the subject controversy on its merits.
51-7-81. Any person who takes an active part in the initiation, continuation, or procure ment of civil proceedings against another shall be liable for abusive litigation if such person acts:
(1) With malice; and
(2) Without substantial justification.
51-7-82. (a) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily withdrawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal,

WEDNESDAY, MARCH 15, 1989

2311

civil process, or other position which the injured person claims constitutes abusive litigation within 30 days after the mailing of the notice required by subsection (a) of Code Section 517-84 or prior to a ruling by the court relative to the civil proceeding, claim, defense, motion, appeal, civil process, or other position, whichever shall first occur; provided, however, that this defense shall not apply where the alleged act of abusive litigation involves the seizure or interference with the use of the injured person's property by process of attachment, execu tion, garnishment, writ of possession, lis pendens, injunction, restraining order, or similar process which results in special damage to the injured person.
(b) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted acted in good faith; provided, however, that good faith shall be an affirmative defense and the burden of proof shall be on the person asserting the actions were taken in good faith.
(c) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted was substantially successful on the issue forming the basis for the claim of abusive litigation in the underlying civil proceeding.
51-7-83. (a) A plaintiff who prevails in an action under this article shall be entitled to all damages allowed by law as proven by the evidence, including costs and expenses of litiga tion and reasonable attorney's fees.
(b) If the abusive litigation is in a civil proceeding of a court of record and no damages other than costs and expenses of litigation and reasonable attorney's fees are claimed, the procedures provided in Code Section 9-15-14 shall be utilized instead.
(c) No motion filed under Code Section 9-15-14 shall preclude the filing of an action under this article for damages other than costs and expenses of litigation and reasonable attorney's fees. Any ruling under Code Section 9-15-14 is conclusive as to the issues resolved therein.
51-7-84. (a) As a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or some other means evidencing receipt by the addressee to any person against whom such injured person intends to assert a claim for abusive litigation and shall thereby give the person against whom an abusive litigation claim is contemplated an opportunity to voluntarily withdraw, abandon, discontinue, or dismiss the civil proceeding, claim, defense, motion, appeal, civil process, or other position. Such notice shall identify the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation.
(b) An action or claim under this article requires the final termination of the proceeding in which the alleged abusive litigation occurred and must be brought within one year of the date of final termination.
51-7-85. On and after the effective date of this article, no claim other than as provided in this article or in Code Section 9-15-14 shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abu sive litigation, provided that claims filed prior to such date shall not be affected. This article is the exclusive remedy for abusive litigation."
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 moved that the Senate adopt the Conference Committee report on SB 239.
On the motion, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Broun ^,urton CCloalyeman Collins Coverdell
Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gfflis Hammill
H arris "u, gglns JKoehnnnseodny Kidd Land
Langford McKenzie Newbill Parker Peevy

Voting in the negative was Senator Brannon.

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th S,,,humak. e ^tarr btumbaugn
Tate Tayloi Timmons Tysinger Walker

Those not voting were Senators:

Fuller Garner

Howard Olmstead

Turner

On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 239.

SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.

The Conference Committee report on SB 260 was as follows:

The Committee of Conference on SB 260 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 260 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

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

Is/ Ralph Twiggs Representative, 4th District

/s/ Jimmy Hodge Timmons Senator, llth District

/s/ John 0. Mobley, Jr. Representative, 64th District

/s/ Mark Taylor Senator, 12th District

/s/ Bill Barnett Representative, 10th District

Conference Committee substitute to SB 260:

A BILL To be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia

WEDNESDAY, MARCH 15, 1989

2313

Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the appointment of the deputy commissioner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by striking Code Section 35-2-7, relating to the appointment of the deputy commissioner of public safety and his term of office, rank, duties, oath, and membership in the Uniform Division, in its entirety and inserting in lieu thereof a new Code Section 35-2-7 to read as follows:
"35-2-7. (a) The commissioner is vested with authority to appoint a deputy commis sioner of public safety, who shall have the rank of lieutenant colonel in the Uniform Divi sion of the department.
(b) The deputy commissioner may be a member of the Uniform Division of the depart ment and upon removal from office without prejudice he shall revert to the original rank in the Uniform Division which he held when he was appointed to office.
(c) His appointment shall be subject to confirmation by the board.
(d) The deputy commissioner shall perform such duties as he may be charged with by the commissioner, and in case of a vacancy shall act as commissioner until an appointment is made to fill the vacancy.
(e) The deputy commissioner shall take the same oath as that required of the commis sioner, which oath shall be administered by the commissioner."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Taylor of the 12th moved that the Senate adopt the Conference Committee report on SB 260.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford McKenzie Newbill Parker Peevy

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

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Fuller Garner

Johnson

Olmstead

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JOURNAL OF THE SENATE

On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 260.

SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.

The Conference Committee report on SB 84 was as follows:

The Committee of Conference on SB 84 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 84 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/a/ Hugh M. Gillis Senator, 20th District
/s/ Lewis H. McKenzie Senator, 14th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Robert L. Patten Representative, 149th District
/s/ Pete Robinson Representative, 96th District
/s/ Bobby Lawson Representative, 9th District

Conference Committee substitute to SB 84:

A BILL
To be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to change the role of the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources; to add to the minimum requirements for regula tions and ordinances governing land-disturbing activities; to authorize the requirement of the posting of a bond prior to issuing a permit; to provide that the director of the Environ mental Protection Division may implement the rules of the Board of Natural Resources and seek compliance within a defaulting jurisdiction and collect costs and attorney's fees from the governing authority; to provide for suspension, revocation, or modification of permits when successors in title to permit holders are not in compliance with the approved erosion and sediment control plan or applicable statutes, ordinances, resolutions, rules, or regula tions as to all or a portion of the land affected by the approved plan; to provide that holders of permits shall notify their successors in title of the conditions contained in the permits; to increase civil penalties for certain violations; to amend the provisions related to exempt land-disturbing activities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," is amended by striking paragraph (8) of Code Section 12-73, relating to definitions, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Land-disturbing activity' means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the

WEDNESDAY, MARCH 15, 1989

2315

state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in paragraph (5) of Code Section 12-7-17."
Section 2. Said chapter is further amended by striking Code Section 12-7-5, relating to the adoption of rules, and inserting in lieu thereof a new Code Section 12-7-5 to read as follows:
"12-7-5. The board, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those counties and municipali ties which do not have in effect an ordinance conforming to this chapter. Such rules and regulations shall be developed by the division in consultation with the commission and shall c6o."ntain provisions which meet those minimum requirements set forth in Code Section 12-7-
Section 3. Said chapter is further amended in Code Section 12-7-6, relating to minimum standards, by striking the word "and" at the end of paragraph (12), by replacing the period at the end of paragraph (13) with a semicolon, and by adding thereafter new paragraphs (14) through (18) to read as follows:
"(14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent streams beyond the levels specified in paragraph (18) of this Code section;
(15) Land-disturbing activities shall not be conducted within the 100 year flood plain unless compliance with any applicable local flood plain management ordinance is demon strated or flood storage compensation for flood waters is provided or such construction is in compliance with the Federal Emergency Management Agency regulations;
(16) An undisturbed natural vegetative buffer of 25 feet measured from the stream banks shall normally be retained adjacent to any state waters except where otherwise re quired by Part 6 of Article 5 of Chapter 5 of this title, the 'Metropolitan River Protection Act,' or by the department pursuant to Code Section 12-2-8, or when the economic use and the contour of the land require a different buffer subject to the division's approval, or where a drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented;
(17) Land-disturbing activities shall not be conducted within 100 feet (horizontal) of the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' unless a variance for such activity is granted by the director except where a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; and
(18) Discharges of storm-water runoff from disturbed areas shall be controlled to the extent that turbidity of the storm-water runoff shall not exceed 50 nephelometric turbidity units higher than the turbidity level of the receiving stream immediately upstream from the storm-water runoff discharge at the time of such discharge except where a roadway drainage structure must be constructed, the turbidity of the receiving stream downstream of the con struction site shall not exceed 60 nephelometric turbidity units higher than the turbidity level of the receiving stream immediately upstream from the construction site. Downstream turbidity measurements shall be taken at points where the entering discharge is fully mixed with the receiving stream flow. Due to the various soils and hydrological and water condi tions throughout the state, the division shall have the discretion to vary from the aforesaid nephelometric turbidity units."
Section 4. Said chapter is further amended by striking subsection (d) of Code Section 12-7-7, relating to permits, and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) Except as provided in this subsection, no permit shall be issued pursuant to sub-

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JOURNAL OF THE SENATE

section (b) or (c) of this Code section unless the erosion and sediment control plan has been approved by the appropriate district as is required by Code Section 12-7-10. When the gov erning authority of a county or municipality lying within the boundaries of the district dem onstrates capabilities to review and approve an erosion and sediment control plan and re quests an agreement with the district to conduct such review and approval, the district, with the concurrence of the commission, shall enter into an agreement which allows the gov erning authority to conduct review and approval without referring the application and plan to the district, if such governing authority meets the conditions specified by the district as set forth in the agreement. A district may not enter into an agreement authorized in this Code section with the governing authority of any county or municipality which is not certi fied pursuant to subsection (a) of Code Section 12-7-8.
(e) When reviewing any application for a land-disturbing activity permit, the issuing authority shall consider the past record of the permit applicant in complying with previous land-disturbing activity permits and this Code section. If the applicant has had two or more violations of previous permits or this Code section within three years prior to the date of filing of the application under consideration, the issuing authority may require the applicant to post a bond up to, but not exceeding, $3,000.00 per acre of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this Code section or with the conditions of the permit after issuance, the issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. This subsection shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the issuing authority with respect to alleged permit violations."
Section 5. Said chapter is further amended by adding at the end of Code Section 12-7-8, relating to issuing authorities, a new subsection (d) to read as follows:
"(d) Notwithstanding any action which may be taken pursuant to subsection (c) of this Code section, the director may determine that the public interest requires initiation of an enforcement action by the director within a jurisdiction certified pursuant to this Code sec tion. Where such a determination is made and the issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provi sions of Code Sections 12-7-12 through 12-7-15. The governing authority within whose juris diction such violation occurs shall be liable to the state for costs incurred by the state in such enforcement actions, including the reasonable cost of attorney's fees when formal legal action is required."
Section 6. Said chapter is further amended by striking Code Section 12-7-9, relating to applications for permits, and inserting in lieu thereof a new Code section to read as follows:
"12-7-9. (a) Applications for permits shall be submitted in accordance with this chapter and the rules and regulations, ordinances, and resolutions adopted pursuant hereto. Such applications shall be accompanied by the applicant's erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the land-disturbing activity proposed will be carried out in such a manner that the minimum requirements set forth in Code Section 12-7-6 shall be met.
(b) No permit shall be issued to any applicant unless the issuing authority affirmatively determines that the plan embracing such activities meets the requirements of Code Section 12-7-6.
(c) Permits shall be issued or denied as soon as practicable after the application there for has been filed with the issuing authority, but in any event not later than 45 days thereafter."
Section 7. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-7-11, relating to the suspension, revocation, or modification of permits, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The permit may be suspended, revoked, or modified by the issuing authority, as to

WEDNESDAY, MARCH 15, 1989

2317

all or any portion of the land affected by the plan, upon a finding that the holder or his successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his successor in title is in violation of this chapter or any ordinance, resolution, rule, or regulation adopted or promulgated pursuant to this chapter. A holder of a permit shall notify any successor in title to him as to all or any portion of the land af fected by the approved plan of the conditions contained in the permit."
Section 8. Said chapter is further amended by striking subsection (a) of Code Section 12-7-15, relating to civil penalties, and inserting in lieu thereof a new subsection to read as follows:
"(a) Any person who violates any provision of this chapter, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emer gency order of the director issued as provided in this chapter shall be liable for a civil pen alty not to exceed $2,000.00 per day. Each day during which the violation or failure or re fusal to comply continues shall be a separate violation."
Section 9. Said chapter is further amended by striking Code Section 12-7-17, relating to exemptions, and inserting in lieu thereof a new Code section to read as follows:
"12-7-17. This chapter shall not apply to the following activities:
(1) Surface mining, as the same is defined in Code Section 12-4-72;
(2) Granite quarrying and land clearing for such quarrying;
(3) Such minor land-disturbing activities as home gardens and individual home land scaping, repairs, maintenance work, and other related activities which result in minor soil erosion;
(4) (A) The construction of single-family residences when such are constructed by or under contract with the owner for his own occupancy; or
(B) The construction of single-family residences not a part of a larger project and not exempted under subparagraph (A) of this paragraph; provided, however, that construction of any such residence not otherwise exempt must conform to the minimum standards as set forth in Code Section 12-7-6 and that such standards may be enforced by the issuing authority;
(5) Agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; forestry land management practices, including harvesting; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings;
(6) Any project carried out under the technical supervision of the Soil and Water Con servation Service of the United States Department of Agriculture;
(7) Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, 'state waters' excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is an issuing authority from regulating any such project which is not specifically exempted by subparagraph (B) of paragraph (4) or by paragraph (1), (2), (3), (5), (6), (8), (9), or (10) of this Code section;
(8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority; or any road construction or maintenance project, or both,

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undertaken by any county or municipality; or construction and maintenance, or either, by any water or sewerage authority established by the General Assembly of this state; provided, however, that:
(A) If such projects are constructed within 200 feet of the banks of any channels or drainageways which have water in them only during and immediately after rainfall events or intermittent streams which do not have water in them year round, then such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects;
(B) If such projects are constructed within 200 feet of the banks of any state waters which do not have water in them year round and in which the drainage area of the water shed upstream from such projects is less than three square miles, then such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects;
(C) If such projects are constructed within 200 feet of the banks of any state waters which do have water in them year round and in which the drainage area of the watershed upstream from such projects is equal to or more than three square miles, then such projects shall conform to the minimum standards set forth in Code Section 12-7-6; and
(D) If such projects are constructed within 100 feet (horizontal) of the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' regardless of the size of the watershed area, then such projects shall conform to the minimum standards set forth in Code Section 12-7-6;
(9) Any land-disturbing activities conducted by any airport authority, provided that any such land-disturbing activity shall conform to the minimum standards set forth in Code Section 12-7-6; or
(10) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-disturbing activity shall conform to the minimum standards set forth in Code Section 12-7-6."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate adopt the Conference Committee report on SB 84.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd

Land Langford McKenzie Newbill Peevy Perry Phillips Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Stumbaugh

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Tate Taylor

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Brannon Coverdell Fuller

Garner Olmstead Parker

Ragan of 32nd Starr

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 84.

HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th and others:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.

The Conference Committee report on HB 209 was as follows:

The Committee of Conference on HB 209 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 209 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Pierre Howard Senator, 42nd District
/s/ Quillian Baldwin Senator, 29th District
/s/ Harrill L. Dawkins Senator, 45th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. M. Childers Representative, 15th District
/s/ Bobby E. Parham Representative, 105th District
/s/ Jim Pannell Representative, 122nd District

Conference Committee substitute to HB 209:

A BILL
To be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to ordering, prescribing, compounding, dispensing, and administering drugs by certain persons; to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to change the provisions relating to powers of the Georgia Board of Nursing; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions; to authorize physi cians and pharmacists to delegate to certain physician's assistants and licensed registered professional nurses the authority to perform certain acts, to provide conditions and limita tions regarding such delegation, and to exclude such performance from constituting the practice of medicine; to authorize the performance of such delegated acts; to authorize the performance of certain acts in life-threatening situations; to provide for powers of certain state licensing boards; to provide for statutory construction; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 26-4-4 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding after subsection (b) thereof a new sub section to read as follows:
"(b.l) Any term used in this subsection and defined in Code Section 43-34-26.1 shall have the meaning provided for such term in Code Section 43-34-26.1. Parts 2, 3, 4, and 6 of Article 2 of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-26.1 to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 4334-26.1. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-26.1, with regard to the drugs so dispensed that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section."
Section 2. Title 43 of the Official Code of Georgia Annotated, relating to businesses and professions, is amended by striking "and" at the end of paragraph (10) of subsection (a) of Code Section 43-26-4, relating to powers of the Georgia Board of Nursing, striking the pe riod at the end of paragraph (11) of that subsection (a) and inserting in its place "; and", and by adding immediately thereafter a new paragraph to read as follows:
"(12) Promulgate rules and regulations governing nurses performing under a nurse pro tocol as authorized in Code Section 43-34-26.1."
Section 3. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, is amended by adding immediately following Code Section 43-34-26 a new Code section to read as follows:
"43-34-26.1. (a) As used in this Code section, the term:
(1) 'Administer' means to give a unit dose of any drug or to perform any medical treat ment or diagnostic study.
(2) 'Controlled substance' means any controlled substance, as defined in Code Section 16-13-21, except any Schedule I controlled substance listed in Code Section 16-13-25.
(3) 'Dispense' means to issue one or more doses of any drug in a suitable container with appropriate labeling for subsequent administration to, or use by, a patient.
(3.1) 'Dispensing procedure' means a written document signed by a licensed pharmacist and a licensed physician which document establishes the appropriate manner under which drugs may be dispensed pursuant to this Code section.
(4) 'Dangerous drug' means any dangerous drug, as defined in Code Section 16-13-71, but does not include any controlled substance or Schedule I controlled substance.
(5) 'Drug' means any dangerous drug or controlled substance.
(5.1) 'Job description' means a document signed by a licensed physician and describing the duties which may be performed by a physician's assistant, by which document the phy sician delegates to that physician's assistant the authority to perform certain medical acts pursuant to subsection (b) of this Code section and which acts shall include, without being limited to, the administering and ordering of any drug.
(6) 'Nurse' means a person who is a registered professional nurse licensed as such under Chapter 26 of this title.
(7) 'Nurse protocol' means a written document mutually agreed upon and signed by a nurse and a licensed physician, by which document the physician delegates to that nurse the authority to perform certain medical acts pursuant to subsection (b) of this Code section, and which acts shall include, without being limited to, the administering and ordering of any drug.
(8) 'Order' means to select a drug, medical treatment, or diagnostic study through phy-

WEDNESDAY, MARCH 15, 1989

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sician delegation in accordance with a nurse protocol or a physician's assistant's job descrip tion. Ordering under such delegation shall not be construed to be prescribing, which act can only be performed by the physician, nor shall ordering of a drug be construed to authorize the issuance of a written prescription.
(9) 'Physician's assistant' means a person certified as a physician's assistant pursuant to Article 4 of this chapter, the 'Physician's Assistant Act.'
(b) (1) A physician may delegate to:
(A) A physician's assistant in accordance with a job description; or
(B) A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, certified nurse practitioner, or clinical nurse specialist, psychiatric/mental health in accordance with a nurse protocol
the authority to order controlled substances selected from a formulary of such drugs estab lished by the Composite State Board of Medical Examiners and the authority to order dan gerous drugs, medical treatments, and diagnostic studies.
(2) A physician may delegate to a nurse or physician's assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physician's assis tant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's assistant orders or dispenses those dangerous drugs, medical treatments, or diagnostic studies:
(A) As an agent or employee of:
(i) The division of public health of the Department of Human Resources;
(ii) Any county board of health; or
(iii) Any organization;
(I) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, other than an organization which is a hospital, preferred provider organization, health maintenance organization, or similar organ ization; or
(II) Established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Services Act,
which organization provides that those medical services and dangerous drugs which are or dered or dispensed by its physician's assistants and nurses will be provided at no cost to the patient or at a cost based solely upon the patient's ability to pay; and
(B) In conformity with subsection (b.l) of Code Section 26-4-4 and the rules and regu lations established pursuant thereto by the State Board of Pharmacy.
(3) In addition, a physician may delegate to a nurse or physician's assistant the author ity to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physi cian's assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's assistant orders or dispenses such drugs, treat ments, or studies to a patient of an outpatient clinic:
(A) Which is owned or operated by a licensed hospital;
(B) Which provides such drugs, treatments, or studies free or at a charge to the patient based solely upon the patient's ability to pay; provided, however, such charge shall not ex ceed the actual cost to the outpatient clinic; and
(C) Whose services are primarily provided to the medically disadvantaged
and that nurse or physician's assistant orders or dispenses such drugs in conformity with

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subsection (b.l) of Code Section 26-4-4 and the rules and regulations established pursuant thereto by the State Board of Pharmacy.
(4) Delegation of authority to a physician's assistant pursuant to this subsection shall be authorized only if that delegation is contained in the job description approved for that physician's assistant by the Composite State Board of Medical Examiners.
(5) Delegation of authority to a nurse pursuant to this subsection shall be authorized only if that delegation is contained in a nurse protocol for that nurse.
(c) The Composite State Board of Medical Examiners shall be empowered to promul gate rules and regulations governing physicians and physician's assistants to carry out the intents and purposes of this Code section, including establishing criteria and standards gov erning physician's, physician's assistants, job descriptions, and nurse protocols. The board shall be authorized to require that protocols not falling within such established criteria and standards be submitted to the board for review and approval or rejection.
(d) Notwithstanding any other provision of law to the contrary, a physician's assistant or nurse may perform any act authorized to be performed by that person pursuant to and in conformity with this Code section without such act constituting the practice of medicine.
(e) Nothing in this Code section shall be construed to limit or repeal Articles 2, 4, and 6 of this chapter, relating to physicians, osteopaths, physician's assistants, and respiratory therapists, or Article 1 of Chapter 26 of this title, relating to registered nurses.
(f) Nothing in this Code section shall be construed to limit or repeal any existing au thority of a licensed physician to delegate to a qualified person any acts, duties, or functions which are otherwise permitted by law or established by custom.
(g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse or physician's assistant.
(h) Nothing in this Code section shall be construed to limit or repeal the authority of any organization described in division (i) or (ii) of subparagraph (A) of paragraph (2) of subsection (b) of this Code section or any organization established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254(b) or 254(c) of the United States Public Health Service Act to supervise its agents or employees or interfere with the employer and employee relationship of any such agents or employees.
(i) Notwithstanding any other provision of law to the contrary, a physician's assistant or nurse may perform any act deemed necessary to provide treatment to a hospital or nurs ing home patient in a life-threatening situation when such act is authorized by standing procedures established by the medical staff of the hospital or nursing home."
Section 4. Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Physician's Assistant Act," is amended by adding at the end of Code Section 43-34103, relating to applications for assistants, a new subsection to read as follows:
"(g) Nothing in this article shall be construed to prohibit a physician's assistant from performing those acts the performance of which have been delegated to that physician's assistant pursuant to and in conformity with Code Section 43-34-26.1"
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Baldwin of the 29th moved that the Senate adopt the Conference Committee report on HB 209.
On the motion, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 15, 1989

2323

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun
CCoovlhe. nrds ell Dawkins Deal Echols Edge English

Engram Fincher Foster Garner
Gillis Hammill g oward
JHKouehgnngnsmeodnsy
Kidd Land Langford McKenzie Newbill

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd j^ Scott of 2nd
Scott of 36th Shumake
Tate Taylor Timmons Turner Tysinger

Voting in the negative were Senators Allgood and Peevy.

Those not voting were Senators:

Brannon Coleman Dean Fuller

Harris Olmstead Parker

Starr Stumbaugh Walker

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 209.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 347. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is in volved in any traffic accident.
Senator Deal of the 49th moved that the Senate agree to the House amendment to SB 347.

Senator Land of the 16th moved that the House amendment to SB 347 be printed.
On the motion offered by Senator Land of the 16th, the yeas were 35, nays 1; the mo tion prevailed, and the House amendment to SB 347 was ordered printed, and the action on the motion offered by Senator Deal of the 49th was postponed subject to the printing.

The following resolution of the Senate was taken up for the purpose of considering the House action thereon:

SR 54. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.

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Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to the House substitute to SR 54, 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 the House substitute to SR 54.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Walker of the 43rd and Albert of the 23rd.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 165. 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 change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions re lating to procedures for qualification of candidates generally.

The Conference Committee report on SB 165 was as follows:

The Committee of Conference on SB 165 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 165 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Culver Kidd Senator, 25th District
/s/ Gene Walker Senator, 43rd District
Tommy C. Olmstead Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bob Holmes Representative, 28th District
/s/ Roy D. Moultrie Representative, 93rd District
/s/ Ray Holland Representative, 136th District

Conference Committee substitute to SB 165:

A BILL
To be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to change the date of the general primary; to change the provisions relating to procedures for qualification of candidates gen erally; to change the provisions relating to the fixing and publishing of qualification fees; to change the provisions relating to the filing of notice of candidacy, nomination petition, and affidavit; to change the provisions relating to the restriction on nominated candidate's with drawal and filling of vacancy following withdrawal; to change the provisions relating to the date of the general primary; to change the provisions relating to qualification of candidates for party nomination in a primary; to change the provisions relating to certification of politi cal party candidates; to change the provisions relating to the nomination of presidential electors and candidates of political bodies by convention; to change the provisions relating to the holding of conventions; to change the provisions relating to preparation and delivery of ballots, envelopes, and other supplies; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," is amended by striking in its entirety Code Section 21-2-131, relat ing to the fixing and publishing of qualification fees, and inserting in lieu thereof a new Code Section 21-2-131 to read as follows:
"21-2-131. (a) Qualification fees for party and public offices shall be fixed and published as follows:
(1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or elec tion. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed the 3 percent of the income derived from such office by the person holding the office for the preceding year;
(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secre tary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office.
(b) Qualifying fees shall be paid as follows:
(1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies;
(2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy if filed by the candidate.
(c) Qualifying fees shall be prorated and distributed as follows:
(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the su perintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election;
(2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifi cations in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election;

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(3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election;
(4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: 25 percent to be transmitted to the state treasury; 75 percent to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election."
Section 2. Said chapter is further amended by striking in their entirety subsections (a) through (d) of Code Section 21-2-132, relating to the filing of notice of candidacy, nomina tion petition, and affidavit, and inserting in lieu thereof new subsections (a) through (d) to read as follows:
"(a) The names of nominees of political parties nominated in a primary and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section.
(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Su preme Court shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday follow ing the fourth Monday in April.
(c) All other candidates shall file their notice of candidacy and pay the prescribed quali fying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his

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county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later that 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election.
(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he filed his notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incum bent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter;
(4) A candidate seeking election to the office of judge of a state court, judge of a supe rior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or
(5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candi dates for state-wide public office under the provisions of Code Section 21-2-180."
Section 3. Said chapter is further amended by striking in its entirety Code Section 21-2134, relating to the restriction on nominated candidate's withdrawal and on filling of va cancy following withdrawal, and inserting in lieu thereof a new Code Section 21-2-134 to read as follows:
"21-2-134. (a) No candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate.
(b) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the fol lowing manner:
(1) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive com mittee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a conven ient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairman and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive com mittee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A twothird's majority of the delegates of such county executive committees shall constitute a quo rum for the transaction of business, and a majority of the delegates present while a quorum

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exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the con vention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for the purpose;
(2) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state execu tive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclu sively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; and
(3) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommit tee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualifi cation of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been noti fied of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive commit tee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not re quired, to seek the recommendation of any of the following persons for the purpose of deter mining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former offi cials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult.
(c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the death or disqualification of any candidate after nomination, may be filled by a substitute nomination made by such committee as is author ized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket.
(d) If the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the va-

WEDNESDAY, MARCH 15, 1989

2329

cancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as pro vided in Code Section 21-2-540.
(e) In the event a candidate dies or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner:
(1) If the vacancy occurs prior to 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a ma jority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and
(2) If the vacancy occurs within 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall re open qualifications for any state office and the election superintendent shall reopen qualifi cations for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election.
(f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secre tary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths."
Section 4. Said chapter is further amended by striking in its entirety Code Section 21-2150, relating to the date of the general primary and date of the nonpartisan primary, and inserting in lieu thereof a new Code Section 21-2-150 to read as follows:
"21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section.
(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each evennumbered year, except as provided in subsection (c) of this Code section.
(c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the po litical party whose candidates received the next highest number of votes in the last presi dential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted."

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Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a pri mary, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease quali fying at 12:00 Noon on the Friday following the fourth Monday in April. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 6. Said chapter is further amended by striking in its entirety Code Section 21-2154, relating to certification of political party candidates, and inserting in lieu thereof a new Code Section 21-2-154 to read as follows:
"21-2-154. At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding general primary election. Such certification shall be accompanied by one-half of the qualifying fees paid by such candidates as prescribed in Code Section 21-2-131. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter."
Section 7. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 21-2-172, relating to the nomination of presidential electors and candidates of political bodies by convention, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A convention for the purpose of nominating candidates shall be held at least 150 days prior to the date on which the general election is conducted."
Section 8. Said chapter is further amended by striking in its entirety Code Section 21-2187, relating to the holding of conventions, and inserting in lieu thereof a new Code Section 21-2-187 to read as follows:
"21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Mon day in June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the second Tuesday in July following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the general election ballot."
Section 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-384, relating to preparation and delivery of ballots, envelopes, and other supplies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 45 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The board of regis trars shall, within two days after the receipt of such supplies, deliver or mail official absen tee ballots to all eligible applicants; and, as additional applicants are determined to be eligi ble, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office of the board of registrars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or deliv ered to an elector and the date it is returned shall be entered on the application therefor. The registrar may deliver on the day of a primary or election an absentee ballot to a person

WEDNESDAY, MARCH 15, 1989

2331

confined to a hospital. In the event an absentee ballot which has been mailed by the board of registrars is not received by the applicant, the applicant may notify the board of regis trars and sign an affidavit stating that the absentee ballot has not been received. The board of registrars shall then issue a second absentee ballot to the applicant and cancel the origi nal ballot issued. The affidavit shall be attached to the original application. A second appli cation for an absentee ballot shall not be required."
Section 10. 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 SB 165.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Brannon Broun Clay Coleman Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Hammill Muggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Burton Collins

Howard Scott of 2nd

Shumake

Those not voting were Senators:

Allgood Baldwin

Fuller Harris

Olmstead Starr

On the motion, the yeas were 45, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on SB 165.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as substituted by the House, to the following bill of the House:

HB 274. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 34-9-105 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensa tion, so as to provide that appeals to the superior court and an application for

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review to the board made from the same final award of an administrative law judge shall be heard first by the board with appeal rights to the superior court.

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 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Board of Postsecondary Vocational Edu cation to the State Board of Technical and Adult Education.

The Speaker has appointed on the part of the House, Representatives Moore of the 139th, Mangum of the 57th and Cummings of the 17th.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 27. By Senators Taylor of the 12th, Land of the 16th, Shumake of the 39th and others:
A resolution urging the Commissioner of Insurance to exercise his authority with regard to the capricious and unfair termination of the appointment of property and casualty insurance agents.

The House amendment was as follows:

Amend SR 27 by inserting on line 4 of page 1 between the word "agents" and the semicolon, on line 13 of page 2 between the word "insurers" and the word "and", and on line 21 of page 2 between the word "agents" and the period the following:
"which involve a violation of the insurance laws of this state".

Senator Taylor of the 12th moved that the Senate agree to the House amendment to SR27.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Coverdell Dawkins Deal Dean

Echols Edge English Engram Fincher Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land

Langford McKenzie Newbill Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh

WEDNESDAY, MARCH 15, 1989

2333

Tate Taylor

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Brannon Coleman Foster

Fuller Harris Olmstead

Peevy Scott of 2nd

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 27.

The following bill of the Senate, having been taken up previously today for the purpose of considering the House amendment thereto, and action on the motion offered by Senator Deal of the 49th postponed subject to the printing of the House amendment, was continued upon its consideration:

SB 347. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is in volved in any traffic accident.

The House amendment was as follows:

Amend SB 347 by inserting on line 10 of page 1 after the word and symbol "tests;" the following:
"to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide that certain license suspensions shall be deleted upon the acceptance of a plea and entry of a court order;".
By inserting after line 34 of page 3 the following:
"Section 2. Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that the license suspension of a person who refused to submit to a test or tests provided in Code Section 40-5-55, but who within 180 days of the date of arrest enters a plea of guilty to a charge of violating Code Section 40-6-391, shall be deleted upon the acceptance of such plea and receipt by the Department of Public Safety of an authorization from the prosecutor or, where there is no prosecutor, from the judge authorizing the dele tion. If a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months.'"
By redesignating Section 2 as Section 3.

On the motion offered by Senator Deal of the 49th that the House amendment be agreed to, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Barker Barnes

Bowen Broun

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Coleman Deal Echols EEnngglriasmh
Foster
Gillis
Hammill

Johnson Kidd Langford MPacrKkeernzie
Peevy
Perry
Pollard

Ray Scott of 2nd Scott of 36th cSh, umak, e
Starr
Taylor
Walker

Those voting in the negative were Senators:

Baldwin Brannon Burton Clay Collins Coverdell
Dawkins
Dean

Edge Fincher Garner Howard Huggins Land
Newbill
Phillips

Ragan of 10th Ragan of 32nd Stumbaugh rpate
Timmons Turner Tysinger

Those not voting were Senators:

Fuller Harris

Kennedy

Olmstead

On the motion, the yeas were 29, nays 23; the motion prevailed, and the Senate agreed to the House amendment to SB 347.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 267. By Senators Stumbaugh of the 55th, Taylor of the 12th, Dawkins of the 45th and Tysinger of the 41st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

The Conference Committee report on SB 267 was as follows:

The Committee of Conference on SB 267 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 267 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Lawrence Stumbaugh Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wesley Dunn Representative, 73rd District
/s/ Pete Robinson Representative, 96th District
/s/ J. Crawford Ware Representative, 77th District

WEDNESDAY, MARCH 15, 1989

2335

Conference Committee substitute to SB 267:
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 for creation of the Georgia High Risk Health Insur ance Plan; to provide for a short title; to provide for definitions; to provide for the operation and authority of the plan; to provide for the assignment of the plan to the Department of Insurance for administrative purposes; to provide for a board of directors; to provide for powers, duties, and compensation of the board; to provide for other matters relative to the board; to provide for powers and duties of the Commissioner of Insurance with respect to the plan; to provide for eligibility of coverage under the plan; to provide for selection of an administrator of the plan; to provide for duties, powers, and responsibilities of the adminis trator; to provide for submission to the board of reports regarding operation of the plan; to provide for availability of benefits; to provide for covered services; to provide for exclusions; to provide for premiums, deductibles, and coinsurance; to provide for exclusion of preexist ing conditions for certain time periods; to provide for nonduplication of benefits; to provide that certain actions of the plan or the board shall not be the basis for any legal action; to authorize appropriations, gifts, and donations to the plan; to provide that gifts or donations shall be considered trust funds; to exempt the plan from all state and local taxes; to provide for other matters relative to the foregoing; to provide an effective date for certain purposes and conditions for an effective date for all purposes; 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 adding at the end thereof a new Chapter 43 to read as follows:
"CHAPTER 43
33-43-1. This chapter shall be known and may be cited as the 'Georgia High Risk Health Insurance Plan.'
33-43-2. As used in this chapter, the term:
(1) 'Accident and sickness insurance' means that type of insurance as defined in Code Section 33-7-2 but does not include short-term disability, fixed indemnity, limited benefit, or credit insurance coverage issued as a supplement to liability insurance, insurance arising out of a workers' compensation or similar law, automobile medical payment insurance, or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent selfinsurance.
(2) 'Benefits' means the coverages to be offered by the plan to eligible persons pursuant to Code Section 33-43-7.
(3) 'Board' means the board of directors of the plan.
(4) 'Commissioner' means the Commissioner of Insurance.
(5) 'Department' means the Department of Insurance.
(6) 'Health maintenance organization' means any organization authorized to transact business in this state pursuant to Chapter 21 of this title.
(7) 'Hospital' means any institution or medical facility as defined in Code Section 31-7-1.
(8) 'Insurance arrangement' means any plan, program, contract, or any other arrange ment under which one or more employers, unions, or other organizations provide to their employees or members, either directly or indirectly through a trust or third-party adminis trator, health care services or benefits in a manner other than through an insurer.
(9) 'Insured' means any individual resident of this state who is eligible to receive bene fits from any insurer or insurance arrangement as defined in this Code section.

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(10) 'Insurer' means any insurance company authorized to transact accident and sick ness insurance business in this state, any nonprofit medical service corporation, any non profit hospital service corporation, any health care plan, and any health maintenance organ ization authorized to transact business in this state.
(11) 'Medicare' means coverage under both Parts A and B of Title XVIII of the Social Security Act, 42 USC 1395, et seq., as amended.
(12) 'Method of operation' means the method of operation of the plan, including arti cles, bylaws, and operating rules adopted by the board pursuant to Code Section 33-44-3.
(13) 'Physician' means a person licensed to practice medicine under Chapter 34 of Title 43.
(14) 'Plan' means the Georgia High Risk Health Insurance Plan as created in Code Section 33-43-3.
33-43-3. (a) There is created a body corporate and politic to be known as the 'Georgia High Risk Health Insurance Plan" which shall be deemed to be an instrumentality of the state and a public corporation. The Georgia High Risk Health Insurance Plan shall have perpetual existence and any change in the name or composition of the plan shall in no way impair the obligations of any contracts existing under this chapter. The Georgia High Risk Health Insurance Plan is assigned to the Department of Insurance for administrative pur poses only as prescribed in Code Section 50-4-3.
(b) There is created a board of directors of the Georgia High Risk Health Insurance Plan to be composed of ten members appointed as provided in this subsection and the Com missioner of Insurance, who shall serve as an ex officio member. The Commissioner shall appoint, with the approval of the Governor, one member who shall represent domestic in surers licensed to transact accident and sickness insurance in this state, one member who shall represent a domestic nonprofit health care service plan, and one member who shall be a hospital administrator. The Governor shall appoint two members who shall be consumers, one member who shall represent employers who have more than 25 employees, one member who shall represent employers who have less than 25 employees, one member who shall represent health maintenance organizations, one member who shall be a licensed physician, and one member who shall either be a representative of the Department of Human Re sources or a representative of a government agency involved directly or indirectly in state wide health planning. All members of the board shall serve for terms of six years, except the Commissioner whose term shall be concurrent with his term of office as Commissioner. The board shall select one of its members to serve as chairman. The members of the board of directors shall be required to take and subscribe before the Governor an oath to discharge the duties of their office faithfully and impartially. This oath shall be in addition to the oath required of all civil officers. The members of the board of directors shall not be entitled to compensation for their services but shall be entitled to reimbursement for their actual travel and expenses necessarily incurred in the performance of their duties when funds are availa ble for this purpose.
(c) The board of directors shall establish a method of operation for the plan and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable ad ministration of the plan. The method of operation and any amendments thereto shall be submitted to the Commissioner for his evaluation and he shall make recommendations to the board of directors if he feels revisions are required to assure the fair, reasonable, and equitable administration of the plan. The Commissioner shall, after notice and hearing, ap prove the method of operation, provided such is determined to be suitable to assure the fair, reasonable, and equitable administration of the plan. The method of operation shall become effective upon approval in writing by the Commissioner consistent with the date on which the coverage under this chapter may be made available. If the plan fails to submit a suitable method of operation within 180 days after the appointment of the board of directors or at any time thereafter fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary

WEDNESDAY, MARCH 15, 1989

2337

or advisable to effectuate the provisions of this Code section. Such rules shall continue in force until modified by the Commissioner or superseded by a method of operation submit ted by the board and approved by the Commissioner.
(d) In the method of operation the directors shall:
(1) Establish procedures for the handling and accounting of assets and moneys of the plan;
(2) Select an administrator, which shall be an insurer licensed to transact accident and sickness insurance in this state, in accordance with Code Section 33-43-5;
(3) Establish procedures for filling vacancies on the board of directors;
(4) Establish a fixed benefit schedule for the payment of benefits and cost containment features designed to assist in controlling the costs of the plan; and
(5) Develop and implement a program to publicize the existence of the plan, the eligi bility requirements, and procedures for enrollment and to maintain public awareness of the plan.
(f) The plan shall have the general powers and authority granted under the laws of this state to insurance companies licensed to transact accident and sickness insurance as defined under Code Section 33-43-2 and, in addition thereto, the specific authority to:
(1) Enter into contracts as are necessary or proper to carry out the provisions and pur poses of this chapter, including the authority to enter into contracts with similar funds or pools of other states for the joint performance of common administrative functions or with persons or other organizations for the performance of administrative functions. The plan shall have the authority to establish reciprocal agreements with similar pools or funds of other states and may agree to waive the residency requirement specified in subsection (a) of Code Section 33-43-4 with respect to persons who become residents of this state and were covered under a similar pool or fund with which the plan had established a reciprocal agreement;
(2) Bring or defend actions;
(3) Take such legal action as necessary to avoid the payment of improper claims against the plan or the coverage provided by or through the plan;
(4) Establish appropriate rates; rate schedules; rate adjustments; expense allowances; agents' referral fees; claim reserve formulas; cost containment features, including, but not limited to, second opinions for surgeries, review and auditing of claims, precertification of hospital admissions and surgeries, and preferred providers; and any other actuarial func tions appropriate to the operation of the plan. Rates and rate schedules may be adjusted for appropriate risk factors such as age and area variation in claim cost and shall take into consideration appropriate risk factors in accordance with established actuarial and under writing practices;
(5) Issue policies or certificates of insurance coverage in accordance with the require ments of this chapter; and
(6) Establish rules, conditions, and procedures for reinsurance of risks of the plan.
33-43-4. (a) Any individual person who has been a resident of this state for at least six months prior to the application for coverage shall be eligible for coverage under the plan, except the following:
(1) Any person who is at the time of plan application eligible for health care benefits under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977';
(2) Any person having terminated coverage in the plan unless 12 months have elapsed since such termination;
(3) Any person on whose behalf the plan has paid out $500,000.00 in benefits; and
(4) Inmates of public institutions and persons eligible for public programs.

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(b) Any person who ceases to meet the eligibility requirements of this Code section may be terminated at the end of the policy period.
(c) Any eligible person may apply for coverage under the plan. If such coverage is ap plied for within 30 days after the involuntary termination of previous accident and sickness insurance coverage and if premiums are paid to the plan for the entire coverage period to be issued, the effective date of the coverage under the plan shall be the date of termination of the previous coverage.
33-43-5. (a) The board of directors shall select an insurer through a competitive bidding process to administer claims payments of the plan. The board shall evaluate bids submitted based on criteria established by the board which shall include:
(1) The insurer's proven ability to handle individual accident and sickness insurance;
(2) The efficiency of the insurer's claim-paying procedures;
(3) An estimate of total charges for administering the plan; and
(4) The insurer's ability to administer the pool in a cost-efficient manner.
(b) (1) The administrator shall serve for a period of three years subject to removal for cause.
(2) At least one year prior to the expiration of each three-year period of service by the administrator, the board shall invite all insurers, including the insurer serving as the current administrator, to submit bids to serve as the administrator for the succeeding three-year period. Selection of the administrator for the succeeding period shall be made at least six months prior to the end of the current three-year period.
(c) (1) The administrator shall perform all eligibility and administrative claims pay ment functions relating to the plan.
(2) The administrator shall establish a premium billing procedure for collection of pre miums from insured persons. Billings shall be made on a periodic basis as determined by the board.
(3) The administrator shall perform all necessary functions to assure timely payment of benefits to covered persons under the plan, including:
(A) Making available information relating to the proper manner of submitting a claim for benefits to the plan and distributing forms upon which such submission shall be made; and
(B) Evaluating the eligibility of each claim for payment by the plan.
(4) The administrator shall submit to the board regular reports regarding the operation of the plan. The frequency, content, and form of the reports shall be as determined by the board.
(5) Following the close of each calendar year, the administrator shall determine net written and earned premiums, the expense of administration, and the paid and incurred losses for the year and report this information to the board and the department on a form as prescribed by the Commissioner.
(6) The administrator shall be paid as provided in the method of operation for its ex penses incurred in the performance of its services.
33-43-6. (a) Following the close of each fiscal year, the plan administrator shall deter mine the net premiums, which shall be total premiums less administrative expense al lowances, the plan expenses of administration, and the incurred losses for the year, taking into account investment income and other appropriate gains and losses, and shall report such information to the board of directors.
(b) The board of directors may revise the fixed schedule of benefits and cost contain ment features provided under the plan as necessary to ensure that the plan maintains ade quate resources for continued operation.

WEDNESDAY, MARCH 15, 1989

2339

33-43-7. (a) The plan shall offer major medical expense coverage to every eligible per son. Major medical expense coverage offered by the plan shall pay an eligible person's ex penses, subject to limits on the deductible and coinsurance payments authorized under par agraph (3) of subsection (d) of this Code section, up to an annual limit of $100,000.00 and up to a lifetime limit of $500,000.00 per covered individual. The annual limit and maximum lifetime limit provided under this subsection shall not be altered by the board, and no actu arial equivalent benefit may be substituted by the board.
(b) As used in this Code section, the term 'covered expenses' shall mean the scheduled benefits established for the following services and articles when determined by the board to be medically necessary:
(1) Hospital services;
(2) Professional services for the diagnosis or treatment of injuries, illnesses, or condi tions, other than dental, which services are rendered by a physician or by other licensed professionals at his direction;
(3) Drugs requiring a physician's prescription;
(4) Services of a licensed skilled nursing facility for not more than 120 days during a policy year;
(5) Services of a home health agency for not more than 120 services during a policy year;
(6) Use of radium or other radioactive materials;
(7) Oxygen;
(8) Anesthetics;
(9) Prostheses other than dental;
(10) Rental or purchase of durable medical equipment, other than eyeglasses and hear ing aids, for which there is no personal use in the absence of the conditions for which is prescribed;
(11) Diagnostic X-rays and laboratory tests;
(12) Oral surgery for excision of partially or completely unerupted, impacted teeth or for the gums and tissues of the mouth when not performed in connection with the extrac tion or repair of teeth;
(13) Services of a licensed physical therapist;
(14) Transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition;
(15) Services for diagnosis and treatment of mental and nervous disorders; and
(16) Professional services for the diagnosis or treatment of injuries, illnesses, or condi tions, which services are rendered by health care professionals licensed pursuant to Chapter 30, 35, or 39 of Title 43.
(c) Covered expenses shall not include the following:
(1) Any charge for treatment for cosmetic purposes other than surgery for the repair or treatment of an injury or a congenital bodily defect to restore normal bodily functions;
(2) Care which is primarily for custodial or domicilliary purposes;
(3) Any charge for confinement in a private room to the extent it is in excess of the institution's charge for its most common semiprivate room, unless a private room is pre scribed as medically necessary by a physician;
(4) That part of any charge for services rendered or articles prescribed by a physician, dentist, or other health care personnel which exceeds the scheduled benefits established by the board or for any charge not medically necessary;

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JOURNAL OF THE SENATE

(5) Any charge for services or articles the provision of which is not within the scope of authorized practice of the institution or individual providing the services or articles;
(6) Any expense incurred prior to the effective date of coverage by the plan for the person on whose behalf the expense is incurred;
(7) Dental care except as provided in paragraph (12) of subsection (b) of this Code section;
(8) Eyeglasses and hearing aids;
(9) Illness or injury due to acts of war;
(10) Services of blood donors and any fee for failure to replace the first three pints of blood provided to an eligible person each policy year; and
(11) Personal supplies or services provided by a hospital or nursing home or any other nonmedical or nonprescribed supply or service.
(d) (1) Separate schedules of premium rates based on age, sex, and geographical loca tion may apply for individual risks.
(2) The board of directors shall determine the standard risk rate by calculating the average individual standard rate charged by the five largest insurers offering coverages in the state comparable to the plan coverage. In the event five insurers do not offer comparable coverage, the standard risk rate shall be established using reasonable actuarial techniques and shall reflect anticipated experience and expenses for such coverage. Initial rates for cov erage under the plan shall not be less than 125 percent of rates established as applicable for individual standard risks. Subsequent rates shall be established to provide fully for the ex pected costs of claims, including recovery of prior losses, expenses of operation, investment income of claim reserves, and any other cost factors subject to the limitations described in this chapter; provided, however, that in no event shall plan rates exceed 150 percent of rates applicable to individual standard risks. All rates and rate schedules shall be submitted to the Commissioner for his review and evaluation and he may make recommendations to the board concerning rates for coverage under the plan.
(3) The plan coverage defined in this Code section shall provide optional deductibles of $500.00 or $1,500.00 per annum per individual and coinsurance of 20 percent, such coinsur ance and deductibles in the aggregate not to exceed $2,000.00 per individual nor $4,000.00 per family per annum. The deductibles and coinsurance factors may be adjusted annually according to the Medical Component of the Consumer Price Index.
(e) Plan coverage shall exclude all charges or expenses incurred during the first six months following the effective date of coverage and charges or expenses incurred which are in excess of $10,000.00 per insured individual during the seventh through twelfth months following the effective date of coverage as to any condition which during the six-month pe riod immediately preceding the effective date of coverage:
(1) Had manifested itself in such a manner as would cause an ordinarily prudent person to seek diagnosis, care, or treatment; or
(2) For which medical advice, care, or treatment was recommended or received.
Such preexisting condition exclusions shall be waived to the extent to which similar exclu sions, if any, have been satisfied under any prior accident and sickness insurance coverage which was involuntarily terminated, provided that application for plan coverage is made not later than 30 days following such involuntary termination, and in such case, coverage under the plan shall be effective from the date on which such prior coverage was terminated.
(f) (1) Benefits otherwise payable under plan coverage shall be reduced by all amounts paid or payable through any other accident and sickness insurance or insurance arrange ment and by all hospital and medical expense benefits paid or payable under any workers' compensation coverage, automobile medical payment, or liability insurance, whether pro-

WEDNESDAY, MARCH 15, 1989

2341

vided on the basis of fault or no-fault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law or program except Medicaid.
(2) The administrator or the board of directors of the plan shall have a cause of action against an eligible person for the recovery of the amount of benefits paid which are not covered expenses. Benefits due from the plan may be reduced or refused as a setoff against any amount recoverable under this paragraph.
33-43-8. The establishment of rates, forms, procedures, or fixed schedules of benefits or any other similar action required by this chapter shall not be the basis of any legal action, criminal or civil liability, or penalty against the plan or the board of directors of the plan.
33-43-9. The plan established pursuant to this chapter shall be exempt from any and all taxes levied by this state or any of its political subdivisions.
33-43-10. (a) The plan shall be authorized to receive donations or gifts from individuals, private organizations, foundations, or other sources and shall be authorized to receive state funds or any federal funds which may become available. Any funds received as donations or gifts shall be deemed trust funds to be held and applied solely for the purposes of this chapter.
(b) The General Assembly shall be authorized, but in no event shall be required, to appropriate moneys to the plan."
Section 2. This Act shall become effective on July 1, 1989, only for the purposes of the appointment of the board of directors and the establishment of elements of the method of operation of the plan by the board. This Act shall become effective for all purposes only upon the appropriation of funds by the General Assembly necessary to carry out the pur poses of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Stumbaugh of the 55th moved that the Senate adopt the Conference Commit tee report on SB 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 Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean

Echols English Engram Fincher Foster Garner Gillis Hammill Howard Huggins Kidd Land Langford McKenzie Newbill Parker

Peevy Perry Pollard 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:

Edge Fuller Harris

Johnson Kennedy Olmstead

Phillips Starr

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JOURNAL OF THE SENATE

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 267.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Postsecondary Vocational Education to the State Board of Technical and Adult Education.

Senator Foster of the 50th moved that the Senate adhere to the Senate substitute to HB 628, 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 628.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Foster of the 50th, Deal of the 49th and Engram of the 34th.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following bills of the House were taken up for the purpose of considering the Con ference Committee reports thereon:

HB 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child wel fare services and services to courts.

The Conference Committee report on HB 390 was as follows:

The Committee of Conference on HB 390 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 390 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Ed Barker Senator, 18th District
/s/ Gary Parker Senator, 15th District
/s/ Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Hugh Boyd Pettit III Representative, 19th District
/s/ Roy D. Moultrie Representative, 93rd District
/s/ Doug Teper Representative, 46th District

WEDNESDAY, MARCH 15, 1989

2343

Conference Committee substitute to HB 390:
A BILL
To be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child welfare services and services to courts; 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 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," is amended by striking subparagraph (a)(2)(B), which reads as follows:
"(B) Protective services that will investigate complaints of deprivation, abuse, or aban donment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency;",
and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Abuse incidents that do not involve the child's parent, guardian, or individuals regularly in the family home, are criminal in nature, are beyond the purview of protective services, and, upon receipt, shall be referred to local law enforcement agencies, provided however that prior to the transfer of responsibility under this Code section, protective ser vices' shall, on an annual basis, train local law enforcement personnel pursuant to the guide lines promulgated by the department for cases or reports of child abuse. Protective services' intervention in noncaretaker incidents will occur only when the parent is unwilling or una ble to protect the child. Protective services' involvement in intrafamily litigation (i.e. di vorce or child custody proceedings) shall be limited to those instances where the court finds the child's welfare is at risk. Protective services' intervention for neglect will occur only when parents do not use their resources to protect and support their children adequately, putting the children at risk of harm. When a child is determined to be at risk and a parent refuses agency help, treatment services or removal must be imposed by court order. Inter vention for medical neglect shall occur only in situations of imminent danger to the child's life, health, or safety. The responsibility for protective services' intervention and involve ment under this subparagraph will terminate only after appropriate referral of an alleged incident of child abuse or neglect is made to the appropriate agency as specified by the applicable child abuse protocol required by Code Section 19-1-1;".
Section 2. Said Code section is further amended by striking subparagraph (a)(3)(C), which reads as follows:
"(C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed;",
and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) Making social studies and reports to the court with respect to children and youths who are either within departmental custody or for whom departmental custody has been petitioned. Except upon a specific finding by the Court that financial neglect or physical abuse may exist and therefore a child or children may be at risk, it shall not include in stances involving intrafamily litigation such as divorce or child custody proceedings;".
Section 3. The Department of Human Resources shall submit to the General Assembly on an annual basis a study of the anticipated impact of the implementation of this Act and any proposed changes to this Act on the Division of Family and Children Services, county department of family and children services, and other county based services. The first study shall be submitted no later than July 1, 1989.

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JOURNAL OF THE SENATE

Section 4. This Act shall become effective on April 15, 1990. Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Barker of the 18th moved that the Senate adopt the Conference Committee report on HB 390.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Hammill Howard Huggins Johnson Land Newbill Parker Peevy

Perry Phillips Pollard 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:

Albert Collins Fuller Harris

Kennedy (presiding) Kidd Langford McKenzie

Olmstead Ray Shumake

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 390.

HB 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Jus tices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.

The Conference Committee report on HB 55 was as follows:

The Committee of Conference on HB 55 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 55 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Larry Walker Representative, 115th District

WEDNESDAY, MARCH 15, 1989

2345

/s/ C. Donald Johnson Senator, 47th District
/s/ Thomas F. Allgood Senator, 22nd District

/s/ William J. Lee Representative, 72nd District
/s/ Denmark Groover, Jr. Representative, 99th District

Conference Committee substitute to HB 55:

A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the compensa tion of Justices of the Supreme Court and Judges of the Court of Appeals; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended by striking paragraphs (18) and (19) of subsection (a) and inserting in their place new paragraphs to read as follows:
"(18) Each Justice of the Supreme Court .............................. 90,514.00 (19) Each Judge of the Court of Appeals ............................. 89,931.00"
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval. For purposes only of the general appropriations Act for the year beginning July 1, 1989, the cost-of-living adjustment provisions of subsection (b) of Code Section 45-7-4 shall not apply with respect to Justices of the Supreme Court and Judges of the Court of Appeals.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Allgood of the 22nd moved that the Senate adopt the Conference Committee report on HB 55.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Broun
CCo'alyeman Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Garner
GRiolwlisard ., Johnson Langford Parker Peevy Perry

Pollard Ragan of 10th Ragan of 32nd Ray
SShcoutmt aokfe36th 0, Starr Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon
Collins Hammill

Land Scott of 2nd

Stumbaugh Tate

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JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Barker Bowen Burton Foster

Fuller Harris Huggins Kennedy (presiding) Kidd

McKenzie Newbill Olmstead Phillips Timmons

On the motion, the yeas were 34, nays 7; the motion prevailed, and the Senate adopted the Conference Committee report on HB 55.

HB 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.

The Conference Committee report on HB 719 was as follows:

The Committee of Conference on HB 719 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 719 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Hugh M. Gillis Senator, 20th District
/s/ Bill English Senator, 21st District
/s/ Lewis H. McKenzie Senator, 14th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Wade Milam Representative, 81st District
/a/ J. Crawford Ware Representative, 77th District
/s/ Dean Alford Representative, 57th District

Conference Committee substitute to HB 719:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to authorize local govermental entities to mandate within their respective jurisdictions the retail sale of low phosphorus household laundry detergents under certain circumstances; to provide for ordinances and the contents thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," is amended by adding, following Code Section 12-5-27, a new Code Section 12-5-27.1 to read as follows:
"12-5-27.1. Whenever a local govermental entity is required by the division to reduce phosphorus in its wastewater being discharged into the waters of the state, that local gover mental entity is required to consider within its jurisdiction the retail sale of low phosphorus household laundry detergents as a portion of their phosphorus reduction process and when shown to be a cost-effective component of the phosphorus reduction plan the local govern mental entity shall mandate the retail sale of low phosphorus household laundry detergent after the division's approval of the local governmental entity plan. Such local governmental entity shall accomplish such a mandate by passing a local ordinance to become effective in six months of the passage of the local ordinance. Such ordinance shall place a limit of 0.5 percent of phosphorus by weight which may be allowed in household laundry detergents."

WEDNESDAY, MARCH 15, 1989

2347

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th moved that the Senate adopt the Conference Committee re port on HB 719.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Land Parker Peevy Perry

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Harris Kennedy (presiding)

Kidd Langford McKenzie

Newbill Olmstead Phillips

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 719.

HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provi sions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.

The Conference Committee report on HB 139 was as follows:

The Committee of Conference on HB 139 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 139 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Pete Robinson Representative, 96th District

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/si Arthur B. Edge, IV Senator, 28th District
/s/ Donn M. Peevy Senator, 48th District

/a/ DuBose Porter Representative, 119th District
1st Charles A. Thomas, Jr. Representative, 69th District

Conference Committee substitute to HB 139:

A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the fed eral Family Support Act of 1988 (Pub. Law 100-485); to provide for charges to juries; to provide for verdicts; to amend the provisions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations; to provide for income deduction orders; to provide definitions for income deduction orders; to provide for the issuance of income deduction orders; to provide for enforcement of income deduction orders; to provide for guidelines for the setting of child support awards; to amend the provi sions relating to the use of child support award guidelines by the department; to amend the provisions relating to the authority to review child support orders periodically and modify such orders as conditions merit; to provide for the recovery of costs to employers for volun tary wage assigments; to provide for the removal of contract limitations on the department; to change the provisions relating to authority of district attorneys; to change the provisions relating to wage assignments; to change the provisions relating to voluntary wage assign ments; to provide for the inclusion of medical support and accident and sickness insurance coverage in administrative orders; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking Code Section 19-6-15, relating to child support in a final ver dict or decree, and inserting in lieu thereof a new Code Section 19-6-15 to read as follows:
"19-6-15. (a) In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final ver dict or decree shall further specify in what manner, how often, to whom, and until when the support shall be paid. When support is awarded, the party who is required to pay the sup port shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section but the jury shall not be required to return a special interrogatory. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section.
(b) The child support award shall be computed as provided in this subsection:
(1) Computation of child support shall be based upon gross income;
(2) For the purpose of determining the obligor's child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other in come, except need-based public assistance;
(3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be deter mined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income;
(4) Allowable expenses deducted to calculate self-employment income that personally

WEDNESDAY, MARCH 15, 1989

2349

benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income; and

(5) The amount of the obligor's child support obligation shall be determined by multi plying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are:

Number of Children

Percentage Range of Gross Income

1 2 3 4 5 or more

17 percent to 23 percent 23 percent to 28 percent 25 percent to 32 percent 29 percent to 35 percent 31 percent to 37 percent

These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determi nation of child support based on the evidence presented to it at the time of trial.

(c) The trier of fact may vary the final award of child support, up or down, outside the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding of special circumstances. The special circumstances may be any factor which the trier of fact deems to be required by the ends of justice. Some of the factors which may warrant such variations include, but are not limited to:

(1) Ages of the children;

(2) A child's medical costs or extraordinary needs;

(3) Educational costs;

(4) Day care costs;

(5) Shared physical custody arrangements, including extended visitation;

(6) A party's other support obligations to another household;

(7) Income that should be imputed to a party because of suppression of income;

(8) In-kind income for the self-employed, such as reimbursed meals or a company car;

(9) Other support a party is providing or will be providing, such as payment of a mortgage;

(10) A party's own extraordinary needs, such as medical expenses;

(11) Extreme economic circumstances (for example, unusually high debt structure or unusually high income which shall be construed as gross income of over $75,000.00 per annum);

(12) Historical spending in the family for children which varies significantly from the percentage table;

(13) Considerations of the economic cost of living factors of the community of each party, as determined by the trier of fact;

(14) In-kind contribution of either parent; and

(15) The income of the custodial parent.

(d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law. The

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commission shall also submit a report to the House Judiciary Committee and Senate Special Judiciary Committee during the 1991 regular session of the General Assembly. This report shall provide information which will allow these committees to review the effectiveness of the guidelines and, if necessary, revise these guidelines."
Section 2. Said title is further amended by adding at the end of Code Section 19-6-30, relating to provisions for collection by continuing garnishment for support, a new subsection (c) to read as follows:
"(c) All Title IV-D (child support recovery) cases involving orders of support of a child or spouse entered or modified prior to July 1, 1989, or thereafter shall be subject to income deduction as defined in Code Sections 19-6-31, 19-6-32, and 19-6-33. All other orders are expressly excluded from the application of these provisions."
Section 3. Said title is further amended by adding at the end of Chapter 6 of said title, relating to alimony and child support generally, three new Code sections, to be designated as Code Sections 19-6-31, 19-6-32, and 19-6-33, to read as follows:
"19-6-31. As used in Code Sections 19-6-32 and 19-6-33, the term:
(1) 'Accruing on a daily basis' means the amount of support computed by conversion of the periodic amount to an annual sum, divided by 365.
(2) 'Court' includes proceedings conducted by an appointed court referee and proceed ings conducted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' as relates to the enforcement of the duty of support as defined in Chapter 11 of Title 19.
(3) 'Department' means the Department of Human Resources.
(4) 'Family member' means any minor child of the defendant or a spouse or former spouse of the defendant.
(5) 'Income' or 'earnings' means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise and includes peri odic payments pursuant to a pension or retirement program.
(6) 'IV-D' means Title IV-D of the federal Social Security Act.
(7) 'IV-D agency' means the Office of Child Support Recovery of the Department of Human Resources and its contractors.
(8) 'IV-D judgment' means any order or judgment of a court of this state, any order or judgment of a court of another state or any final administrative order issued by another state and transmitted to this state for the purpose of wage deduction pursuant to Code Section 19-6-33, any order of this state entered pursuant to a proceeding under Chapter 10 of Title 19, or any final administrative order for support issued by the department under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(9) 'Periodic support' means support required by the terms of a court order or judgment or an administrative order to be paid regularly on a daily, weekly, monthly, or similar speci fied frequency.
19-6-32. (a) (1) After July 1, 1989, upon the application to the child support (IV-D) agency, and upon the entry of a judgment establishing, enforcing, or modifying a child sup port obligation or spousal support obligation under subsection (d) of Code Section 19-11-6, the court, referee of the court, or administrative hearing officer shall enter a separate order for income deduction if one has not been entered. Copies of the order shall be served on the obligee and obligor. If the support order directs that support payments be made through the child support receiver, the court shall provide a copy of the support order to the receiver. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the court, referee, or administrative hearing officer shall furnish copies of the support order and the income deduction order to the IV-D agency.
(2) For all child support orders or spousal support orders under subsection (d) of Code

WEDNESDAY, MARCH 15, 1989

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Section 19-11-6 prior to July 1, 1989, an order for income deduction may be issued without need for any amendment to the order involved or any further action by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative hearing officer is afforded.
(b) The income deduction order shall:
(1) Direct a payor to deduct from all income due and payable to an obligor the amount required by the court to meet the obligor's support obligation;
(2) State the amount of arrearage owed, if any, and direct a payor to withhold an addi tional 20 percent of the periodic amount specified in the support order, until full payment is made of an arrearage; and
(3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended.
(c) The income deduction order is effective immediately unless the court upon good cause shown finds that the income deduction shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both par ties which provides for an alternative arrangement.
(d) The income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of the court.
(e) When the court orders the income deduction to be effective immediately, the court shall furnish to the obligor a statement of his rights, remedies, and duties in regard to the income deduction order. The statement shall state:
(1) All fees or interest which shall be imposed;
(2) The total amount of income to be deducted for each pay period until the arrearage, if any, is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Sec tion 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended;
(3) That the income deduction applies to current and subsequent payors and periods of employment;
(4) That a copy of the income deduction order will be served on the obligor's payor or payors;
(5) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and
(6) That the obligor is required to notify the obligee and, when the obligee is receiving Title IV-D services, the IV-D agency within seven days of changes in the obligor's address and payors and the addresses of his payors.
(f) When the court orders the income deduction to be effective upon a delinquency in an amount equal to one month's support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee may enforce the income deduction by serving notice of delinquency on the obligor. The notice of delinquency shall state:
(1) The terms of the support order;
(2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed;
(3) All fees or interest which may be imposed;
(4) The total amount of income to be deducted for each pay period until the arrearage and all applicable fees and interest is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of

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that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b) as amended;
(5) That a copy of the notice of delinquency will be served on the obligor's payor or payers, together with a copy of the income deduction order unless the obligor applies to the court to contest enforcement of the order. The application shall be filed within 15 days after the date the notice of delinquency was served;
(6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and
(7) That the obligor is required to notify the obligee of the obligor's current address and current payors and the address of current payors. All changes shall be reported by the obli gor within seven days. If the IV-D agency is enforcing the order, the obligor shall make these notifications to the agency instead of to the obligee.
The failure of the obligor to receive the notice of delinquency does not preclude subsequent service of the income deduction order on the obligor's payor. A notice of delinquency which fails to state an arrearage does not mean that an arrearage is not owed.
(g) At any time, any party, including the IV-D agency, may apply to the court, referee of the court, or administrative hearing officer to:
(1) Modify, suspend, or terminate the order for income deduction because of a modifi cation, suspension, or termination of the underlying order for support; or
(2) Modify the amount of income deducted when the arrearage has been paid.
19-6-33. (a) The obligee or his agent shall serve an income deduction order and the notice to the payor, and in the case of a delinquency a notice of delinquency, on the obli gor's payor unless the obligor has applied for a hearing to contest the enforcement of the income deduction order pursuant to subsection (c) of this Code section.
(b) Service by or upon any person who is a party to a proceeding under this Code section shall be made in the manner prescribed by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.' Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail.
(c) (1) The obligor, within 15 days after having an income deduction order entered or within 15 days after service of a notice of delinquency, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of sup port, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay the service of an income deduction order on all payors of the obligor until a hearing is held and a determination is made as to whether the enforcement of the income deduction is proper. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the income deduction on the obli gor's payor.
(2) When an obligor timely requests a hearing to contest enforcement of an income deduction order, the court, referee, or administrative hearing officer after due notice to all parties and the IV-D agency, if the obligee is receiving IV-D services, shall hear the matter within 20 days after the application is filed. The court, referee, or administrative hearing officer shall enter an order resolving the matter within ten days after the hearing. A copy of this order shall be served on the parties and the IV-D agency if the obligee is receiving IV-D services. If the court determines that service of an income deduction order is proper, it shall specify the date the income deduction order must be served on the obligor's payor.
(d) When a court, court referee, or administrative hearing officer determines that an income deduction order is proper pursuant to subsection (c) of this Code section, the obligee or his agent shall cause a copy of the income deduction order and a notice to payor, and in

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2353

the case of a delinquency a notice of delinquency, to be served on the obligee's payers. A copy of the notice to the payor, and in the case of a delinquency a notice of delinquency, shall also be furnished to the obligor.
(e) The notice to payor shall contain only information necessary for the payor to com ply with the income deduction order. The notice shall:
(1) Require the payor to deduct from the obligor's income the amount specified in the income deduction order, and in the case of a delinquency the amount specified in the notice of delinquency, and to pay that amount to the obligee or to a child support receiver, the IVD agency, or other designee, as appropriate. The amount actually deducted plus all adminis trative charges shall not be in excess of the amount allowed under Section 303 (b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b);
(2) Instruct the payor to implement the income deduction order no later than the first pay period that occurs after 14 days following the date the notice was mailed;
(3) Instruct the payor to forward, within two days after each payment date, to the obli gee or the receiver the amount deducted from the obligor's income and a statement as to whether that amount totally or partially satisfies the periodic amount specified in the in come deduction order. If the IV-D agency is enforcing the order, the payor shall make these notifications to the agency instead of the obligee;
(4) Specify that if a payor willfully fails to deduct the proper amount from the obligor's income, the payor is liable for the amount the payor should have deducted, plus costs, inter est, and reasonable attorney's fees;
(5) Provide that the payor may collect up to $25.00 against the obligor's income to reimburse the payor for administrative costs for the first income deduction and up to $3.00 for each deduction thereafter;
(6) State that the income deduction order and the notice to payor, and in the case of a delinquency the notice of delinquency, are binding on the payor until further notice by the obligee, IV-D agency, or the court or until the payor no longer provides income to the obligor;
(7) Instruct the payor that, when the payor no longer provides income to the obligor, the payor shall notify the obligee and shall also provide the obligor's last known address and the name and address of the obligor's new payor, if known, and that, if the payor willfully violates this provision, the payor is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for any subsequent violation. If the IV-D agency is enforcing the order, the payor shall make these notifications to the agency instead of to the obligee. Pen alties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order;
(8) State that no payor may discharge an obligor by reason of the fact that income has been subjected to an income deduction order under Code Section 19-6-32 and that a viola tion of this provision subjects the payor to a civil penalty not to exceed $250.00 for the first violation or $500.00 for a subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor;
(9) Inform the payor that the income deduction order has priority over all other legal processes under state law pertaining to the same income and that payment, as required by the income deduction order, is a complete defense by the payor against any claims of the obligor or his creditors as to the sum paid;
(10) Inform the payor that if the payor receives income deduction orders requiring that the income of two or more obligors be deducted and sent to the same depository, he may combine the amounts paid to the depository in a single payment as long as he identifies that portion of the payment attributable to each obligor; and
(11) Inform the payor that if the payor receives more than one income deduction order

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against the same obligor, he shall contact the court for further instructions. Upon being so contacted, the court shall allocate amounts available for income deduction giving priority to current child support obligations up to the limits imposed under Section 303(b) of the fed eral Consumer Credit Protection Act, 15 U.S.C. Section 1673(b).
(f) At any time an income deduction order is being enforced, the obligor may apply to the court for a hearing to contest the continued enforcement of the income deduction order on the same grounds set out in subsection (c) of this Code section, with a copy to the obligee and, in IV-D cases, to the IV-D agency. The application does not affect the continued en forcement of the income deduction order until the court enters an order granting relief to the obligor. The obligee of the IV-D agency is released from liability for improper receipt of moneys pursuant to an income deduction order upon return to the appropriate party of any moneys received.
(g) An obligee, or his agent, shall enforce income deduction orders against an obligor's successor payor who is located in this state in the same manner prescribed in this Code section for the enforcement of an income deduction order against a payor.
(h) (1) When an income deduction order is to be enforced against a payor located outside the state, the obligee who is receiving IV-D services or his agent shall promptly request the agency responsible for income deduction in the other state to enforce the income deduction order. The request shall contain all information necessary to enforce the income deduction order, including the amount to be periodically deducted, a copy of the support order, and a statement or arrearages, if applicable.
(2) When the IV-D agency is requested by the agency responsible for income deduction in another state to enforce an income deduction order against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency in the other state, the IV-D agency shall act promptly pursuant to the applicable provisions of this Code section.
(3) When an obligor who is subject to an income deduction order enforced against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency responsible for income deduction in another state terminates his relationship with his payor, the IV-D agency shall notify the agency in the other state and provide it with the name and address of the obligor and the address of any new payor of the obligor, if known.
(4) The procedural rules and laws of this state govern the procedural aspects of income deduction orders whenever the agency responsible for income deduction in another state requests the enforcement of an income deduction order in this state.
(i) Certified copies of payment records maintained by a child support receiver or the IV-D agency shall, without further proof, be admitted into evidence in any legal proceeding in this state.
(j) No payor shall discharge an obligor by reason of the fact that income has been sub jected to an income deduction order under Code Section 19-6-32. A payor who violates this paragraph is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for any subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor.
(k) When a payor no longer provides income to an obligor, he shall notify the obligee and, if the obligee is an IV-D applicant, the IV-D agency and shall provide the obligor's last known address and the name and address of the obligor's new payor, if known. A payor who willfully violates this subsection is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for a subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order."

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2355

Section 4. Said title is further amended by striking Code Section 19-11-12, relating to the standard for determining ability to support, which reads as follows:
"19-11-12. (a) The department shall establish a standard by which the ability of the absent responsible parent to support his child or children shall be measured. The standard shall be designed to ensure that the child for whom support is sought benefits from the income and resources of the absent parent on an equitable basis in comparison with any other minor children of the absent parent.
(b) The standard established by the department pursuant to subsection (a) of this Code section shall take into consideration:
(1) All earnings, income, and resources of the absent parent, including real and personal property;
(2) The earnings potential of the absent parent;
(3) The reasonable necessities of the absent parent;
(4) The needs of the child for whom support is sought;
(5) The amount of assistance that would be paid the child under the full standard of need established by the state plan under the federal Social Security Act; and
(6) The existence of other dependents of the absent parent.
(c) An obligor shall not be relieved of his duty to provide support when he has brought about his own unstable financial situation by voluntarily incurring subsequent obligations.",
and inserting in lieu thereof a new Code Section 19-11-12 to read as follows:
"19-11-12. (a) The department shall determine the ability of the absent responsible parent to support his child or children in accordance with the guidelines prescribed in Code Section 19-6-15.
(b) The department shall implement a process for the periodic review and adjustment of IV-D child support agency orders so that the order is reviewed no later than 36 months from establishment or from the most recent review. Exceptions to this procedure are cases where the department determines that such a review would not be in the best interests of the child and neither parent has requested such a review and in cases in which application is made under subsections (c) and (d) of Code Section 19-11-6 (non-AFDC cases) if neither parent requests such a review.
(c) The procedures shall ensure that the state notify each parent subject to a child support order in effect in the state (1) of any review of such order, at least 30 days before the commencement of such review; (2) of the right of such parent to request the state to review such order; and (3) of a proposed adjustment (or determination that there should be no change) in the child support award amount, and such parent is afforded, not less than 30 days after such notification, an opportunity to initiate proceedings either through an admin istrative hearing within the department or before a court to challenge such adjustment or determination.
(d) The administrative order adjusting the child support award amount which results from a hearing or the failure to contest such shall, upon filing with the local clerk of the court, have the full effect of a modification of the original order or decree of support. As part of the order adjusting the child support award the hearing officer shall issue an income deduction order which shall also be filed with the court pursuant to Code Sections 19-6-30, 19-6-31, 19-6-32, and 19-6-33.
(e) An obligor shall not be relieved of his duty to provide support when he has brought about his own unstable financial condition by voluntarily incurring subsequent obligations."
Section 5. Said title is further amended by striking Code Section 19-11-15, relating to

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voluntary support agreements, and inserting in lieu thereof a new Code Section 19-11-15 to read as follows:
"19-11-15. (a) When the department has completed its investigation, has applied the standard established pursuant to Code Section 19-11-12 to an absent parent, and believes that the absent parent is able to furnish a certain amount of support, the department may request the absent parent to agree in writing to provide the support amount along with accident and sickness insurance coverage consistent with Code Section 19-11-26. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-34. If the department is unable to secure a voluntary support agreement from the parent, the depart ment or its designated hearing officer may conduct an administrative hearing to determine finally the ability to support, the ability to provide accident and sickness insurance cover age, and the amount of support.
(b) The hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least ten days before it is held, and the hearing decision shall issue not more than ten days after the hearing.
(c) Whenever the department, after a hearing, determines the amount of support and the ability to provide sickness and accident insurance coverage, it shall deliver the determi nation to the absent parent personally or shall send it by regular mail. The final order shall include an order for income deduction consistent with Code Sections 19-6-30 through 19-634, and inform the absent parent in plain language:
(1) That failure to support may result in the foreclosure of liens on his personal or real property, in garnishment of his wages or other personalty, or in other collection actions; and
(2) That he has the right to appeal the determination within 30 days."
Section 6. Said title is further amended by adding at the end of Code Section 19-11-20, relating to wage assignments, a new subsection (d) to read as follows:
"(d) The payor may collect up to $25.00 against the obligor's income to reimburse the payor for administrative costs for the first income deduction and up to $3.00 for each deduc tion thereafter."
Section 7. Said title is further amended by striking Code Section 19-11-23, relating to authority of district attorneys, and inserting in lieu thereof a new Code Section 19-11-23 to read as follows:
"19-11-23. The district attorneys of this state shall be authorized to render such assis tance to the department as the department may request and to file and prosecute, in any of the several courts of this state or of the United States, such civil or criminal actions on behalf of the department as may be necessary to ensure the proper enforcement of this article."
Section 8. 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 HB 139.

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 Broun Burton

Clay Coleman Collins Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Gillis Hammill

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2357

Howard Huggins Johnson LLaanngdford
Newbill Parker Perry

Phillips Pollard Ragan of 10th RRaaygan of 32nd
Scott of 36th Shumake Starr

Stumbaugh Tate Taylor ,,T,..mmons
Turner Tysinger Walker

Those not voting were Senators:

Albert Brannon
Coverdell Engram

Fuller Harris
Kennedy (presiding) Kidd

McKenzie Olmstead
Peevy 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 139.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:

HB 567. By Representatives Coleman of the 118th, Green of the 106th, McDonald of the 12th, Walker of the 115th and Childers of the 15th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title.

The House amendment was as follows:

Amend the Senate Amendment to HB 567 by striking from said amendment the following:
"line 31, the period after the word 'chapter', and by adding the following:
'including but not limited to agreement by the applicant to accept medicare assignment and to accept patients covered under the Medicaid program during the period of the loan repayment.'",
and inserting in its place the following:
"lines 22 through 24 the following: 'and

(4) Indications of community support for more physicians in the area.',
and inserting in its place the following:
'(4) Indications of community support for more physicians in the area; and
(5) Indications that access to the physician's services is available to every person in the underserved area regardless of ability to pay.' "

Senator Fincher of the 54th moved that the Senate agree to the House amendment to the Senate amendment to HB 567.

On the motion, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Coverdell Dawkins Dean

Echols Edge English Fincher Garner Gillis Hammill Howard Huggins Johnson Land Langford McKenzie Newbill Parker

Those not voting were Senators:

Peevy Perry Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger Walker

Deal Engram Foster Fuller

Harris Kennedy (presiding) Kidd Olmstead

Phillips Starr Stumbaugh

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 567.

The following resolution of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A resolution creating the Commission to Establish the City of Macon as the Per manent Site of the Georgia Music Hall of Fame.

The Conference Committee report on SR 176 was as follows:

The Committee of Conference on SR 176 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 176 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is,/ Nathan Dean Senator, 31st District
/s/ W. F. Harris Senator, 27th District
/s/ Ed Barker Senator, 18th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Frank C. Pinkston Representative, 100th District
/s/ Denmark Groover Representative, 99th District
/s/ William C. Randall Representative, 101st District

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2359

Conference Committee substitute to SR 176:
A RESOLUTION
Creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame; and for other purposes.
WHEREAS, the City of Macon, Georgia, has a great musical heritage; and
WHEREAS, the City of Macon was the home of Otis Redding who probably did more in his brief but brilliant career as the writer and singer of sentimental soul ballads to build a bridge between black and white music in America than any other performer; and
WHEREAS, the City of Macon was the birthplace of musical prodigy Richard Penniman who grew up to become Little Richard, the King of Rock and Roll, and who speeded up the rhythm and blues of blacks and turned it into the rock and roll of whites, helped the Beatles get started, and wrote songs for Elvis Presley; and
WHEREAS, the City of Macon was the place where Duane and Gregg Allman and their compatriots in the Allman Brothers Band developed the "Macon, Georgia, Sound" and per fected the renowned musical group which became American's answer to the super British groups which initially dominated rock music and brought that music back to its roots of southern country, soul, rhythm and blues, and jazz basics; and
WHEREAS, the City of Macon was the city where the incomparable music promoter, Phil Walden, established and developed Capricorn Records into what in its heyday was the world's largest independent recording company; and
WHEREAS, the City of Macon is the present home of Robert "Bobbie" McDuffie who is being heralded worldwide as the most promising of the rising new school of young Ameri can violinist virtuosos and foremost among the first generation of a new musical movement which is shifting the strongest and most talented violinists from Europe and Russia to the United States; and
WHEREAS, the Georgia Music Hall of Fame was established in 1979, 35 members have since been inducted, and it has no permanent home for visitors and fans; and
WHEREAS, the City of Macon is centrally located in the State of Georgia, is easily accessible from all points within the state, and lies at the junction of Interstate 75 and Interstate 16.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame. Such commission shall be composed of 13 members. Three members shall be appointed by the Lieutenant Governor and four mem bers shall be appointed by the Speaker of the House; appointments of the Lieutenant Gov ernor and Speaker shall each include at least one member of the Macon legislative delega tion. Three members shall be appointed by the mayor of Macon and three members shall be appointed by the chairman of the Bibb County Commission. The chairman of the commis sion shall be the chairman of the Senate Music Industry Committee.
BE IT FURTHER RESOLVED that said commission shall formulate plans for the ex act location of the Hall of Fame, the design and cost of the facility, its operating expenses, and the portion of the costs to be paid by the state, county, and city governments and by private sources. The commission shall consult with the commissioner and staff of the De partment of Industry, Trade, and Tourism concerning the best site for the facility and the most effective means of advertising the facility and soliciting private donations for construc tion and operation of the facility.
BE IT FURTHER RESOLVED that the commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exer cise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the commission shall receive the allowances

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authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The commission shall report its findings and recommendations to the Governor and General Assembly by October 1, 1989, so that the necessary appropria tions can be recommended in the 1990 session of the General Assembly.

Senator Dean of the 31st moved that the Senate adopt the Conference Committee re port on SR 176.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun ^.urton CCloalyeman
Collins Coverdell Dean Echols Edge English

Fincher Fuller Garner Gillis Hammill Hwa.rd Huggma JLoahnndson
Langford McKenzie Newbill Parker Peevy Perry

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake _Stumb, augh,
Tate Tavlor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Dawkins Deal

Engram Foster Harris Kennedy (presiding)

Kidd Olmstead Phillips Starr

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SR 176.

The following bill of the House was taken up for the purpose of considering the House substitute to the Senate substitute thereto:

HB 274. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 34-9-105 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensa tion, so as to provide that appeals to the superior court and an application for review to the board made from the same final award of an administrative law judge shall be heard first by the board with appeal rights to the superior court.

The House substitute to the Senate substitute to HB 274 was as follows:

A BILL
To be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change provisions relating to the compensation of the chairman and members of the State Board of Workers' Compensation

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and administrative law judges of the board; to change the provisions relative to appeals to the superior court; to provide that a decision of the board, if heard within 60 days from the date of filing of the notice of appeal, shall be considered affirmed by operation of law if no order of the court has been entered within 20 days from the date of the hearing; to provide for practices and procedures; to provide for editorial revision; to provide that a copy of the statement of fees charged by the rehabilitation suppliers need not be filed with the board; to provide that no rehabilitation supplier shall bill the employee for authorized rehabilitation services; to provide that a rehabilitation supplier shall hold certain certifications or licenses; to provide that the board shall have certain authority with regard to rehabilitation supplier applicants; to provide that the board may set the standards and qualifications of rehabilita tion suppliers; to provide for a definition; to provide that in certain injuries the employer or insurer shall appoint a registered rehabilitation supplier; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to remove provisions relating to compensation of the chairman and members of the State Board of Workers' Compensation; to provide for related matters; to provide for applicabil ity; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-52, relating to officials, personnel, and employees subject to the state merit system and the compensation of mem bers of the board, and inserting in its place a new Code Section 34-9-52 to read as follows:
"34-9-52. (a) All members of the board, including the chairman thereof, shall be in the unclassified service, as defined in Code Section 45-20-2, and shall not be subject to the laws and rules and regulations of the state merit system. The salaries of all members of the board, including the chairman thereof, shall be as provided in this Code section. Effective July 1, 1989, the chairman and each member of the board shall receive an annual salary which is equal to 90 percent of the base annual salary provided as of January 1, 1989, for each Judge of the Court of Appeals in Code Section 45-7-4.
(b) All other officials, personnel, and employees of the board are placed under the state merit system and shall be subject to the laws, rules, and regulations relative to that system; provided, however, that such laws, rules, and regulations shall not apply to the administra tive law judges, whose method of appointment, removal, and terms of office shall remain as now provided by law and whose compensation shall be as provided in subsection (c) of this Code section.
(c) Each administrative law judge shall receive an annual salary equal to the annual salary received by such administrative law judge as of January 1, 1989, plus $6,000.00, but in no event more than the lesser of: (1) the salary paid to each member of the board pursuant to subsection (a) of this Code section; or (2) the base annual salary provided as of January 1, 1989, for each superior court judge in Code Section 45-7-4."
Section 2. Said chapter is further amended by striking in their entirety subsections (b) and (d) of Code Section 34-9-105, relating to hearings of and appeals from the State Board of Workers' Compensation, and inserting in lieu thereof new subsections (b) and (d) to read as follows:
"(b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held, in the manner and upon the grounds provided in this Code section. Said appeal shall be filed with the board in writing stating generally the grounds upon which such appeal is sought. In the event of an appeal, the board shall, within 30 days of the filing of the notice of appeal with the board, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its

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findings of fact and decision to the clerk of the superior court to which the case is appeala ble, as provided in this subsection. The case so appealed may then be brought by either party upon ten days' written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, how ever, if the court does not hear the case within 60 days from the date the notice of appeal is filed with the board, the decision of the board shall be considered affirmed by operation of law 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 notice of appeal is filed with the board because same has been continued to a date certain by order of the court, the decision of the board shall be considered affirmed by operation of law 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. If a case is heard within 60 days from the date the notice of appeal is filed, the decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 20 days of the date of the hearing."
"(d) No decision of the board shall be set aside by the court upon any grounds other than one or more of the grounds stated in subsection (c) of this Code section. In the event a hearing is not held and a decision is not rendered by the superior court within the time provided in subsection (b) of this Code section, the decision of the board shall, by operation of law, be affirmed. The date of entry of judgment for purposes of appeal pursuant to Code Section 5-6-35 of a decision affirmed by operation of law without action of the superior court shall be the last date on which the superior court could have taken action under subsection (b) of this Code section. Upon the setting aside of any such decision of the board, the court may recommit the controversy to the board for further hearing or proceedings in conformity with the judgment and opinion of the court; or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect and all proceedings in relation thereto shall, subject to the other provi sions of this chapter, thereafter be the same as though rendered in an action heard and determined by the court."
Section 3. Said chapter is further amended by striking in their entirety subsections (e) and (g) of Code Section 34-9-200.1, relating to rehabilitation benefits and effect of em ployee's refusal of treatment in workers' compensation cases, and inserting in lieu thereof new subsections (e) and (g) to read as follows:
"(e) Fees of rehabilitation suppliers and the reasonableness and necessity of their ser vices shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board. No rehabil itation supplier shall bill an employee for authorized rehabilitation services. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonable ness of fees and necessity of service which the board may consider."
"(g) Any rehabilitation supplier shall hold one of the following certifications or licenses:
(1) Certified Rehabilitation Counselor (CRC);
(2) Certified Insurance Rehabilitation Specialist (CIRS);
(3) Certified Rehabilitation Registered Nurse (CRRN);
(4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or
(5) Licensed Professional Counselor (LPC)
and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-21 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to

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comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of
rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter."

Section 4. Said chapter is further amended by adding at the end of said Code Section 34-9-200.1 a new subsection (h) to read as follows:

"(h) 'Catastrophic injury' means any injury which is one of the following:

(1) Spinal cord injury;

(2) Multiple amputation;

(3) Severe brain or closed head injury;

(4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands;

(5) Total or industrial blindness; or

(6) Any other injury determined to be catastrophic in nature by the board.

In the event an injured employee has a catastrophic injury, the employer or insurer shall appoint a registered rehabilitation supplier within 48 hours of notification of the injury. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case."

Section 5. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the annual salaries of certain state officials, is amended by striking in their entirety paragraphs (17.1) and (17.2) of subsection (a), which read as follows:

"(17.1) Chairman of the State Board of Workers' Compensation

65,154.00

(17.2) Each member of the State Board of Workers' Compensation other

than the chairman .......................................... 64,119.00"

Section 6. This Act shall become effective on July 1, 1989, and Section 1 of this Act shall apply to all awards or decisions of the State Board of Workers' Compensation issued on or after July 1, 1989.

Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Baldwin of the 29th moved that the Senate agree to the House substitute to the Senate substitute to HB 274.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Broun Clay Coleman Coverdell Dawkins Deal

Dean Echols Edge English Fincher Garner Gillis Hammill Howard Huggins Johnson

Kidd Langford McKenzie Newbill Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray

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Scott of 2nd Scott of 36th Shumake

Starr Tate Timmons

Turner Tysinger Walker

Those voting in the negative were Senators:

Collins Land

Phillips

Taylor

Those not voting were Senators:

Albert Allgood Burton Engram

Foster Fuller Harris

Kennedy (presiding) Olmstead Stumbaugh

On the motion, the yeas were 42, nays 4; the motion prevailed, and the Senate agreed to the House substitute to the Senate substitute to HB 274.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.

The Conference Committee report on HB 380 was as follows:
The Committee of Conference on HB 380 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 380 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Gary Parker Senator, 15th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Donn M. Peevy Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thurbert E. Baker Representative, 51st District
/s/ Pete Robinson Representative, 96th District
/s/ Roy L. Alien Representative, 127th District

Conference Committee substitute to HB 380:

A BILL
To be entitled an Act to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may re ceive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification; to

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provide for related matters; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the center to make certain criminal history records available to parties to a lawsuit under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, is amended by striking Code Section 24-3-17, relating to the admissibility of certified copies of records and computer data from the Department of Pub lic Safety, in its entirety and inserting in lieu thereof a new Code Section 24-3-17 to read as follows:
"24-3-17. (a) A certified copy of any record of the Department of Public Safety or com parable agency in any other state is admissible in any judicial proceedings or administrative hearing in the same manner as the original of the record.
(b) Any court may receive and use as evidence in any case information otherwise admis sible from the records of the Department of Public Safety obtained from any terminal law fully connected to the Georgia Crime Information Center without the need for additional certification of those records."
Section 2. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking subsection (a) of Code Section 35-3-34, relating to the dissemination of records by the center, and inserting in its place a new subsection (a) to read as follows:
"(a) The center shall be authorized to:
(1) Make criminal history records maintained by the center available to private persons and businesses under the following conditions:
(A) Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and
(B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; or
(2) Make criminal history records available to parties to any criminal action upon re ceipt of a written request of such party or his attorney. Such request shall contain the style of the action, the name of the person whose records are requested, and a statement that such person is a party or a prospective witness in said case; and
(3) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations."
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 380.

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

Burton Clay Coleman

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Collins Coverdell Dawkins
Echols Edge English Fincher Garner Gillis Hammill

Howard Huggins Johnson Kidd Land McKenzie Newbill Parker Peevy Perry
Phillips
Pollard

Ragan of 10th Ragan of 32nd Rav Scott of 36th shumake j,. *tarr , , Stumbaugh Tate Taylor
Turner
Tysinger

Those not voting were Senators:

Barnes Bowen Engram Foster

Fuller Harris Kennedy (presiding) Langford

Olmstead Scott of 2nd Timmons Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 380.

Lieutenant Governor Zell Miller, President of the Senate, resumed the Chair, and ad dressed the Senate as follows:

May I take a very few minutes to give you my version of the session that's about to come to an end. Take it from one who has spent years studying and teaching history, there is one word that describes the results of this session.
And that word is: HISTORIC.
It has been a session which future citizens will remember not only for what it accom plished but also for its vision. They will also note the resolve of this Senate, without which those accomplishments would not have been achieved.
I think it has been a session which will be recorded as one of the most important and most productive in recent history.
It will rank on a par with those landmark sessions which gave our State the first sales tax as a modern revenue base, and the one that put Georgia on the road of "one man, one vote" through reapportionment.
It has assured Georgia sufficient revenue to move into the 21st century on an equal footing with all other states. And it has done so without imposing an additional burden on those of our less fortunate citizens.
For the first time, the Georgia General Assembly voted to take state sales taxes off the most basic of foodstuffs on which all life is dependent. A week before this session started, who would have thought that would happen?
And I ask you, is there anyone anywhere who does not believe in their heart that even tually all food will be exempted from taxation at all levels of government?
That eventuality is written indelibly on the wall of Georgia's future.
Yes, you will be remembered for taking the sting out of the regressiveness of the sales tax. But there is more--much more.
You can take great satisfaction in--and go home and report with head held high on--other accomplishments.
Of the new money, 46 percent goes for K through 12 education, insuring that, unlike

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2367

APEG and the Minimum Foundation, QBE will not be a program with great promise but no funding.
You have provided more money for economic development highways and the LARP than any single previous year.
You have not overlooked the elderly and have served their needs by providing more funding for nursing homes, home health care and hospitals.
You have not forgotten those on the bottom rung of the ladder by providing increased appropriations for dependent children on AFDC.
And those are just the highlights of the record you have written.
You proved yourselves to be statesmen in the truest sense of the word in standing firm not only for what was necessary but was right.
You did so despite the tremendous pressures to which you were subjected--pressures from across the hall and in the hall.
But, the Georgia Senate did not blink.
Some of you may recall that several years ago in a moment of anger I observed that the House of Representatives eats the watermelon and the Senate has to spit the seeds.
Well, this year the Senate got its share of that watermelon. And it wasn't even taxed!
Strong leadership was the key to what we have accomplished.
And all of us owe tremendous thanks to several men who provided that leadership. To mention a few: our President Pro Tempore Joe Kennedy and the two men who did double duty in serving as both tax and budget conferees: Majority Leader Tom Allgood and Appro priations Chairman Terrell Starr, and Loyce Turner, another hardworking conferee.
Also, a word of praise is due to the new Senators. It is true they have been a talkative lot, but to their credit I must say I have never seen a freshman group that performed more effectively or responsibly.
To the other Senators, let me say: "Thank you and well done."
I personally think you not only have put stars in your crowns, but also you have assured checks by your names on future ballots.
You have truly built a bridge between the Georgia that was and that Georgia that can be.
Thank you and God bless you.
The following resolution of the Senate was read and put upon its adoption:
SR 275. By Senators Kennedy of the 4th and Allgood of the 22nd:
A resolution relative to adjournment by the General Assembly sine die at 6:45 o'clock P.M. on March 15, 1989.
On the adoption of the resolution, the yeas were 41, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

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The following resolutions of the Senate were read and adopted:
SR 273. By Senator Shumake of the 39th: A resolution commending Ray Kluka.
SR 274. By Senator Walker of the 43rd: A resolution commending Dr. Sidney Home.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected the report of the Committee of Conference on the following bill of the House:
HB 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd: A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child wel fare services and services to courts.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 275. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 395. By Senators Barnes of the 33rd, Ragan of the 32nd, Newbill of the 56th and others: A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain definitions of terms used in such Act; to change the provisions relating to creation of one or more community improvement districts and the practices, procedures, and requirements related thereto.
SB 398. By Senators Clay of the 37th, Ragan of the 32nd and Barnes of the 33rd: A bill to amend an Act reincorporating the City of Marietta, as amended, so as to change the qualifications of the mayor and councilmen; to provide for compensa tion of the mayor pro tern.; to change the provisions relating to membership of the board of lights and waterworks.
SB 400. By Senator Barnes of the 33rd: A bill to authorize Cobb County to have and be authorized to exercise all rede velopment and other powers authorized or granted counties pursuant to the "Re development Powers Law," as now or hereafter amended, and provide for certain such powers; to provide for a referendum.

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SB 404. By Senator Barnes of the 33rd:
A bill to amend an Act to authorize the establishment of civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to change the provisions relating to classified and unclassified positions.
SB 397. By Senator Foster of the 50th:
A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, as amended, so as to change the compensation of the sheriff; to provide an effective date.
SB 8. 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 provide that a grandchild, son-in-law, or daughter-in-law may make 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.
SB 310. By Senators Howard of the 42nd and Langford of the 35th:
A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to authorize the Public Service Commission to establish, administer, and promote a state-wide dual party tele phone relay system for the utilization of telecommunication services by hearing impaired persons, speech impaired persons, and persons who are similarly impaired.
SB 318. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to authorize a medical examiner to have a body embalmed to avoid the threat of infectious disease prior to release of the body to the next of kin; to authorize a coroner, medical exam iner, or peace officer to take anatomical specimens and to test or examine speci mens or articles as may be necessary or useful in determining cause of death.
SB 319. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to change certain fees which the medical examiner is entitled to for performing certain examinations; to change certain provisions relating to reports of post-mortem examinations and investigations; to repeal certain provisions providing fees for peace officers.
SB 368. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Code Section 20-2-757 of the Official Code of Georgia Annotated, relating to the application of open meetings and open records laws to proceedings before school disciplinary tribunals, so as to change provisions relating to such application.
SB 372. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to minimum compensation of chief magistrates, so as to change the pro visions relating to minimum compensation; to provide an effective date.

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The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 35. By Senator Engram of the 34th:
A resolution designating the "Joel Cowan Parkway".
The House has agreed to the Senate amendments to the following bills of the House:
HB 599. By Representatives Floyd of the 154th, Porter of the 119th and Smith of the 78th:
A bill to amend Code Section 15-12-81 of the Official Code of Georgia Annotated, relating to notice of upcoming appointment by the grand jury, so as to provide that any board, authority, or entity whose members are elected, selected, or ap pointed by the grand jury of a county shall notify the clerk of superior court of the upcoming appointment.
HB 1045. By Representatives Oliver of the 53rd, Richardson of the 52nd, Redding of the 50th, Williams of the 54th, Teper of the 46th and others:
A bill to amend an Act estabishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing au thority of DeKalb County, so as to provide that the annual salary of the Chief Executive Officer shall be the same as the state salary of the superior court judges of DeKalb County plus any county supplements.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1033. By Representatives Alford of the 57th, Richardson of the 52nd, Redding of the 50th, Williams of the 48th, Mangum of the 57th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.
The House has agreed to the Senate amendment to the following resolution of the House:
HR 406. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A resolution creating the Augusta-Richmond County Commission on Disadvantaged Youth.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th, Walker of the 115th, Isakson of the 21st and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide a frame work to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.

WEDNESDAY, MARCH 15, 1989

2371

SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Re sources to acquire or construct water supply reservoirs; to authorize the depart ment to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, pub lic and private corporations, and local governments.
SB 240. By Senators Ray of the 19th, Kennedy of the 4th and Timmons of the llth:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.
SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.
SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.
SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd and Coleman of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contri butions to or on behalf of the person holding office as Commissioner of Insurance.
SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.
HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th, Birdsong of the 104th, Moultrie of the 93rd and Richardson of the 52nd:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relat ing to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.
HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 1116th and Lawson of the 9th:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.

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HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.
HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforce ment of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provi sions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.
HB 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Jus tices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.
HB 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd, Crawford of the 5th, Davis of the 72nd and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.
SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.
SB 183. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to au thorize the use of electronic or automated methods or systems of record keeping.
SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and others:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relat ing to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.

WEDNESDAY, MARCH 15, 1989

2373

SB 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.
SB 165. 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 change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions re lating to procedures for qualification of candidates generally.
The House has adopted the report of the Committee of Conference on the following resolution of the Senate:
SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Per manent Site of the Georgia Music Hall of Fame.
Lieutenant Governor Zell Miller introduced His excellency, Governor Joe Frank Harris, and Mrs. Harris, and the Governor briefly addressed the Senate.
The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
March 17, 1989
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1989 Regular Session as of 3:00 p.m. on March 17, 1989. The list is numbered 948 through 949.
Most sincerely,
/s/ Max Cleland Secretary of State
Attachment
Received by: 1st Hamilton McWhorter, Jr.

2374

JOURNAL OF THE SENATE

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 persons numbered 948 through 949, who have registered in the Docket of Legislative Appearance as of March 17, 1989, 3:00 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 17th day of March, in the year of our Lord One Thousand Nine Hundred and Eighty-Nine and of the Independence of the United States of America the Two Hundred and Thirteenth.

(SEAL)

/s/ Max Cleland Secretary of State

948. Carl T. Martin 657 Park Drive, NE Atlanta, GA 30306 (404) 892-2241 Empire Distributors Inc. Georgia Dump Truck Association, Inc. Hand Tool Council Snap-On Tools

949. Lawrence E. Liebross 1040 Crowne Point Parkway Suite 200 Atlanta, GA 30338 (404)392-9999 Ackerman & Co.

The Governor this day informed the Senate he had vetoed the following Sections of HB 118, a bill amending an Act providing for appropriations for the State Fiscal Year 19881989:

Section 67: "No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made availa ble for their use, including but not limited to the Georgia Interactive Statewide Telecommu nications Network either directly or indirectly."
Section 71: "There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act."

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate 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 70. SB 390. SB 27. SB 42. SB 50. SB 51.

SB 52. SB 82. SB 83. SB 85. SB 88. SB 101.

SB 103. SB 116. SB 122. SB 139. SB 140. SB 150.

SB 161. SB 176. SB 214. SB 261. SB 272. SB 273.

WEDNESDAY, MARCH 15, 1989

2375

SB 285. SB 309. SB 313.
SB 314. SB 321. SB 332. SB 393. SR 120.
SR 127. SB 4. SB 11. SB 12. SB 31. SB 39. SB 41. SB 65. SB 66. SB 67.
SB 104. SB 106.
SB 151. SB 167. SB 168.
SB 180. SB 187.
SB 194. SB 199. SB 254.
SB 287. SB 320.
SB 323. SB 350.
SB 397. SB 404.
SR 68.

SR 95. SR 39. SB 25. SB 113. SB 117. SB 166. SB 188. SB 235. SB 274. SB 276. SB 341. SB 377. SB 379. SB 387. SB 394. SR 25. SB 5. SB 37. SB 38. SB 43. SB 127. SB 141. SB 142. SB 186. SB 198. SB 200. SB 216. SB 225. SB 234. SB 241. SB 244. SB 245. SB 247. SB 249. SB 252.

SB 255. SB 275. SB 281. SB 298. SB 299. SB 315. SB 324. SB 343. SB 345. SB 376. SR 62. SR 63. SR 67. SB 45. SB 49. SB 145. SB 159. SB 160. SB 202. SB 264. SB 297. SB 317. SB 327. SB 329. SB 340. SB 360. SR 22. SR 126. SR 132. SB 26. SB 152. SB 277. SB 286. SB 334.

SB 365. SB 375. SB 30. SB 63. SB 102. SB 105. SB 137. SB 185. SB 240. SB 257. SB 260. SB 294. SB 347. SB 371. SR 175. SB 8. SB 84. SB 86. SB 183. SB 310. SB 318. SB 319. SB 368. SB 372. SB 395. SB 398. SB 400. SR 154. SB 165. SB 239. SB 267. SR 35. SR 164. SR 171.

Respectfully submitted,
/s/ Waymond C. Huggins, Chairman Senator, District 53

The President announced at 6:32 o'clock P.M. that, pursuant to the provisions of SR 275, the Senate would now stand adjourned sine die.

INDEX

2377

Senate Journal Index
1989 Regular Session

INDEX

2379

PART I

SENATE BILLS AND RESOLUTIONS

SB

1--Natural Resources; Mountain Protection Act; enact ................ 85, 149,

209, 229, 1829, 1893, 1964, 1972, 2002

SB

2--State Employees; on-call status; weekends;

compensation ............................. 85, 372, 398, 433, 480, 519, 523

SB

3--State Employees; dismissal actions; compensation

during appeal...................................... 85, 275, 304, 339, 341

SB

4--Baldwin County; Sheriff; compensation ............ 85, 113, 115, 1048, 2375

SB

5--Contested Elections, Primaries; petitions;

time for filing .......................... 85, 119, 120, 149, 211, 2177, 2375

SB

6--Merit System; Officers and Employees; political activities; conditions

denned............................................ 85, 275, 304, 339, 342

SB

7--Driver's License; Suspension; lack of insurance; restricted driving

permits ........................................... 86, 373, 398, 433, 434

SB

8--Voting by Absentee Ballot; procedures; relatives

assisting ........................... 86, 119, 120, 149, 211, 212, 2369, 2375

SB

9--State Employees; working test period; interdepartmental

transfers .......................................... 86, 426, 469, 519, 529

SB 10--State Employees; Retirement; creditable service; forfeited leave

86

SB 11--Baldwin County; Probate Court; judge; annual salary; abolish fee

system ......................................... 86, 113, 115, 1048, 2375

SB 12--Baldwin County; Tax Commissioner; annual salary 86, 113, 115, 1048, 2375

SB 13--Insurance and Educational Reinvestment Act, GIERA;

AFDC Families ........................................ 86, 237, 277, 316

SB 14--Pocket Pagers, Electronic Devices; prohibited in

public schools ..................................... 87, 303, 336, 378, 380

SB 15--Drinking Water; residential service; disconnect

limitations. ......................................................... 87

SB 16--Land-Disturbing Activities; erosion control; local authority

87

SB 17--Teachers Retirement; creditable service; unused sick leave

87

SB 18--Teachers Retirement; creditable service; unused sick leave

87

SB 19--Business Corporations; family controlled shares;

election of directors ................................ 87, 208, 224, 239, 240

SB 20--U.S. Attorneys and Assistant Attorneys; authority to carry

firearms ......................................... 88, 208, 224, 239, 241

SB 21--Tort Actions; Business Corporations; venue, county where action

originated ............................................. 88, 740, 785, 888

SB 22--Tort Actions; Rights of Peace Officers, Firefighters, Public Safety

Employees ......................................................... 88

SB 23--Criminal Procedure; Property Used Commission of Felony; forfeiture

procedures ......................................................... 88

SB 24--Postsecondary Education Act; private fine arts colleges;

exemption .......................................................... 88

SB 25--Death Penalty Cases; jurors deadlocked on sentence;

authority of judge .................. 88, 208, 224, 239, 242, 1991, 2042, 2375

SB 26--Jail Construction and Staffing Act; procedures to enact;

funding ........................... 88, 373, 398, 433, 435, 1698, 1741, 2375

SB 27--Emission Inspection; additional sticker after

windshield replacement.................. 89, 208, 224, 240, 245, 1538, 2374

SB 28--Peace Officers' Annuity and Benefit Fund; DHR juvenile probation

workers; membership ................................................ 89

2380

JOURNAL OF THE SENATE

SB 29--Industrial Life Insurers; premiums exceeding

benefits; misdemeanor ............................................... 89

SB 30--Insurance; Commissioner; campaign contributions from industrial loan

insurers, PACs prohibited

89, 207, 225, 240, 246, 1400, 1516, 1905,

1932, 2002, 2175, 2201, 2371, 2375

SB 31--Insurance Commissioner; duty to publish complaints against insurance

companies ........................... 89, 207, 225, 240, 249, 779, 928, 2375

SB 32--Motor Vehicle Insurance; total loss claims; value

determination...................................... 89, 207, 225, 240, 249

SB 33--Insurance Consumer Advocate; create position;

duties; rate filing.................................................... 90

SB 34--Insurance; Department; certain employees prohibited from outside

employment ........................................................ 90

SB 35--Insurance; homeowner, auto, marine; rates and

rules, approval required ............................ 90, 373, 399, 433, 438

SB 36--Insurance Consumer Advocate; create position;

duties.............................................................. 90

SB 37--Elections; Recall Act of 1989; enact procedures to recall public

officials .................. 90, 99, 113, 121, 123, 198, 1540, 1677, 2007, 2375

SB 38--Georgia Service Center for Hearing Impaired Persons;

establish ...................... 90, 113, 120, 198, 199, 692, 936, 1105, 1158,

1294, 1524, 2008, 2375

SB 39--Minors; Mental Retardation Prevention; congenital adrenal hyperplasia

screening ............................... 91, 236, 277, 316, 317, 1292, 2375

SB 40--Mental Health; Clinical Records; deceased mentally ill patients;

records release ...................................................... 91

SB 41--Merit System Employees; computation of sick leave; conversion to

personal leave .................. 94, 626, 663, 700, 706, 748, 749, 2007, 2375

SB 42--Municipalities; elections; vote recount;

procedures ......................... 94, 119, 120, 149, 211, 213, 1828, 2374

SB 43--Athlete Agents; professional sports services contracts;

regulate ........................... 94, 372, 399, 433, 441, 1541, 1620, 2375

SB 44--State Government; Public Works Contracts; surety bonds for persons

supplying materials ................................ 94, 397, 427, 480, 484

SB 45--Elections; Campaign Contributions; disclosure reports; persons required

to file ........

94, 224, 237, 280, 282, 316, 339, 1540, 1617, 2375

SB 46--State Employees; Classified Service; overtime pay; computation;

compensatory time ................................. 95, 372, 399, 433, 446

SB 47--Merit System Employees; state hospitals, correction facilities; night

shift pay ............................. 95, 372, 399, 433, 448, 481, 519, 525

SB 48--Elections; Campaign Contributions; disclosure; reports; information

required............................................................ 95

SB 49--Motor Vehicle Insurance; defensive driver courses;

reduced premium eligibility . ... 95, 207, 225, 240, 251, 1533, 1615, 2007, 2375

SB 50--Motor Vehicles and Traffic; Stolen Vehicles; affidavits to insurers;

delivery; false statements ................ 95, 237, 277, 316, 318, 1538, 2374

SB 51--Elderly Homeowners; equity conversion mortgages; Residential Finance

Authority; Housing Office Reports ......... 95, 236, 277, 316, 319, 871, 2374

SB 52--Crimes and Offenses; Fraudulently Obtaining Public Housing;

definition ....................... 96, 276, 304, 339, 342, 343, 546, 727, 2374

SB 53--Trucks; Tractors-Semitrailers; length limitations; increase to 53';

equipment. ........................................ 96, 120, 149, 211, 214

SB 54--Banking and Finance; Check-Cashing Centers; regulation; licensure ...... 96

SB 55--Public School Employees; political activities on bond

referendums prohibited .............................................. 96

SB 56--Elderly; Driver's License Fees; exempt persons 65 years or older ........ 96

SB 57--Minors; Elementary School Readiness Assessment; eliminate ............ 96

INDEX

2381

SB 58--Probate Court Judges Retirement Fund; calculation of benefits; secretary; members .................................................. 96
SB 59--Shellfish Sanitation Program; dealer certification; container labels, harvesting regulations ............... 97, 208, 225, 240, 252
SB 60--Workers' Compensation; Self-insurers Guaranty Trust Fund; create and establish .............. 97, 878, 949, 1063, 1064, 1240, 1270, 1287
SB 61--Workers' Compensation; redefine injury; rehabilitation benefits; notices; hearings, fees; Board members' salary ................. 97, 696, 742
SB 62--Crime Victims Compensation Board; administer victim emergency fund 97 SB 63--Probation Supervisors; remove duty collect child support
payments ............................. 97, 695, 742, 791, 1698, 2305, 2375 SB 64--Employees' Retirement System; Creditable Service;
forfeited annual and sick leave ....................................... 97 SB 65--Child Abandonment; suspension of sentences; procedures;
conditions ............................... 98, 223, 237, 280, 283, 461, 2375 SB 66--Inmates; Probation Revocation; failure to return to residential
facility .................................. 98, 223, 237, 280, 284, 462, 2375 SB 67--Corrections; Probation; work or community service lieu of
incarceration ............................ 98, 223, 237, 280, 284, 462, 2375 SB 68--Minors; Drivers' Licenses; mandatory suspension for alcohol, drug
offenses ........................................... 98, 516, 553, 587, 598 SB 69--Courts; Probation Supervisors; jurisdiction within judicial circuit ........ 98 SB 70--Sanitary Landfills; operator, inspector certification; financial
responsibility mechanisms ......... 107, 397, 427, 480, 486, 1826, 1845, 2374 SB 71--Trial Judges and Solicitors Retirement; creditable service;
computed salaries; contribution provisions ............................ 107 SB 72--District Attorneys; Retirement System; computed salary, years served;
membership options ................................................ 107 SB 73--Courts; Senior Court Reporters; creation of office ................. 108, 197 SB 74--Rabbits; slaughter and processing meat; inspection exception ........... 108 SB 75--Superior Court Judges Retirement System; members reelected 1988;
contributions .......................... 108, 627, 663, 700, 707, 1291, 2176 SB 76--Superior Courts; Judges Retirement System; member reelected
1988; continued service ............................................. 108 SB 77--Employees' Retirement System; Creditable Service;
former service as a temporary employee .............................. 108 SB 78--Employees' Retirement System; Creditable Service; military service
credit; redefine; withdrawal ......................................... 108 SB 79--Superior Court Judges Retirement System; right to remain member
other fund ........................................................ 108
SB 80--Teachers Retirement; Creditable Service; early retirement for 30 years service ............................................................ 109
SB 81--Torts; Employer Liability for Negligent Torts of Independent Contractors........................................................ 109
SB 82--Industry and Trade; Department; change name, title of department, board, commissioner..................... 109, 207, 225, 240, 253, 391, 2374
SB 83--Solid Waste Disposal Facilities; assistance to local governments ....................... 109, 208, 225, 240, 253, 872, 1159, 2374
SB 84--Natural Resources; Land-Disturbing Activities; soil, water conservation requirements ....................... 109, 208, 226, 240, 254, 256, 280, 281, 1292, 1473, 1534, 1606, 1646, 2314, 2371, 2375
SB 85--Indemnification; Public Safety Personnel; subrogation, remove provision ............................... 109, 208, 226, 240, 256, 871, 2374
SB 86--Water Supply Act; enact; reservoirs, sale of water, wetlands protection ............ 110, 206, 226, 240, 257, 397, 433, 449, 1829, 1852, 1964, 1970, 2002, 2242, 2371, 2375

2382

JOURNAL OF THE SENATE

SB 87--Elections; Campaign Contributions; disclosure reports

during off-election year ............................................. 110

SB 88--Forest Resources; harvested pine straw; regulate

dealers, sellers .......................... 110, 206, 226, 240, 257, 419, 2374

SB 89--Education; Local School Systems; employment contracts;

policies, procedures................................................. 110

SB 90--Teachers; Development Programs to Become Certified; stipends

110

SB 91--Firearms Dealers; report sales of pistols, revolvers; wait period

110

SB 92--Schools; Paraprofessionals, Aides, Secretaries; minimum salaries

111

SB 93--Education; Guidance Counselors; kindergarten,

primary, middle grades; funding

111, 425, 469, 519, 530

SB 94--Medical Examiners, State Board; licensing, continuing education

111

SB 95--Smoking; state funded buildings;

designated areas only............... . ..................... Ill, 515, 554

SB 96--Solid Waste Disposal, Handling; local

government regulations ............................................. Ill

SB 97--Hospital Authorities; counties over 290,000; members; selection

method ........................................................... Ill

SB 98--Education; AFDC Recipients; school attendance requirements; benefit

termination........................................................ 112

SB 99--Jekyll Island State Park Authority; additional member;

member's leasing property ......................... 112, 224, 237, 280, 285

SB 100--Rape Prosecution; evidence; admissibility of past sexual behavior;

rape shield statute ................................................. 112

SB 101--State School Superintendent; membership on Criminal Justice

Coordinating Council ................... 112, 303, 336, 378, 381, 1048, 2374

SB 102--Polygraph Examiners; Licensing; qualifications; interns; rights of

examinees; records ................ 112, 208, 226, 240, 260, 1539, 2197, 2375

SB 103--Courts; witness fees; payments to certain law enforcement

officers ................................. 117, 224, 238, 280, 286, 871, 2374

SB 104--Probate Court Judges Council; education materials; member

contracts ........................... 117, 224, 238, 280, 289, 779, 855, 2375

SB 105--Salt-water Fishing; open seasons; finfish; creel; size limits .......... 117, 208,

226, 240, 261, 1400, 1515, 2375

SB 106--Game and Fish; Hunting and Fishing; amend various

Code sections ..................... 117, 208, 226, 240, 261, 2075, 2103, 2375

SB 107--Teachers Retirement; Creditable Service; minimum number of years;

benefits; age factor ................................................. 117

SB 108--Contests, Promotional Give-aways; prohibit........................... 118

SB 109--MARTA; fares for transportation services; special groups

118

SB 110--MARTA; contracts for passenger vehicles; limit powers

118

SB 111--MARTA; membership; remove Clayton, Gwinnett Counties

118

SB 112--Wage Issue Disputes; neutral arbitrator; appointment; residency

118

SB 113--Education; Proprietary Schools; certificates of authorization

118,

236, 277, 316, 319, 1400, 2375

SB 114--Teachers; Salaries; QBE formula; calculate adjustment amount for

training ........................................................... 118

SB 115--Child Support; Enforcement; extensive revision; implement federal

provisions ......................................................... 119

SB 116--Agriculture; Inspection Warrants; procedures; requirements;

execution............................... 119, 207, 227, 240, 262, 544, 2374

SB 117--Rabbits; processing facilities; inspection exemptions

119, 207,

227, 240, 263, 544, 2375

SB 118--Motorcycles; Headsets or Headphones; use by operators for

communication purposes .... ...................... 143, 208, 227, 240, 264

SB 119--Rabbits; slaughter and processing for sale; inspection;

exceptions ........................................ 143, 396, 427, 480, 491

INDEX

2383

SB 120--Sheriffs' Retirement Fund; membership; dues; claims for prior service

credit ............................................................ 144

SB 121--Sheriffs' Retirement Fund; single life annuity; increase benefits

144

SB 122--Law Enforcement Officers and Agencies;

Chief Executive Training ................ 144, 208, 227, 240, 265, 544, 2374

SB 123--Driver's License; DUI Offenders; probation; ignition blood alcohol

monitoring device ............................... 144, 783, 879, 1063, 1088

SB 124--Health; Child Health Services Act; physical check-ups; insurance

coverage ..................................... 144, 228, 425, 469, 519, 531

SB 125--Insurance; Agency Contracts; termination; grounds; notify

commissioner ..................................... 144, 552, 580, 635, 638

SB 126--Transportation; Equal Opportunity Office of DOT;

director report to commissioner ..................................... 145

SB 127--Motor Vehicle Insurance; personal auto; facts used in

underwriting decisions .................. 145, 335, 374, 403, 404, 1697, 2375

SB 128--Public Assistance; Fraud; food stamps or medicaid; duty of DHR to

prosecute.......................................................... 145

SB 129--Schools; Student Enrollment Eligibility Determination; change date

145

SB 130--Consumer Protection; Vehicle Rentals; prohibit requirement

that gasoline gauge register empty ................................... 145

SB 131--Transportation Department; contracts; bids by disadvantaged

businesses ........................................ ............... 145

SB 132--Lookout Mountain Judicial Circuit; Superior Court; additional judge,

court reporter .................................... 145, 303, 336, 378, 383

SB 133--Certificate of Need; Diagnostic, Therapeutic Replacement Equipment;

exemption ........................................ 146, 373, 399, 433, 452

SB 134--Certificate of Need; Facilities Serving Head-Injured Persons;

exemption .................... ............... 146, 373, 399, 433, 453, 559

SB 135--Certificate of Need; Personal Care Homes; exemption

146

SB 136--Health; Certificate of Need; applications; hospitals; bed capacity

146

SB 137--Certificate of Need; Hospitals; remodeling, renovation, replacement

projects; exemption ................. 146, 373, 399, 433, 454, 481, 519, 526,

558, 559, 2034, 2135, 2174, 2188, 2295, 2301, 2371, 2375

SB 138--State Agencies; Health Planning Agency; executive director;

confirmation by Senate ........................................

146

SB 139--Magistrate Courts; Extradition Waivers;

jurisdiction ............................ 146, 224, 238, 280, 289, 1697, 2374

SB 140--Utility Contractors and Foremen; licensing; certification;

bids ............. ...... 146, 276, 304, 339, 343, 383, 387, 1699, 1729, 2374

SB 141--Construction; Multiline Heavy Equipment Dealers and Suppliers;

regulate ............................... 147, 397, 427, 480, 491, 1104, 2375

SB 142--Courts; Southern Judicial Circuit; additional judge; conditional

effective date ..................... 202, 303, 336, 378, 384, 1400, 1746, 2375

SB 143--Teachers Retirement; Creditable Service; transfer from Employees'

Retirement System ........................................... . . 202

SB 144--Teachers; Sick Leave Pools; local school boards establish; procedures 202

SB 145--Probate Court Judges; notify Secretary of State of official

county organ .................... 202, 397, 427, 480, 492, 1400, 1642, 2375

SB 146--Controlled Substances; Contraband Property; seizure; disposition;

informer rewards.. ......... ..................................... 203

SB 147--Teachers; Sick Leave Banks or Pools; voluntary contributions;

procedures ............................ 203, 425, 469, 519, 533, 1104, 1361

SB 148--Construction; Multiline Heavy Equipment Dealers and Suppliers;

regulate ...................................................... . . . . 203

SB 149--County Jails; felony inmates; boarding fees, medical

costs ................................ 203, 662, 697, 748, 752, 791, 888, 889

2384

JOURNAL OF THE SENATE

SB 150--Banking and Finance; Financial Institutions; restrict

unfair practices; operational powers; investments .................. 203, 334,

374, 403, 405, 1829, 1887, 2374

SB 151--Banking and Finance; Financial Institutions; incorporation; filing;

name reservation....................... 203, 334, 375, 403, 406, 1104, 2375

SB 152--Peace Officers Annuity and Benefit Fund; Firemen's Pension Fund;

membership eligibility based on employment ..................... 204, 426,

469, 519, 534, 1399, 2375

SB 153--Crimes and Offenses; Sexual Offenses; minor victims; taking of

testimony; admissibility........................ 204, 335, 469, 517, 559, 562

SB 154--Housing Authorities; commissioners in certain cities and counties;

appointment....................................................... 204

SB 155--Fulton County; Rodent Control and Eradication; occupiers of

residential units .............................. 204, 1405, 1412, 1413, 1417

SB 156--Automobile Rental Agreements; excessive

fuel charges; prohibitions ....................................... 204, 514

SB 157--Natural Resources; Water Supply Protection Act; duties; powers;

watershed management ............................................. 204

SB 158--Retirement; investment management committee for employees

and teachers systems ............................................... 204

SB 159--Courts; Superior Clerks; probate judges; sheriffs; longevity

increases ......................... 205, 276, 304, 339, 351, 1540, 1627, 2375

SB 160--Superior Court Judges Retirement; divorced spouse benefits; member

reelected 1988 contributions

205, 426, 470, 519, 535, 1540, 1613, 2375

SB 161--Baldwin County; Coroner; salary lieu of fee basis; fees become property

of county. ...................................... 205, 303, 306, 1048, 2374

SB 162--Firemen's Pension Fund; Benefits; increase maximum ................. 205

SB 163--Nuisances; Auto Junkyards and Solid Waste Disposal Sites;

proximity to residential areas ....................................... 218

SB 164--Handicapped Parking; designated spaces; maintenance

requirements ............................. 218, 514, 1056, 1115, 1179, 1180

SB 165--Elections; Primaries; change dates; amend various Code

sections .......................... 218, 276, 305, 339, 353, 354, 1963, 1980,

2003, 2032, 2053, 2324, 2373, 2375

SB 166--Baldwin County; State Court; judge, solicitor; compensation;

full-time positions............................... 218, 303, 306, 2007, 2375

SB 167--Atlantic Judicial Circuit; Superior Court;

additional judgeship ............... 218, 303, 336, 378, 385, 1539, 1776, 2375

SB 168--Ideal, City of; new charter ........................ 219, 303, 307, 544, 2375

SB 169--Municipal Council Members; voting upon questions;

ownership interest ................................ 219, 276, 305, 339, 354

SB 170--Peace Offices Annuity and Benefit Fund; Membership;

eligibility of certain person.......................................... 219

SB 171--Counties; Office of County Attorney; vacancies; reappointment;

removal .......................................... 219, 276, 305, 339, 355

SB 172--Peace Officers Annuity and Benefit Fund; prior service credit;

purchase; time limit................................................ 219

SB 173--Teachers Retirement; Creditable Service; graduate study; conditions . . . . 219

SB 174--Serious Injury by Vehicle Involving Other

Violations; redefine, penalties ....................................... 220

SB 175--Liability or Casualty Insurers; disclosure to claimant or

attorney...................................... 220, 239, 336, 375, 403, 407

SB 176--Cobb Judicial Circuit; Court Administrator and Support Personnel;

provide ......................................... 220, 303, 307, 691, 2374

SB 177--Elections; Polling Places; handicapped, elderly persons; seating-

equipment. ....................................... 220, 397, 427, 480, 493

INDEX

2385

SB 178--Elections; Polling Places; handicapped, elderly voters; no waiting in

line .............................................. 220, 426, 470, 520, 536

SB 179--Local Government; employees of county officers; personnel

administration ................................ 220, 279, 397, 427, 480, 494

SB 180--Juveniles; pretrial detention facilities;

procedures; limitations ............ 220, 425, 470, 520, 538, 1401, 1470, 2375

SB 181--Divorce Proceedings; rules of mediation in domestic

cases

................... 221, 336, 375, 403, 408

SB 182--Peace Officers Annuity and Benefit Fund; Creditable Service; certain

dated prior service ......................... 233

SB 183--Superior Court Clerks; duties; books, dockets, records, indices,

instruments; fees ....................... 233, 372, 399, 433, 454, 1541, 1880,

1965, 2000, 2153, 2189, 2372, 2375

SB 184--Hospital Authorities; reports; revenue receipts,

expenditures................................................... 233, 740

SB 185--Commerce and Trade; Bad Check Issuance; commercial transactions;

foreclosure ............................ 233, 783, 879, 956, 957, 1830, 1876,

1965, 2001, 2155, 2307, 2372, 2375

SB 186--Bad Checks; liens on merchandise or services

rendered .............................. 234, 516, 554, 587, 601, 1400, 2375

SB 187--Commercial Paper; notice of dishonor;

statement for reason ................... 234, 516, 554, 587, 601, 1164, 2375

SB 188--Bad Checks; Crime of Issuance; penalties; multiple or fictitious

checks; evidence .................. 234, 783, 879, 956, 958, 1830, 1882, 2375

SB 189--Crimes and Offenses; Bad Checks; victim complaints; district attorney,

solicitors office ..................................................... 234

SB 190--Torts; Product Liability of Drug Manufacturers; damages; limitations . . 234

SB 191--Juvenile Courts; delinquency hearings; records

of designated felony acts............................................ 234

SB 192--Counties; Coroners; certification; annual

training requirements.............................. 270, 372, 400, 433, 455

SB 193--Game Fish; farmed fish considered domestic species;

redefine ................................................... 270, 553, 580

SB 194--Athletics; Amateur Sports; Georgia State Games Commission; Olympic

training sites ........................... 270, 397, 428, 480, 494, 691, 2375

SB 195--Driver's License; Mandatory Suspension; failure to stop at scene of

accident.......................................... 270, 397, 428, 480, 495

SB 196--Motor Vehicle Injury to Other Persons; fleeing or

eluding police; felony .............................. 270, 397, 428, 480, 495

SB 197--Marriage Ceremonies; authority of Probate Court Clerks

to perform ....................................... 271, 397, 428, 480, 496

SB 198--Auctioneers; Licensing; qualifications; apprentices; revocation; bonds;

exceptions ........................ 271, 396, 428, 480, 497, 1697, 1738, 2375

SB 199--Motor Vehicle Insurance; no proof of minimum coverage;

incarceration ........................... 271, 335, 375, 403, 409, 778, 2375

SB 200--Driver's License; Habitual Violators; reckless driving; incarceration;

fines .................................. 271, 516, 554, 587, 603, 1164, 2375

SB 201--Gwinnett County; Public Facilities Authority;

repeal Act creating ......................................... 271, 398, 401

SB 202--Gwinnett County; Recreation Authority; revenue bonds; use of proceeds;

prohibitions ............................... 271, 398, 401, 1698, 1861, 2375

SB 203--Game and Fish; Floatable Streams; public right of passage; offense of

interference ...................................... 271, 553, 580, 635, 640

SB 204--Controlled Substances; Trafficking, Possession on School Property;

criminal penalties .................... 272, 398, 428, 480, 498, 672, 700, 701

SB 205--Education; Student Assessment; primary grades; eligibility; test

instruments ....................................................... 272

2386

JOURNAL OF THE SENATE

SB 206--Teacher Certification; test proficiency; basis for denial; lifetime

status ............................................................. 272

SB 207--Natural Guardian of Minors; personal injury claims;

bonds; awards ...................... 272, 516, 554, 587, 603, 604, 635, 637

SB 208--State Housing Trust Fund for Homeless Commission;

strategies; goals ............................... 272, 1168, 1227, 1305, 1306

SB 209--Teachers Retirement; Creditable Service; accumulated

unused sick leave .................................................. 273

SB 210--Peace Officers' Retirement; corrections, probation, parole officers;

service credit ...................................................... 273

SB 211--Pardons and Paroles Board; persons permitted appear; attorney's

representative .................................... 297, 695, 742, 791, 793

SB 212--Child Support; noncustodial parent assumes custody; payment

relief. ............................................ 297, 579, 628, 671, 672

SB 213--School Buses; configuration and number of flasher lights;

change .................................... ...... 297, 579, 628, 671, 673

SB 214--Used Car Dealers; licensure; redefine;

leasing agencies; state board ............ 297, 373, 400, 433, 455, 1399, 2374

SB 215--Labor and Industrial Relations; Employers; duty to post notices

of DHR rehabilitation services ...............................

297

SB 216--Minors; Competency to Testify in Criminal Cases;

evidence ...................... 297, 516, 554, 587, 604, 1931, 1949, 2375

SB 217--Courts; Witnesses; defendant testimony; character

or prior convictions ............................... 298, 579, 628, 671, 675

SB 218--Public Officials; wrongful use of office; offense of

extortion ................................ ........ 298, 696, 742, 791, 853

SB 219--Courts; Sentencing; drug trafficking; mandatory prison term; no

furloughs ................................... ...................... 298

SB 220--Crimes and Offenses; Drug Trafficking, Distribution, Manufacture; no

pardon or parole ................................................... 298

SB 221--Crimes and Offenses; Drug Trafficking, Distribution; not bailable

offense ........................... . . . . . 298, 784, 879, 956, 963, 966, 1044

SB 222--Crimes and Offenses; Drug Trafficking Cases Involving Murder;

imposition of death penalty ......................................... 298

SB 223--Employees' Retirement System; Creditable Service; military service;

active duty 1955-57 ............................................... .330

SB 224--Motor Vehicle Insurance; coverage for damaged safety equipment;

requirements ..................................... 330, 696, 742, 791, 856

SB 225--Livestock Slaughtering Establishments; licensing;

inspection ........................ 330, 396, 428, 480, 498, 1699, 1726, 2375

SB 226--Landfills; Solid Waste Disposal; sites, permits;

limit local authority ........................... 330, 397, 428, 480, 519, 527

SB 227--Juvenile Probation Officers; funding; subsidy

program...................................... 330, 1167, 1228, 1305, 1344

SB 228--Nursing Home Residents; private telephones; fees for moving

line ....................................................... 367, 552, 580

SB 229--Hospital Authorities; use of sales proceeds; additional

powers ........................................... 367, 578, 628, 671, 676

SB 230--Architects; Scope of Practice; registration; qualifications;

definitions........................................ 367, 516, 555, 587, 606

SB 231--Bad Checks; Criminal Issuance; incarceration period and fines;

increase ........................................................... 367

SB 232--Fair Employment Practices Act of 1989;

unlawful practices.................... 367, 425, 470, 520, 559, 587, 592, 598

SB 233--Insurance; Holding Companies; acquisitions; insurers insolvency

pool

368, 552, 580, 635, 641, 642, 657, 700, 704, 1699, 1927, 2175

INDEX

2387

SB 234--Insurance; Medicare Supplement Policies; regulate unfair trade

practices

368, 578, 628, 671, 677, 1932, 1953, 2375

SB 235--Head Injured Persons; Traumatic Brain Injury;

clarify term

368, 515, 555, 587, 617, 672, 700, 703, 722, 1538, 2375

SB 236--Georgia Prompt Payment Report Act; state agencies;

vendor purchases

368, 397, 429, 480, 499

SB 237--Municipalities; Solid Waste Collection; private services contracts;

expiration date

368, 1114, 1171, 1240, 1241

SB 238--Courts; appeals of judgments concerning child custody cases,

applications ...................................... 368, 579, 628, 671, 678

SB 239--Libel and Slander Actions; Visual or Sound Broadcasts; evidence;

retractions; damages

369, 579, 629, 671, 679, 1830, 2054,

2154, 2159, 2175, 2308, 2372, 2375

SB 240--Education; Local Systems; state aid computed on tax bills;

attendance reports

369, 424, 470, 520, 538, 1991, 2036,

2154, 2172, 2200, 2297, 2371, 2375

SB 241--Used Motor Vehicle Parts Dealers; extend state

registration board

369, 396, 429, 480, 500, 2007, 2375

SB 242--Peace Officers; Police Chief Emeritus; retirees; create honorary

office ............................................ 369, 579, 629, 671, 679

SB 243--Preservation of Private Enterprise Act; decrease government

competition ................................................... 369, 403

SB 244--Crimes and Offenses; Water Treatment Facilities; tampering or theft;

municipal powers ...................... 369, 516, 555, 587, 606, 1538, 2375

SB 245--Property Conveyances; Municipalities; land to abutting property

owners without bids ............... 369, 627, 664, 700, 709, 1220, 1256, 2375

SB 246--Banking and Finance; Check-Cashing Centers; regulate; licenses;

fee schedule; rates ................................................. 370

SB 247--City of LaGrange; School Superintendent; board of education

elect and appoint; term ........................... 370, 469, 477, 735, 2375

SB 248--Driver's License; conviction reports;

counties of 550,000 or more ....................... 370, 784, 880, 956, 966

SB 249--Counties; Expenditure of Funds; insurance, retirement; officers,

personnel ............... 370, 426, 470, 520, 539, 558, 560, 1830, 1858, 2375

SB 250--Professions and Businesses; Real Estate Appraisers; certified;

qualifications; regulation; fees ....................................... 391

SB 251--Counties; Public Defender Office; General Assembly provide by local

law ....................................... 391, 579, 629, 671, 680

SB 252--Health; Dead Bodies; cremated remains; vital records;

burial at sea

391, 552, 580, 635, 643, 1828, 2375

SB 253--Monroe County Superior Court Clerk; salary in lieu of fees;

personnel; budgets ............................... 392, 426, 431, 735, 1361

SB 254--Griffin-Spalding County Charter Commission Act;

consolidation .................................... 392, 469, 477, 871, 2375

SB 255--Courts; Bail; offenses bailable only before superior

court judges ................ 392, 516, 555, 587, 607, 1991, 2032, 2181, 2375

SB 256--Driver's License; Habitual Violators; condemnation, forfeiture of

vehicles ...................................................... 392

SB 257--Georgia Building Authority (Penal); revenue bonds,

Corrections Industries

392, 662, 697, 748, 752, 1698, 1740,

1820, 1926, 1992, 2050, 2081, 2163, 2165, 2182, 2375

SB 258--Employees' Retirement System; Creditable Service; benefits;

calculation; 33 years of service ...................................... 419

SB 259--Jasper County; Board of Education; elections; composition; residency;

referendum ........................................... 419, 662, 669, 670

SB 260--State Employees; Deputy Commissioner of Public Safety;

appointment; duties .................... 420, 579, 629, 671, 682, 1699, 1909,

1992, 2098, 2155, 2312, 2371, 2375

2388

JOURNAL OF THE SENATE

SB 261--Buildings and Housing; Fire Safety Standards of Construction; special

hazard buildings

420, 515, 555, 587, 609, 1820, 1940, 2374

SB 262--Public Safety Department; Uniform Division; officers, troopers;

qualifications; citizenship

420, 579, 629, 671, 683

SB 263--Loans; Motor Vehicle Sales Financing; credit approval; vehicle

delivery ........................................................... 420

SB 264--Pawnbrokers; Prohibited Acts; excessive charges; loans to minors;

liens; inspections

420, 516, 555, 587, 609, 1829, 1873, 2375

SB 265--Lobbyists, Registered Agents; Representatives of State Agencies,

Departments; registration .......................... 420, 784, 880, 956, 967

SB 266--Hall County; State Court; judge and solicitor;

compensation .................................... 420, 579, 585, 871, 1361

SB 267--Insurer's Pool, Fund; Georgia High Risk Health Insurance

Plan ............................... 421, 948, 1058, 1121, 1123, 1633, 1763,

1819, 1861, 1964, 2334, 2373, 2375

SB 268--Medical Assistance; Medicaid Prescription Drug Bidding and

Rebate Program .................................. 421, 578, 629, 748, 750

SB 269--Counties; Expenditure of Funds; insurance, retirement; officers,

personnel. ......................................................... 421

SB 270--State Agencies; Special Meetings; notice requirements; records

inspection ................................... 421, 1170, 1228, 1305, 1307,

1698, 1722, 1831, 1958, 2003

SB 271--Civil Practice; Legal Advertisements; publisher's rates;

increase ...................................... 421, 1170, 1228, 1305, 1308

SB 272--Registered Foresters; licensure; qualifications;

renewal ............................... 462, 553, 581, 635, 644, 1399, 2374

SB 273--Probate Courts; Traffic Misdemeanors; district attorneys and state

court solicitors; duties .................. 462, 783, 880, 956, 969, 1538, 2374

SB 274--Local Government; Public Works, Road Systems; negotiated contracts;

bids; waivers ....................... 463, 662, 697, 748, 753, 1828, 2375

SB 275--Cemeteries; dead bodies or bodily parts; unlawful removal

from a grave........................... 463, 741, 785, 888, 925, 1538, 2375

SB 276--State Agencies; Georgia Agricultural Commodity Commission for

Peanuts; powers ........... 463, 551, 581, 635, 636, 637, 779, 890, 925, 2375

SB 277--Alcoholic Beverages; Sunday sales; counties of

160,000 or more.............................. 463, 514, 555, 587, 610, 611,

618, 700, 704, 2155, 2163, 2375

SB 278--Torts; Product Liability of Manufacturers; define 'use intended';

conditions ......................................................... 463

SB 279--Superior Court Judges Retirement System; vesting requirements;

early retirement. ................................................... 463

SB 280--Pardons and Paroles Board; restrict authority to parole certain felony

offenders ......... 464, 783, 880, 956, 970, 1063, 1097, 1121, 1132, 1306, 1342

SB 281--Monticello, City of; Employee Residency Requirements; repeal;

municipal court powers .......................... 508, 662, 670, 1157, 2375

SB 282--Public Safety Department; Uniform Division; mandatory retirement age;

waivers. ........................................................... 509

SB 283--Magistrates' Retirement System; establish under

board of trustees ................................................... 509

SB 284--Controlled Substances; Taxation and Penalties; no immunity from

criminal prosecution................................................ 509

SB 285--Savannah, City of; Amend Charter; extend corporate limits; mayor,

aldermen elections; referendum ................... 509, 627, 633, 1399, 2375

SB 286--Chatham County; Certain Officers and Officials;

change compensation ................. 509, 627, 633, 1049, 1350, 1364, 2375

INDEX

2389

SB 287--Juvenile Courts; delinquency proceedings; district attorney duties;

records........................... 509, 627, 664, 700, 710, 1991, 2029, 2375

SB 288--Crimes and Offenses; Controlled Substances; contraband and forfeited

property; seizure ............................................... 510, 634

SB 289--Courts; Tortious Injury; admissible evidence;

compensation for damages .................................. 510, 579, 629

SB 290--Crimes and Offenses; Gambling; crane game machines;

applicability; exception ............................ 510, 626, 664, 700, 711

SB 291--Billiard Rooms; licensing and regulations; change

provisions ........................................ 510, 695, 743, 791, 858

SB 292--Education; Compulsory School Attendance; change to age six 510, 626, 664

SB 293--Education; Local Schools; employment contracts; job descriptions

510

SB 294--Counselors, Social Workers, Marriage and Family Therapists;

Licensure ........................ 510, 740, 785, 888, 926, 1829, 2195, 2375

SB 295--Sandy Springs, City of; Chattahoochee Plantation; annex certain

unincorporated area ............................... 511, 784, 787, 788, 790

SB 296--Construction; Contracts for Public Works; bid

letting restrictions...................... 546, 783, 880, 956, 970, 1326, 1346

SB 297--Public Records; Disclosure; General Assembly and

Board of Regents ...................... 546, 695, 743, 791, 864, 1363, 1374,

1396, 1467, 1831, 2161, 2181, 2375

SB 298--Probate Courts; Judges; vacancies; chief clerk assume duties;

compensation .......................... 546, 626, 664, 701, 712, 1538, 2375

SB 299--State Printing; executive branch publications; cost

information..................... 546, 878, 949, 1063, 1064, 1880, 1951, 2375

SB 300--Consumer Protection; Insurance Rating, Underwriting Rules; regulation;

filing; review....................................................... 546

SB 301--Fire Protection and Safety; Chimney Sweeps; regulation and licensure 546

SB 302--Fulton County; Superintendent of Schools; nonpartisan elections;

referendum ........................................................ 547

SB 303--Motor Vehicles and Traffic; Noncriminal Traffic Infractions;

procedures; penalties; citations ...................................... 547

SB 304--Driver's License; provide for limited moped driving

permits ........................................................... 547

SB 305--Interior Designers; licensing and regulation; state board

547

SB 306--Insurers; failure to show good faith in paying claims;

damages ................................................ 575, 1169, 1228

SB 307--Ambulances Operated by Political Subdivisions; insurance

coverage .......................................................... 575

SB 308--Motor Vehicle License Plates; military reserve,

national guard, veterans ........................... 575, 783, 880, 956, 970

SB 309--Boats Constructed Before 1978; discharge of sewage; Lake Sidney

Lanier ............................ 575, 1114, 1171, 1240, 1242, 2177, 2375

SB 310--Telephones; study state-wide system for hearing,

speech impaired ................... 575, 1170, 1228, 1305, 1309, 2369, 2375

SB 311--Education; State Board; membership; disqualifications; disclose

business interest .......................... 575, 740, 1113, 1171, 1240, 1243

SB 312--Employees' Retirement System; Creditable Service; agriculture shipping

inspectors; prior service............................................ 576

SB 313--Law Enforcement Officers and Agencies; Hepatitis B Vaccinations;

costs .............................. 621, 1056, 1116, 1179, 1183, 2178, 2375

SB 314--Blue Ridge, City of; new charter .................... 621, 1548, 1561, 1562,

1589, 2034, 2056, 2375

SB 315--Cobb County State Court; office of solicitor; elections, compensation;

assistants. ...................................... 621, 741, 746, 1827, 2375

SB 316--Land Use Plans; Counties of 250,000 or More; requirements

622

2390

JOURNAL OF THE SENATE

SB 317--Debtor and Creditor; Liens; repair businesses; bicycle, motor scooter,

moped, garden equipment

622, 783, 880, 956, 971, 1539, 1608, 2375

SB 318--Health; Dead Bodies; suspected infectious agents; blood tests;

specimens ......................... 658, 1056, 1116, 1179, 1185, 2369, 2375

SB 319--Law Enforcement Officers and Agencies; Post-mortem Investigations;

reports; fees, repeal provisions

658, 1056, 1116, 1179, 1186, 2369, 2375

SB 320--EMS Services; clinical preceptors;

supervision of prehospital care; base station facilities;

ambulances ........................ 659, 1169, 1228, 1305, 1310, 2178, 2375

SB 321--Secretary of State; Agent for Certain Nonresidents; service of process;

procedures ............................ 659, 783, 883, 956, 973, 1828, 2375

SB 322--Traffic and Criminal Cases; Additional Penalties to Fund Peace Officer and

Prosecutor Training

659, 696, 743, 791, 865

SB 323--Contracts; Municipalities of 400,000; 50-year leases; downtown

development areas, stadium 659, 1057, 1116, 1240, 1258, 2160, 2167, 2375

SB 324--Superior Court Judges; services by senior judges;

compensation ...................... 659, 1057, 1116, 1179, 1214, 2177, 2375

SB 325--Ad Valorem Tax; Equalized Adjusted School Property Tax Digest;

assessment-ratio-value .......................................... 659, 740

SB 326--Appropriations and Fiscal Affairs; Office of Planning and Budget;

continuation budget report; contents

660, 695, 743, 791, 841

SB 327--Cobb County; State Court; filing fees; clerks;

marshals .................................. 692, 784, 787, 1363, 1518, 2375

SB 328--Motor Vehicles and Traffic; Abandoned; foreclosure of liens; change

certain requirements

692, 878, 949, 1063, 1065, 1121, 1131

SB 329--Civil Practice; Renewal of Actions After Dismissal; payment of court

costs .......................... 692, 948, 1058, 1121, 1122, 1991, 2084, 2375

SB 330--Law Enforcement Officers and Agencies; Vehicles in Pursuit of

Violators; exceeding certain speed limit .............................. 692

SB 331--Stone Mountain, City of; Corporate Limits;

deannex certain territory .................... 693, 878, 886, 888, 1104, 1395

SB 332--Coweta Judicial Circuit; Superior Court; judges;

salary supplement............................... 693, 784, 788, 1827, 2375

SB 333--Health Care Facilities; applicants for staff privileges;

disciplinary actions

693, 1168, 1228, 1305, 1313

SB 334--Atlanta, City of; Ad Valorem Taxes; homestead exemption; certain

residents; referendum. .................... 693, 1115, 1119, 1829, 1910, 2375

SB 335--Atlanta Traffic Courts; penalty to fund victim, witness

assistance program ............................ 736, 1057, 1116, 1180, 1187

SB 336--Code of Georgia; Evidence; revise and supersede Title 24

736

SB 337--Property; Abandoned Motor Vehicles; agents for lienholder; duties

779

SB 338--Insurance; Accident and Sickness; contracts; group coverage;

applicability .................................................... 780

SB 339--License Plates; Staggered Tag Sales; renewal period; redefine; name;

fees; referendum ............................................... 780, 956

SB 340--Marietta-Cobb County Anti-Drug Commission Act;

enact ............................... 780, 949, 952, 1931, 2088, 2181, 2375

SB 341--Macon-Bibb County Water and Sewer Authority

Employees Pension Plan; benefits; disallow

lump sum distribution .......................... 780, 878, 886, 1827, 2375

SB 342--License Plates; Special for Colleges; conditions for issuance;

applications; fees............................. 780, 1170, 1229, 1305, 1315

SB 343--Health; Hearing Aid Dealers; apprentice dispensers' permits;

requirements ...................... 780, 1056, 1116, 1180, 1188, 2177, 2375

SB 344--Teachers Retirement; Creditable Service; teacher in certain private

schools .................................................... 872

INDEX

2391

SB 345--Education; Local School Boards; members; ineligibility; certain

employment ....................... 872, 1113, 1171, 1240, 1246, 2178, 2375

SB 346--State Agencies; Contested Cases; evidence; deliberations in private

session ....................................... 872, 1168, 1229, 1305, 1316

SB 347--Motor Vehicles and Traffic; Serious Injury by Vehicle; chemical tests;

implied consent; refusal 872, 1057, 1116, 1180, 1189, 2303, 2323, 2333, 2375

SB 348--Elections; Vote Tabulation; prohibit using computers, optical scan

systems ........................................................... 873

SB 349--Floyd County; Juvenile Court; judge; salary;

fulltime duties ........................................... 873, 1057, 1061

SB 350--Education; youth in custody DHR or Corrections; local services;

records....................... 873, 1113, 1172, 1240, 1246, 2034, 2130, 2375

SB 351--Elections; Candidate Financial Disclosure Statements;

time of filing ................................. 873, 1168, 1229, 1305, 1317

SB 352--Augusta, City of; Augusta Airport Authority Act; create and

establish powers ......................................... 873, 1833, 1836

SB 353--Juvenile Proceedings; Traffic Fines; funding of community based

services for children ........................... 873, 1167, 1229, 1305, 1318

SB 354--Court Clerks; duties; transmittal of information on convicted

persons ...................................... 874, 1114, 1172, 1240, 1248

SB 355--Georgia Children and Youth Legislative Overview Committee;

creation ...................................... 874, 1167, 1229, 1305, 1318

SB 356--Hart County; Board of Commissioners; new board; election districts;

personnel................................................ 874, 1057, 1061

SB 357--Hart County; Sheriff; compensation; change provisions ...... 874, 1057, 1061

SB 358--Hart County; Tax Commissioner; compensation; change

874, 1057, 1061

SB 359--Hart County; Superior Court; clerk; probate court judge;

compensation ............................................ 874, 1057, 1061

SB 360--Head Injured Persons; Traumatic Brain Injury; define term; review of

facilities...................... 942, 1168, 1229, 1305, 1320, 2053, 2101, 2375

SB 361--State Properties Commission; Resolutions Conveying Public Property;

information requirements

942, 1170, 1229, 1305, 1322

SB 362--Municipalities; Annexing Ordinances; limitations; located county of

40,760 or less ............................................ 942, 1057, 1117

SB 363--Municipalities; Traffic Courts; cities of 300,000; fines; fund jail

facilities...................................... 942, 1057, 1117, 1180, 1189

SB 364--Local Government; Municipal Officers, Employers; compensation

increases; effective date ........................ 942, 1057, 1117, 1180, 1190

SB 365--Warren County; Deputy Sheriffs; appointment; compensation; equipment;

expenses ................................ 942, 1115, 1119, 1830, 1871, 2375

SB 366--Health; Long Term Care Facilities; violations; alternative to closure

943

SB 367--Local Government; Detention Buildings and Facilities Authorities;

creation; powers ............................. 1049, 1169, 1229, 1305, 1324

SB 368--Education; School Disciplinary Tribunals; proceedings, records;

confidentiality .................... 1050, 1169, 1230, 1305, 1324, 2369, 2375

SB 369--Local Government; Development Authorities; projects; intercollegiate

athletic facilities ............................. 1050, 1169, 1230, 1306, 1326

SB 370--Schools; Independent Systems; boundaries; territory annexed by

municipality ...................................................... 1050

SB 371--Corrections; Juvenile Detention; basic principles,

guidelines ................... 1050, 1169, 1230, 1306, 1327, 2296, 2303, 2375

SB 372--Magistrate Courts; Chief Magistrates; minimum

compensation ..................... 1050, 1170, 1230, 1306, 1348, 2369, 2375

SB 373--Certificate of Need; Qualifications; parent company; uncompensated

indigent care; clinical services

1106

SB 374--Parent and Child; At-Risk Children and Youth; state, local goals,

policy; priorities ............................. 1106, 1167, 1230, 1306, 1328

2392

JOURNAL OF THE SENATE

SB 375--Ludowici, City of; Elections; five election districts;

qualifications ........................... 1106, 1226, 1236, 1829, 1869, 2375

SB 376--Jasper County; Superior Court; clerk; annual salary; fees property of

county ...................................... 1107, 1226, 1236, 1537, 2375

SB 377--Cobb County; State Court; clerk, chief deputy;

compensation ................................ 1107, 1226, 1236, 1697, 2375

SB 378--Radiation Control Act; state agencies designated; transfer powers;

duties. .......................................................... 1107

SB 379--Cobb County; State Court; chief judge, create position; judges,

compensation ................................ 1107, 1226, 1236, 1697, 2375

SB 380--Emergency Medical Services; Paramedic Clinical Preceptor; trainees;

approved functions ................................................ 1107

SB 381--Motorcycles; Protective Headgear; requirements; applicable certain

persons .......................................................... 1107

SB 382--Counties; Children and Youth At-Risk; innovative community programs;

grants....................................... 1107, 1167, 1230, 1306, 1329

SB 383--Human Resources; Juveniles Committed to YDC's; subsidies for community

based services ............................... 1108, 1167, 1230, 1306, 1330

SB 384--Wilkinson County; Board of Education; members serving simultaneous

municipal office ......................................... 1164, 1300, 1302

SB 385--Wilkinson County; Board of Education; service by officeholders of City

of Gordon .............................................. 1164, 1368, 1371

SB 386--Fulton County Government Study Commission; creation; membership;

powers; duties .................................................... 1165

SB 387--Gwinnett County; Board of Commissioners; charitable contributions;

reimbursed expenses ......................... 1221, 1368, 1371, 1828, 2375

SB 388--Gwinnett County; Indigent Defense Committee; creation of; public

defender; policies ....................................... 1221, 1368, 1371

SB 389--Peace Officers; Injured in Line of Duty; compensation; time period

1222

SB 390--Cobb County; State Court; judges of second division;

compensation ................................ 1222, 1368, 1371, 1828, 2374

SB 391--Minors; Child Custody; age child may select parent with whom

to live .......................................................... 1222

SB 392--Keysville, City of; new charter ........................... 1295, 1548, 1560

SB 393--Charles, City of in Toombs County; abolish 1295, 1548, 1560, 2177, 2375

SB 394--Gwinnett County; County Historian; appointment; duties; compensation;

office funding ................................ 1295, 1548, 1560, 2177, 2375

SB 395--Cobb County Community Improvement Districts; procedures,

requirements; board members; annexation ...... 1295, 1548, 1560, 2368, 2375

SB 396--Electrolysis, Practice of; licensure; qualifications; regulation of

1295

SB 397--Dawson County; Sheriff; compensation ......... 1364, 1548, 1560, 2369, 2375

SB 398--City of Marietta; Mayor, Councilmen; qualifications;

lights and waterworks board; probation office 1541, 1833, 1837, 2368, 2375

SB 399--Savannah, City of; Corporate Limits; extend boundaries 1541, 1833, 1837

SB 400--Cobb County; Redevelopment Powers;

referendum .................................. 1541, 1833, 1837, 2368, 2375

SB 401--Marietta, City of; Corporate Limits; change ......................... 1541

SB 402--Smyrna, City of; Corporate Limits; change .......................... 1542

SB 403--Kennesaw, City of; Corporate Limits; change ........................ 1542

SB 404--Cobb County; Civil Service Board; membership; classified, unclassified

positions .................................... 1542, 1834, 1837, 2369, 2375

SB 405--Northeastern Judicial Circuit; Superior Court; judges; salary

supplements ............................................ 1700, 2008, 2018

SB 406--Blue Ridge Judicial Circuit; Superior Court; judges;

salary supplement....................................... 1700, 2008, 2018

INDEX

2393

SENATE RESOLUTIONS

SR

1--Senate; adopt rules.................................................. 23

SR

2--Senate; Convened; notify House, January 9, 1989 ...................... 76

SR

3--Senate; Officials, Employees, Committees .............................. 76

SR

4--General Assembly; Open Meetings Requirements; amend

Constitution ............................................ 91, 99, 113, 121

SR

5--Marietta, City of; Downtown Development Authority; property conveyance

for parking deck

91, 335, 374, 403, 410, 1539, 1694

SR

6--Drug Trafficking; committee to study use of

National Guard to combat .......................... 91, 236, 277, 316, 320

SR

7--State Government; Fiscal Planning; economy, reorganization, efficiency;

committee to study ................................. 91, 99, 114, 121, 122

SR

8--Lotteries; Amend Constitution to Provide for a State Lottery ........... 91

SR

9--Libraries; Postsecondary Vocational Education Library Needs; committee

to study........................................... 92, 236, 277, 316, 321

SR 10--Handicapped Persons; Rehabilitation Technology; university system

facilities; study funding ......................... 92, 373, 398, 433, 480, 481

SR 11--Danner, D. T. of Lincoln County; commend ........................... 92

SR 12--Motorcycles; Motorcycle Awareness and You Month;

recognize May, 1989 ................................ 98, 208, 224, 240, 266

SR 13--Ray Goff; University of Georgia Head Coach; congratulate .............. 99

SR 14--Bagwell, Wendy and the Sunliters; commend ..................... 114, 750

SR 15--Tift College; Committee to study possibility of State purchasing. ....... 112

SR 16--Georgia National Guard; assistance in fighting

drugs ............................................ 113, 236, 277, 316, 321

SR 17--Henry County High School; commend ........................... 114, 230

SR 18--Deal, Roscoe 'Rocky'; commend ................................. 114, 212

SR 19--Jonesboro Junior High School; commend ......................... 114, 228

SR 20--Harrison, the Honorable John Carl, Senator, District 37;

Condolences to family .............................................. 121

SR 21--Armenian Earthquake; emergency relief efforts;

commend physicians ........................................... 121, 403

SR 22--Wilkinson County; Forestry Commission Property; easement for road,

power lines ....................... 147, 336, 374, 403, 410, 1221, 1247, 2375

SR 23--Baldwin County; State-Owned Property;

purchase by James R. Ivey, Jr. ..................... 147, 627, 662, 701, 713

SR 24--Roswell Presbyterian Church; commend .......................... 121, 202

SR 25--Union Camp Corporation; Easement for Pipeline, Electrical Cables in

Savannah River........................ 147, 336, 374, 403, 411, 1221, 2375

SR 26--Warner Robins Clean Community Commission;

recognize ......................................... 147, 276, 303, 339, 355

SR 27--Insurance; Agents; property, casualty; unfair termination;

urge certain actions .................... 147, 237, 277, 316, 322, 2303, 2332

SR 28--First Baptist Church of Snellville and Dr. James G. Merritt; commend . 137

SR 29--Georgia Citizens for the Arts; commend .............................. 213

SR 30--Lotteries; State Lottery; provide; amend Constitution; proceeds for

education ........................................ 205, 224, 237, 280, 290

SR 31--Tedsco, D. Francis J., Medical College of Georgia President; commend . . 215

SR 32--Cole, Dr. Thomas W., Jr., Clark Atlanta University President;

commend. ......................................................... 215

SR 33--Slosheye Trail Big Pig Jig Barbecue Cooking Contest; recognize ........ 209

SR 34--Firemen's Recognition Day, Seventeenth

Annual; commend .................................................. 209

SR 35--Joel Cowan Parkway; Designate portion of State Route 74 in Fayette

County................................ 205, 276, 304, 339, 356, 2370, 2375

2394

JOURNAL OF THE SENATE

SR 36--Floy Fair Parkway; Designate portion of State Route 54, Peachtree

City ............................................. 206, 276, 304, 339, 357

SR 37--Pardons and Paroles; Board; convicted felons serve minimum Vi of

sentence before parole

206, 783, 879, 956, 977

SR 38--Glenwood Hills Athletic Association 85-Pound Football Team;

commend................................................... 210, 432

SR 39---Transportation; Designate; William A. Ridley Bridge in Murray County,

Highway 52 ........................... 221, 276, 304, 339, 358, 1292, 2375

SR 40--Academic Recognition Day, University System of Georgia Outstanding

Scholars; commend ................................................. 228

SR 41--Rossi, Lawrence Orlando 'Rocky'; honoring

228

SR 42--Elections; Vacancies Created by Elected Officials Qualifying Other

Office ............................................ 221, 276, 304, 339, 358

SR 43--Tax Aid Program of American Association of

Retired Persons; commend .......................................... 228

SR 44--Georgia Agrirama; committee to study relocating

221

SR 45--Ray, Lelia Melisa, Sweet Potato Queen; commend

228, 283

SR 46--Waters, Lieutenant Colonel Jack T. of Salvation Army; recognize 228, 283

SR 47--R. E. Lee High School; commend

239

SR 48--Davis, Rebecca E.; commend

239

SR 49--Boyd, Dr. Laurence E.; commend

239

SR 50--Rocker, Tracy, Outstanding College Football Player; commend

239

SR 51--Oliver, Clint, 1988 Star Farmer in America; commend

239, 378

SR 52--Education; Hiring Practices of Public Schools; investigate racial

imbalance ........................................ 273, 626, 663, 701, 714

SR 53--Savannah Day at the Capitol; designate January 30, 1989 .............. 278

SR 54--Baldwin County; conveyance of state property on

U.S. Highway 441

298, 1115, 1171, 1240, 1250, 1699, 2146, 2295, 2323

SR 55--Vidalia Onions; urge adoption of federal marketing order

278

SR 56--Consumer Protection; Motor Vehicle Dealers, Importers, Manufacturers;

committee to study ........................... 299, 373, 398, 433, 480, 481

SR 57--Drug Trafficking; felony offense; mandatory

prison sentences ................................................... 299

SR 58--Judicial Circuits; Investigative Grand and Trial Juries; special trial

districts; establish ................................ 299, 783, 879, 956, 1023

SR 59--Fleming, Berry; Georgia Author; commend

306

SR 60--Motor Vehicle Insurance; costs containment; tort threshold; committee

to study............................... 299, 552, 579, 635, 644, 1828, 1908

SR 61--Frazier, Frances, 1988 Miss Georgia Pageant; commend

306, 381

SR 62--Gwinnett County Jail; easement on state property to Jackson EMC for

transmission line

299, 627, 663, 701, 715, 1539, 2375

SR 63--Property Conveyances; Fulton County sell rail spur; Cave Spring

purchase state property............ 299, 627, 663, 701, 716, 1540, 1609, 2375

SR 64--World Congress Center; Project Number GWWC-2, Georgia Dome;

sale of state owned land in Atlanta ................. 299, 662, 697, 748, 756

SR 65--Pardons and Paroles Board; limit power to parole persons convicted of

drug trafficking ................................... ................. 299

SR 66--McGill, Sam P., Senator, District 24; condolences to family

337, 671

SR 67--Property Conveyances; Chatham County; Wormsloe Historic Site;

City of Springfield, utility easement from Forestry

Commission ...................... 330, 627, 663, 701, 716, 1540, 1602, 2375

SR 68--Tattnall County; State-owned Property; easement; Oglethorpe Power,

Altamaha EMC ........................ 331, 627, 663, 701, 717, 1363, 2375

SR 69--McWhorter, Mac, West Georgia College Football Coach; invite

245, 306

SR 70--Access to Health Care Commission; creation

331, 740, 785, 889, 930

SR 71--Cowan, Michael, National 4-H Championship; commend

338

SR 72--Laseter, Ben, National 4-H Championship; commend

338

INDEX

2395

SR 73--Aldridge, Austin, National 4-H Championship; commend

338

SR 74--Johnson, Andy, National 4-H Championship; commend

338

SR 75--Black, Barclay, National 4-H Championship; commend

338

SR 76--Rodgers, Dr. Thomas F., State 4-H leader; commend

338

SR 77--Clifton, Niki, National 4-H Championship; commend

338

SR 78--Stone, Kevin, National 4-H Championship; commend.................. 338

SR 79--Nelson, Chap, National 4-H Championship; commend

338

SR 80--Sirmans, Leigh, National 4-H Championship; commend

338

SR 81--Downing, Melinda, National 4-H Championship; commend

338

SR 82--Tift County 4-H Poultry Judging Team; commend

338

SR 83--Dutton, Hope, National 4-H Championship; commend

338

SR 84--Smith, Susan, National 4-H Championship; commend

338

SR 85--Hill, Tricey, State 4-H Club President; commend

338

SR 86--University of Georgia; Football Team; commend ...................... 338

SR 87--Young, Meredith; commend ..................................... 338, 378

SR 88--Edwards, Teresa; commend ..................................... 339, 437

SR 89--Thomasville High School Football Team; commend

339

SR 90--Chappell, Bennifee; congratulate.................. .................. 339

SR 91--Music Industry Committee and Citizen's Advisory

Council ...................................... 370, 1115, 1171, 1240, 1253

SR 92--Public School Choice Joint Study Committee ..................... 370, 626,

663, 701, 718, 1698, 1752

SR 93--Agriculture; Farm Bureau Day; proclaim February 1, 1989

376

SR 94--Franklin County High School Academic Bowl Team; commend . 376, 403

SR 95--Battle Smith Bridge; designate in Putnam County ................ 370, 553,

580, 635, 645, 942, 2375

SR 96--Pardons and Paroles Board; limit parole powers in certain

felony cases; change board members' terms .......... 392, 552, 580, 635, 646

SR 97--Sales and Use Taxes; Local School Systems; revenue source other

than ad valorem tax................................................ 392

SR 98--Georgia Recreation and Park Society; commend

401

SR 99--Georgia Military College; committee to study future policy

and funding ........................... 421, 626, 663, 701, 720, 1698, 1751

SR 100--Tattnall County Historic Preservation, Inc.; commend

401

SR 101--Greene, Gertrude of Screven County; honoring

401

SR 102--Education; State School Superintendent; state board appoint;

Board members elected; amend Constitution

421

SR 103--Solid Waste Management Joint Study Committee ................. 422, 578,

628, 671, 683, 1540, 1626

SR 104--Medicaid Drug Costs; urge actions to control

expenditures...................................... 422, 578, 628, 671, 684

SR 105--PTA of Georgia and President Georgianne Bearden; commend

431

SR 106--DeLoach, Fred, Jr. of Lowndes County; commend ..................... 431

SR 107--Waters, Chastity Carol, National Courage Award; commend

431, 611

SR 108--Johnson, Wayne, UGA Quarterback; commend ........................ 476

SR 109--Lee, George Salter; condolences to family ............................ 476

SR 110--State Agencies; Printing and Documents; cost display;

committee to study ............................... 464, 696, 742, 791, 866

SR 111--Judicial Circuits; Judgeships; committee to study ethnic makeup,

elections, districts .................................................. 464

SR 112--Shapiro, Robert B., The NutraSweet Company; commend

476, 724

SR 113--Bussey, Larry Wayne, 1989 Georgia Teacher of Year; commend 476, 1320

SR 114--Alexander High School Concert Choir; commend .................. 476, 525

SR 115--Southern States Correctional Association; recognize ................... 476

SR 116--Elections; Public Officials Ineligible Hold Office; crimes relating to

office ............................................ 511, 696, 742, 791, 867

SR 117--Recycling and Land Preservation Study Committee ................... 511

2396

JOURNAL OF THE SENATE

SR 118--Bray, Angela W., 1988 GOAL Award; commend

518, 853

SR 119--Albany Chamber of Commerce; commend

518, 558

SR 120--Property Conveyances; Clayton County; land exchange; Human Resources

youth detention center ................. 547, 741, 785, 889, 931, 1539, 2375

SR 121--Local Government; Revenue Bonds; debt incurred for public facilities;

voter approval ..................................................... 547

SR 122--Atlanta, City of; School Bonds; issuance without referendum; amend

Constitution .................................. 548, 634, 741, 785, 889, 932

SR 123--Macon College; urge Board of Regents convert to four-year

college ....................................... 548, 1056, 1115, 1180, 1191

SR 124--Stephenson, Major Ray; commend

557

SR 125--Colquitt County High School A Cappella Choir; commend

557

SR 126--Property Conveyances; Atlanta; convey Labor Department easement area to

P.C. Powers ........................... 576, 741, 785, 889, 934, 1538, 2375

SR 127--Property Conveyances; City of Bainbridge; land exchange; National Guard

Armory property ....................... 576, 741, 785, 889, 935, 1400, 2375

SR 128--West Point Lake Joint Study Committee........................ 576, 1114,

1171, 1240, 1254, 1932, 1939

SR 129--Bray, Hugh and Julie; commend .................................... 585

SR 130--Andrews, Mrs. Carrie; congratulate on 100th Birthday

585

SR 131--Seabolt, Kenneth, Law Enforcement Officer; commend

632

SR 132--Burke County; property conveyance; easement for telecommunication

cable. ................................. 622, 741, 785, 889, 936, 1539, 2375

SR 133--Bryant, Glenn, the Honorable; former Senator, District 3; commend 632

SR 134--Kahn, Dr. Bernard L.; commend

.632

SR 135--General Assembly; Supplementary Appropriations Acts, Amendments;

enactment prohibitions ............................................. 660

SR 136--Amoco Corporation and Its Subsidiaries; recognize

669

SR 137--Gwinnett County Chamber of Commerce; reception for

General Assembly .................................................. 669

SR 138--Local Government; Revenue Bonds; issuance without referenda; committee

to study................................ .......................... 660

SR 139--Local Government; Counties; employees of county officers; personnel

administration ..................................................... 660

SR 140--Commission on Economy and Efficiency in State Government;

creation .......................................... 660, 695, 742, 791, 840

SR 141--Smith, Honorable Frank M.; condolences to family .................... 669

SR 142--Congress, U.S.; federal transportation trust fund;

motor fuel tax, urge removal from budget . 693, 784, 879, 956, 1025, 2008

SR 143--Bryant, W. A.; Postmaster, Oglethorpe County; commend

746

SR 144--Property; Leasing Hunting Rights urge landowner preference to Georgia

residents ..................................... 781, 1114, 1171, 1240, 1254

SR 145--Georgia Beer Wholesalers Association; commend

787, 885

SR 146--Watson, Jarret Lee, 1988 Watermelon Queen; commend

787, 978

SR 147--Gordon College; urge Board of Regents convert to four-year

college ....................................... 874, 1546, 1551, 1717, 1718

SR 148--Minors; Foster Care Review Panels; juvenile court judges;

encourage .................................... 874, 1168, 1227, 1306, 1331

SR 149--Juvenile Offenders; community based services;

urge expansion................................ 875, 1168, 1227, 1306, 1331

SR 150--Daughtry, Hampton Lamar; commend

883, 1063

SR 151--Electric Membership Cooperatives in Georgia; commend

883

SR 152--Equalized Adjusted School Property Tax Digest, Joint

Study Committee ....................... .943, 1113, 1171, 1240, 1255, 2178

SR 153--North Gwinnett High School Marching Band; commend ............... 952

SR 154--Property Conveyances; Monroe and Taliaferro Counties; telephone

cable easements............... 943, 1115, 1171, 1240, 1257, 1880, 1913, 2375

INDEX

2397

SR 155--Minors; Youth Substance Abuse Rehabilitation Center; closed YDC

facility serve............................................. 943, 1168, 1227

SR 156--Fleming, Charlie; Director, State Museum of Science and Industry;

commend. ......................................................... 952

SR 157--Williamson, John W., Jr.; commend.................... .............. 952

SR 158--Waters, Sheriff Romie of Tattnall County; commend .................. 952

SR 159--State Employees; Quality of Work Life Activities (QWL);

committee to study .......................... 1050, 1300, 1368, 1417, 1418

SR 160--General Assembly; Strategic Planning Study Committee;

legislative modernization ...................... 1050, 1300, 1368, 1417, 1419

SR 161--Muscogee County Board of Education; grand jury appointment;

committee to study ............... 1050, 1168, 1227, 1306, 1332, 1376, 1377

SR 162--State Capitol 100th Anniversary, July 4, 1989;

relative to ........................................................ 1060

SR 163--Stone Mountain-Britt Memorial Airport; urge FAA

conduct study ............................... 1050, 1170, 1227, 1306, 1334

SR 164--Property Conveyances; Sweetwater Creek Microwave Relay Station; lease;

U.S. Corps of Engineers ........... 1051, 1170, 1227, 1306, 1334, 1697, 2375

SR 165--Ethanol Study Committee .................... 1051, 1167, 1227, 1306, 1335

SR 166--Pitman, Sharon, National Middle School Counselor; commend

1060

SR 167--Juvenile Proceedings; Court Appointed Special Advocates (CASA);

commend and encourage ...................... 1108, 1168, 1227, 1306, 1336

SR 168--Economic Development; Transportation System; enhancement;

committee to study .......................... 1108, 1405, 1548, 1717, 1719

SR 169--Laws, Honorable H. Frank of Claxton; condolences to family.......... 1060

SR 170--Chatham County; Skidaway Island State Park Citizens' Committee;

commend.................................................... 1060, 1164

SR 171--Property Conveyances; Skidaway Island State Park; land exchange;

Union Camp Corporation .......... 1108, 1170, 1227, 1306, 1336, 1697, 2375

SR 172--State Parks System Study Committee ......... 1108, 1367, 1406, 1590, 1591

SR 173--Timberlands; reforested; urge capital gains tax

differential .................................. 1108, 1365, 1406, 1590, 1592

SR 174--Palmetto High School Football Team; commend ..................... 1119

SR 175--Property Conveyances; Sumter County; South Georgia Technical

Institute; convey 95 acres .......................... 1108, 1170, 1227, 1306,

1338, 1699, 1803, 2375

SR 176--Georgia Music Hall of Fame Commission to Establish

Permanent Site in Macon.......................... 1108, 1367, 1406, 1590,

1592, 2160, 2172, 2200, 2201, 2296, 2358, 2373

SR 177--Agriculture; Kenaf Plant; committee to study new crop;

paper product

...... 1108, 1167, 1227, 1306, 1338

SR 178--Turner, Lawrence Keith; commend ................................. 1119

SR 179--Bryan County School System; commend ............................ 1176

SR 180--Evans County Wildlife Club; commend.............................. 1176

SR 181--Evans County School System; commend............................. 1176

SR 182--Colquitt County Arts Council; commend ............................ 1176

SR 183--Transportation Department; study of state-wide mass transit and heavy

rail systems ...................................................... 1165

SR 184--Congress, U.S.; Urge Allow State Sales Tax on Out-of-state Mail Order

Companies .................................. 1165, 1365, 1406, 1590, 1594

SR 185--Adoption; laws and programs; committee to

study ....................................... 1165, 1545, 1552, 1717, 1720

SR 186--Fulton-DeKalb Hospital Authority; Grady Hospital annual

budget summary .............................. 1165

SR 187--Peeples, John Wesley of Chatsworth; commend ...................... 1176

SR 188--Spigel, Bernice B. of Dalton; commend. ........................ 1176, 1295

2398

JOURNAL OF THE SENATE

SR 189--Miller, Zell Bryan, Honorable Lieutenant Governor; happy birthday

wishes ........................................................... 1183

SR 190--Cox, Honorable Walter E.; condolences to family

1188

SR 191--Christopher, Lamus; commend

1236

SR 192--Harpe, Major General Winfield S.; condolences to family

1236

SR 193--Guardianship Laws Study Committee .......... 1222, 1405, 1548, 1717, 1720

SR 194--Lawrenceville Middle School Basketball Team; commend

1236

SR 195--General Assembly; Adjournment February 24 to February 27

1214, 1221

SR 196--Communications Workers of America; commend

1236

SR 197--Dooley, Vince; UGA Athletic Director; commend ..................... 1236

SR 198--Regents Board; Free Tuition for Children of Faculty Members; request

consideration ..................................................... 1295

SR 199--Drug Abuse and Drug Trafficking Study Committee .................. 1296,

1547, 1552, 1717, 1723

SR 200--Stone Mountain-Britt Memorial Airport; urge stop expansion;

sell property................................. 1296, 1367, 1406, 1590, 1595

SR 201--Traffic Infractions; committee to study

methods of disposition........................ 1364, 1547, 1552, 1717, 1724

SR 202--Federal Government; Nursing Home Reform Provisions; urge Alternative

Disposition Plan ............................. 1365, 1404, 1548, 1717, 1725

SR 203--Autism Resource Center at Emory University; support

development................................. 1365, 1404, 1548, 1717, 1729

SR 204--Automobile Insurance Costs Containment Study

Committee ....................................................... 1365

SR 205--Tibbitts, Reverend Joseph Hollis; condolences to family

1371

SR 206--Buses; private schools and churches; committee to study

safety .................................. 1401, 1589, 1701, 1702, 1843, 1844

SR 207--Farris, Joe, Jr.; commend .......................................... 1371

SR 208--Lee, Clifford E.; commend ......................................... 1371

SR 209--Toombs, James Weldon; condolences to family

1371

SR 210--Culpepper, Judge Robert E. Lee, Jr.; condolences to family

1371

SR 211--Natural Resources Department; fees, receipts, revenues; committee to

study ....................................... 1401, 1546, 1552, 1717, 1743

SR 212--William Russell Redfern and Very Special Arts; commend

1467

SR 213--Almand, Honorable Preston Matthew; condolences to family

1411

SR 214--Frances S. Duncan, Director, Elections Division; commend

1411, 1869

SR 215--Tabernacle Baptist Church of Carrollton and Reverend Ron Stone;

commend..................................................... . . . 1411

SR 216--Telephones; intracounty toll free dialing;

committee to study .......................... 1401, 1547, 1552, 1717, 1744

SR 217--Mental Health; Psychological Services to Medicaid Recipients;

reimbursable coverage ............................................. 1401

SR 218--Peace Officers Rights While Under Investigation

Study Committee ............................ 1401, 1547, 1552, 1717, 1745

SR 219--Houston County Drug Action Council (HODAC);

commend......................................................... 1411

SR 220--Youth Conservation and Service Corps Study

Committee ....................................... 1542, 1836, 2009, 2183

SR 221--Westpoint Pepperell, Inc. and William F.

Parley; recognize .................................................. 1514

SR 222--Free Enterprise Day in Georgia; proclaim March 8, 1989

1559, 1831

SR 223--Ronald E. McNair High School Junior Varsity Basketball Team;

commend......................................................... 1559

SR 224--Slaton, John Maurice; wishing speedy recovery ...................... 1525

SR 225--Divorce; Child Custody; committee to study joint

custody provisions ................................ 1542, 1836, 2009, 2183

SR 226--Locklear, Mary Jane, McDuffie County Probate Judge; commend

1559

INDEX

2399

SR 227--Watson, William C., McDuffie County Superior Court Clerk;

commend......................................................... 1559

SR 228--U. S. Marshals Service 200th Anniversary; commend

1559

SR 229--DeLoach, Perry Lee of Claxton; commend ........................... 1559

SR 230--Humana Hospital-Augusta Burn Center; commend

1559

SR 231--Department of Corrections Tactical Squad;

commend......................................................... 1559

SR 232--Falls, Thomas E.; commend ..................................... . . 1559

SR 233--Vince Dooley; recognize upon retirement; UGA

Head Football Coach .............................................. 1559

SR 234--Wheeler, Dr. Susie W.; commend ................................... 1559

SR 235--Walker, Margaret L.; commend..................................... 1559

SR 236--Commercial Artists; copyright ownership; committee

to study..................................... 1700, 1833, 1834, 2025, 2027

SR 237--Water Priority During Shortages; nurserymen,

landscapers..................... ........... 1700, 1833, 1834, 2025, 2027

SR 238--Motorists Aid Safety System and Crash

Impact Devices; relative to ......................................... 1704

SR 239--Savannah, City of; St. Patrick's Day Parade Committee;

appreciation to ................................................... 1728

SR 240--Georgia Sea Island Festival; recognize ............................... 1704

SR 241--Head Injury Treatment and Rehabilitation Study

Committee .................................. 1700, 1833, 1834, 2025, 2028

SR 242--Sentell, Professor R. Perry, Jr.; commend ........................... 1704

SR 243--Middle Georgia College; urge Board of Regents convert

to four-year college ...................................... 1832, 2009, 2183

SR 244--State Agencies; Printing and Documents; cost display requirements;

committee to study .................... ................ 1832, 2009, 2184

SR 245--Wrecker Service Study Committee .................. 1832, 2009, 2010, 2184

SR 246--Schools; Recruitment, retention of minority educators;

study committee .................. ............... 1832, 2009, 2010, 2184

SR 247--Education; State Board; importance of 1990 U.S. Census; urge student

instruction ....................................... 1832, 2009, 2010, 2184

SR 248--Log Truck Driver Safety; commend Georgia Forestry

Association ............................... ....................... 1835

SR 249--Griner, Lewis H., Sr.; commend ...... ....... ................... 1836

SR 250--Sikes, Benjamin Franklin; commend ........................ ... 1836

SR 251--Towns County High School Baseball Team; recognize

...... 1836, 1887

SR 252--Carrollton High School Debate Team; commend ..................... 1876

SR 253--Georgia Optometric Association; commend. .......................... 2018

SR 254--Coverdell, Honorable Paul D.; Director of the Peace Corps; commend 1869

SR 255--Bussey, Mary Lee Hall of Columbus; honoring ....................... 2018

SR 256--Johnson, Walter A., Sr.; honoring........... ....................... 2018

SR 257--Thomas, Mamie Jackson; commend ................................. 2018

SR 258---Burrell, Samuel; commend ......................................... 2018

SR 259--Sapp, Benjamin F., Evans County Sheriff; commend

2018

SR 260--Van Norte, Harriet K.; commend ................................... 2184

SR 261--Miller Brewing Company of Albany; commend

2184

SR 262--Hicks, Jackson Wiley, 100th Birthday; recognize

2184

SR 263--Davis, Van; condolences to family . ............................... 2185

SR 264--Atlanta Business League; commend ............................... 2185

SR 265--General Assembly; Adjournment March 13 to March 15 .... 2132, 2175, 2176

SR 266--Williams, Lynn W.; commend ...................................... 2185

SR 267--Medical Practice; Obstetricians; committee to study exposure to

liability actions ............... ................................... 2185

SR 268--Cobb County; Solid Waste Management; urge commissioners investigate

alternatives ....................................................... 2185

2400

JOURNAL OF THE SENATE

SR 269--Parker, Bonnie, STAR Student and STAR Teacher, Helen McClellan; commend. ........................................................ 2185
SR 270--Beckham, Kevin, STAR Student and STAR Teacher, Jackie Marshall; commend ........................................................ 2185
SR 271--Cosby, Chris, STAR Student and STAR Teacher, James Kinchen; commend. ........................................................ 2185
SR 272--Hawkinsville High School Lady Basketball Team; commend .......... 2185 SR 273--Kluka, Ray; commend ............................................. 2368 SR 274--Home, Dr. Sidney; commend....................................... 2368 SR 275--General Assembly; Adjournment sine die March 15, 1989 . . . 2367, 2368, 2375

INDEX

2401

PART II

HOUSE BILLS AND RESOLUTIONS

HB 1--Revenue and Taxation; Excise Tax on Rooms, Hotels, Motels;

local option; additional 1%

230, 236, 278, 316, 323, 391, 413

HB 2--Misdemeanor Cases; Punishment; increase fines up to $2,000 ....... 269, 273

HB 4--Health; Alcohol Treatment Programs; effective date postponed

to July 1, 1995 ........... 459, 464, 578, 629, 749, 791, 889, 957, 1063, 1081

HB 5--Commerce and Trade; Sellers of Business Opportunities;

redefine term ................................. 328, 331, 396, 429, 480, 501

HB 7--State Boxing Commission; termination date;

June 30, 1995................................. 217, 221, 397, 429, 480, 501

HB 8--State Board of Recreation Examiners; termination date;

July 1, 1990 .............................. 778, 781, 1367, 1406, 1843, 1879

HB 10--State Courts; Retired Judge or Judge Emeritus; judicial assistance;

compensation ....................................... 143, 148, 1057, 1117

HB 11--Agriculture; Fertilizer, Pesticide Use; contamination; liability of

farmers .................................... 366, 370, 626, 664, 1121, 1133

HB 15--State Boxing and Wrestling Commission;

creation of ................................... 218, 221, 397, 429, 480, 502

HB 16--Highways; Developmental Highway System; Governor's

Road Improvement Program ............. 1353, 1357, 1405, 1549, 2026, 2076

HB 19--Criminal Procedure; Arraignment; notice of date; time for mailing;

pretrial procedure ............................. 269, 273, 516, 555, 587, 612

HB 29--Parent and Child; Cruelty to Children; reckless abandonment;

penalties ..................................... 201, 206, 335, 375, 403, 412

HB 30--Drug Trafficking; controlled substances and

marijuana; penalties ................. 543, 548, 1366, 1406, 1591, 1671, 2178

HB 31--Chattahoochee County; Board of Commissioners; chairman, members;

compensation ......................................... 107, 113, 209, 210

HB 32--Motor Vehicles and Traffic; Giving False Birthdate to Law Enforcement

Officer; penalty ......................... 269, 273, 741, 786, 889, 957, 1037

HB 41--Waycross, City of; Office of Mayor; provide; add areas to territorial

limits ................................................ 116, 209, 210, 214

HB 42--Peace Officers Annuity and Benefit Fund; payments to fund; filing;

forms ........................................ 216, 221, 426, 470, 520, 540

HB 43--Peace Officers Annuity and Benefit Fund; membership;

redefine 'peace officer' ....... 216, 222, 426, 471, 520, 541, 627, 748, 769, 872

HB 45--Sales and Use Taxes; Joint County and Municipal; temporary rate

increase; authority repealed ........... 459, 464, 551, 581, 635, 672, 701, 721

HB 49--Sailboards; exemption; Georgia Boat

Safety Act. ..................... 270, 273, 553, 581, 635, 672, 701, 725, 1293

HB 50--Game and Fish; Hunting licenses; exemption; field and retriever

trials................................ 418, 422, 553, 581, 635, 672, 701, 722

HB 51--Certificate of Need; Definitions; kidney disease treatment centers,

dialysis; exclude .......................... 507, 511, 1056, 1117, 1240, 1270

HB 53--Transportation; Truck Tractors-Semitrailers; maximum length, weight per

axle; equipment........................ 642, 643, 784, 880, 957, 1040, 1105

HB 54--Athletics; Amateur sports officials, volunteer coaches; limit

liability .............................. 367, 371, 784, 881, 1063, 1069, 1294

HB 55--Court of Appeals and Supreme Court; justices;

compensation ............................... 1352, 1357, 1700, 1702, 1844,

1948, 2154, 2163, 2174, 2300, 2344, 2372

HB 56--Natural Resources; Waterfowl Stamp Fund; hunting stamp requirements;

fees; proceeds.................... 270, 274, 553, 565, 586, 587, 631, 748, 765

2402

JOURNAL OF THE SENATE

HB 57--Professional Corporations; sole

shareholders; loss of income benefits

329, 331, 784, 881, 1121, 1134

HB 58--Education; Pharmacies Operated by Colleges;

special permits

329, 331, 1168, 1231, 1717, 1754

HB 59--Elections; Voting; counting ballots containing write-in votes;

procedures .............................. 296, 300, 425, 471, 520, 559, 564

HB 62--Elections; Superintendents and Voter Registrars; mandatory annual

training ................................. 296, 300, 425, 471, 520, 559, 565

HB 63--Voter Registration; Permanent Additional Sites;

deputy registrars .............................. 315, 425, 471, 520, 559, 566

HB 64--Crimes and Offenses; Serious Injury by Vehicle While Driving

Recklessly; criminal offense

233, 235, 397, 429, 480, 503

HB 66--Elections; Absentee Voting; uniformed and overseas citizens; correct

reference ................................ 296, 300, 425, 471, 520, 559, 566

HB 69--Controlled Substances; Schedule Listings; change; exclusions; dangerous

drugs, definition

619, 622, 1300, 1368, 2026, 2077, 2179

HB 70--Human Resources; Medicaid Prescription Drug Bidding and Rebate Program;

establish ................................ 681, 1226, 1300, 1717, 1759, 2005

HB 71--Anabolic Steroids; dangerous drugs; illegal use, distribution;

penalties ................................... 545, 548, 784, 881, 1063, 1077

HB 72--Elections; Voter Registration Cards; provide for issuance;

procedures

296, 300, 425, 471, 520, 559, 567

HB 75--Hazardous Materials; Waste Facilities; application for construction

permits; notices ......................... 1104, 1109, 1367, 1406, 1718, 1771

HB 76--Health; Living Wills; witnesses

217, 222, 948, 1058, 1376, 1418, 1472

HB 90--Retirement and Pensions; Code Revision, Title 47;

errors and omissions

142, 148, 426, 471, 520, 559, 568, 1106

HB 91--Elections; Code Revision, Title 21;

errors and omissions

142, 148, 276, 305, 339, 360

HB 92--Crimes and Offenses; Foreclosure Fraud; change incorrect reference

within O.C.G.A. ............................... 143, 148, 303, 337, 378, 386

HB 93--Code of Georgia; correct errors and omissions, revision

of numerous titles

143, 148, 224, 238, 280, 292

HB 94--Corrections; Probationers; revocation; confinement alternatives;

supervision period

329, 331, 662, 697, 957, 1039, 1317, 1345, 1346,

1349, 1350, 1788, 1823, 2006

HB 96--Courts; Bailiffs; compensation; jurors, expense allowance;

increase ....... 217, 222, 397, 429, 480, 504, 736, 756, 1105, 1161, 2155, 2181

HB 98--Appropriations and Fiscal Affairs; Supplemental; Medicaid; FY end

6-30-89; provider claims FY 1988

136, 137, 207, 227, 240, 266

HB 99--Driver's License; Suspension; no insurance; punishment; surrender;

restricted permits ............................. 201, 206, 579, 630, 748, 762

HB 100--License Plates; Special; disabled veterans; special design,

color

201, 206, 236, 246, 280, 305, 339, 360, 425

HB 101--License Plates; Fees; repeal use of surety bond to purchase; tag

agents .................................. 232, 235, 373, 400, 433, 480, 482

HB 102--Waste Management; Solid Waste Disposal Sites; permits; adjoining county

approval ................................. 778, 781, 1367, 1407, 1590, 1632

HB 104--State Employees; Merit System; working test period; interdepartmental

transfers ........................... 544, 548, 1056, 1117, 1180, 1192, 1293

HB 105--Courts; Indigent Defense; funding; interest on attorney-client trust

accounts

217, 222, 1114, 1172, 1590, 1690, 1819, 1851, 1964

HB 106--Jurors; civil trials; retaining alternates until agreed upon

verdict ....................................... 328, 331, 516, 556, 587, 612

HB 107--Probate Judges, Executive Council of Georgia; members;

election; term .................... 201, 206, 397, 429, 480, 519, 559, 587, 592

INDEX

2403

HB 108--Magistrates; official bonds and oaths;

filing and recording ...................... 143, 148, 397, 430, 480, 519, 520

HB 110--Georgia Aviation Hall of Fame; creation; headquarters,

Houston County ......................... 269, 274, 396, 430, 480, 519, 521

HB 111--Corrections; Juvenile Felons; calculation of confinement time; prior

detention..................................... 202, 206, 335, 375, 403, 414

HB 113--Municipalities; Elected Officers; change terms; General Assembly

provide by local law ...................... 328, 332, 397, 430, 480, 519, 522

HB 114--Day-care Centers; religious nonprofit schools; regulate; fire

safety .............................. 941, 943, 1545, 1555, 2026, 2124, 2179

HB 118--Appropriations and Fiscal Affairs; Supplemental FY 1988-89; certain

agencies ........... 391, 393, 695, 743, 791, 796, 839, 855, 857, 863, 978, 1049

HB 119--Teachers Retirement; Membership Service; calculation

of pension .................................... 217, 222, 627, 664, 748, 763

HB 120--Public School Employees Retirement; 1988 Act

repealed............................... 217, 222, 627, 664, 889, 1063, 1083

HB 121--Teachers Retirement; Creditable Service; pregnancy leave; 1988 Act

repealed...................................... 217, 222, 627, 665, 748, 771

HB 123--Property; Sold for Taxes; foreclosure; notices; right to redeem; tax

deed titles, ripening by prescription 778, 781, 1366, 1407, 1717, 1755, 2006

HB 124--Property; Deeds or Bills of Sale to Secure Debt; recording; defenses to

foreclosure ............................. 1162, 1165, 1366, 1407, 1718, 1762

HB 125--Peace Officers Standards and Training Council; executive director;

investigators; subpoenas ....................... 390, 393, 579, 630, 748, 759

HB 128--Education; School-crossing Guards;

powers ................................. 1291, 1296, 1547, 1552, 1718, 1786

HB 129--Parks, Historic Sites; user fees reduced for

disabled veterans .............. 232, 235, 1114, 1172, 1418, 1843, 1932, 2178

HB 130--Uniform Commercial Driver's License Act;

qualifications, standards .......... 367, 371, 553, 581, 635, 672, 701, 729, 872

HB 131--License Plates; rebuilt vehicles; elected officials; disabled persons;

county name decals ......... 201, 207, 276, 305, 339, 361, 378, 379, 574, 591

HB 134--Fishing; Lakes Sinclair and Oconee; commercial baskets

per person; hunting, extend season certain game

419, 422, 553,

581, 889, 957, 1063, 1078

HB 138--Oglethorpe County; Board of Commissioners; chairman;

salary ................................................ 142, 149, 276, 279

HB 139--Child Support; Enforcement; extensive revision; implement federal

Family Support Act ........................... 778, 781, 1547, 1555, 1718,

1808, 1931, 1957, 2001, 2044, 2347, 2372

HB 140--Hospital Authorities; open records; exemption; commercial

plans ................................. 621, 622, 741, 786, 889, 1063, 1097

HB 142--Firemen's Pension Fund; Public Retirement Systems Standards Law;

exemption ............................... 295, 300, 426, 471, 520, 559, 570

HB 143--Firemen's Pension Fund; Disability Benefits; increase amount; limit

actions for overpayment .................. 296, 300, 426, 472, 520, 559, 571

HB 145--Appropriations and Fiscal Affairs; General; FY 1989-1990 ........ 1217, 1299,

1368, 1417, 1421, 1517, 1519, 1524, 2250, 2371

HB 146--Driver's License; Points Assessment; reckless driving, speeding

violations; revise .............................. 269, 274, 579, 630, 748, 760

HB 151--Commerce and Trade; Seed Capital Fund; creation; investment capital for

innovative firms.......................... 365, 379, 396, 430, 480, 519, 522

HB 154--Building Construction; state minimum standard codes;

licensing of trades............................. 233, 235, 1113, 1173, 1418,

1591, 1651, 1667, 1717, 1747, 2004

HB 155--Underground Storage Tank Act; Jet Turbine Fuel; environmental assurance

fees; corrective action .............. 390, 393, 553, 582, 889, 957, 1063, 1073

2404

JOURNAL OF THE SENATE

HB 157--Probate Courts; jurisdiction; decedents in nursing homes at

death ........................... 217, 223, 426, 472, 520, 559, 587, 588, 736

HB 159--University System; Employees; wages; deductions for charitable

contributions ............................ 269, 274, 373, 400, 433, 480, 483

HB 160--Georgia Student Finance Authority;

Student Incentive Grants; maximum award

269, 274,

373, 400, 433, 480, 484

HB 161--University System; Georgia Student Finance Commission; commissioners;

compensation ........................ 418, 422, 552, 582, 635, 672, 701, 723

HB 163--Development Authorities; Metropolitan APDC's; operating expenses;

contributing dues ............................. 388, 393, 516, 556, 587, 613

HB 166--Schools; Disrupting Classes; electronic communication devices

prohibited

1102, 1109, 1365, 1407, 1591, 1689, 1690, 1717, 1749, 2005

HB 169--Alcoholic Beverages; Retail Dealer Licenses; notices of

intent; publication requirements

508, 511, 877, 949, 1063, 1091, 1364

HB 174--Acworth, City of; Reincorporate; provide new chapter

216, 223, 303, 307

HB 175--Insurance; Agents, Brokers; licensing; grounds for revocation;

records; commission payments

366, 371, 878, 950, 1180, 1208

HB 176--Group Insurance Employee Benefit Plans; certain group

requirements ............................... 296, 301, 552, 582, 1122, 1154

HB 178--Insurance Commissioner; duties; annual report to General Assembly;

contents............ 328, 332, 1701, 1702, 1844, 1971, 2154, 2167, 2200, 2296

HB 181--Insurance Brokers; placement of insurance with certain insurers;

conditions .................................. 296, 301, 552, 582, 1063, 1078

HB 182--Insurance Loss Reserve Specialists;

definition; duties .................... 734, 737, 1366, 1407, 1590, 1647, 2005

HB 183--Fair Business Practices; Insurers; deceptive practices in direct

response advertising ........................... 389, 393, 552, 582, 748, 766

HB 185--Driver's License; Suspension; refusal to submit test; periods of

suspension .......... 418, 422, 948, 1058, 1240, 1260, 1261, 1288, 1843, 1972

HB 187--Bail; Appearance Bonds; forfeiture proceedings; notice

to court clerks ................. 681, 682, 1226, 1301, 1376, 1590, 1597, 1830

HB 191--Superior Court Judges' Secretaries; reemployed;

pay step level................................. 327, 332, 516, 556, 587, 614

HB 192--State Court Judges; qualifications; residency requirements; qualifying candidates ................................ 390, 393, 1299, 1368

HB 193--Fair Business Practices; Going Out of Business Sales; prohibitions;

90-day time limit ................... 940, 943, 1546, 1552, 2025, 2038, 2178

HB 194--Counties; Business License Taxes; exempt marriage and family

therapists ................................ 939, 943, 1113, 1173, 1718, 1769

HB 195--Consumer Protection; Food; misleading advertisements.......................... 1102, 1109, 1300, 1369, 1590, 1625

HB 199--Chatham County; State Court; costs and fees;

change provisions ..................................... 216, 223, 303, 307

HB 201--Commerce and Trade; Vehicle Repair or Replacement of Parts; unfair

trade practices; insurance regulations 620, 622, 948, 1058, 1122, 1147, 1292

HB 202--Food Fish; trout; catfish dealers; Department of

Agriculture regulate ......................... 390, 394, 877, 950, 1063, 1085

HB 203--Insurance; Accident and Sickness; cancellation, nonrenewal; prior

notice .............................. 941, 944, 1169, 1231, 1376, 1718, 1773

HB 204--Pesticides and Pest Control; Applications;

customer warning; signs ........................................ 735, 737

HB 205--Insurers; domestic; examination requirements;

change date ......................... 327, 332, 552, 582, 635, 672, 701, 728

HB 206--Long-term Care Insurance; attachment of rider

to life insurance ............................ 329, 332, 552, 582, 1122, 1152

INDEX

2405

HB 207--Insurance; Accident and Sickness; group; policyholder grace period for

payment ................................. 508, 511, 1366, 1407, 1843, 1925

HB 208--Motor Vehicle Windows, Windshields; light

transmission; manufacturers; labels ............. 295, 301, 579, 630, 748, 773

HB 209--Controlled Substances; Authority to Order or Dispense; nurses,

physicians assistants; criteria

460, 464, 948, 1058, 1376, 1388,

1880, 1925, 1992, 2054, 2319, 2371

HB 210--Property; Deeds Conveying Title; registered land; unrecorded transfers;

validity ................................... 232, 235, 948, 1058, 2026, 2131

HB 214--Appropriations and Fiscal Affairs; Supplemental;

Department of Labor .................... 1102, 1109, 1299, 1369, 1418, 1525

HB 215--State Government; Growth Strategies; regional planning

and development; statewide framework

619, 623, 1168,

1231, 1376, 1418, 1474, 1694, 1721, 1820, 1822, 2204, 2370

HB 216--Insurance; liability or casualty; disclosure to claimant or

attorney.............................. 327, 332, 741, 786, 1418, 1590, 1619

HB 217--Local Government; Fire Departments; emergency powers;

bomb threats ................................. 329, 333, 579, 630, 748, 768

HB 218--Crimes and Offenses; Child Victims or Witness to a Crime; compentency to

testify ................................. 1047, 1051, 1833, 1835, 2026, 2140

HB 219--Carroll County; Board of Commissioners; terms of office; election

districts ................................ 366, 371, 741, 746, 747, 748, 1049

HB 220--Local Government; Sales Tax; joint county, municipal; special

districts; proceeds; distribution ............... 620, 623, 783, 881, 1122, 1151

HB 221--Education; State Board; members; public hearing requirements; notices;

per diem ................................... 543, 548, 740, 786, 1122, 1153

HB 223--World Congress Center Authority; contractural powers; multipurpose

domed stadium; financing, revenue bonds

1103, 1109, 1365, 1407,

1718, 1773, 1776, 1827, 2025, 2030

HB 225--Ad Valorem Tax; Historic Properties; preferential assessment; procedure

to qualify ................................ 461, 464, 557, 1056, 1117, 1180,

1197, 1294, 1349, 1397, 1516, 1975, 2008

HB 226--Historic Preservation; Georgia Registry of Historic Places;

establish; powers; duties ................... 507, 512, 1056, 1118, 1180, 1202

HB 229--Courts; Evidence; prosecution for rape; complaining witness, sexual

behavior ............................. 543, 548, 784, 881, 1122, 1142, 1293

HB 234--Elections; Candidates; federal, state, county, municipal offices;

challenges to qualifications; time period

460, 465, 552,

583, 635, 672, 701, 723

HB 236--Smyrna, City of; Homestead Exemption; residents

65 years or older ...................................... 216, 223, 303, 307

HB 237--Smyrna, City of; Homestead Exemption; certain

disabled residents ..................................... 216, 223, 303, 307

HB 238--Peace Officers Standards and Training; Retired U.S. Law Enforcement

Officer; classification as peace officer

460, 465, 579, 630,

748, 791, 889, 957, 1038

HB 239--Elections; Candidates for Party Nomination; name list; errors;

certification .............................. 941, 944, 1168, 1231, 2025, 2040

HB 240--Revenue and Taxation; Income Taxes; job tax credits; certain counties,

less developed areas ......................... 543, 549, 783, 881, 1063, 1074

HB 245--Corporations; shares; rights, purchase options;

corporate takeovers ............................... 257, 336, 375, 403, 415

HB 247--Revenue and Taxation; County Tax Digests; redefine 'taxable value':

Redevelopment Powers Law ............... 941, 944, 1113, 1173, 1376, 1384

HB 248--Authorities; Local Independent Authority Indebtedness Reports;

filing................................... 1102, 1109, 1365, 1408, 1590, 1631

2406

JOURNAL OF THE SENATE

HB 251--Courts; Prosecuting Attorneys; time served; redefine district

attorneys .................................................... 1355, 1358

HB 252--Contracts; Trade Secrets; definition;

contractual rights ................. 1219, 1222, 1366, 1408, 1590, 1639, 2004

HB 254--Blind Persons; voting assistance; procedures;

oath requirement ........................ 459, 465, 552, 583, 635, 672, 685

HB 257--Property; Guardians of Incapacitated Adults; certificates; filing of deed

records................................ ... 506, 512, 948, 1059, 1180, 1193

HB 258--Estates; Administrators or Executors; aliens; qualifications;

residency; bonds ..................... 507, 512, 948, 1059, 1376, 1418, 1519

HB 259--Estates; Trustees; resignation proceedings; probate

court jurisdiction........................... 507, 512, 948, 1059, 1122, 1146

HB 261--Handicapped Parking; spaces designated for

nonambulatory persons .................... 418, 422, 1404, 1549, 2026, 2086

HB 263--Marinas; Natural Resources Department powers as to

projects ............................ 621, 623, 1114, 1173, 1376, 1417, 1420

HB 264--Natural Resources; Alligators, Bears; wildlife custody permits required

to feed ........... . . . 296, 301, 553, 583, 635, 654, 1294, 2201, 2295

HB 265--Aviation; Operating Aircraft Under Influence of Alcohol or Drugs;

penalties ............................. 390, 394, 784, 881, 1063, 1086, 1293

HB 269--Contracts; Public Works; contractors; letters of credit in lieu of

bonds ................................ 507, 512, 784, 882, 1122, 1148, 1180,

1213, 1294, 1349, 1396, 1472, 2157, 2181

HB 270--Martin, Town of; municipal officers, taking of office;

mayor................................................ 268, 275, 398, 401

HB 271--Churches; Building Occupant Load;

fire safety ........................... 329, 333, 426, 472, 520, 559, 587, 589

HB 272--Natural Resources; Marinas, Boat Docks on state owned marshlands;

approval of leases; regulate construction ....... ......... 1290, 1296, 1833,

1834, 2025, 2035, 2180

HB 274--Workers' Compensation; administrative law judges' salaries; qualifications of

Rehabilitation Suppliers . . . . 574, 576, 1366, 1408, 2025, 2047, 2331, 2360

HB 280--Motorcycle Operators; wearing headsets or headphones for

communication purposes ....................... 418, 423, 579, 630, 748, 774

HB 281--Putnam County; Coroner; compensation ................. 232, 235, 303, 307

HB 283--Bleckley County; tax commissioner; compensation

232, 235, 303, 307

HB 285--Fish Hatcheries commercial sale of channel catfish;

regulate ............................. 390, 394, 626, 665, 748, 773, 855, 929

HB 286--Elections; Insurance Commissioner; campaign contributions; insurers

prohibited ...............................

... .......... 295, 301

HB 288--County Surveyors; abolish elected office;

provide appointment .......................... 366, 371, 516, 556, 587, 615

HB 290--Gwinnett County; County Surveyor; abolish elections; provide for

appointment........................................ 458, 468, 1548, 1560

HB 291--Merit System Employees; working test period; management review

procedures ................................... 544, 549, 626, 665, 748, 758

HB 292--State Employees; Fair Employment Practices Office; reports to

complainants, respondents ..................... 328, 333, 579, 630, 748, 761

HB 294--Comer, City of; elections; mayor, councilpersons; terms;

vacancies ............................................. 294, 301, 374, 376

HB 295--Lowndes County; Board of Education; members; election districts;

vacancies ............................................. 294, 302, 374, 377

HB 297--License Plates; Staggered Tag Sales; Lowndes County .... 268, 275, 374, 377

HB 301--License Plates; Special; certified firefighters; colleges;

conditions for issuing ............. 329, 333, 553, 583, 635, 672, 687, 779, 794

HB 303--Fulton County; State Court; Atlanta Municipal Court Division; fees;

costs ................................................. 542, 550, 784, 788

INDEX

2407

HB 304--McDuffie County; Board of Commissioners; compensation; expense

allowance ........................ ................. 268, 275, 374, 377

HB 305--McDuffie County; Coroner; annual salary .......

... 268, 275, 374, 377

HB 306--Eastern Judicial Circuit; superior court; fifth judge;

Chatham County. ....................... 1353, 1358, 1405, 1549, 1717, 1761

HB 307--Habersham County; State Court; provide secretary

for judge ............................................. 268, 275, 398, 402

HB 309--Bonds; Public Works Contracts Not Exceeding $40,000;

bond requirements .......................... 419, 423, 696, 743, 1063, 1072

HB 314--Motor Vehicles; Vehicle Service Agreements, Extended

Warranties; insurance rules .............. 1103, 1110, 1701, 1702, 2026, 2114

HB 315--Credit Union Deposit Insurance Corporation; bylaws; voting procedure;

membership fees; refunds; liquidation ........... 459, 465, 551, 583, 748, 762

HB 316--Banking and Finance; Financial Institutions;

amend various Code sections .......... 459, 465, 552, 583, 635, 672, 701, 726

HB 319--Workers' Compensation; Construction Design Professionals, architects,

geologists; third-party tort-feasors; immunity ................... 1102, 1110

HB 321--Schools; Children of Teachers; may attend school where parent

teaches................................... 941, 944, 1365, 1408, 1590, 1596

HB 322--Criminal Procedure; Nolle Prosequi; notice to defendant, defendant's

attorney...................................... 328, 333, 579, 631, 748, 770

HB 324--Radar Speed Detection Devices; college campuses;

permits for use ......................... 1290, 1296, 1546, 1552, 1718, 1805

HB 326--Catoosa County; Probate Court and Superior Court Clerk; clerical help

allowance ............................................ 268, 275, 374, 377

HB 327--Catoosa County; Tax Commissioner Office;

clerical help pay ........................ 269, 275, 374, 377

HB 329--Public Safety Department; Uniform Division; emergency road closings;

interstate highways............................................. 329, 333

HB 331--Human Resources; Mentally Retarded Persons; court ordered residential

care; criteria for admission ..................... 460, 465, 1300, 1369, 1590,

1611, 1617, 1695, 1718, 1823

HB 332--Civil Actions; Abusive Litigation; frivolous, groundless,

vexatious claims prohibited ........................ .......... 1219, 1222

HB 333--Professions and Businesses; Dissolved Partnerships; rights of partners;

obligations; agreements ................ 388, 394, 578, 631, 1122, 1150, 1292

HB 334--Secretary of State; Limited Partnerships; fees; filing documents,

certificates; registration . . . 389, 394, 578, 631, 748, 791, 889, 1122, 1134, 1292

HB 335--Business Corporation Code;

extensive revision; chapters .................. 389, 395, 578, 631, 1063, 1099

HB 336--Secretary of State; Corporations, Associations; documents,

registration, reports; filing ...... 389, 395, 578, 631, 889, 957, 1122, 1149

HB 337--School Bus Drivers; employment change; transfer of unused sick

leave..................................... 735, 737, 1113, 1173, 1240, 1259

HB 339--Marriage Ceremonies; retired probate court judges' authority

to perform .................. ................ 389, 395, 579, 631, 701, 731

HB 340--Professions and Businesses; Real Estate Brokers; licenses; out-of-state

brokers; recovery fund ............... 734, 737, 1546, 1552, 1718, 1778, 2005

HB 341--Health Spas; Membership Contracts; requirements; cancellation rights;

violations, .......................... 940, 944, 1546, 1553, 1843, 1918, 2179

HB 342--Jones County; board of education; chairman, members;

compensation ..................................... 294, 302, 1057, 1061

HB 344--Commissions, Boards; State Construction Industry Licensing Board;

extend to 1995; license examination provisions

619, 623,

878, 950, 1063, 1081

HB 345--Natural Resources; Water Quality; pollutant spills by Public

Treatment Works ................... 658, 660, 1114, 1173, 1418, 1531, 1699

2408

JOURNAL OF THE SENATE

HB 346--Voter Registration; Chief Deputy Registrars; county employees; exempt

restrictions .......................... 460, 466, 552, 583, 635, 672, 701, 724

HB 347--Emanuel County; development authority;

property tax exemption................................ 294, 302, 426, 431

HB 350--State Government; Public Authorities; authority to change name,

style of operation; board powers ................ 417, 423, 552, 583, 635, 651

HB 351--Elections; Petitions; qualifying, nomination of candidates; card form;

contents................................ 543, 549, 695, 744, 889, 957, 1029

HB 354--Courts; Civil Actions; pleadings; written requests for admission;

answers ....................................................... 390, 395

HB 356--Superior Courts; Evidence seized from Law Offices; special masters;

disclosure hearings ........................ 940, 944, 1367, 1408, 1590, 1624

HB 357--Estates; Executors; petition for discharge; waiver of bond; grant of

powers ...................................................... 1291, 1296

HB 358--Insurance Commissioner; duties; rule-making; hearings; Administrative

Procedure Act .............................. 507, 512, 878, 950, 1180, 1212

HB 362--Mountville Water Authority; assets, obligations; transfer to City of

LaGrange ............................................ 294, 302, 469, 477

HB 364--Health; Hearing Testing in the Workplace; technicians authority to

perform

... 735, 737, 1113, 1173, 1418, 1471, 2180

HB 367--Workers' Compensation; Group Self-insurance Funds; security deposits;

surplus; reserves ............................ 657, 660, 878, 950, 1063, 1082

HB 368--Employment Security Law; Unemployment Compensation; definition of

wages; exclusion; layoffs ..................... 658, 661, 878, 950, 1122, 1138

HB 370--Education; Teachers; sick leave banks or pools;

local boards establish......... 1353, 1358, 1374, 1405, 1549, 1717, 1758, 1823

HB 371--Tift County; Board of Commissioners; change date for

holding sessions....................................... 294, 302, 426, 431

HB 373--Tifton, City of; City Commission; chairman, vice-chairman; terms of

office ................................................ 295, 302, 426, 431

HB 375--Teachers; Certification; performance assessment requirements;

exemptions ......................... 941, 945, 1226, 1301, 1376, 1378, 1533,

1606, 1646, 1668, 2115, 2181

HB 376--Port Wentworth, City of; Corporate Limits; change

295, 302, 741, 746

HB 377--Municipalities; Street Improvement Bonds; assessments; increase

interest rate .................................. 418, 423, 627, 665, 748, 766

HB 378--Newnan, City of; Mayor and Council Members; elections;

terms of office ........................................ 295, 302, 398, 402

HB 380--Crime Information Center; criminal history records; dissemination;

evidence; parties to lawsuits

735, 737, 1366, 1408, 2025, 2041,

2154, 2159, 2174, 2197, 2364, 2372

HB 381--Appropriations; Supplemental; FY 1988-1989; State

Employees Health Insurance Fund 328, 333, 425, 472, 520, 559, 587, 590

HB 390--Human Resources; Child Protective Intervention Services; duties;

powers; reports ................... 1353, 1358, 1545, 1555, 1843, 1900, 1964,

1974, 2001, 2034, 2342, 2368

HB 399--Motor Vehicle Traffic Citations; improper ID for sales of

alcoholic beverages .................. 778, 781, 1168, 1233, 1376, 1418, 1522

HB 400--Voter Registration; Registrars; list of electors; address, voting

precinct corrections ..................... 1103, 1110, 1300, 1369, 2026, 2098

HB 401--Elections; Candidates; county, municipal civil offices; residency

requirements ................................. 460, 466, 552, 584, 635, 653

HB 402--Driver's License; Issuance Restrictions; persons holding instruction

permits ...................................................... 940, 945

HB 403--Elections; Polling Places; restrict campaign activity, opinion polls; handi

capped voters, privileges ............. 620, 623, 1168, 1231, 1844, 1944, 2179

INDEX

2409

HB 404--Elections; Voter Registration; applications; identification cards ......................................................... 658, 661
HB 405--Elections; Vote Disclosure; prohibit disclosing how an elector voted ................. 460, 466, 552, 584, 635, 672, 701, 725
HB 407--Elections; Candidates for county offices; qualifications; affidavits, certification; filing.................. 543, 549, 695, 744, 889, 957, 1032, 1293
HB 408--Elections; Write-in Candidates; notice of intent; filing and publishing .............................. 543, 549, 696, 744, 889, 957, 1036
HB 409--Funeral Processions; police escort services; fees; right of way .......... 1290, 1296, 1547, 1553, 1718, 1818
HB 410--Cook County; motor vehicle registration; staggered tag sales .................................... 295, 302, 374, 377
HB 411--Alpharetta, City of; Municipal Court; fines; change maximum imposed ............................. 542, 550, 662, 670
HB 412--Tallapoosa Judicial Circuit; change court terms ................. 418, 423, 696, 744, 889, 957, 1063, 1096
HB 413--Polk County; Tax Commissioners; compensation, cost-of-living; terms served ............................................... 295, 303, 398, 402
HB 414--Georgia Relocation Assistance and Land Acquisition Policy Act; enact ................................... 389, 395, 516, 556, 587, 616, 691
HB 415--Education; Local School Systems; isolated schools; sparsity grants; repealer .......................... 1290, 1297, 1833, 1834, 2025, 2046, 2180
HB 420--Aquatic Animals, Plant Farming; Aquaculture Development Act ............................. 366, 371, 626, 665, 748, 767
HB 421--School Property Tax Digest; state auditor duties; calculation; ratios ........................... 620, 623, 783, 882, 1122, 1135
HB 422--Oakwood, City of; Municipal Election; mayor, council; terms; organizational meeting.................... 327, 334, 469, 477, 478, 479, 575
HB 427--State Board of Technical and Adult Education; contracts; approval; exemption ................................ 734, 738, 1113, 1173, 1591, 1676
HB 428--State Board of Technical and Adult Education; staggered terms ..................... 870, 875, 1113, 1174, 2026, 2113, 2179
HB 430--Criminal Justice Coordinating Council; additional member ................................ 508, 513, 696, 744, 889, 957, 1037
HB 431--Trucks; Tractor-Semitrailers; length limitations; equipment; extended loads ...................................... 657, 661, 784, 882, 1122, 1155
HB 432--Local Governing Authorities; rewards in felony cases ............................ 1220, 1223, 1405, 1549, 1843, 1917
HB 434--Murray County; Board of Education; continue ........... 327, 334, 426, 432 HB 437--Driver Improvement Clinics, Schools; Defensive Driving Courses;
regulation; vehicle insurance discounts ........................... 939, 945 HB 440--Counties; Boards of Education; group health insurance for members;
conditions .......................... 692, 693, 1113, 1174, 1376, 1590, 1640 HB 443--Motor Vehicles and Traffic; Traffic Offenses; misdemeanors; municipal
court jurisdiction. ................... 544, 549, 1367, 1408, 1843, 1859, 2005 HB 445--Murray County; Chief Magistrate and Magistrates;
change compensation .................................. 327, 334, 426, 432 HB 446--Lawrenceville, City of; Corporate Limits;
change ................................... 327, 334, 1226, 1237, 1238, 1363 HB 449--Education; QBE; midterm adjustments; middle school grants;
requirements ........................... 1103, 1110, 1365, 1409, 1718, 1772 HB 451--Accountants, Certified Public; Certification; examinations; continuing
education; foreign certificates ........ 574, 576, 1056, 1118, 1180, 1195, 1292 HB 454--Toccoa, City of; City Commissioners; elections ........... 417, 424, 579, 585 HB 461--Meriwether County; Board of Commissioners; compensation; change
maximum ............................................ 388, 395, 469, 477

2410

JOURNAL OF THE SENATE

HB HB HB
HB HB HB HB - HB
HB HB HB HB HB HB HB
HB HB HB HB HB HB HB HB HB HB HB HB

463--Courts; Probate; marriage licenses; immediate issuance;

sanctions ............................. 459, 466, 878, 950, 1122, 1136, 1293

464--Trucks; farm produce, livestock transporters;

67 '/a feet length ....................... 461, 466, 696, 744, 889, 1063, 1085

466--Criminal Procedure; Voluntary Surrender Program; sentencing;

eligibility; bonds, recognizances

418, 423, 1169, 1232, 1376, 1590,

1648, 1650, 1696, 2026, 2099, 2180

469--Family Violence Centers; county or municipal

grants................ 574, 576, 741, 786, 1240, 1265, 1843, 1974, 2002, 2044

470--Board of Examiners of Licensed Dieticians;

extend to 1995

460, 466, 1169, 1232, 1376, 1591, 1667

472--Insurance; Corporations; insurable interest in the lives of certain

persons .............................. 658, 661, 878, 951, 1376, 1418, 1469

473--Trucks; Lengths and Loads; auto carriers, live poultry transporters;

65 feet length...................... 462, 466, 696, 744, 889, 956, 1026, 1105

474--Revenue and Taxation; Sales Tax; increase to 4% on retail sales;

exemptions; use of proceeds ............... 545, 550, 695, 744, 791, 842, 856,

858, 863, 865, 866, 1993, 2008

475--Retirement and Pensions; Joint Municipal Employees Benefit System;

membership; credit unions

939, 945, 1057, 1118, 1418, 1517

476--Boats; Abandoned Vessels; disposition; procedures; foreclosure;

purchasers................................ 681, 682, 1367, 1409, 1590, 1638

481--Property Tax Assessment; service of notice

by mail ......... 620, 624, 783, 882, 1063, 1079, 1080, 1100, 1240, 1267, 1364

483--Income Tax; Incorporate Federal Law to

Georgia Revenue Code....................... 620, 624, 783, 882, 1063, 1093

484--Farmers' Mutual Fire Insurance Companies; deposits; risks

retained .................................. 619, 624, 1169, 1232, 1843, 1863

485--Income Tax; Estimated Taxes; time for installment

payments................................... 620, 624, 783, 882, 1063, 1075

486--Income Tax; Net Income of Individuals; mortgage interest; dependent's

unearned income; Subchapter "S" corporation income

871, 875,

1113, 1174, 1376, 1382, 2179

487--Revenue and Taxation; Disposition of Unclaimed Property; time period;

insubstantial value; fees .............. 690, 693, 947, 1059, 1122, 1139, 1396

488--Telecommunications; Videotapes, Motion Picture Film Rentals;

sales tax ................................. 734, 738, 947, 1059, 1122, 1143

489--Corporate Net Worth Tax; date of returns and

payments ................................. 691, 694, 947, 1059, 1122, 1145

492--Towing and Storage Firms; licensing; permits; procedures;

penalties

418, 423, 784, 882, 957, 1030, 1106

494--Hunting; license revocation; negligent use of firearms,

archery tackle .......................... 1220, 1223, 1547, 1555, 1843, 1865

495--Crimes and Offenses; Bail Jumping; failure to appear in court; bench

warrants ................................. 419, 424, 1299, 1369, 2026, 2129

497--MARTA; Property, Facilities Adjacent Stations; authority of city to

lease ........................................................ 1354, 1358

498--Shellman, City of; Mayor, Councilmen; elections; qualifications; oaths;

meetings; mayor pro tempore .......................... 388, 396, 517, 518

499--Corrections; Jail, Prison Overcrowding; emergency facilities; rapid

construction .................. 459, 467, 695, 745, 889, 957, 1027, 1029, 1105

501--Motor Vehicle Insurance; applicability to persons not domiciled

Georgia .......................... 1103, 1110, 1547, 1555, 1718, 1802, 2006

503--Podiatrists; License to Practice; continuing education; reciprocity;

complaints ....................... 1103, 1110, 1300, 1369, 2026, 2116, 2180

510--Insurers; security deposits; acceptable forms;

definition .............................. 1220, 1223, 1701, 1702, 2025, 2036

INDEX

2411

HB 511--Insurance; Cancellation of Policies by the Insured; procedures;

effective date .................................. ............. 1048, 1051

HB 512--Brooks County; Board of Commissioners; chairman and members;

compensation ......................................... 417, 424, 553, 557

HB 513--Insurance; investment; variable annuity contract;

profit-sharing plan .................... 619, 624, 878, 951, 1376, 1418, 1528

HB 514--Insurers' Insolvency Pool; claims; exclusions; recovery;

advertising .................................................... 735, 738

HB 515--Atlanta, City of; Urban Enterprise Zones; tax exemption; housing units;

certain areas................................................. 1339, 1340

HB 519--Real Estate Transactions; history of past occupants;

disclosure .............................. .611, 1114, 1174, 1240, 1261, 1364

HB 520--Crimes and Offenses; Drug Trafficking; distributing to minors; criminal

penalties ......................................................... 1211

HB 523--Kingsland, City of; Corporate Limits; change ............ 417, 424, 579, 585

HB 524--Courts; Grand and Trial Jurors; selection;

compilation procedures

461, 467, 518, 784, 883, 1063, 1071

HB 525--Civil Actions; Frivolous Actions and Defenses;

costs, attorneys' fees .................... . . 507, 513, 948, 1059, 1180, 1210

HB 526--Dougherty County-Albany Joint Board of

Elections; membership; terms; powers

388, 396, 469, 477

HB 528--Bulloch County; Coroner; expenses, change amount

417, 424, 579, 585

HB 529--State Seal or Emblem; use or display in campaign

advertisements.......................... 1356, 1358, 1404, 1549, 2026, 2142

HB 530--Shiloh, City of; Homestead Exemption; ad valorem taxes;

referendum ........................................... 417, 424, 741, 746

HB 531--Gopher Tortoise; designate as official state

reptile ................................... 545, 550, 1114, 1174, 1418, 1526

HB 535--Fire Sprinkler Companies; certificate of competency;

insurance requirement ..................... 870, 875, 1114, 1174, 1240, 1269

HB 536--Augusta Ports Authority; harbor development projects,

Savannah River ....................................... 417, 424, 579, 585

HB 538--Trucks; Farm Trailers, Semitrailers; slow-moving vehicles; visibility;

escorts .................................. 461, 467, 553, 584, 635, 652, 736

HB 545--Liens; Property; commencement of actions; filing of notices;

requirements ............................. 461, 467, 1299, 1369, 1418, 1523

HB 546--Torts; Causes of Action for Acts of Intoxicated Persons;

cross-reference in Code

461, 467, 696, 745, 889, 1063, 1094

HB 549--DeKalb County; State Court; additional assistant solicitor; change

certain fees.. ........................................ 458, 468, 741, 746

HB 550--Cherokee County; Sheriff, Superior Court Clerk, Tax Commissioner,

Probate Court Judge; salary supplement ................ 458, 468, 662, 670

HB 551--Lamar County; Water and Sewer Authority; create

458, 468, 553, 558

HB 552--Pesticides; aerial contractors; licensing; repeal certain

requirement ......................................... ....... 1354, 1358

HB 554--Tift County; State Court; sheriff and clerk;

minimum salary ...................................... 458, 468, 627, 633

HB 556--Child Support; Duty of Father in Cases of

Legitimation of a Child

870, 875, 1299, 1369, 2026, 2082

HB 558--Gainesville, City of; city commissioners; election;

term of office ......................................... 458, 468, 579, 585

HB 559--Chattahoochee Judicial Circuit; superior court;

fifth judgeship

1354, 1359, 1405, 1550, 1844, 1965

HB 561--Gwinnett County; Medical Examiner; qualifications to

hold office .......................................... 458, 468, 1368, 1372

HB 562--Lilburn, City of; Mayor and Council Members; 4-year terms; residency

requirements ....................................... 733, 738, 1368, 1372

2412

JOURNAL OF THE SENATE

HB 565--Commerce and Trade; Vehicle Leasing, Rental Companies;

regulate ....................................................... 574, 577

HB 566--Domestic Insurers; transfer of domicile to

another state ........................... 1103, 1110, 1366, 1409, 1844, 1960

HB 567--Physicians for Underserved Rural Areas Assistance Act;

enact; loan provisions

691, 694, 888, 1056, 1118, 1180, 1203, 2295, 2357

HB 568--Federal Job Training and Partnership Act; Governor's

Employment and Training Council created pursuant to ............ 870, 875,

1546, 1553, 1843, 1878

HB 569--Unemployment Compensation; educators between

academic terms ......................... 1219, 1223, 1546, 1553, 1843, 1878

HB 571--Gillsville, City of; municipal elections; terms; organizational

meeting .............................................. 506, 513, 579, 586

HB 573--Atlanta, City of; Urban Enterprise Zones; effective date; corresponding

tax exemption ...................................... 869, 876, 1115, 1120

HB 574--Water, Wastewater Treatment Plant Operators, Lab

Analysts; certification ..................... 574, 577, 1114, 1174, 1418, 1521

HB 575--Atlanta, City of; Urban Enterprise Zones; criteria for zones;

residential purposes ............................... 1044, 1054, 1405, 1412

HB 576--Corrections; Probation violations; Regional jails;

jurisdiction ....................... 1219, 1223, 1546, 1553, 1718, 1799, 2005

HB 578--Heard County; Commissioners; compensation ............ 506, 513, 741, 747

HB 579--Whitfield County; Board of Education; members; elections;

terms ................................................ 506, 513, 697, 698

HB 581--Unemployment Compensation; redefine base wages; computation

date .................................... 775, 1113, 1175, 1376, 1418, 1467

HB 582--License Plates; Processors of Vehicle Registration Applications;

performance bonds ...................... 1355, 1359, 1701, 1702, 1844, 1958

HB 583--Catoosa County; Catoosa Utility District; new name for water and sewer

district............................................... 506, 514, 697, 698

HB 587--State Law Library; duties; transfer General Assembly

publications .............................. 870, 876, 1113, 1175, 1591, 1674

HB 590--Driver's License; Accepted as Bail in Misdemeanor

Cases; procedure .................. 1290, 1297, 1547, 1555, 1844, 1934, 2006

HB 592--Vehicles Used In Transporting Children; redefine 'school

bus' ............................. 1164, 1165, 1365, 1409, 1590, 1607, 2006

HB 599--Grand Juries; Notice of Upcoming Appointment; duty of county boards,

authorities ....................... 1163, 1165, 1405, 1550, 2026, 2152, 2370

HB 600--Contractors; Lawn Sprinkler System installers;

conditioned air subcontracts ............. 1291, 1297, 1546, 1553, 1843, 1913

HB 601--Driver's License; Handicapped Identification Cards; issuance; surrender of

revoked license

871, 876, 1115, 1175, 1591, 1668, 1671, 1717, 1748, 2004

HB 602--Bremen, City of; municipal elections; mayor; term;

candidates .......................................... 506, 514, 627, 633

HB 606--Public Schoolteachers' Health Insurance Plan; eligibility;

coverage; records.......................... 940, 945, 1169, 1232, 1418, 1528

HB 607--County Boards of Health; members' attendance at meetings;

compensation ........................... 1220, 1223, 1404, 1550, 1844, 1960

HB 608--Schools; Employees' Health Insurance; persons eligible; subordinate

coverage ........................... 940, 945, 1169, 1232, 1418, 1844, 1937

HB 609--Jefferson County; Tax Commissioner; compensation

542, 551, 697, 699

HB 610--Jefferson County; Chief Magistrate and Other Magistrates; selection

method .............................................. 542, 551, 697, 699

HB 611--State Employees; Individual Payroll Account Records;

confidentiality .......................... 1047, 1051, 1366, 1409, 2026, 2144

HB 612--St. Marys River; reciprocal pilotage

agreement with Florida .................... 871, 876, 1170, 1232, 2026, 2137

INDEX

2413

HB 613--State Employees' Health Insurance; redefine 'full time'; retirees;

coverage; records .......................... 940, 945, 1169, 1232, 1844, 1950

HB 615--Cordele, City of; city commission; election; terms;

municipal court ....................................... 542, 551, 662, 670

HB 616--Corrections; Absconded Probationers; running of probated sentence

suspended; date......................... 1084, 1546, 1553, 1844, 1935, 2179

HB 617--Counties; Unincorporated Areas; services, funding; insurance tax fees

proceeds ............................... 1162, 1166, 1365, 1409, 1591, 1673

HB 620--Local Government; Fire Departments; minimum requirements for

organization ...................................... 1047, 1051, 1546, 1554

HB 621--Lowndes County; Board of Commissioners; members;

compensation ......................................... 542, 551, 627, 633

HB 622--Teachers Retirement; Fulton County Employees Transferred to TRS;

contributions; refunds ..................... 778, 781, 1057, 1118, 1180, 1208

HB 626--Athletics; Athletic Trainers; licensing; qualifications; reciprocity;

board continued ........................ 1048, 1051, 1404, 1550, 1843, 1864

HB 628--Education; Teachers' Salary; counselors in elementary school;

Children and Youth Commission membership. .................. 1046, 1051,

1226, 1301, 2026, 2117, 2200, 2305, 2332, 2342

HB 629--Education; QBE Formula Funds; direct instructional costs; FTE count

calculation ............................. 1220, 1223, 1365, 1409, 1718, 1822

HB 630--Dangerous Dogs; identifying; registration; notices; owner

liability .................................. 778, 782, 1367, 1409, 1590, 1637

HB 631--Local Governments; bond proceeds; investments or reinvestments

1258

HB 634--Crimes and Offenses; Buying and Selling Human Fetuses;

prohibitions ............................ 1162, 1166, 1367, 1410, 1590, 1645

HB 637--Tax Executions for Ad Valorem Taxes;

transfers; notices; publication ........ 734, 738, 1226, 1301, 1590, 1644, 2005

HB 638--Community Services for the Mentally Retarded;

fees; payment........................... 1163, 1166, 1300, 1370, 1591, 1675

HB 642--Macon Judicial Circuit; judges; change Bibb County

supplement........................................... 573, 577, 741, 747

HB 643--Civil Actions; Fees Due Sheriffs' Retirement Fund; late payment

penalties; interest ......................... 777, 782, 1057, 1118, 1180, 1194

HB 645--Walker County; Superior Court Clerk; office personnel

compensation ......................................... 573, 577, 697, 699

HB 646--Walker County; Probate Court; office of judge; personnel compensation;

funds ................................................ 573, 577, 697, 699

HB 647--Walker County; Tax Commissioner; office personnel;

compensation; funds................................. 573, 577, 697, 699

HB 649--Cherokee County; Board of Commissioners; creation of ... 573, 578, 697, 699

HB 652--Douglasville-Douglas County Water and Sewer Authority;

members; appointment ....................... 574, 577, 784, 788, 789, 1106

HB 656--Ben Hill County; deputy coroner; provide salary ......... 618, 625, 697, 699

HB 658--Greene County; Magistrate Court; magistrates;

compensation ........................... 618, 625, 949, 952, 954, 956, 1104

HB 659--Metropolitan Atlanta Olympic Games Authority;

creation; organization ....................... 690, 694, 948, 1059, 1121, 1132

HB 661--Chiropractors; sale of vitamins, minerals,

or food supplements....................... 941, 946, 1169, 1233, 1376, 1382

HB 664--Muscogee County-Columbus Government; councilors; terms

commencement ....................................... 618, 625, 784, 788

HB 665--Muscogee County-Columbus Government; Personnel Review Board;

alternate members' duties.............................. 618, 625, 784, 788

HB 668--Cobb County; Commission on Children and Youth;

termination date ...................................... 690, 694, 949, 952

HB 669--Lilburn, City of; Corporate Limits; change. ........ 733, 739, 1368, 1372

2414

JOURNAL OF THE SENATE

HB 670--MARTA; Reserve Funds Investments; interest earned;

use of proceeds ................................. 734, 738, 888, 1057, 1061

HB 674--Insurance; Accident and Sickness Policies; benefits, coverages,

out-of-state group policies ................................... 1220, 1224

HB 678--Newton County; Board of Commissioners; chairman;

supplement............................. 619, 625, 697, 698, 699, 700, 1176

HB 679--Public Works Contracts; payment bonds; security deposits; filing;

action on bonds.............. 1355, 1359, 1548, 1554, 1844, 1967, 2154, 2159

HB 680--Thomas County; Board of Education;

elections and terms ........ .......................... 733, 739, 878, 886

HB 685--Elbert County; Board of Commissioners; salary, compensation, per diem,

expenses ................ ............................ 619, 625, 697, 699

HB 686--Workers' Compensation; Pharmacy Benefits; requirements imposed by

insurers; restrictions .......................................... 1163, 1166

HB 687--Hancock County; Board of Commissioners; chairman, members;

expense allowance

619, 625, 949, 953, 954, 956, 1105

HB 688--Greene County; Coroner; compensation

619, 625, 697, 699

HB 689--Boiler and Pressure Vessel Safety Act; storage of

liquified petroleum gas .................. 1163, 1166, 1701, 1703, 2026, 2123

HB 692--Nuisances; Agricultural Facilities; exceptions;

change definition........................ 1047, 1052, 1404, 1550, 2026, 2129

HB 702--Medical Practice; License to Practice; qualifications; treat medicare

patients ................................ 1046, 1052, 1226, 1301, 1376, 1386

HB 706--Peace Officers Annuity and Benefit Fund; membership; GBI narcotics

agents ................................. 1163, 1166, 1547, 1554, 1843, 1877

HB 716--Public Assistance; Unauthorized Payments and Overpayments; persons

liable to repay .......................... 1163, 1166, 1365, 1410, 1718, 1788

HB 718--Avondale Estates, City of; corporate limits .............. 657, 661, 878, 886

HB 719--Water Quality; phosphorus reduction; laundry detergents,

regulate content ...................... 1162, 1167, 1546, 1554, 1717, 1753,

1932, 1940, 1992, 2000, 2346, 2372

HB 721--Atlanta Judicial Circuit; superior court;

additional judge .............. ....... 1354, 1359, 1405, 1550, 2025, 2037

HB 722--Decatur, City of; ad valorem; Tax Deferral for Elderly Act;

enact . . ........................ ...... . ........ 657, 661, 878, 886

HB 723--Municipalities; Petitions to Amend Charters; procedures; content;

signatures; timeframe..................... . 1187, 1367, 1410, 1590, 1641

HB 724--Public School Employees, Retirees; insurance; flexible

benefit plans ........... .............. 1291, 1297, 1404, 1550, 2026, 2132

HB 725--State Agencies; Inventory of Personal Property;

change requirements .................... 1163, 1167, 1300, 1370, 1718, 1802

HB 729--Glynn County; Law Library; additional magistrate

court fees ...................................... 690, 694, 878, 886

HB 730--Glynn County; State Court; judge; salary supplement

690, 694, 878, 887

HB 731--Education; Student Assessment; school readiness; test instruments;

uniformity.................................... ............ 1164, 1167

HB 733--Guardians; minors; probate court jurisdiction; residency

change; tort settlements ..................... 1047, 1052, 1545, 1554, 1718,

1806, 1843, 1850, 2162, 2168

HB 734--Hunting; doves; unlawful enticement; baited land;

penalties; signs ........................... 691, 694, 1367, 1410, 1844, 1943

HB 736--Macon, City of; Mayor and Council Members;

time for taking office

690, 695, 949, 953

HB 739--Atlanta, City of; Ad Valorem Taxation; exempt inventories; commercial

enterprise zones................................... 1044, 1054, 1405, 1412

HB 740--Perry, City of; ordinances; adoption; change provisions 733, 739, 949, 953

INDEX

2415

HB 741--Houston County; State Court; solicitor;

change provisions ..................................... 733, 739, 949, 953

HB 742--Municipal Gas Authority of Georgia; Legal Situs; location of principal

office .................................... 777, 782, 1367, 1410, 1718, 1821

HB 743--Magistrate Courts; Jurisdiction; civil claims;

amount in controversy................... 1047, 1052, 1366, 1410, 1843, 1918

HB 747--Bulloch County; Tax Commissioner; compensation

733, 739, 949, 953

HB 748--Baker County; board of commissioners; employ clerk

733, 739, 878, 887

HB 749--Plant Food Act of 1989; enact

1219, 1224, 1404, 1550, 2026, 2087

HB 757--Transportation; Rail, Rapid Busways; limited-access roads; municipal

consent

1040, 1170, 1233, 1376, 1380, 1646, 1676, 1831, 1873, 2111, 2181

HB 758--Transportation; State Tollway Authority; financing and investment; sale

of bonds ........................ 1047, 1052, 1170, 1233, 1376, 1418, 1468

HB 760--Lee County; Deputy Sheriffs; employment provision

734, 739, 949, 953

HB 763--Oconee County; Oconee Utility Authority Act; repeal; property

disposition ........................................... 734, 739, 949, 953

HB 767--Effingham County; state court; judge and solicitor;

salary ................................................ 734, 739, 949, 953

HB 768--State Employees Health Insurance Plan; include Hazardous Waste

Management Authority .................. 1102, 1111, 1701, 1703, 1844, 1966

HB 772--Barnesville, City of; mayor; election by majority

777, 782, 878, 887

HB 773--Camp Site Time-share Programs; instruments; contents;

taxes and title ................... 1047, 1052, 1405, 1550, 2026, 2138, 2180

HB 774--Talbot County; Board of Commissioners;

change compensation .................................. 777, 782, 949, 953

HB 775--Austell, City of; corporate limits; change ................ 777, 782, 949, 954

HB 778--Fulton County; Homestead Exemption;

disability determination ........................... 1046, 1054, 2008, 2019

HB 779--Richmond County; Certain Officials; compensation 1397, 1401, 1834, 1837

HB 780--Smyrna, City of; Downtown Smyrna Development Authority;

membership; terms .................................. 869, 876, 1115, 1120

HB 781--Taylor County; Board of Education; members;

compensation ....................................... 869, 876, 1115, 1120

HB 782--Glynn County; Board of Commissioners;

expense allowance ................................... 869, 876, 1115, 1120

HB 783--Tattnall County; Motor Vehicle Registration;

staggered tag sales ................................ 869, 877, 1115, 1120

HB 786--Doerun, City of; elections; mayor, councilmen;

terms of office ...................................... 869, 877, 1115, 1120

HB 788--Public Service Commission; Jurisdiction; municipal natural gas

transmission, distribution facilities

1354, 1359, 1547, 1556, 1844, 1963

HB 789--Rome-Floyd County Commission on Children and Youth;

create ....................... 1339, 1340, 1548, 1560, 1580, 1589, 1993, 2083

HB 790--Pelham, City of; mayor, council; time of election;

terms of office ...................................... 938, 946, 1170, 1176

HB 791--Wilkes County; Board of Commissioners; compensation; benefits; road

superintendent.................................... 1044, 1054, 1226, 1237

HB 794--Mountain Park, City of; mayor and councilmen;

compensation ....................................... 938, 946, 1170, 1176

HB 797--Muscogee County; Probate Court; judge;

change salary .................................... ... 777, 782, 949, 954

HB 799--Local Government; Historic Preservation Ordinances; districts, zones,

sites ................................... 1046, 1053, 1367, 1410, 1718, 1787

HB 802--Cobb County; Board of Commissioners; members, chairman;

compensation ....................................... 870, 877, 2008, 2019

HB 803--Cobb County; Board of Commissioners; purchases; county manager

authorization ....................................... 870, 877, 1115, 1120

2416

JOURNAL OF THE SENATE

HB 804--Villa Rica; Mayor and Councilmen; election and terms .................................. 938, 946, 1170, 1176
HB 805--Unadilla; Unadilla Arena and Tourism Authority; creation of; Revenue Bond Law powers ................................... 870, 877, 1115, 1121
HB 806--Pulaski County; deputy sheriffs; salary provisions ...... 938, 946, 1170, 1177 HB 807--Wilcox County; School District; board of education; election districts;
vacancies ......................................... 1156, 1157, 1368, 1372 HB 808--Wilcox County; Board of Commissioners; elections 1156, 1157, 1368, 1372 HB 810--Nuisances; Buildings Used Connection With Drug Crimes; closure; local
powers ................................. 1355, 1359, 1405, 1551, 1843, 1907 HB 811--Toccoa, City of; Corporate Limits; change and
extend boundaries. .................................. 938, 946, 1170, 1177 HB 812--Muscogee County; State Court; judges; compensation ... 938, 946, 1170, 1177 HB 813--Insurance; Assessment of Proposed Accident and Sickness Coverage Act;
enact .................................. 1047, 1053, 1366, 1410, 1843, 1926 HB 814--Carroll County; 911 Emergency Number; maintenance fees; telephone
companies divide.................................... 938, 946, 1226, 1237 HB 815--Barrow County; Water and Sewerage Authority; members;
number and selection method ........................ 939, 947, 1170, 1177 HB 816--Rincon, Town of; Mayor and Councilpersons; election;
terms of office ...................................... 939, 947, 1170, 1177 HB 817--Informed Consent for Medical Treatment;
time period............................. 1290, 1297, 1833, 1835, 2026, 2142 HB 820--Folkston, City of; corporate limits; change ............. 939, 947, 1170, 1177 HB 821--Homeland, City of; corporate limits; change .......... 939, 947, 1170, 1177 HB 822--Property; Railroad Corridors, Right of Way; acquisition for public
transportation .......................... 1355, 1359, 1404, 1551, 2026, 2141 HB 823--Lavonia, City of; municipal elections;
mayor and councilmen. .............................. 939, 947, 1170, 1177 HB 824--Winder-Barrow County Airport Authority; members;
selection method ............................. 939, 947, 1170, 1177, 1294 HB 825--Sumner, Town of; municipal elections............... 1044, 1054, 1226, 1237 HB 826--Turner County; Board of Education; vacancies;
method to fill..................................... 1045, 1054, 1226, 1237 HB 827--Turner County; Board of Elections; provide ......... 1045, 1054, 1300, 1302 HB 828--Crawford County; Law Library; additional
magistrate court fee .............................. 1045, 1054, 1226, 1237 HB 829--Peach County; Law Library; additional
magistrate court fee ............................... 1045, 1054, 1226, 1237 HB 830--East Dublin, Town of; ordinance violations; mayor prohibited pardon,
suspend, commute sentence ........................ 1045, 1055, 1226, 1237 HB 831--Savannah-Chatham County; Ad Valorem Taxing Jurisdiction; millage rate
determination. .................................... 1045, 1055, 1300, 1302 HB 832--Poulan, City of; municipal elections................. 1045, 1055, 1226, 1238 HB 833--Construction; Blasting, Excavating Near Underground Pipes Utilities;
violations. .............................. 1354, 1360, 1701, 1703, 2026, 2151 HB 834--Whitfield County; Coroner; compensation ........... 1045, 1055, 1226, 1238 HB 835--Jeff Davis County; commissioners; staggered terms; clerk;
compensation ..................................... 1045, 1055, 1226, 1238 HB 836--Fulton County; Board of Elections; repeal;
conditioned effective date ................ 1339, 1340, 1701, 1703, 1844, 1938 HB 837--Fulton County; Board of Elections and Registrations; create; members;
terms; powers..................................... 1339, 1341, 2008, 2019 HB 839--Legal Advertising; Rates Allowed to Publishers;
increase ................................ 1352, 1360, 1405, 1551, 2025, 2076 HB 841--Jesup, City of; corporate limits; change ............. 1045, 1055, 1226, 1238

INDEX

2417

HB 843--Housing Authorities; state bond allocation pool; share set-aside; procedures ............................. 1355, 1360, 1548, 1554, 1843, 1891
HB 847--Marietta, City of; Mayor Pro Tern; salary; municipal court employees; appointment; removal ............................. 1633, 1635, 1834, 1837
HB 849--Marietta, City of; Board of Education; freeholder requirements; vacancies ......................................... 1633, 1635, 1834, 1838
HB 850--School Bus Drivers; increase minimum salary .................................. 1356, 1360, 1700, 1703, 1843, 1877
HB 851--Swainsboro, City of; municipal elections; date; posts; terms ...................................... 1046, 1055, 1226, 1238
HB 852--Hinesville, City of; Mayor or City Council; vacancies; method to fill..................................... 1046, 1055, 1226, 1238
HB 853--Aviation; Northeast Georgia Surface and Air Transportation Commission; create .................................................. 1267, 1368, 1372
HB 854--Walker County; Coroner; compensation ............. 1046, 1056, 1226, 1238 HB 855--Camilla, City of; mayor or councilman; vacancies;
special election ................................... 1100, 1111, 1300, 1302 HB 856--Funston, City of; elections; mayor, councilmen; taking of office;
terms ............................................ 1100, 1111, 1300, 1303 HB 857--Sale City, elections; mayor, councilmen; taking of office;
terms ............................................ 1100, 1111, 1300, 1303
HB 858--Bulloch County; State Court; judge, solicitor; compensation ..................................... 1100, 1111, 1300, 1303
HB 859--Riceboro, City of; corporate limits; change........... 1101, 1112, 1300, 1303 HB 861--Muscogee County; State Court; solicitor, assistant solicitor;
compensation ..................................... 1101, 1112, 1368, 1372 HB 864--Human Resources Department, Board, Employees; damage actions;
service of process ........................ 1046, 1053, 1169, 1233, 1418, 1520
HB 865--St. Marys, City of; Mayor or Councilmembers; vacancies ......................................... 1101, 1112, 1300, 1303
HB 866--Haralson County; Magistrate Court; fees for county law library ......................... 1101, 1112, 1300, 1303
HB 867--Polk County; County Law Library; magistrate court impose fee ........................ 1101, 1112, 1300, 1303
HB 868--Polk County; Board of Elections and Registration; create; powers; duties ............................................ 1101, 1112, 1300, 1303
HB 869--Walton County; Law Library; magistrate court collect additional fee ..................................... 1101, 1112, 1300, 1303
HB 870--Danielsville, City of; mayor and councilmen; terms of office .................................... 1101, 1112, 1300, 1303
HB 871--Colbert, City of; mayor and councilmen; terms of office .................................... 1101, 1112, 1300, 1303
HB 872--Ila, City of; mayor and councilmen; terms of office . . 1101, 1112, 1300, 1304 HB 874--Newton County; Water and Sewerage Authority; membership; change
provisions ........................................ 1101, 1112, 1300, 1304
HB 875--Morgan County; Water and Sewerage Authority Act; enact ............................ 1102, 1112, 1701, 1704, 1707, 1717, 2006
HB 876--General Assembly; automatic adjournment Fridays, reconvene Mondays; exception ............................... 1102, 1111, 1547, 1554
HB 878--Medical Examiners; Medical Legal Investigator; defined as peace officer in charge .............................. 1353, 1360
HB 880--Dawson, City of; Corporate Limits; change .......... 1156, 1157, 1300, 1304 HB 881--Gwinnett County; Board of Commissioners; districts;
change composition ............................... 1218, 1224, 2008, 2019
HB 882--Sasser, Town of; elections; mayor, councilmen; qualifications; terms ............................... 1156, 1157, 1300, 1304

2418

JOURNAL OF THE SENATE

HB 883--Gwinnett County; Board of Registrations and Elections; members; appointment............................ 1156, 1157, 2008, 2019, 2023, 2025
HB 884--Dawson, City of; Mayor and Councilmen; elections, change provisions ................................. 1156, 1157, 1300, 1304
HB 885--Pesticides and Pest Control; State Structural Pest Control Commission; Extend to 1995. .......................... 1354, 1360, 1404, 1551, 1718, 1817
HB 886--Stone Mountain Judicial Circuit; Superior Court; judges; supplement; DeKalb County funds ............................. 1156, 1158, 1405, 1412
HB 887--Forest Products Trucking Rules; enforcement; General Assembly ratify ....................................................... 1355, 1360
HB 888--Bronwood, Town of; mayor and councilmen; elections; terms ............................................ 1156, 1158, 1300, 1304
HB 891--Workers' Compensation; Rehabilitation Benefits; assessment; time period; procedures ...................................... 1220, 1224, 1374
HB 892--Oglethorpe County; Water Authority; create ......... 1156, 1158, 1300, 1304 HB 893--Elbert County; Richard B. Russell Development Authority; create;
recreational facilities .............................. 1156, 1158, 1300, 1304 HB 895--Insurance; Medical Malpractice Actions; periods of limitation;
tolling ...................................................... 1291, 1297 HB 896--Augusta-Richmond County Commission-Council; establish;
procedures ....................................... 1155, 1158, 1405, 1412 HB 897--Chatham-Savannah Authority for the Homeless;
create ............................................ 1289, 1298, 1834, 1838 HB 898--Superior Courts; Clerks; fees; mortgages, debt instruments;
cancellation, lost deeds .................. 1291, 1298, 1547, 1556, 1844, 1970 HB 901--Cobb County-Marietta Water Authority; members; compensation; quorum;
restrict expenses; wholesale water levy .............. 1218, 1224, 1368, 1372 HB 902--Madison County; Board of Comissioners; compensation; reimbursable
expenses ......................... 1397, 1401, 1548, 1561, 1582, 1589, 1831 HB 903--Alcovy Judicial Circuit; superior court judges;
salary supplement................................. 1157, 1158, 1300, 1304 HB 905--Macon, City of; Middle Georgia Coliseum Authority;
revenue bonds .................................... 1218, 1225, 1368, 1373 HB 906--Macon Judicial Circuit; District Attorney;
salary supplement................................. 1218, 1225, 1368, 1373 HB 907--Paulding County; Law Library;
additional magistrate court fees .................... 1218, 1225, 1368, 1373 HB 909--Warrenton, City of; Elections; mayor, mayor pro tern., councilmembers;
districts; terms............................................... 1218, 1225 HB 910--Warren County; Deputy Sheriffs; appointment; compensation; equipment;
other expenses ............................................... 1219, 1225 HB 913--Lake Park, City of; elections; mayor, councilmen; terms;
oath ............................................. 1219, 1225, 1368, 1373 HB 914--Brantley County; board of education; members;
compensation ..................................... 1219, 1225, 1368, 1373 HB 916--Driver's License; Suspension; reinstatement; completion of defensive
driving course ............................................... 1353, 1361 HB 918--Bartow County; Emergency 911 Number; maintenance fees; telephone
companies divide.................................. 1289, 1298, 2008, 2019 HB 919--Bartow County; Board of Elections; powers; duties;
authority ......................... 1289, 1298, 1405, 1413, 1414, 1417, 1700 HB 921--Cartersville, City of; Mayor, Councilmen, School Board Members;
elections; terms ................................... 1289, 1298, 1548, 1560 HB 922--Cherokee Judicial Circuit; superior court; additional judge, court
reporter ................................ 1354, 1361, 1405, 1551, 1718, 1777 HB 924--Bartow County; Tax Commissioner; compensation. . . . 1796, 1797, 2008, 2020

INDEX

2419

HB 925--Bartow County; Commissioner; compensation

1796, 1797, 2008, 2020

HB 926--Atlanta, City of; Traffic Courts; chief judge and associate judges;

annual salary ................................................ 1339, 1341

HB 927--Bartow County; Sheriff, Superior Court Clerk, Probate Court Judge;

compensation

1796, 1797, 2008, 2020

HB 928--Bartow County; Chief Magistrate; compensation . 1796, 1798, 2008, 2020

HB 929--Cartersville, City of; Homestead Exemption; residents 62 years or over;

disabled; referendum

1290, 1299, 1405, 1413

HB 932--Atlanta Housing Authority; voting members; quorum;

resident commissioners

1339, 1341, 1548, 1554, 2025, 2049

HB 942--Augusta Canal Authority; creation of parks and

recreation areas ................................... 1289, 1298, 1405, 1413

HB 944--Bulloch County; Probate Judge, Sheriff, Superior Court Clerk, Tax

Commissioner and Personnel; compensation

1289, 1298, 1405, 1413

HB 945--Cobb County; Probate Court judge and clerk;

compensation

1289, 1299, 1548, 1561

HB 948--Blakely, City of; municipal elections; date; posts;

terms

1289, 1299, 1405, 1413

HB 950--Homerville, City of; municipal elections; qualifying; posts;

terms ............................................ 1289, 1299, 1405, 1413

HB 954--Education; Teachers; salary increases;

contingent upon evaluation

1353, 1361

HB 956--Hinesville, City of; Municipal Elections; districts; terms; residency;

referendum

1340, 1344, 1548, 1561

HB 957--Butts County; tax commissioners;

salary supplement

1340, 1341, 1548, 1561

HB 959--Athens-Clarke County Anti-Drug Commission;

create

1340, 1341, 1548, 1561, 1584, 1589, 1707, 1716, 1717, 2004

HB 960--Toombs County; board of commissioners; chairman,

members; compensation

1340, 1342, 1548, 1561

HB 961--Albany, City of; Elections; mayor and commissioners;

terms

1340, 1342, 1548, 1561, 1583, 1589, 1831

HB 962--Annexation; Limitation; areas furnished county services; applicable

counties

1352, 1361, 1548, 1555, 1844, 1937

HB 965--Webster County; board of commissioners; qualifications;

elections; powers, duties ................. 1397, 1402, 1834, 1841, 1843, 2006

HB 966--Auburn, City of; new charter ....................... 1397, 1402, 1701, 1704

HB 967--Manchester, City of; governing authority;

city council and mayor

1397, 1402, 1701, 1704

HB 968--Monroe, City of; Water, Light, and Gas Commission; membership;

terms ............................................ 1397, 1402, 1701, 1705

HB 969--Muscogee county; Coroner; compensation............ 1397, 1402, 1701, 1705

HB 970--Cobb County; Sheriff, Chief Deputy, Investigator, Executive Secretary;

compensation

....................... 1397, 1402, 1701, 1705

HB 971--Cobb County; Tax Commissioner, Chief Clerk, Executive Secretary;

compensation ..................................... 1398, 1402, 1701, 1705

HB 972--Sparks, Town of; new charter

1398, 1402, 1701, 1705, 1715, 1717, 2004

HB 973--Colquitt County; Emergency 911 System; maintenance fees;

divide among subscribers

1398, 1402, 1701, 1705

HB 976--Clayton County; Redevelopment Powers;

referendum ....................................... 1398, 1403, 1701, 1705

HB 977--Cobb Judicial Circuit; District Attorney, Assistants; compensation;

county supplement ................................ 1398, 1403, 1701, 1705

HB 979--Henry County; Sheriff, Probate Judge, Superior Court Clerk, Tax

Commissioner; compensation ....................... 1398, 1403, 1701, 1706

HB 980--Henry County; Board of Commissioners; chairman, county-wide elections;

repeal county administrator; referendum

1398, 1403, 1701, 1706

2420

JOURNAL OF THE SENATE

HB 981--Athens, City of; Redevelopment Powers

1398, 1403, 1701, 1706

HB 982--Cobb County; Superior Court judges' compensation;

county supplement ................................ 1399, 1403, 1702, 1706

HB 983--Cobb County; Superior Court clerk, deputy clerk;

compensation ..................................... 1399, 1403, 1702, 1706

HB 984--Rincon, Town of; Homestead Exemption; ad valorem taxes;

persons 65 years

or older .......................................... 1399, 1404, 1702, 1706

HB 985--Cobb County Manager; duty to discharge certain personnel from

office ....................................................... 1399, 1404

HB 990--Cobb County; Juvenile Court judge;

compensation ..................... 1535, 1542, 1702, 1706, 1707, 1717, 2006

HB 991--Lowndes County; Enhanced 911 Service District Act; establish; funding;

service charges.................................... 1634, 1635, 1834, 1838

HB 992--Forsyth County; Magistrate Court; provide separate office of chief

magistrate ........................................ 1535, 1542, 1834, 1838

HB 993--Fitzgerald, City of; mayor, aldermen;

election and terms ................................ 1535, 1542, 2008, 2020

HB 994--Unadilla; Business License Tax Exemption; new areas annexed corporate

limits ............................................ 1535, 1542, 2008, 2020

HB 995--Peach County; Probate Court; marijuana possession cases;

jurisdiction ....................................... 1634, 1635, 1834, 1838

HB 996--Byron, City of; clerk, treasurer, marshal;

change provisions ................................. 1634, 1635, 1834, 1838

HB 997--Clarke County; Probate Court; chief clerk;

change salary ..................................... 1535, 1543, 1834, 1838

HB 998--Kennesaw, City of; Corporate Limits; change ........ 1535, 1543, 1834, 1838

HB 1000--Hall County; Board of Commissioners; election district; elect chairman

by majority....................................... 1536, 1543, 1834, 1838

HB 1002--Lookout Mountain Judicial Circuit; Probation officers; county

supplement; maximum amount

1634, 1635, 1834, 1839

HB 1003--Clayton Judicial Circuit; District Attorney;

county supplement ................................ 1536, 1543, 1834, 1839

HB 1004--Clayton Judicial Circuit; superior court judges;

supplement....................................... 1536, 1543, 1834, 1839

HB 1005--Clayton County; State Court; deputy clerk, judge, solicitor;

compensation ..................................... 1536, 1543, 1834, 1839

HB 1006--Clayton County; Tax Commissioner and deputy commissioner;

compensation ..................................... 1536, 1543, 1834, 1839

HB 1007--Clayton County; Superior Court; sheriff, clerk, deputy clerk;

compensation .................. 1536, 1544, 1834, 1839

HB 1008--Clayton County; Board of Commissioners; compensation;

reports, audits .................................... 1536, 1544, 1834, 1839

HB 1009--City of Pooler; Corporate Limits; land description; correct technical

error........................................................ 1536, 1544

HB 1010--Thunderbolt, Town of; corporate limits; change

1832, 2008, 2020

HB 1012--Cherokee County; Board of Education; members;

per diem ......................................... 1536, 1544, 1834, 1839

HB 1014--Rockdale County; Board of Commissioners; vacancies;

method of filling .................................. 1537, 1544, 1834, 1840

HB 1016--Albany, City of; Ad Valorem Tax; additional homestead exemption;

persons 65 or over; referendum

1537, 1544, 1834, 1840

HB 1017--Tyrone, Town of; mayor, councilmembers; qualifications;

terms; compensations.............................. 1537, 1544, 2008, 2020

HB 1018--Franklin-Heard County Water Authority;

change name ..................................... 1537, 1544, 1702, 1707

INDEX

2421

HB 1019--Dougherty County; Board of Education; school districts; student transfer policies ................................... 1537, 1545, 1834, 1840
HB 1021--Clayton Judicial Circuit; Probation Officers; Personnel; salary; county supplement ...................................... 1537, 1545, 1834, 1840
HB 1022--Clayton County; Probate Court; judge; alternative salary ................. 1537, 1545, 1834, 1840, 1842, 1843, 2005
HB 1024--Baxley, City of; councilmen; reelection dates; term of office ..................................... 1537, 1545, 1834, 1840
HB 1025--Waycross, City of; Charter; revise and restate. ....... 2033, 2045, 2182, 2186 HB 1026--Clayton County; Board of Education; composition; elections, districts,
nonpartisan ...................................... 1634, 1635, 1834, 1840 HB 1027--Richmond County; Sheriffs Merit System Board; members;
compensation ..................................... 1796, 1798, 2008, 2021 HB 1029--Carroll County; Superior Court Clerk;
compensation ..................................... 1634, 1635, 1834, 1840 HB 1030--Carroll County; State Court; judge; compensation 1634, 1636, 1834, 1841 HB 1032--Bacon County; Board of Commissioners; compensation; vacancies; quorum;
bids; employing relatives........................... 1634, 1636, 1834, 1841 HB 1033--DeKalb County; Special Services Tax Districts; ad valorem millage rate;
limitations ....................... 1634, 1636, 2182, 2186, 2187, 2188, 2370 HB 1034--Bacon County; Sheriffs Office; secretaries, jailers, chief deputy,
investigator; compensation ......................... 1635, 1636, 1834, 1841 HB 1039--Bryan County; Board of Commissioners;
compensation ..................................... 1796, 1798, 2009, 2021 HB 1041--Fayette County; Probate Court; judge;
compensation ..................................... 1796, 1798, 2009, 2021 HB 1042--Fayette County; Superior Court Clerk;
compensation ..................................... 1797, 1798, 2009, 2021 HB 1043--Fayette County; Tax Commissioners;
compensation ..................................... 1797, 1798, 2009, 2021 HB 1044--Fayette County; Sheriff; compensation .......... 1797, 1798, 2009, 2021 HB 1045--DeKalb County; Chief Executive Office; salary;
determination method ............. 1797, 1798, 2182, 2186, 2187, 2188, 2370 HB 1046--Richmond County; Board of Education;
compensation .................................... 1797, 1799, 2009, 2021 HB 1048--Lumpkin County; Commissioner;
compensation ..................... 1797, 1799, 2009, 2021, 2023, 2025, 2180 HB 1056--Dalton, City of; subpoena powers; hearings, investigations; Public
Safety Commission ................................ 1903, 1905, 2009, 2021 HB 1057--Catoosa County; Board of Utilities Commissioners;
selection method .................................. 1903, 1905, 2009, 2022 HB 1058--Cuthbert, City of; elections; mayor, councilmen; taking of office;
term ............................................. 1903, 1905, 2009, 2022 HB 1059--Clarke County; Clarke County Classic Center Authority;
membership ...................................... 1903, 1905, 2009, 2022 HB 1060--Staggered Tag Sales; Houston County; designated periods;
repeal Act........................................ 1903, 1905, 2009, 2022 HB 1061--Houston Judicial Circuit; probation officers; salary; county
supplement....................................... 1903, 1905, 2009, 2022 HB 1062--Norcross, City of; city council;
staggered terms of office ........................... 1903, 1906, 2009, 2022 HB 1063--Peach County; Board of Commissioners;
compensation ..................................... 1903, 1906, 2009, 2022 HB 1064--Gwinnett County; Recorder's Court judges;
compensation ..................................... 1904, 1906, 2009, 2022 HB 1065--Gwinnett County; State Court judges;
compensation ..................................... 1904, 1906, 2009, 2022

2422

JOURNAL OF THE SENATE

HB 1066--Gwinnett Judicial Circuit; superior court judges; salary

supplement....................................... 1904, 1906, 2009, 2023

HB 1067--Gwinnett County; Juvenile Court; judge;

compensation ..................................... 1904, 1906, 2009, 2023

HB 1068--Gwinnett County; Compensation; probate court judge, superior court

clerk, sheriff, tax commissioner

1931, 1938, 2009, 2023

HB 1075--Augusta-Richmond County Commission-Council;

consolidated board; procedures ..................... 1904, 1906, 2009, 2023

HB 1076--Clayton County Commission on Children and Youth; establish congruent

state-wide commission

1904, 1906, 2182, 2186

HB 1080--Superior Courts; Blue Ridge Judicial Circuit; judges; salary

supplement....................................... 2033, 2045, 2182, 2186

HB 1081--Snellville, City of; corporate limits; change

2033, 2045, 2182, 2186

HB 1082--Taylor County; Office of County Manager; create;

appointment...................................... 2033, 2046, 2182, 2186

INDEX

2423

HOUSE RESOLUTIONS

HR 2--General Assembly; Notify Governor General Assembly convened

83

HR 5--General Assembly; Joint Session; Governor's message ............ 84, 92, 100

HR 6--General Assembly; Joint Session; invite Supreme and Appellate Court

Justices .................................................... 84, 93

HR 7--General Assembly; Joint Session; Chief Justice Thomas O. Marshall, Jr.,

address .................................................. 84, 93

HR 8--General Assembly; Adjournment;

January 13 to January 23 ................................ 85, 93, 137, 141

HR 16--Boutwell, Aaron E.; compensate

621, 624, 1299, 1368, 1987

HR 19--Thomas Humphrey; designate highway in

Baldwin County ............................ 508, 513, 696, 743, 1063, 1076

HR 22--Northwest Regional Hospital; designate Romeo Diprima, Mildred Knight,

and Ellis Hale centers

143, 149, 1169, 1230, 1844, 1962

HR 31--Personnel Shortages in Health Care Fields;

committee to study ....................... 779, 782, 1115, 1172, 1240, 1262

HR 35--Property Conveyances; Bibb County; to Georgia Federation of Colored

Women's Clubs ........................... 462, 467, 1115, 1172, 1240, 1266

HR 66--Stewart County; George S. Lee Causeway; designate over Chattahoochee

River ................................... 462, 467, 553, 581, 635, 672, 686

HR 74--Transportation; Designate; U.S. 441 Business Historic Route in

Habersham County

508, 513, 696, 743, 1063, 1095

HR 76--Fuller, G. Douglas and Alice K.;

compensate .................... 621, 624, 1299, 1344, 1375, 1377, 1406, 1988

HR 89--Baldwin County; Property Conveyance; hospital authority parking

facility ........................................... 1048, 1053, 1170, 1231

HR 90--Long, Marvrick; compensate

1049, 1053, 1299, 1368, 1988

HR 98--City of Winder; Easement for Underground Water Supply Line;

Fort Yargo State Park. .............. 545, 550, 1115, 1172, 1240, 1263, 1364

HR 99--Property Conveyances; to City of Calhoun; state-owned,

W&A Railroad leased property; conditions

545, 550, 1115,

1172, 1418, 1529, 1699

HR 101--Property Conveyances; W&A Railroad depot property;

convey to City of Calhoun

545, 550, 1115, 1172, 1590, 1629, 2007

HR 102--Barrow, John; compensate .................................... 1356, 1700

HR 103--Sellers, Williams B.; compensate

1356, 1357, 1700

HR 104--Joel Cowan Parkway; designate;

portion State Route 85

508, 513, 1405, 1549, 1718, 1770

HR 105--Floy Farr Parkway; designate;

portion State Route 54 ...................... 508, 513, 784, 880, 2026, 2145

HR 107--Franklin D. Roosevelt State Park; boundary lines;

determination. .......................... 1221, 1224, 1547, 1556, 1844, 1961

HR 109--Strickland, Lorraine; compensate

1356, 1357, 1700

HR 110--Juliette Gordon Low Highway; designate in

Chattooga County........................ 462, 468, 553, 581, 635, 672, 686

HR 112--Congress, U.S.; Urge Congressional Delegation Oppose Federal Tax on

Motor Fuels

508, 514, 695, 743, 889, 1180, 1211

HR 115--Clarks Hill Lake, Reservoir and Area; Name Designation in Georgia; lieu

of J. Strom Thurmond Lake ............. 1104, 1111, 1367, 1406, 1590, 1636

HR 129--Harrison, the Honorable John Carl, Senator, District 37; In Memory;

joint resolution ................................................ 233, 239

HR 162--Access to Health Care Study Commission;

creation ............................ 658, 661, 1404, 1549, 1717, 1756, 2007

HR 165--Property Conveyances; White County; sell Human Resources Department

property to adjoin owners.................... 545, 550, 741, 786, 2026, 2122

2424

JOURNAL OF THE SENATE

HR 190--Peach Parkway; designate portion of Fall Line Freeway at

Byron............................ 1049, 1053, 1170, 1231, 1376, 1590, 1606

HR 192--General Assembly; Joint Session; Juan A. Samaranch, International

Olympic Committee President address ....................... 508, 632, 760

HR 215--Miller, Rebecca Jane; compensate ........................ 1356, 1357, 1700

HR 217--Harris, Frances M.; compensate

1356, 1357, 1700

HR 218--England, Charles W.; compensate.............. 1049, 1053, 1299, 1368, 1989

HR 219--General Assembly; Adjournment February 3 to February 6............. 457

HR 222--Mathias, Janet P.; compensate ........................... 1356, 1357, 1700

HR 228--Creek Indian Trail Scenic Highway; designate in Randolph, Clay

Counties ......................... 1049, 1053, 1170, 1231, 1376, 1418, 1520

HR 229--Public School Cafeteria Workers Week; designate

545, 557

HR 240--Steen, Eunice; compensate ............................... 1356, 1357, 1700

HR 241--Hancock, Frances and Bob; compensate

1356, 1357, 1700, 1702, 1990

HR 242--Wilkinson County; Lightwood Knot Bridge over Sandy Creek; restore

historical name ................... 1048, 1053, 1170, 1231, 1376, 1718, 1770

HR 267--General Assembly; Adjournment February 10 to February 13 643, 651, 655

HR 277--Wilkinson County; A. T. Land, Sr. Highway;

designate portion S.R. 112 ............... 1163, 1167, 1405, 1549, 1718, 1820

HR 278--General Assembly; Adjournment February 16 to February 20 731, 732, 868

HR 295--Property Conveyances; Richmond County; to development authority for

industrial park.......................... 1221, 1224, 1547, 1556, 2026, 2081

HR 316--Motor Vehicles and Traffic; Code Title 40

Joint Study Committee .................. 1353, 1357, 1405, 1549, 2026, 2134

HR 317--Evidence; Code Title 24; State Bar of Georgia report; committee to

compare federal rules.................... 1292, 1298, 1405, 1549, 1844, 1959

HR 395--General Assembly; Adjournment March 2 to March 6

1517, 1533, 1534

HR 396--Cobb County; Hospital Authority, Joint Method of Appointment of

Members, Study Committee. ....................... 1931, 1938, 2182, 2185

HR 401--Union Camp Corporation; Skidaway Island State Park; cooperative

project; commend ............................................ 1541, 1704

HR 405--Gwinnett County Government Study Commission;

create ............................................ 1904, 1907, 2008, 2019

HR 406--Augusta-Richmond County Commission on Disadvantaged

Youth; create ..................... 1904, 1907, 2182, 2186, 2187, 2188, 2370

HR 448--General Assembly; Adjournment March 8 to March 13

1949, 2000, 2003

HR 487--Marietta-Cobb County Consolidation Study Commission;

create .................................................... 2163, 2183

HR 503--Albany-Dougherty County Commission on Disadvantaged

Youth; creation ............................................. 2175, 2183

INDEX

2425

PART III

ALPHABETICAL INDEX

A

ACADEMIC RECOGNITION DAY, UNIVERSITY SYSTEM OF GEORGIA Outstanding Scholars; commend......................................................... SR 40

ACCOUNTANTS, CERTIFIED PUBLIC; certification; examinations; continuing

education; foreign certificates ......................................

... HB 451

ACWORTH, CITY OF; reincorporate; provide new charter .................... HB 174

AD VALOREM TAX (Also See Revenue and Taxation)

Equalized Adjusted School Property Tax Digest;

assessment-ratio-value ................................................... SB 325

Equalized Adjusted School Tax Digest; assessment; ratios; reports ............. HB 421

Historic Properties; preferential assessment; procedure to qualify

HB 225

School Property Tax Digest; committee to study calculation procedures

SR 152

School Tax Bills; computation, inclusion of state aid; ADA reports

SB 240

Tax Deeds; ripen by prescription; foreclosure; notices;

right to redeem ......................................................... HB 123

Tax Executions; transfers; notification requirements; publication

HB 637

Unclaimed Property; disposition; time period; recovery firms; fees

HB 487

Water Facility Projects; property; tax-exempt status conversion ................ SB 86

ADJOURNMENT

General Assembly; adjourn 5 PM Fridays, reconvene following Mondays

HB 876

General Assembly; January 13 to January 23 .................................. HR 8

General Assembly; February 3 to February 6 ................................ HR 219

General Assembly; February 10, 1989 to February 13, 1989 ................... HR 267

General Assembly; February 16 to February 20 .............................. HR 278

General Assembly; February 24 to February 27 .............................. SR 195

General Assembly; March 2 to March 6 ..................................... HR 395

General Assembly; March 8 to March 13 .................................... HR 448

General Assembly; March 13 to March 15 ................................... SR 265

General Assembly; sine die March 15, 1989.................................. SR 275

ADMINISTRATIVE PROCEDURE ACT Appeals; decisions of state historic preservation review board ................. HB 226 Appeals; tax assessment of rehabilitated historic property .................... HB 225 Insurance Commissioner; hearings; contested cases, rule-making duties ......... HB 358

ADMINISTRATIVE SERVICES DEPARTMENT Assignment; Georgia Aviation Hall of Fame Board ........................... HB 110 Fiscal Division; bond of the director; evidence; changes to Title 24 ............ SB 336 State Agencies; central property inventory; change requirements............... HB 725

ADOPTION; special and nonspecial needs children; committee to study ........ SR 185

ADVERTISING Food; misleading advertisements ........................................... HB 195 Insurers Insolvency Pool; prohibited advertising forms........................ HB 514 Insurers; direct response; deceptive practices ................................ HB 183 Insurers; medicare supplement policies; regulate advertising................... SB 234

Refer to numerical index for page numbers

2426

JOURNAL OF THE SENATE

ADVERTISING (Continued)

Legal; increase rates ...................................................... HB 839

Legal; increase rates ...................................................... SB 271

Legal; official organ; probate court judge notify Secretary of State

SB 145

Promotional Giveaway or Contests; prohibit

SB 108

AGED (See Elderly)

AGRICULTURE

Agrirama Development Authority; composition; membership

SB 82

Aquaculture Development Act, Georgia; enact

HB 420

Code Revision; Title 2...................................................... HB 93

Commissioner; membership; Aquaculture Development Commission

HB 420

Commissioner; membership; Governor's Development Council

HB 215

Department; Shipping Point Inspection Services; retirement credit ............ SB 312

Ethanol, Gasohol Industry; committee to study promotion of

SR 165

Farm Bureau Day; proclaim February 1, 1989

SR 93

Farm Labor Camps, Facilities for Migrant Farm Workers; nuisances

HB 692

Farm Produce, Livestock; vehicles transporting; 67 Vi feet length

HB 464

Farm Trailers, Semitrailers; slow-moving vehicles;

lights, reflectors .......... HB 538

Farmed Fish; redefine 'domestic species'

SB 193

Farmers' Mutual Fire Insurance Companies; deposits; risks retained

HB 484

Fertilizer, Pesticide Use; contamination; liability of farmers

HB 11

Fish Farming Industry; Aquaculture Development Act; enact

HB 420

Fish Hatcheries; farm produced 'food fish'; license exemptions ................ HB 285

Fish, Food; trout; catfish; dealers; Agriculture Department regulate

HB 202

Georgia Agrirama; committee to study relocating

SR 44

Inspection Warrants; procedures; requirements; execution ..................... SB 116

Kenaf Plant; committee to study new crop; paper product

SR 177

Livestock; disposal plants, collection centers; licenses; inspection

SB 225

Peach Parkway; designate portion of Fall Line Freeway at Byron

HR 190

Peanuts, Georgia Agricultural Commodity Commission for; revisions ........... SB 276

Pest Control; state regulatory commission; extend to 1995 .................... HB 885

Pesticide Use and Application Act; licensees; notice to customer

HB 204

Pesticides; aerial contractors; licensing; repeal certain requirement

HB 552

Plant Food Act of 1989; fertilizers, registration; license distributors;

repeal 1970 Act........... HB 749

Poultry; vehicles transporting live poultry; maximum length of 65 feet ......... HB 473

Rabbits; processing facilities; inspection exemptions .......................... SB 117

Rabbits; slaughter and processing for sale; inspection; exceptions

SB 119

Rabbits; slaughter and processing meat; inspection exception

SB 74

Seed Capital Fund; creation; investment capital for innovative firms

HB 151

Shellfish Sanitation Program; dealer certification; container labels

SB 59

Vidalia Onions; urge adoption of federal marketing order

SR 55

Water Priority During Shortages; nurserymen, landscapers

SR 237

Wilkinson County; Forestry Commission Property; easement

SR 22

AIDS, ACQUIRED IMMUNE DEFICIENCY SYNDROME; real estate transactions;

history of past occupants; disclosure

HB 519

AIRPORTS (See Aviation)

ALABAMA, STATE OF; fishing license reciprocity

SB 106

ALBANY CHAMBER OF COMMERCE; commend ............................ SR 119

Refer to numerical index for page numbers

INDEX

2427

ALBANY, CITY OF

Ad Valorem Tax; additional homestead exemption; persons 65 or over;

referendum............................................................ HB 1016

Albany-Dougherty County Commission on Disadvantaged Youth; creation

HR 503

Dougherty County-Albany Joint Board of Elections; membership;

terms; powers .......................................................... HB 526

Elections; mayor and commissioners; terms .................................. HB 961

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving Under

Influence or Motor Vehicles)

Aircraft; operating under influence of alcohol; penalties

HB 265

Alcohol Treatment Programs; effective date postponed to July 1, 1995

HB 4

Alcoholic Patients; deceased persons; release of clinical records................. SB 40

Billiard Rooms; sales on premises; local authority to regulate

SB 291

Chemical Tests; persons operating vehicles; implied consent; refusal

SB 347

Driver's Licenses; suspended licenses; permit to obtain treatment

SB 7

DUI Offenders; device on vehicles to monitor blood alcohol levels

SB 123

DUI; license suspension; reinstatement; defensive driving courses

HB 916

DUI; persons disqualified from driving commercial vehicles ................... HB 130

Improper ID for Sales; traffic citations, complaint forms

HB 399

Minors; unlawful possession, DUI; suspend driver's license ..................... SB 68

Retail Dealer Licenses; notices of intent; publication requirements............. HB 169

Sunday Sales; counties of 160,000 or more and municipalities within

SB 277

Torts; liability for acts of intoxicated persons; cross-reference ................. HB 546

ALCOVY JUDICIAL CIRCUIT; superior court judges; salary supplement; Newton, Walton Counties.................................................. HB 903

ALDRIDGE, AUSTIN, NATIONAL 4-H CHAMPIONSHIP; commend ........... SR 73

ALEXANDER HIGH SCHOOL CONCERT CHOIR; commend ................. SR 114

ALIEN IMMIGRANTS; administrators, executors of estates; qualifications; bonds.................................................................... HB 258

ALLIGATORS; custody permits; feeding; exemptions; certain county........... HB 264

ALMAND, HONORABLE PRESTON MATTHEW; condolences to family

SR 213

ALPHARETTA, CITY OF; municipal court; fines; change maximum imposed HB 411

AMBULANCES (Also See Emergency Medical Services)

Ambulance Service Medical Director; EMS base station facilities

SB 320

Operated by State or Political Subdivisions; insurance coverage ............... SB 307

AMOCO CORPORATION AND ITS SUBSIDIARIES; recognize

SR 136

AMUSEMENT GAME MACHINES OR DEVICES; gambling prohibitions; exceptions................................................................ SB 290

AMUSEMENT RIDE SAFETY ACT; (See Carnival)

ANATOMICAL GIFTS (See Organ Donors)

ANDREWS, MRS. CARRIE; congratulate on 100th Birthday ................... SR 130

ANIMALS

Dangerous Dog Control Law; warning signs; design........................... SB 106

Dangerous Dogs; identifying; registration; notices; owner liability

HB 630

Livestock; slaughtering establishments; licensing; inspection ................... SB 225

Livestock; vehicles and trailers hauling; length limitations .................... HB 464

Rabbits; processing for meat food product; inspection; exemption ............. SB 117

Rabbits; slaughter and processing for sale; inspection; exceptions .............. SB 119

Refer to numerical index for page numbers

2428

JOURNAL OF THE SENATE

ANIMALS (Continued) Rabbits; slaughter and processing meat, inspection; exception Vehicles Transporting Live Poultry; maximum length Wildlife; alligators, bears; feeding prohibited; exceptions Wildlife; doves; unlawful enticement; baited land; penalties

SB 74 HB 473 HB 264 HB 734

ANNEXATION Limitation; areas furnished county services; applicable counties Municipalities; boundaries of school systems; taxing jurisdiction Municipalities; limitations relative county school system QBE funds

HB 962 SB 370 SB 362

APPEALS AND ERROR Court of Appeals; judges; compensation ... Judgments Concerning Child Custody Cases; applications Workers' Compensation; state board decisions; procedures

HB 55 SB 238 HB 274

APPOINTMENTS BY GOVERNOR ........................ Pages 1824, 1825, 2010

Education Committee report............................................ Page 1825

Abrams, Albert J................................................. Pages 1825, 2012

Adams, C. Jerome ..................................................... Page 2013

Adams, Herbert, Jr..................................................... Page 2017

Albritton, A. Dale...................................................... Page 2017

Alden, Hewett M....................................................... Page 2012

Alston, Sandra Henegan

Page 2013

Armour, Charles R. .................................................... Page 2015

Arnold, W. Douglas .................................................... Page 2013

Ayers, Robert Elliot.................................................... Page 2017

Ballard, H. Ted .................................................

Page 2017

Barren, Frank ......................................................... Page 2014

Beard, Janice.......................................................... Page 2011

Berman, Jerome ....................................................... Page 2017

Black, Betty........................................................... Page 2016

Blanding, Roland E., Jr................................................. Page 2013

Blitch, Margaret H. .................................................... Page 2016

Blythers, Isaac......................................................... Page 2016

Boomershine, Walter M., Jr. ............................................ Page 2011

Branyon, Donald L., Jr. ................................................ Page 2014

Bridges, W. Worth, Jr. ................................................. Page 2015

Brown, Lawrence S..................................................... Page 2017

Brown, Robert L., Jr. .................................................. Page 2012

Buccino, Alphonse ..................................................... Page 2016

Burkett, Norman D. ................................................... Page 2013

Busey, Thomas J., Jr. ..................... Page 2014

Campbell, Joseph Fred ................................................. Page 2011

Cardwell, Albert L. .................................................... Page 2015

Carter, Donald J. ...................................................... Page 2015

Carter, Juanita ........................................................ Page 2011

Cashin, James E. ...................................................... Page 2017

Chaiken, Rita ......................................................... Page 2016

Chase, Richard K. ..................................................... Page 2014

Cheatham, Rebecca A. ................................................. Page 2011

Cheek, Kathryn K...................................................... Page 2011

Christian, Richard M. .................................................. Page 2015

Clark, Edward A. ...................................................... Page 2017

Cleveland, Louie W., Jr. ................................................ Page 2016

Corn, Amon L. ........................................................ Page 2012

Refer to numerical index for page numbers

INDEX

2429

APPOINTMENTS BY GOVERNOR (Continued) Cousins, A. Lucian ..................................................... Page 2013 Cox, Andrew A......................................................... Page 2015 Cunningham, C. Anthony............................................... Page 2017 Daniels, Maurice ....................................................... Page 2011 Davis, H. Gordon, Jr. .................................................. Page 2013 Dawson, Harold A...................................................... Page 2016 Delk, Oliver R. Ill ..................................................... Page 2017 de Mayo, Richard T. ................................................... Page 2014 Donaldson, Tommie M. ................................................ Page 2016 Dye, Clinton E., Jr. .................................................... Page 2015 Earnest, Daniel Craig .................................................. Page 2013 Eaton, S. Boyd ........................................................ Page 2013 Ellis, John, Jr.......................................................... Page 2012 Epstein, Howard V. .................................................... Page 2015 Evans, Alvin M., Sr. ................................................... Page 2013 Farr, Thomas F. ....................................................... Page 2013 Fendig, James Gowen .................................................. Page 2013 Fenner, Myrtle Martin ................................................. Page 2012 Fitzgerald, Reverend Isaac .............................................. Page 2013 Flowers, Runette....................................................... Page 2014 Foshee, Eleanor ....................................................... Page 2017 Fox, Faye ............................................................. Page 2016 Frankel, Phyllis........................................................ Page 2011 Freeman, Phyllis....................................................... Page 2013 Funderburg, Rosemary F................................................ Page 2015 Funk, F. James, Jr. .................................................... Page 2015 Gershon, Ruth H....................................................... Page 2013 Giffin, Gordon D. ...................................................... Page 2016 Gitter, Marcia S. ...................................................... Page 2017 Glover, Letitia ......................................................... Page 2013 Greene, Emory ........................................................ Page 2017 Griffin, James, Jr....................................................... Page 2015 Gude, Divida .......................................................... Page 2016 Hadley, Isaac S. ....................................................... Page 2012 Hale, Polly Finlon ..................................................... Page 2015 Hall, Thomas R. ....................................................... Page 2016 Hanse, Anne C......................................................... Page 2012 Harris, Charles A. ..................................................... Page 2017 Harris, Oscar L. ....................................................... Page 2011 Harvey, Jane H. ....................................................... Page 2016 Hickman, Betty ....................................................... Page 2016 Hinesley, Harold A..................................................... Page 2016 Hodges, Gene ......................................................... Page 2012 Hoffman, Frank ....................................................... Page 2013 Hood, Hoyle D......................................................... Page 2013 Irwin, W. Gordon ...................................................... Page 2014 Jackson, Cennette ..................................................... Page 2015 Jackson, Lydia ........................................................ Page 2011 Jenkins, Bryndis Roberts ............................................... Page 2011 Johnson, Carl F. ....................................................... Page 2015 Johnson, Glenda Hatchett .............................................. Page 2013 Johnson, Reverend Russell.............................................. Page 2017 Johnston, J. Lane...................................................... Page 2016
Refer to numerical index for page numbers

2430

JOURNAL OF THE SENATE

APPOINTMENTS BY GOVERNOR (Continued)

Jones, John R. ........................................................ Page 2011

Jones, Thomas F. ...................................................... Page 2013

Keener, Ellis B. ....................................................... Page 2014

Keller, Jean ........................................................... Page 2017

Kidd, William W....................................................... Page 2011

Kinard, Robert W. ............ ........................................ Page 2014

King, DeLutha H. ..................................................... Page 2011

La Mons, Paul R....................................................... Page 2012

Lenders, William A..................................................... Page 2011

Leak, Claudette. ....................................................... Page 2013

Leak, John F. ......................................................... Page 2016

LeGette, John S. ...................................................... Page 2014

Levi, James ........................................................... Page 2011

Levi, Pamela C. ....................................................... Page 2015

Levitas, Barbara ....................................................... Page 2011

Lewis, Helen Fay ................................................. Page 2016

Logue, A. Keith ....................................................... Page 2016

Lucas, Marjorie E. ..................................................... Page 2014

Lyde, Geneva........................................ ................. Page 2013

MacPhail, Valeria Paxton....................... ....................... Page 2012

Martin, Carol ......................................................... Page 2012

May, Lynne M.............................................. .......... Page 2013

McCant, Barbara Jean ................................................ Page 2015

McCant, William ...................................................... Page 2017

McGhee, Delores....................................................... Page 2016

McMullan, Johanna S. ................................................. Page 2013

Mitchell-Tibbs, Marlene P. ............................................. Page 2011

Mobley, Commodore T., Jr.............................................. Page 2013

Morgan, J. Tom ....................................................... Page 2011

Moritz, Jeffrey A. ...................................................... Page 2012

Morris, James T. .................................................... Page 2015

Mullins, David ........................................................ Page 2017

Murphy, Dr. Walter Y. ......................................... ....... Page 2016

Nessmith, William ............................................. ... Page 2017

Ogletree, LaVerne C. ........................................... ....... Page 2014

O'Neil, Alison Tara .........................................

... Page 2012

Oxendine, John W. .................................................... Page 2013

Parker, Ann McKee .................................................... Page 2014

Patterson, Joseph H. ................................................... Page 2014

Peeks, Joseph ......................................................... Page 2014

Raines, Jack A. ........................................................ Page 2014

Reeves, Rebecca K. .................................................... Page 2016

Rhodes, Foster ........................................................ Page 2017

Rinker, Geraldine ...................................................... Page 2013

Roberts, Anna Laura ................................................... Page 2017

Ryan, Robert A., Jr. ............................................... Page 2013

Scott, Loris ........................................................... Page 2017

Sears, Claude Joe ............................................... Pages 1825, 2012

Shaw, Frank R......................................................... Page 2013

Sherman, Eloise B...................................................... Page 2014

Sise, Robert C. ........................................................ Page 2011

Skelton, B. Jane ....................................................... Page 2015

Skelton, W. Douglas ................................................... Page 2013

Refer to numerical index for page numbers

INDEX

2431

APPOINTMENTS BY GOVERNOR (Continued)

Smaha, Paul G............................................... ....... Page 2015

Smick, Kirk L. ............................... ... .................. Page 2015

Smith, Brian C. ................ ..................

........... Page 2017

Smith, Jesse T. ........................... . . ................ ........ Page 2013

Snow, James S. .............

.....

........................... Page 2013

Solodar, Helena Stern .................. ............................... Page 2013

Spencer, Gerald L. ......

...............

...... Page 2017

Staley, Irving T. ....................................................... Page 2014

Startari-Lurev, Betsy...... . ................... ..................... Page 2013

Stone, Nancy Lane..................................................... Page 2013

Strickland, Winston ................................................ ... Page 2011

Stroud, Anne G.............................. ......................... Page 2013

Sweet, Arthur ...................................................... Page 2017

Thomas, Robert M. .................................................... Page 2017

Vann, Laura S. ........................................... .... ...... Page 2013

Wade, Martha H. .............................. ....................... Page 2013

Wages, Valerie J. .... ...................................... . Page 2013

Wall, June Abbott ......... ................... ....................... Page 2013

Ward, Mary Jamerson.......................................... . Page 2011

Waters, Bill G. ...................................... .............. Page 2013

Wellons, Neal A........................................................ Page 2017

Wetherbee, Katherine L. ........................ . .

......... Page 2013

Wexler, Allan V. ...................... .............................. Page 2015

Whelchel, Hubert W.................................. ...... .......... Page 2012

Wilson, Jo ............................................................ Page 2017

Wilson, Willie Ella ..................................... ............... Page 2012

APPROPRIATIONS AND FISCAL AFFAIRS

Commission to Study Economy and Efficiency in State Government

SR 140

Corrections Department; transfers for capital outlay. . . ..................... SB 257

Fiscal Planning of State Agencies; committee to study efficiency ................ SR 7

General; FY 1989-90 ..... .................. .................

HB 145

Office of Planning and Budget; continuation budget report; contents

SB 326

Supplemental FY 1988-89; certain agencies ............................

HB 118

Supplemental; Department of Labor

HB 214

Supplemental; FY 1988-1989; State Employees Health Insurance Fund

HB 381

Supplemental; Medicaid; FY end 6-30-89; provider claims FY 1988

HB 98

Supplementary Acts, Amendments; enactment prohibitions;

conditions .............................................................. SR 135

AQUACULTURE DEVELOPMENT ACT, GEORGIA; enact

HB 420

ARCHITECTS Commercial Artists; copyright ownership; committee to study Graduate, Professional Postsecondary Programs; private colleges Scope of Practice; registration; qualifications; definitions Workers' Compensation; third-party tort-feasors; exceptions

SR 236 SB 24 SB 230 HB 319

AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Authorities or Development Authorities)

ARMENIAN EARTHQUAKE; emergency relief efforts; commend physicians

SR 21

ARTS

Commercial Artists; copyright ownership; committee to study

SR 236

Georgia Citizens for the Arts; commend ...................................... SR 29

Georgia Music Festival; committee, citizen's council .... . . .................. SR 91

Refer to numerical index for page numbers

2432

JOURNAL OF THE SENATE

ARTS (Continued)

Postsecondary Education Act; private fine arts colleges; exemption

SB 24

Redfern, William Russell and Very Special Arts; commend ................... SR 212

ATHENS, CITY OF Athens-Clarke County Anti-Drug Commission; creation ....................... HB 959 Redevelopment Powers .................................................... HB 981

ATHLETICS

Amateur Contests; officials, volunteer coaches; tort liability .................... HB 54

Amateur Sports; State Games Commission; Olympic training sites

SB 194

Athlete Agents; professional sports services contracts; regulate

SB 43

Athletic Trainers; licensing; qualifications; reciprocity; renewal ................ HB 626

Georgia Recreation and Park Society; commend .............................. SR 98

Intercollegiate Facilities; development authorities; projects .................... SB 369

International Olympic Committee President; address General Assembly

HR 192

Metropolitan Atlanta Olympic Games Authority; creation; organization

HB 659

State Boxing and Wrestling Commission; creation of .......................... HB 15

ATLANTA BUSINESS LEAGUE; commend

SR 264

ATLANTA JUDICIAL CIRCUIT; superior court; additional judge ........... HB 721

ATLANTA MAYOR ANDREW YOUNG; introduction, remarks

Page 116

ATLANTA, CITY OF

Ad Valorem Taxation; exempt inventories; commercial enterprise zones

HB 739

Ad Valorem Taxes; homestead exemption; certain residents; referendum ....... SB 334

Atlanta Housing Authority; voting members; quorum;

resident commissioners .................................................. HB 932

City Jail Fund; additional traffic court fines; procedures ...................... SB 363

Downtown Development Areas; property leases; 50-year contracts binding

future councils; terms; conditions; mayor's authority ....................... SB 323

Metropolitan Atlanta Olympic Games Authority; creation; organization

HB 659

Municipal Court Division of Fulton County State Court; fees; costs............ HB 303

Property Conveyance; part of project site GWCC-2, Georgia Dome ............. SR 64

Property, Facilities Adjacent MARTA Stations; authority to lease

HB 497

School Bonds; issuance without referendum; amend Constitution .............. SR 122

Traffic Court; penalty to fund victim, witness assistance program.............. SB 335

Traffic Courts; chief judge and associate judges; annual salary................. HB 926

Urban Enterprise Zones; criteria for zones; residential purposes ............... HB 575

Urban Enterprise Zones; effective date; corresponding tax exemption

HB 573

Urban Enterprise Zones; tax exemption; housing units; certain areas ........... HB 515

ATLANTIC JUDICIAL CIRCUIT; superior court; additional judgeship; Bryan, Evans, Liberty, Long, Mclntosh, Tattnall Counties .................... SB 167

ATTORNEYS (Also See Courts, Civil Practice, or Criminal Proceedings)

Agents for Lienholder of Abandoned Vehicles; duties

SB 337

Agents for Lienholder of Abandoned Vehicles; foreclosure proceedings

SB 328

County; governing authority power to appoint, remove ....................... SB 171

Fees; frivolous actions and defenses; assessment ............................. HB 525

Indigent Defense; duties; pro bono services; interest-bearing accounts

HB 105

Prosecuting; entry of a nolle prosequi; duty to notify defendant............... HB 322

Representatives Appearing before Pardons and Parole Board ................. SB 211

Rules of Evidence; State Bar of Georgia report; committee to study ........... HR 317

Search of Law Offices; seizures, documentary evidence;

special masters ......................................................... HB 356

Refer to numerical index for page numbers

INDEX

2433

ATTORNEYS (Continued) U.S. Attorneys, Assistant Attorneys; authority to carry firearms ................ SB 20

AUBURN, CITY OF; new charter .......................................... HB 966

AUCTIONEERS; licensing; qualifications; apprentices; revocation; bonds; exceptions................................................................ SB 198

AUDIT SUBCOMMITTEE OF RULES COMMITTEE; appointed

Page 885

AUDITS

Department of Audits and Accounts; ad valorem assessment-ratio

studies................................................................ SB 325

Department of Audits and Accounts; reports; Georgia State Games

SB 194

State Auditor; duties; preparation of school property tax digest ............... HB 421

AUGUSTA, CITY OF

Augusta Airport Authority Act; create and establish powers

SB 352

Augusta Canal Authority; creation of parks and recreation areas .............. HB 942

Augusta Ports Authority; harbor development projects, Savannah River ........ HB 536

Augusta-Richmond County Commission on Disadvantaged Youth; create

HR 406

Augusta-Richmond County Commission-Council; consolidation;

procedures ............................................................ HB 1075

Augusta-Richmond County Commission-Council; establish; procedures ......... HB 896

AUSTELL, CITY OF; corporate limits; change .............................. HB 775

AUTHORITIES (Also See Development Authorities)

Building Authority, Penal; revenue bonds

SB 257

Chatham-Savannah Authority for the Homeless; create ....................... HB 897

Contested Cases; evidence; deliberations in private session .................... SB 346

Contracts; public works; bids; functions delegated privatized entity ............ SB 296

Detention Buildings and Facilities Authorities; local powers

SB 367

Development; projects; intercollegiate athletic facilities

SB 369

Development; regional centers successor to APDCs; purpose; members

HB 215

Eminent Domain; relocation assistance to persons displaced by federal-aid

projects; replacement housing; uniformity ................................. HB 414

Environmental Facilities Authority; assistance to local governments

SB 83

Georgia Development Authority; revisions, Business Corporation Code ......... HB 335

Hazardous Waste Management Authority; employee health insurance .......... HB 768

Hospital; counties over 290,000; members; selection method

SB 97

Hospital; Joint Municipal Employees Benefit System; contracts ............... HB 475

Hospital; open records; disclosure; exemption; commercial plans ............... HB 140

Hospital; reports; revenue receipts, expenditures ............................. SB 184

Hospital; use of sales proceeds; health, medical services, training .............. SB 229

Housing; cities of 400,000 or more; voting members .......................... HB 932

Housing; commissioners; appointment; qualifications ......................... SB 154

Housing; state bond allocation pool; share set-aside; procedures ............... HB 843

Jekyll Island-State Park Authority; membership; conflict of interest ............ SB 99

Local Independent Authority Indebtedness Reports; filing .................... HB 248

Metropolitan APDCs; operating expenses; dues .............................. HB 163

Metropolitan Atlanta Olympic Games Authority; creation; organization ........ HB 659

Metropolitan Transportation Planning Organization;

limited-access roads ...................... HB 757

Mountain Protection Act; enact .............................................. SB 1

Municipal Gas Authority of Georgia; principal office; legal situs ............... HB 742

Public; board of directors; empower change name, style of operation

HB 350

Public; contracts not exceeding $40,000; bond requirements ................... HB 309

Refer to numerical index for page numbers

2434

JOURNAL OF THE SENATE

AUTHORITIES (Continued) Purchases of Goods, Services; payments to vendors; aging reports Revenue Bonds; issuance when incurs debt requires voter approval Revenue Bonds; issuance without referenda; committee to study State Tollway Authority; issuance of revenue bonds, notes; loans Student Finance Authority; commissioners; compensation Student Finance Authority; incentive grants; maximum award Student Finance Authority; insurance and education trust program World Congress Center Authority; contractural powers; domed stadium

SB 236 SR 121 SR 138 HB 758 HB 161 HB 160
SB 13 HB 223

AUTISM RESOURCE CENTER AT EMORY UNIVERSITY; support development

SR 203

AVIATION

Aircraft Bomb Threats; local fire departments; emergency powers

HB 217

Aircraft Used Commission of Felony; forfeiture procedures

SB 23

Aircraft Used in Controlled Substances Violations; forfeiture

SB 146

Georgia Aviation Hall of Fame; creation; headquarters,

Houston County ........................................................ HB 110

Jet Turbine Fuel Underground Storage Tanks; environmental fees

HB 155

Northeast Georgia Surface and Air Transportation Commission; create

HB 853

Operating Aircraft Under Influence of Alcohol or Drugs; penalties

HB 265

Stone Mountain-Britt Memorial Airport; urge FAA conduct study

SR 163

Stone Mountain-Britt Memorial Airport; urge stop expansion

SR 200

AVONDALE ESTATES, CITY OF; corporate limits ........................ HB 718

B

BACON COUNTY

Board of Commissioners; compensation; vacancies; quorum; bids;

employing relatives..................................................... HB 1032

Sheriffs Office; secretaries, jailers, chief deputy, investigator;

compensation

HB 1034

BAD CHECKS

Crime of Issuance; penalties; multiple or fictitious checks;

evidence ............................................................... SB 188

Criminal Issuance; incarceration period and fines; increase

SB 231

Division of District Attorney or Solicitor Office; establishment

SB 189

Foreclosure; writ of possession; commercial transactions

SB 185

Liens for Merchandise or Services Rendered; definition

SB 186

BAGWELL, WENDY AND THE SUNLITERS; commend

SR 14

BAIL (Also See Bonds or Criminal Procedure)

Additional Penalties; fund peace officer, prosecutor training

SB 322

Appearance Bonds; forfeiture proceedings; notice to court clerks

HB 187

Bonds; criminal, traffic cases; additional penalty; county jail fund

SB 26

Illegal Drug Trafficking; persons charged not entitled; exceptions

SB 221

Jumping; failure to appear in court; bench warrants; accusations

HB 495

Misdemeanor Cases; post driver's license as collateral; procedures

HB 590

Petitions Before Superior Court Judges; procedural requirements.............. SB 255

BAINBRIDGE, CITY OF; land exchange; National Guard Armory property SR 127

BAKER COUNTY; board of commissioners; employ clerk

HB 748

Refer to numerical index for page numbers

INDEX

2435

BALDWIN COUNTY

Coroner, salary lieu of fee basis; fees become property of county .............. SB 161

Probate Court; judge; annual salary; abolish fee system........................ SB 11

Property Conveyance; hospital authority parking facility

HR 89

Property Conveyance; U.S. Highway 441-Milledgeville By-Pass

SR 54

Sheriff; compensation ....................................................... SB 4

State Court; judge, solicitor; compensation; full-time positions................. SB 166

State-Owned Property; purchase by James R. Ivey, Jr.

SR 23

Tax Commissioner; annual salary............................................ SB 12

BANKING AND FINANCE

Attorney-Client Trust Accounts; remittance of interest payments

HB 105

Auctions on Behalf of Financial Institutions; regulate; exceptions

SB 198

Bad Checks Issuance; foreclosure; commercial transactions

SB 185

Bad Checks Issuance; liens for merchandise, services rendered ................ SB 186

Bad Checks; criminal issuance; incarceration period, fines

SB 231

Bad Checks; fictitious checks; multiple bad checks; penalties

SB 188

Business Development Corporations; Department of Industry, Trade, and

Tourism ............................................................... SB 82

Check-Cashing Centers; regulate; license signs; fee schedule; rates ............. SB 246

Check-Cashing Centers; regulation; licensure

SB 54

Code Revision, Title 7...................................................... HB 93

Commercial Paper; notice of dishonor; statement for reason

SB 187

Commissioner; vacancies; deputies; examiners; oath; surety bonds ............. HB 316

Credit Union Deposit Insurance Corporation; bylaws; fees;

liquidation ............................................................. HB 315

Credit Unions; contracts; Joint Municipal Employees Benefit System

HB 475

Credit Unions; powers, directors, officers, duties, removal

from office ............................................................. HB 316

Department; initial filing by financial institutions; procedures ................. SB 151

Department; investigations; evidence; changes made to Title 24

SB 336

Deposit Accounts; dormant or unclaimed; finder fees;

third party claims....................................................... HB 316

Deposits, Insurers Security; evidence; acceptable forms ....................... HB 510

Directors, Officers, Employees; misuse of information; felonies

SB 150

Financial Data; trade secrets; definition; contractual rights.................... HB 252

Financial Institutions; competition; restrict unfair practices;

operational powers; investments .......................................... SB 150

Financial Institutions; currency transactions; reports; racketeering ............. HB 316

Financial Institutions; incorporation; filing; name reservation.................. SB 151

Financial Institutions; minimum capital stock; directors,

removal from office; audits; filings; information disclosure;

investigations

...........

HB 316

Financial Institutions; revisions to Business Corporation Code................. HB 335

Industrial Loan Licensees; political campaign contributions

SB 30

International Banking Corporations; redefine foreign country.................. HB 316

Investments for Bond Proceeds by Local Governments; restrictions ............ HB 631

Letters of Credit; public works contracts; acceptance conditions

HB 269

BARKER, SENATOR ED; excused ...................................... Page 322

BARNESVILLE, CITY OF; mayor; election by majority ..................... HB 772

Refer to numerical index for page numbers

2436

JOURNAL OF THE SENATE

BARROW COUNTY Water and Sewerage Authority; members; number and selection method Winder/Barrow County Airport Authority; members; selection method

HB 815 HB 824

BARROW, JOHN; compensate ............................................. HR 102

BARTOW COUNTY

Board of Elections; powers; duties; authority

HB 919

Cartersville; limit annexing ordinances; conditions

SB 362

Chief Magistrate; compensation ............................................ HB 928

Commissioner; compensation

HB 925

Emergency 911 Number; maintenance fees; telephone companies divide

HB 918

Sheriff, Superior Court Clerk, Probate Court Judge; compensation

HB 927

Superior Court; additional judge, court reporter, facilities

HB 922

Tax Commissioner; compensation........................................... HB 924

BATTERY (See Assault and Battery)

BATTLE SMITH BRIDGE; designate in Putnam County..................... SR 95

BAXLEY, CITY OF; councilmen; reelection dates; term of office

HB 1024

BECKHAM, KEVIN, STAR STUDENT AND STAR TEACHER, JACKIE MARSHALL; commend........................................... SR 270

BEER (See Alcoholic Beverages and Alcoholism)

BEN HILL COUNTY; deputy coroner; provide salary

HB 656

BIBB COUNTY

District Attorney; supplement to salary ..................................... HB 906

Georgia Federation of Colored Women's Clubs, Inc.; state headquarters

HR 35

Macon-Bibb County Water & Sewer Authority Employees Pension Plan;

benefits; disallow lump sum distribution .................................. SB 341

Superior Court; judges; change county supplement ........................... HB 642

BICYCLES; liens upon equipment serviced or repaired

SB 317

BIDS (See Contracts or Transportation)

BILLIARD ROOMS; regulate operation of; licensing; local authority

SB 291

BLACK, BARCLAY, NATIONAL 4-H CHAMPIONSHIP; commend

SR 75

BLAKELY, CITY OF; municipal elections; date; posts; terms ................. HB 948

BLECKLEY COUNTY; tax commissioner; compensation ..................... HB 283

BLIND PERSONS (Also See Handicapped) Voting assistance; procedures; oath requirement

HB 254

BLUE RIDGE, CITY OF; new charter

SB 314

BLUE RIDGE JUDICIAL CIRCUIT Superior Court; judges; salary supplement................................... SB 406
Superior Court; judges; salary supplement; Cherokee, Forsyth Counties ...................................................... HB 1080

BOATS

Abandoned Vessels; disposition; procedures; foreclosure; purchasers

HB 476

Constructed Before 1978; discharge of sewage; Lake Sidney Lanier

SB 309

Georgia Boat Safety Act; exemption; sailboard ................................ HB 49

Marina Slips, Docks; construction on state owned marshlands

HB 272

Marinas; Natural Resources Department powers as to projects ................ HB 263

Refer to numerical index for page numbers

INDEX

2437

BOILER AND PRESSURE VESSEL SAFETY ACT

Code Revision, Title 34. .................................................... HB 93

Pressure Vessels; storage of liquefied petroleum gas

HB 689

Rules; Governor's Employment and Training Council; duties

HB 568

BOMB THREATS; emergency powers of local fire departments

HB 217

BONDS

Administrators of Estates; waiver of bond; heirs consent; powers

HB 357

Bail; additional penalties; fund peace officer, prosecutor training

SB 322

Bail; appearance bonds; forfeiture; change practices and procedures

HB 187

Bail; persons charged drug trafficking not eligible

SB 221

Bail; petitions before superior court judges; procedures

SB 255

Bids for Public Works; payment; security deposits; action on bonds

HB 679

Contractors; bid bonds; contracts for public works

SB 274

Contracts for Public Works; letters of credit in lieu of bonds

HB 269

Criminal or Traffic Cases; additional penalty; county jail fund

SB 26

Georgia Allocation System; qualified housing projects; revision

HB 843

Land-disturbing Activity Permits; applicant bonds; violations

SB 84

Local Governments; bond proceeds; investments or reinvestments

HB 631

Municipal Street Improvement Bonds; increase interest rate

HB 377

Natural Guardians of Minors; awards for personal injury claims

SB 207

Public Works Contracts Not Exceeding $40,000; bond requirements

HB 309

Revenue; debt incurred for public facilities requires voter approval

SR 121

Revenue; issuance without referenda; committee to study ..................... SR 138

Revenue; Residential Finance Authority; expand purposes for issuance

SB 51

Revenue; State Tollway Authority .......................................... HB 758

School Bonds; issuance without referendum; certain municipality

SR 122

Surety Bond Program; employees of Banking and Finance Department

HB 316

Surety; administrators, executors of estates; nonresidents; aliens

HB 258

Surety; auctioneers; apprentices; applicants for licensure

SB 198

Surety; chief magistrates and magistrates; filing.............................. HB 108

Surety; group self-insurance funds; workers' compensation benefits

HB 367

Surety; public works contracts; protect persons supplying materials

SB 44

BOUTWELL, AARON E.; compensate....................................... HR 16

BOXING

State Boxing and Wrestling Commission; creation of .......................... HB 15

State Boxing Commission; termination date; June 30, 1995

HB 7

BOYD, DR. LAURENCE E.; commend

SR 49

BRANNON, SENATOR MAX; excused .................................. Page 492

BRANTLEY COUNTY; board of education; members; compensation

HB 914

BRAY, ANGELA W., 1988 GOAL AWARD; commend ......................... SR 118

BRAY, HUGH AND JULIE; commend ....................................... SR 129

BREMEN, CITY OF; municipal elections; mayor; term; candidates

HB 602

BRIDGES (See Highways, Bridges and Ferries)

BRONWOOD, TOWN OF; mayor and councilmen; elections; terms

HB 888

BROOKS COUNTY Board of Commissioners; chairman and members; compensation ............... HB 512 Southern Judicial Circuit; additional judge .................................. SB 142

Refer to numerical index for page numbers

2438

JOURNAL OF THE SENATE

BRYAN COUNTY

Board of Commissioners; compensation

HB 1039

School System; commend .................................................. SR 179

Superior Court; Atlantic Judicial Circuit; additional judge

SB 167

BRYANT, GLENN, THE HONORABLE; former Senator, District 3; commend SR 133

BRYANT, W. A.; Postmaster, Oglethorpe County; commend

......... SR 143

BUDGET (See Appropriations and Fiscal Affairs)

BUILDING AUTHORITY, GEORGIA; Penal; revenue bonds

SB 257

BUILDINGS AND HOUSING

Architects; scope of practice; registration; qualifications

SB 230

Assistance to Persons Displaced by Federal-aid Public Works Projects

HB 414

Bomb Threats; local fire departments; expand emergency powers

HB 217

Bonds; Georgia Allocation System; uses; revision ............................. HB 843

Buildings Used Connection With Drug Crimes; closure; local powers

HB 810

Chimney Sweeps; regulation and licensure. . . ..................... ......... SB 301

Churches; building occupant load............. ............................. HB 271

Code Revision, Title 8........... ................

......... HB 93

Conditioned Air Contractors; subcontracted work; licenses

HB 600

Construction; state minimum standard codes; inspectors; enforcement

... HB 154

Drinking Water; residential service; disconnect limitations ............. SB 15

Elevators, Escalators, Manlifts; regulatory agency ... .................. HB 568

Fire Safety Standards of Construction; special hazard buildings

SB 261

Fire Safety Standards; religious day care centers, schools; regulate

HB 114

Historic; preferential tax assessment; procedures to qualify

HB 225

Historic; state registry; criteria, applications for listing ....................... HB 226

Home Gardens, Lawns; specialty fertilizers; regulation of

HB 749

Homeless Housing Planning; development of programs; agencies defined

SB 208

Housing Authorities; cities of 400,000 or more; voting members

HB 932

Housing Authorities; commissioners; General Assembly appoint ............... SB 154

Housing; construction; landscaping; protected mountain areas

SB 1

Housing; urban redevelopment areas; tax exemptions

HB 515

Manufactured Homes; construction codes, standards

HB 154

Pest Control; persons applying pesticides; duty to notify customer

HB 204

Pest Control; state regulatory commission; extend to 1995 ...........

... HB 885

Public Housing; reduced rental charges; fraudulently obtaining

SB 52

Real Estate Appraisers; certification; qualifications; fees ...................... SB 250

Residential Care Facilities; mentally disabled, elderly persons;

bonds issued to finance assistance; home equity

conversion mortgages .............................................. .... SB 51

Residential; proximity of auto junkyards, solid waste disposal sites ............ SB 163

State Funded Buildings; no smoking except in designated areas

SB 95

State Office of Housing; identify needs; goal reports; due date

SB 51

BULLOCH COUNTY Coroner; expenses, change amount............... ............ ............. HB 528 Probate Judge, Sheriff, Superior Court Clerk, Tax Commissioner and Personnel; compensation ............................... ....... ......... HB 944 State Court; judge, solicitor; compensation .................................. HB 858 Tax Commissioner; compensation. ............... . . ..................... HB 747

BURKE COUNTY; property conveyance; easement for telecommunication cable ................................................... SR 132

BURRELL, SAMUEL; commend

SR 258

Refer to numerical index for page numbers

INDEX

2439

BUSES

Commercial Vehicles; Uniform Commercial Driver's License Act

HB 130

Private Schools, Church Vehicles; accidents; inspection; study of

SR 206

Public School; abuse, insults, upbraiding of drivers; prohibited

HB 166

School Bus Drivers; employment change; transfer of unused sick leave

HB 337

School Bus Drivers; increase minimum salary.....................

. . . . HB 850

School Buses; redefine term..............................

HB 592

School; configuration and number of flasher lights; change

SB 213

Windows, Windshields; light transmission requirements. . . ... .............. HB 208

BUSINESS (See Commerce and Trade or Professions and Businesses)

BUSSEY, LARRY WAYNE, 1989 GEORGIA TEACHER OF YEAR; commend SR 113

BUSSEY, MARY LEE HALL OF COLUMBUS; honoring

SR 255

BUTTS COUNTY; tax commissioner; salary supplement ............ HB 957

BYRON, CITY OF; clerk, treasurer, marshal; change provisions ....... . . . HB 996

CALHOUN, CITY OF Property Conveyance; certain state property to City; leased by W&A Railroad ............................... . . . . . . . .... HR 99 Property Conveyance; state-owned, W&A Railroad leased property; sell to city ............................. ... ........................... HR 101

CAMILLA, CITY OF; mayor or councilman; vacancies; special election ........ HB 855

CAMP SITE TIME-SHARE PROGRAMS; instruments; contents; taxes and title ............................... ............. .... .

HB 773

CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics or Elections

Candidate Financial Disclosure Statements; time of filing ................

SB 351

Contributions; insurance commissioner; prohibitions ...... ................... HB 286

Contributions, Committees; disclosure during off-election year.........

SB 87

CANDIDATES (See Elections)

CAPITAL PUNISHMENT (See Death Penalty or Courts)

CARNIVAL RIDE SAFETY ACT; Governor's Employment and Training Council; duties ........................................................... ....... HB 568

CARROLL COUNTY

Board of Commissioners; terms of office; election districts .......

. . HB 219

State Court; judge; compensation ............. ......................... HB 1030

Superior Court Clerk; compensation

.....

.................. HB 1029

Superior Court; judges; salary supplement; apportionment .......... . .

SB 332

911 Emergency Number; maintenance fees; telephone companies divide

HB 814

CARROLLTON HIGH SCHOOL DEBATE TEAM; commend

SR 252

CARTERSVILLE, CITY OF Annexing Ordinances; limitation; relative QBE school system funds Homestead Exemption; residents 62 years or over; disabled; referendum .................................................... Mayor, Councilmen, School Board Members; elections; terms

SB 362
..... HB 929 HB 921

Refer to numerical index for page numbers

2440

JOURNAL OF THE SENATE

CATOOSA COUNTY Board of Utilities Commissioners; selection method Catoosa Utility District; new name for water and sewer district Lookout Mountain Judicial Circuit; probation officers; supplement Probate Court and Superior Court Clerk; clerical help allowance . Superior Court; additional judge, court reporter; elections Tax Commissioner Office; clerical help pay

HB 1057 HB 583 HB 1002 HB 326 SB 132 HB 327

CAVE SPRING, CITY OF; purchase of state property for development usage SR 63

CEMETERIES; dead bodies or bodily parts; unlawful removal from a grave SB 275

CERTIFICATE OF NEED (Also See Health Care Facilities)

Definitions; kidney disease treatment centers, dialysis; exclude ................. HB 51

Diagnostic, Therapeutic Replacement Equipment; exemption

SB 133

Facilities Serving Head-Injured Persons; exemption .......................... SB 134

Health Planning Agency; executive director; Senate confirmation

SB 138

Hospitals; applications; consideration of bed capacity

SB 136

Hospitals; remodeling, renovation, replacement projects; exemption

SB 137

Personal Care Homes; exemption ........................................... SB 135

Qualifications; parent company; uncompensated indigent care; clinical services SB 373

CHAPLAINS OF THE DAY
Alford, Dr. Paul ...................................................
Armstrong, Reverend Phillip ........................................
Baker, Dr. Dick ................................................... Baker, Dr. Rudolph, Jr. ............................................ Bledsoe, Dr. John.................................................. Brice, Reverend Joe ................................................ Bullington, Reverend Elick ......................................... Couch, Reverend G. Horace......................................... Deal, Senator Nathan .............................................. Dodson, Dr. Malone................................................ Draper, Reverend Barry W.......................................... Exum, Reverend Jack .............................................. Flakes, Dr. J.H., Jr. ................................................ Floyd, Reverend Ed ................................................ Garner, Senator Wayne............................................. Handberry, Reverend Edsel L. ...................................... Husband, Bishop J.D. .............................................. Jones, Dr. L. Bevel HI ............................................. Langford, Senator Arthur.......................................... Lee, Reverend Virgil ............................................... Lowery, Reverend Joseph........................................... Marino, The Most Reverend Eugene A. .............................. Maxey, Reverend Dan .............................................. McCalep, Reverend George 0., Jr. ................................... Mitchell, Reverend Bennie.......................................... Myers, Reverend Cecil ............................................. Partridge, Dr. Bob ................................................ Price, Reverend Jerry ............................................. Scoggins, Reverend Steve .......................................... Taylor, Dr. John Lee.............................................. Tillman, Reverend B.C. ........................................... Tribble, Reverend Mack ........................................... Turnell, Reverend Al..............................................

Page 557 Page 883 Page 337 Page 698 Page 99 Page 1558 Page 951 Page 1235 Page 2183 Page 745 Page 473 Page 1060 Page 278 Page 1835 Page 1175 Page 1370 Page 239 Page 584 Page 1704 Page 1411 Page 517 Page 209 Page 228 Page 632 Page 1119
Page 13 Page 92 Page 121 Page 401 Page 150 Page 2010 Page 787 Page 1302

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INDEX

2441

CHAPLAINS OF THE DAY (Continued)

Webb, Reverend Steve .................................................. Page 114

White, Reverend R.L. ................................................... Page 431

Wilborn, Reverend Reginald ............................................. Page 376

Withers, Reverend Harold

Page 306

Woodall, Reverend Robert............................................... Page 666

CHAPPELL, BENNIFEE; congratulate ........................................ SR 90

CHARITABLE ORGANIZATIONS (See Corporations or Nonprofit Organizations)

CHARLES, CITY OF, IN TOOMBS COUNTY; abolish

SB 393

CHATHAM COUNTY

Ad Valorem Taxing Jurisdictions; millage rate; tax digest;

reassessment; chief assessor certification

HB 831

Certain Officers and Officials; change compensation .......................... SB 286

Chatham-Savannah Authority for the Homeless; create

HB 897

Development Authority; water pollution control project in Savannah

River; easement to Union Camp Corporation for pipeline, cables ............. SR 25

Property Conveyance; street cul-de-sac easement; Wormsloe

SR 67

Skidaway Island State Park Citizens' Committee; commend................... SR 170

Skidaway Island State Park; exchange of certain state-owned land

SR 171

State Court; costs and fees; change provisions ............................... HB 199

Superior Court; Eastern Judicial Circuit; fifth judge.......................... HB 306

CHATTAHOOCHEE COUNTY

Board of Commissioners; chairman, members; compensation

HB 31

Superior Court; fifth judgeship; procedure ................................... HB 559

CHATTAHOOCHEE JUDICIAL CIRCUIT; superior court; additional judgeship....................................................... HB 559

CHATTAHOOCHEE PLANTATION, CITY OF; annex portion Fulton County ............................... SB 295

CHATTOOGA COUNTY

Designate; Juliette Gordon Low Highway ................................... HR 110

Lookout Mountain Judicial Circuit; probation officers; supplement

HB 1002

Superior Court; additional judge, court reporter; elections .................... SB 132

CHECK-CASHIONG ESTABLISHMENTS Licensing; definitions; signs; post fee schedule; maximum rates ................ SB 246 Regulation; licensure; violations ............................................. SB 54

CHEROKEE COUNTY Board of Commissioners; creation of........................................ HB 649 Board of Education; members; per diem ................................... HB 1012 Sheriff, Superior Court Clerk, Tax Commissioner, Probate Court Judge; salary supplement....................................................... HB 550 Superior Court; judges; salary supplement................................... SB 406 Superior Court; judges; supplement to salary ............................... HB 1080

CHEROKEE JUDICIAL CIRCUIT; superior court; additional judge, court reporter; Bartow, Gordon Counties .................................................. HB 922

CHERRY BLOSSOM FESTIVAL; Macon Mayor Lee Robinson, Carolyn Crayton, remarks ................................................................ Page 432

Refer to numerical index for page numbers

2442

JOURNAL OF THE SENATE

CHILD ABANDONMENT

Offense of Reckless Abandonment; cruelty to children; penalties................ HB 29

Suspension of sentences; procedures; conditions............................... SB 65

CHILD ABUSE (Also See Minors)

Abandonment; reckless abandonment resulting in death; penalties

HB 29

Child Molestation; evidence; children; competency to testify

SB 216

Child Molestation; persons convicted; restrict parole consideration

SB 280

Criminal cases; evidence; competency of witnesses; children

HB 218

Protective Intervention Services; Human Resources Department duties ........ HB 390

Victims; encourage court appointed special advocate programs

SR 167

CHILD CARE CENTERS (See Day Care Centers)

CHILD HEALTH SERVICES ACT; insurance coverage; physical check-ups SB 124

CHILD SUPPORT

Cases; fees of the clerk of the superior court clerk ........................... SB 183

Duty of Father in Cases of Legitimation of a Child

HB 556

Enforcement; extensive revision; implement federal Family Support Act............................................................ HB 139

Enforcement; extensive revision; implement federal provisions

SB 115

Payments; condition of suspended sentencing for child abandonment

SB 65

Payments; noncustodial parent; relief from obligation to pay

SB 212

Payments; offense of criminal issuance of a bad check; penalties .............. SB 188

Support Payments; remove duty of probation department to collect

SB 63

CHILDREN AND YOUTH COMMITTEE; Senator Joe Burton act

as Chairman ........................................................... Page 334

CHILDREN (See Minors)

CHIMNEY SWEEPS; regulation and licensure ............ SB 301

CHIROPRACTORS; sale of vitamins, minerals, or food supplements........... HB 661

CHRISTOPHER, LAMUS; commend ......................................... SR 191

CHURCHES Building Occupant Load; fire safety ........................................ HB 271

Buses; committee to study vehicle inspection program

SR 206

Day-care Centers Operated by Local Churches; regulate; fire safety

HB 114

Vehicles Used in Transporting Children; redefine 'school bus*

HB 592

CITIES (See Municipalities or Local Government)

CIVIL ACTIONS (Also See Civil Practice or Torts or Courts)

Fees Due Sheriffs' Retirement Fund; late payment penalties; interest

HB 643

Frivolous Actions and Defenses; costs, attorneys' fees

HB 525

Insurers; punitive damages; bad faith in refusal to pay claims Jury Trials; alternate jurors; retaining until agreed upon verdict

SB 306 HB 106

Legal Advertisements; publisher's rates; increase

SB 271

Libel Actions; visual or sound broadcasts; evidence; retractions................ SB 239

Magistrate Courts; jurisdiction; amount in controversy

HB 743

Medical Malpractice; tolling of period of limitation for filing

HB 895

Pleadings Setting Forth Cause of Action; requests for admission;

answers ................................................................ HB 354

Private Enterprise Economic Losses; violations by state agencies

SB 243

Product Liability of Drug Manufacturers; damages; limitations

SB 190

Tort Actions; peace officers, firefighters, public safety employees

SB 22

Tort Actions; venue of actions involving business corporations

SB 21

Tort of Abusive Litigation; frivolous, groundless, vexatious claims

HB 332

Tortious Injury; evidence; compensation received for special damages .......... SB 289 Torts; liability for acts of intoxicated persons; cross-reference ................. HB 546

Torts; manufacturer product liability; define 'use intended' ................... SB 278

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INDEX

2443

CIVIL ACTIONS (Continued) Torts; personal injury claims of minors; damages; compromise awards Torts; sports officials of amateur athletic contests; limit liability Vehicle Towing and Storage Firms; violations; damages

SB 207 HB 54 HB 492

CIVIL DEFENSE (See Emergency Management or Military Affairs)

CIVIL PRACTICE (Also See Courts)

Abusive Litigation; torts; claims; definitions

SB 239

Class Actions; revisions, Georgia Business Corporation Code

HB 335

Divorce Proceedings; rules of mediation in domestic cases

SB 181

Evidence; conform provisions in changes made to Title 24

SB 336

Executions and Judicial Sales; rates for legal advertisement

HB 839

Frivolous Actions and Defenses; costs and fees; assessment

HB 525

Judicial Sales; property seized controlled substances violations ................ SB 288

Jury Trials; alternate jurors; retaining until agreed upon verdict

HB 106

Legal Advertisements; publisher's rates; increase ............................. SB 271

Medical Malpractice; tolling the statute of limitation; affidavit

SB 329

Official County Organ; probate court judge notify Secretary of State

SB 145

Pleadings Setting Forth Cause of Action; requests for admission;

answers ................................................................ HB 354

Property; seizure of contraband articles; complaint for forfeiture

SB 23

Renewal of Actions After Dismissal; payment of court costs

SB 329

Service of Process on the Secretary of State; agent for nonresidents

SB 321

Tort Actions; venue of actions involving business corporations

SB 21

Tortious Injury; evidence; compensation received for special damages

SB 289

Torts; minors; personal injury claims; settlement; releases

HB 733

Torts; negligence; independent contractors; employer liability

SB 81

CLARK ATLANTA UNIVERSITY; Cole, Dr. Thomas W., Jr., President; commend ................................................................. SR 32

CLARKE COUNTY Athens-Clarke County Anti-Drug Commission; create Clarke County Classic Center Authority; membership Probate Court; chief clerk; change salary

HB 959 HB 1059 HB 997

CLARKS HILL LAKE, RESERVOIR AND AREA; name designation in Georgia;

lieu of J. Strom Thurmond Lake

HR 115

CLAY COUNTY; Creek Indian Trail Scenic Highway; designate S.R. 266

HR 228

CLAYTON COUNTY

Board of Commissioners; compensation; reports, audits

HB 1008

Board of Commissioners; land exchange; Human Resources Department

SR 120

Board of Education; composition; elections, districts, nonpartisan

HB 1026

Clayton Judicial Circuit; probation officers; salary supplement

HB 1021

Commission on Children and Youth; establish state-wide commission

HB 1076

District Attorney; supplement to state salary; amount ....................... HB 1003

MARTA; membership; remove from board of directors

SB 111

Probate Court; judge; alternative salary .................................... HB 1022

Redevelopment Powers; referendum

HB 976

State Court: deputy clerk, judge, solicitor; compensation..................... HB 1005

Superior Court; judges; county supplement

HB 1004

Superior Court; sheriff, clerk, deputy clerk; compensation

HB 1007

Tax Commissioner and deputy commissioner; compensation

HB 1006

CLAYTON JUDICIAL CIRCUIT District Attorney; county supplement to state salary Probation Officers, Personnel; salary; county supplement Superior Court; judges; county supplement

HB 1003 HB 1021 HB 1004

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2444

JOURNAL OF THE SENATE

CLIFTON, NIKI; National 4-H Championship; commend ....................... SR 77

CLINCH COUNTY; isolated schools; QBE sparsity grants

HB 415

COASTAL MARSHLANDS AND WATER BOTTOMS; state-owned; leases; marinas, docks............................................................ HB 272

COBB COUNTY

Board of Commissioners; members, chairman; compensation .................. HB 802

Board of Commissioners; purchases; county manager authorization

HB 803

Chattahoochee Plantation, City of; annex certain portion

Fulton County ............................ SB 295

Civil Service Board; membership; classified, unclassified positions

SB 404

Cobb County-Marietta Water Authority; members; quorum; expenses;

wholesale water levy .................................................... HB 901

Cobb Judicial Circuit; court administrator, support personnel ................. SB 176

Commission on Children and Youth; termination date ........................ HB 668

Community Improvement Districts; practices; procedures, requirements;

board members; boundaries; annexation ................................... SB 395

County Manager; duty to discharge certain personnel from office .............. HB 985

District Attorney, Assistants; compensation; county supplement ............... HB 977

Hospital Authority, Joint Method of Appointment of Members,

Study Committee ....................................................... HR 396

Juvenile Court; judge; compensation ........................................ HB 990

Marietta-Cobb County Anti-Drug Commission Act; enact ..................... SB 340

Marietta-Cobb County Consolidation Study Commission; create ............... HR 487

Probate Court; judge and clerk; compensation ............................... HB 945

Redevelopment Powers; referendum ........................................ SB 400

Sheriff, Chief Deputy, Investigator, Executive Secretary;

compensation........................................................... HB 970

Solid Waste Management; urge commissioners investigate alternatives ......... SR 268

State Court; chief judge, create position; judges, compensation ................ SB 379

State Court; clerk, chief deputy; compensation............................... SB 377

State Court; filing fees; clerks; marshalls .................................... SB 327

State Court; judges of second division; compensation

...

SB 390

State Court; office of solicitor; elections, compensation;

assistants .............................................................. SB 315

Superior Court; clerk, deputy clerk; compensation............................ HB 983

Superior Court; judges; compensation; county supplement

HB 982

Tax Commissioner, Chief Clerk, Executive Secretary; compensation .......... HB 971

COBB JUDICIAL CIRCUIT Court Administrator and Support Personnel; provide ......................... SB 176 District Attorney, Assistants; compensation; county supplement ............... HB 977 Superior Court; judges; compensation; county supplement .................... HB 982

COCAINE; drug trafficking; felony offenses; increase penalties .................. HB 30

CODE OF GEORGIA

Code of Georgia; correct errors and omissions ................................ HB 93

Crimes and Offenses; foreclosure fraud; change incorrect reference .............. HB 92

Elections; code revisions, Title 21 ........................................... HB 91

Evidence; revise and supersede Title 24 relating to rules ..................... SB 336

Georgia Business Corporation Code; extensive revision ....................... HB 335

Retirement and Pensions; Code revisions, Title 47

HB 90

Title 40, Joint Study Committee ........................................... HR 316

Torts; correct typographical error in a cross reference ........................ HB 546

COLBERT, CITY OF; mayor and councilmen; terms of office ................. HB 871

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INDEX

2445

COLE, DR. THOMAS W., JR., CLARK ATLANTA UNIVERSITY PRESIDENT; commend ................................................................. SR 32

COLEMAN, SENATOR TOM; excused.................................. Page 1179

COLLEGES AND UNIVERSITIES (Also See Education or University System)

Adult Vocational-technical Programs; laboratory, equipment,

library needs ............................................................. SR 9

Athlete Agents; regulation; contracts; notices to athletic directors

SB 43

Athletic Facilities; projects defined, Development Authorities Law

SB 369

Campus Police; use of radar speed detection devices; permits

HB 324

Fine Arts Graduate, Professional Programs; exempt Postsecondary

Education Act ........................................................... SB 24

Georgia Military College; committee to study future policy, funding

SR 99

Georgia Student Finance Commission; commissioners; compensation ........... HB 161

Graduate Study; public school teachers; retirement credit..................... SB 173

License Plates; special; conditions for issuance; fees; renewal .................. SB 342

Motor Vehicles License Plates; commemorative issuance; applications

HB 301

Pharmacies Operated by Colleges; special permits............................. HB 58

Postsecondary Education; student incentive grants; maximum award

HB 160

Private; creditable service; Teachers Retirement System ...................... SB 344

Proprietary Schools; certificates of authorization ............................. SB 113

Tift College; committee to study state purchasing............................. SR 15

Unemployment Compensation; educators between academic terms

HB 569

University System; labs, equipment, rehabilitation technology,

scholars ................................................................. SR 10

COLQUITT COUNTY HIGH SCHOOL A CAPPELLA CHOIR; commend

SR 125

COLQUITT COUNTY

Colquitt County Arts Council; commend .................................... SR 182

Emergency 911 Systems; maintenance fees; divide amoung subscribers

HB 973

Southern Judicial Circuit; additional judge .................................. SB 142

COLUMBUS, CITY OF

County-wide Government; councilors; terms; commencement ...

HB 664

County-wide Government; Personnel Review Board; alternate members ........ HB 665

COMER, CITY OF; elections; mayor, councilpersons; terms; vacancies

HB 294

COMMERCE AND TRADE (Also See Professions and Businesses)

Agricultural Industry; inspection warrants ................................... SB 116

Alcoholic Beverage Retail Dealers; intent to secure license; notice

HB 169

Alcoholic Beverage Sales; improper ID; traffic citations

HB 399

Alcoholic Beverages; Sunday sales; certain counties, municipalities

SB 277

Athlete Agents; professional sports services contracts; regulate

SB 43

Auctioneers; licensing; qualifications; exceptions to regulations ................ SB 198

Auto Junkyards; proximity to residential areas; penalties

SB 163

Automobile Rental Agreements; excessive fuel charges; prohibitions............ SB 156

Bad Checks Issuance; commercial transactions; foreclosure .................... SB 185

Bad Checks Issuance; liens for merchandise or services rendered

SB 186

Bad Checks Issuance; multiple or fictitious; penalties; evidence

SB 188

Bad Checks Issuance; criminal issuance; incarceration period, fines

SB 231

Business Corporations; family controlled shares; directors; elections

SB 19

Check-Cashing Centers; regulate; license signs; fee; rates; bonds

SB 246

Check-Cashing Centers; regulation; licensure.................................. SB 54

Code Revision, Title 10. .................................................... HB 93

Commercial Artists; copyright ownership; committee to study

SR 236

Commercial Paper; notice of dishonor; statement for reason................... SB 187

Commercial Sale of Fertilizers, Plant Food Nutrients; regulation of............ HB 749

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2446

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued)

Convenience Stores; crane game machines; gambling prohibitions

SB 290

Corporate Net Worth Tax; date of returns and payments

HB 489

Corporations; shares; rights, purchase options; corporate takeovers

HB 245

Corporations, Professional Associations; filing certain documents

HB 336

Disadvantaged Businesses; contract bids, transportation department

SB 131

Driver Improvement Clinics; Public Safety Department duties

SB 49

Employment Security Law; employer contributions; unemployment

compensation ........ ............... ................................. HB 581

Fair Business Practices Act; going out of business sales....................... HB 193

Fair Employment Practices Act of 1989; unlawful practices ......... ......... SB 232

Farmers' Mutual Fire Insurance Companies; deposits; risks retained

HB 484

Financial Institutions; competing businesses; deceptive practices

SB 150

Financial Institutions; incorporation; initial filing

SB 151

Firearms Dealers; regulate sales of pistols, revolvers ................. SB 91

Fish Dealers; farm produced 'food fish'; license exemptions

HB 285

Food Fish; domestic farm products; Agriculture Department regulate

HB 202

Food; misleading advertisements ........ . ................................ HB 195

Free Enterprise Day in Georgia; proclaim March 8, 1989 ..................... SR 222

Game Fish; sale, purchase, transportation; redefine farmed fish

SB 193

Geo. L. Smith World Congress Center Act; contractural powers;

domed stadium ......................................................... HB 223

Georgia Business Corporation Code; revision

HB 335

Handicapped Parking; designated spaces; maintenance requirements

SB 164

Handicapped Parking; spaces designated for nonambulatory persons ........... HB 261

Health Spas Membership Contracts; funds obtained by selling;

requirements .................................. ........................ HB 341

Hotels-Motels-Inns; local excise taxation; aggregate taxes ..................... HB 474

Hotels-Motels-Inns-Tourist Camps; additional local option excise

tax levy .................................................................. HB 1

Industrial Life Insurers; criminal violation; excessive premiums................. SB 29

Industrial Loan Licensees, Insurers; campaign contributions

SB 30

Insurance Consumer Advocate; create position; duties; rate filing

SB 33

Insurance Consumer Advocate; create position; duties; rate filings

SB 36

Insurers; complaints against; public dissemination

SB 31

Insurers; domestic; transfer of domicile to another state

HB 566

Job Tax Credits; businesses in economically distressed counties .............. HB 240

Legal Proceedings; evidence; conform provisions, changes to Title 24

SB 336

Lessors of Rental Vehicles; gasoline gauges registering empty ................. SB 130

Liens Upon Equipment Serviced or Repaired

SB 317

Motor Vehicle Dealers, Importers, Manufacturers; committee to study

SR 56

Motor Vehicle Sales Financing; credit approval; vehicle delivery

SB 263

Multiline Heavy Equipment Dealers and Suppliers; regulate

SB 148

Multiline Heavy Equipment Dealers and Suppliers; regulate

SB 141

Out-of-state Mail Order Companies; sales tax; urge Congress allow

SR 184

Partnerships; dissolution; rights of partners; obligations;

agreements ............................................................. HB 333

Pine Straw Dealers, Sellers; regulate ......................................... SB 88

Private Enterprise; state agencies not to engage in competition

SB 243

Private Solid Waste Collection Services; contracts; expiration date........... SB 237

Privatized Business Entities Functioning for Public Agencies; bids

SB 296

Promotional Giveaways or Contests; prohibit ................................ SB 108

Retail Sale of Household Laundry Detergents; limit phosphorus

content .................................................. HB 719

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INDEX

2447

COMMERCE AND TRADE (Continued)

Retailers or Dealers; imposition of 4% state sales tax; exemptions . . . . ....... HB 474

Seafood, Commercial Suppliers; shellfish harvest, shipment; permits .......... SB 59

Seed Capital Fund; creation; investment capital for innovative firms

HB 151

Sellers of Business Opportunities; redefine term ............................... HB 5

State Oil Chemist; analyses; evidence; changes to Title 24 .................... SB 336

Time-share Programs; campsite; instruments; taxes; title...................... HB 773

Trade Names; registration; change cross-reference ... .......... ....... HB 334

Trade Secrets; definition; contractual rights ................................. HB 252

Used Car Dealers; redefine; licensure; leasing agencies ........................ SB 214

Used Motor Vehicle Parts Dealers; extend state registration board ......... SB 241

Vehicle Leasing, Rental Companies; regulate

HB 565

Vehicle Repair or Replacement of Parts; unfair trade practices

HB 201

Vehicle Service Agreements, Extended Warranties; regulate . . . . . . . .......... HB 314

Vehicle Towing and Wrecker Companies; committee to study ................. SR 245

Vendors; state agency purchases; Georgia Prompt Payment Report Act

SB 236

COMMISSIONS, BOARDS

Access to Health Care Commission; creation................................. HR 162

Access to Health Care Commission; creation ............... .

....... SR 70

Agricultural Exposition Authority; committee to study Agrirama

operation

........................................... ...... SR 44

Albany-Dougherty County Commission on Disadvantaged Youth; creation

HR 503

Aquaculture Development Commission; creation of; membership

HB 420

Athletic Trainers, Georgia Board of; extend to 1995

HB 626

Augusta-Richmond County Commission on Disadvantaged Youth

HR 406

Aviation Hall of Fame Board, Georgia; creation of; powers, duties

HB 110

Board of Examiners of Licensed Dieticians; extend to 1995

HB 470

Board of Industry, Trade, and Tourism; name changed

SB 82

Board of Medical Assistance urge review psychological coverage

.......... SR 217

Children and Youth Commission; membership; change reference

HB 628

Children and Youth Commissions; establishment by counties; funding

SB 353

Children and Youth; Legislative Overview Committee; powers, duties

SB 355

Chimney Sweeps, State Board of; creation; powers; duties ........

. .... SB 301

Coastal Marshlands Protection Committee; reports; leasing activity ............ HB 272

Commission on Economy and Efficiency in State Government

SR 140

Construction Industry Licensing Board, Utility Contractors Division

SB 140

Corrections Board; transfer of crime victims emergency fund account

SB 62

Crime Victims Compensation Board; powers; distribute profits of crime

SB 62

Criminal Justice Coordinating Council; additional member

HB 430

Criminal Justice Coordinating Council; membership; state school

superintendent ............................................. ........... SB 101

Education, State Board; members; duty to hold annual public hearings

HB 221

Electrologists, State Board; membership; powers; duties .......... .......... SB 396

Executive Branch; cost display on publication; committee to study ............ SR 244

Executive Probate Judges Council of Georgia; members; election; term

HB 107

Fulton County Government Study Commission; creation.................... SB 386

Georgia Agricultural Commodity Commission for Peanuts; powers

SB 276

Georgia Board of Nursing; powers; rules governing nurse protocols

HB 209

Georgia High Risk Health Insurance Plan; provide board of directors

SB 267

Georgia Music Hall of Fame Commission to Establish Permanent Site

in Macon ................................................... .......... SR 176

Georgia Real Estate Appraisers Board; duties; standards of practice

SB 250

Georgia Real Estate Commission; duties; history of licensees; powers

HB 340

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2448

JOURNAL OF THE SENATE

COMMISSIONS, BOARDS (Continued)

Georgia State Games Commission; creation; replaces State Commission

on Physical Fitness ..................................................... SB 194

Georgia Student Finance Authority; incentive grants; maximum award

HB 160

Georgia Student Finance Commission; commissioners; compensation

HB 161

Governor's Development Council; creation; statewide planning ................ HB 215

Governor's Employment and Training Council; creation; duties, powers

HB 568

Gwinnett County Government Study Commission; create

HR 405

Health Planning Agency; executive director; confirmation by Senate ........... SB 138

Historic Preservation Review Board; duties; powers .......................... HB 226

Interior Designers, State Board of Registered; creation ....

SB 305

Jekyll Island-State Park Authority; additional member; leases

SB 99

Magistrates' Retirement System Board of Trustees; composition............... SB 283

Marietta-Cobb County Anti-Drug Commission; enact; composition

.SB 340

Marietta-Cobb County Consolidation Study Commission; creation

HR 487

Natural Resources Board; rules governing water pollutant discharge

HB 345

Northeast Georgia Surface and Air Transportation Commission; create

HB 853

Open Meetings, Open Records; requirements of state agencies

SB 270

Pardons and Paroles, State Board; restrict certain parole authority

SB 280

Preservation of Private Enterprise Review Commission; establish

SB 243

Public Authorities; directors; empower change name, operation style

HB 350

Recreation Examiners, State Board of; termination date July 1, 1990

HB 8

Regional Development Centers; creation of; powers; duties

HB 215

Self-insurers Guaranty Trust Fund; board of trustees; creation of

SB 60

Soil and Water Conservation Commission; redefine rule-making role

SB 84

State Board of Accountancy; contracts for administrative services ............. HB 451

State Board of Pardons and Paroles; terms of office; limit powers .............. SR 96

State Board of Technical and Adult Education; contracts; exemption .......... HB 427

State Board of Technical and Adult Education; staggered terms

HB 428

State Boxing and Wrestling Commission; create; repeal State Boxing

Commission ............................................................. HB 15

State Boxing Commission; termination date; June 30, 1995 ..................... HB 7

State Construction Industry Licensing Board; extend to 1995 ................. HB 344

State Medical Education Board; administer loan program for

new doctors ............................................................ HB 567

State Properties Commission; powers; acquiring railroad corridors

HB 822

State Structural Pest Control Commission; extend to 1995 .................... HB 885

State; contested cases; evidence; deliberations in private sessions

SB 346

Used Car Dealers, State Board of Registration; composition .................. SB 214

Workers' Compensation, State Board; annual salaries; duties ................... SB 61

Workers' Compensation, State Board; members, administrative law

judges; salary ........................................................... HB 274

COMMITTEE OF THE WHOLE SENATE; hear State auditor and World Congress Center Director ......................................................... Page 323

COMMITTEES; Senate Standing; appointed ................................ Page 77

COMMITTEES, STUDY (Also See Commissions, Boards)

Adoption Study Committee ................................................ SR 185

Artists, Protection of, Study Committee; copyright ownership ................. SR 236

Augusta-Richmond County Commission on Disadvantaged Youth.............. HR 406

Automobile Insurance Costs Containment Study ............................. SR 204

Bus Accidents; Private School and Church Bus Study Committee

SR 206

Cobb County Hospital Authority, Joint Method of Appointment

of Members ............................................................ HR 396

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INDEX

2449

COMMITTEES, STUDY (Continued)

Cost Display on State Publications, Joint Study Committee

SR 110

County Officers' Personnel, Study Committee................................ SR 139

Drug Abuse and Drug Trafficking Study Committee

SR 199

Equalized Adjusted School Property Tax Digest, Joint Study Committee

SR 152

Ethanol Study Committee ............................................... SR 165

Franchised Motor Vehicle Practices Study Committee ......................... SR 56

Georgia Agrirama Relocation Study Committee ............................... SR 44

Georgia Military College, Joint Study Committee ............................. SR 99

Guardianship Laws Study Committee ....................................... SR 193

Gwinnett County Government Study Commission ............................ HR 405

Head Injury Treatment and Rehabilitation Study Committee

SR 241

Health Care Personnel Supply and Planning Joint Study Committee .......... HR 31

Joint Custody Study Committee; children of divorced parents................. SR 225

Joint Evidence Study Committee; report of State Bar of Georgia

HR 317

Joint Legislative Committee on Economy, Reorganization, and Efficiency

in State Government ...................................................... SR 7

Judicial Districting Study Committee ....................................... SR 111

Kenaf Plant Study Committee ........................................... SR 177

Minority Educators in the Public Schools Study Committee .................. SR 246

Motor Vehicle Insurance, Joint Study Committee ............................. SR 60

Motor Vehicles and Traffic; Joint Title 40 Study Committee ................. .HR 316

Muscogee County Board of Education Study Committee...................... SR 161

Music Industry Committee and Citizen's Advisory Council..................... SR 91

Natural Resources Department Revenues Study Committee ................... SR 211

Obstetricians, Professional Liability of, Study Committee ..................... SR 267

Peace Officers, Rights While Under Investigation, Study Committee ........... SR 218

Postsecondary Vocational Education Laboratory, Equipment and Library

Research Needs........................................................ SR 9

Public School Choice Joint Study Committee................................. SR 92

Quality of Work Life (QWL) Study Committee; state employees .... SR 159

Recycling and Land Preservation Study Committee .......................... SR 117

Solid Waste Management Joint Study Committee............................ SR 103

State Parks System Study Committee ...................................... SR 172

State Publications, Study Committee on Cost Display........................ SR 244

Strategic Planning Study Committee; legislative modernization ................ SR 160

Telephones; Intracounty Toll Charge Study Committee ...... SR 216

Tift College, Purchase of by the State of Georgia ............................. SR 15

Traffic Infractions Study Committee ........................................ SR 201

Transportation Study Committee........................................... SR 168

University System Laboratory, Equipment, Rehabilitation Technology,

and Eminent Scholars Endowment Study Committee........................ SR 10

Use of the Georgia National Guard to Help Combat Drug Trafficking in

Counties and Municipalities ............................................... SR 6

West Point Lake Joint Study Committee .......... SR 128

Wrecker Service Study Committee ......................................... SR 245

Youth Conservation and Service Corps Study Committee ..................... SR 220

COMMUNICATIONS FROM SECRETARY OF

STATE

Pages 13, 16, 17, 150, 185, 308, 473, 666, 884, 1234, 1556, 2173, 2373

COMMUNICATIONS WORKERS OF AMERICA; commend ................... SR 196

COMMUNITY AFFAIRS DEPARTMENT Building Construction; minimum standard codes; appeals; training ............ HB 154 Commissioner; membership; Governor's Development Council ................. HB 215

Refer to numerical index for page numbers

2450

JOURNAL OF THE SENATE

COMMUNITY AFFAIRS DEPARTMENT (Continued)

Economically Distressed Counties; designation; business job

tax credit .............................................................. HB 240

Facilitate State Standards for Planning, Development; powers; duties

HB 215

Local Independent Authority Indebtedness Report; duties .................... HB 248

Metropolitan APDC's; operating expenses; dues amount ...................... HB 163

Regional Development Centers; planning agency; state,

federal programs ........................................................ HB 215

COMPENSATION RESOLUTIONS
Barrow, John; compensate ................................................. HR 102 Boutwell, Aaron E.; compensate ............................................. HR 16 England, Charles W.; compensate .......................................... HR 218 Fuller, G. Douglas and Alice K.; compensate ................................. HR 76 Hancock, Frances and Bob; compensate..................................... HR 241 Harris, Frances M.; compensate ............................................ HR 217 Long, Marvrick; compensate ................................................ HR 90 Mathias, Janet P.; compensate ............................................. HR 222 Miller, Rebecca Jane; compensate .......................................... HR 215 Sellers, Williams B.; compensate ........................................... HR 103 Steen, Eunice; compensate ................................................. HR 240 Strickland, Lorraine; compensate ........................................... HR 109

COMPUTER ELECTION VOTE TABULATION; prohibited equipment; optical scan systems ............................................................. SB 348

CONDITIONED AIR CONTRACTORS Examinations; failed exams; review courses .................................. HB 344 Subcontracted Work; contracts; licenses; exceptions .......................... HB 600

CONFLICTS OF INTERESTS (See Ethics or Elections)

CONGRESS, U.S. (Also See Federal Government)

Candidates for Office; challenges to qualifications; time period

HB 234

Urge Allow State Sales Tax on Out-of-state Mail ORder Companies

SR 184

Urge Congressional Delegation Oppose Federal Tax on Motor Fuels

HR 112

Urge Health Care Finance Administration Implement Flexible Criteria;

relative to nursing home reform .......................................... SR 202

Urge Long-term Capital Gains Tax Differential; reforested timberland

SR 173

Urge Remove Budget; federal transportation trust fund;

motor fuel tax .......................................................... SR 142

CONGRESSMAN BEN JONES; introduction, remarks ....................... Page 116

CONGRESSMAN ED JENKINS; introduction, remarks...................... Page 839

CONGRESSMAN LINDSAY THOMAS; introduction, remarks ............... Page 319

CONSERVATION AND NATURAL RESOURCES (See Natural Resources or Envi ronmental Protection)

CONSTITUTIONAL AMENDMENTS

Elected Officials Qualifying Other Office; office declared vacant

SR 42

Felony Offense of Drug Trafficking; mandatory prison sentences

SR 57

Investigative Grand and Trial Juries in Judicial Circuits; establish ............. SR 58

Municipalities of 400,000; school bonds; issuance without referendum

SR 122

Open Meetings; General Assembly Sessions and Appointed Committees

SR 4

Pardons and Parole Board; prohibit parole convicted felons until serve

minimum one-third of sentence ........................................... SR 37

Pardons and Paroles State Board; change terms of office

SR 96

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INDEX

2451

CONSTITUTIONAL AMENDMENTS (Continued)

Persons Convicted of Drug Trafficking; prohibit pardon or parole

SR 65

Persons Ineligible Hold Public Office; convictions relating

to office ................................................................ SR 116

Revenue Bonds; indebtedness incurred by public agency;

voter approval .......................................................... SR 121

Schools; local systems; other revenue sources; 1% sales tax .................... SR 97

State Board of Education; provide for election; State School

Superintendent; state board appoint

SR 102

State Lottery; authorize General Assembly provide by law

SR 8

State Lottery; provide by law; proceeds for public education

SR 30

Supplementary Appropriations Acts, Amendments; prohibitions;

conditions ....................................................... SR 135

CONSTITUTIONAL OFFICERS (See Public Officers and Employees)

CONSTRUCTION (Also See Contractors and Contracts)

Architects; scope or practice; registration; qualifications

SB 230

Blasting, Excavating Near Underground Pipes, Utilities; violations............. HB 833

Contracts for Public Works; bid letting restrictions .......................... SB 296

Design Professionals; workers' compensation; third party tort-feasors;

exceptions to actions .................................................... HB 319

Fire Safety Standards; special hazard buildings; electrical

SB 261

Industry Licensing Board; utility contractors; foremen; bids

SB 140

Industry Licensing, State Board; extend to 1995; examinations ................ HB 344

Land-disturbing Activity; site control of erosion and sediment ................. SB 84

Licenses; lawn sprinkler, conditioned air systems; exceptions .................. HB 600

Multiline Heavy Equipment Dealers and Suppliers; regulate .................. SB 148

Multiline Heavy Equipment Dealers and Suppliers; regulate

SB 141

State Minimum Standard Codes; enforcement; licensing of trades

HB 154

CONSUMER AFFAIRS COMMITTEE; Senator Frank Albert act as Chairman ........................................................... Page 514

CONSUMER PROTECTION

Automobile Insurance Premium Costs; committee to study

SR 204

Automobile Rental Agreements; excessive fuel charges; prohibitions

SB 156

Campsite Time-share Programs; definitions; instruments; taxes; title

HB 773

Check-Cashing Centers; regulate; license signs; fees; rate; records

SB 246

Child Health Services Act; insurance coverage; physical check-ups

SB 124

Food; misleading advertisements ........................................... HB 195

Going Out of Business Sales; prohibitions; misrepresenting

HB 193

Health Spa Membership Contracts; requirements; violations; penalties

HB 341

Insurance Agents; insurer termination of contracts; grounds; notices

SB 125

Insurance Brokers; placement of insurance with certain insurers............... HB 181

Insurance Companies; complaints against; public dissemination

SB 31

Insurance Consumer Advocate; create position; duties

SB 36

Insurance Consumer Advocate; create position; duties; rate filing

SB 33

Insurance Consumers; complaints of unfair termination of agents

SR 27

Insurance Industry Evaluation Report; duty of insurance commissioner

HB 178

Insurance Rating, Underwriting Rules; regulation; filing; review ............... SB 300

Insurance; accident and sickness policies; termination; prior notice

HB 203

Insurance; cancellation of policies by the insured; procedures ................. HB 511

Insurance; coverage for damaged auto safety equipment; requirements

SB 224

Insurance; coverage information; out-of-state group master policies

HB 674

Insurance; direct response advertising; deceptive practices

HB 183

Refer to numerical index for page numbers

2452

JOURNAL OF THE SENATE

CONSUMER PROTECTION (Continued)

Insurance; group accident and sickness; grace payment period

HB 207

Insurance; medicare supplement policies; deceptive practices

SB 234

Insurers; disclosure to claimant or attorney certain information

SB 175

Insurers; duty to provide claimant coverage information on insured

HB 216

Motor Vehicle Dealers, Importers, Manufacturers; committee to study

SR 56

Motor Vehicle Insurance; new purchasers; underwriting decisions

SB 127

Motor Vehicle Insurance; total loss claims; value determination

SB 32

Personal Automobile Insurance; costs containment; committee to study

SR 60

Promotional Giveaway or Contests; prohibit

SB 108

Vehicle Leasing, Rental Companies; regulate

HB 565

Vehicle Rentals; prohibit require gasoline gauge register empty

SB 130

Vehicle Repairs; garages, bodyshops, insurers; unfair trade

practices ............................................................... HB 201

Vehicle Service Agreements, Extended Warranties; regulate

HB 314

Vehicle Towing and Wrecker Companies; committee to study

SR 245

Water; residential service; past due bills; disconnect limitations

SB 15

CONTESTS, PROMOTIONAL GIVE-AWAYS; prohibit

SB 108

CONTRACTORS

Building Construction; state minimum standard codes; licensing

of trades ............................................................... HB 154

Conditioned Air; subcontracted work; licenses; exceptions

HB 600

Electrical, Plumbers, Conditioned Air, Low-voltage; examination for

licensure; failure to pass; requirements

HB 344

Employer Liability for Negligent Torts of Independent Contractors

SB 81

Fire Sprinkler Companies; competency certificates; requirements

HB 535

Imposition of 4% State Sales Tax; bids at prior tax rate

HB 474

Lawn Sprinkler Systems; installers, repairers; licensing exception

HB 600

Public Works; bid bonds; conditions to relieve bond responsibilities

SB 44

Public Works; bid bonds; payment; security deposits; breached bonds

HB 679

Utility; licensing; revocation; bids; foremen, certification

SB 140

CONTRACTS

Building and Construction; bids prior to 4% sales tax rate

HB 474

Code Revision, Title 13..................................................... HB 93

Health Spas Memberships; requirements; cancellation rights;

penalties

HB 341

Motor Vehicle Sales Financing; credit approval; vehicle delivery

SB 263

Municipalities of 400,000; leases within radius MARTA station

HB 497

Municipalities of 400,000; 50-year lease; downtown development area

SB 323

Private Solid Waste Collection, Disposal Services; expiration date

SB 237

Public Works; bids; privatized entity functioning for public agency

SB 296

Public Works; bond requirements, contracts not exceeding $40,000

HB 309

Public Works; contractors; letters of credit in lieu of bonds

HB 269

Public Works; payment bonds; security deposits; filing; actions

HB 679

Public Works; surety bonds; protection of persons supplying materials

SB 44

Public Works, Road Systems; negotiated; bids; waivers

SB 274

State; approval exemption; State Board of Technical and Adult

Education .............................................................. HB 427

Trade Secrets; definition; contractual rights

HB 252

Transportation Department; bids by disadvantaged businesses

SB 131

Transportation Department, Equal Opportunity Office; director

SB 126

Water Facility Projects; Natural Resources Department powers

SB 86

Refer to numerical index for page numbers

INDEX

2453

CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies or Crimes

and Offenses)

Contraband Property Seizure; disposition; informant payments

SB 288

Contraband Property; seizure; disposition; informer rewards

SB 146

Drug Abuse and Drug Trafficking Study Committee ......................... SR 199

Drug Crimes; buildings used in connection; closure; local ordinances

HB 810

Drug Trafficking Cases Involving Murder; imposition of death penalty

SB 222

Drug Trafficking; committee to study use of National Guard to combat

SR 6

Drug Trafficking; distributing to minors; criminal penalties

HB 520

Drug Trafficking; felony offense; mandatory prison sentences

SR 57

Drug Trafficking; felony offenses; increase penalties ........................... HB 30

Drug Trafficking; imprisonment without parole; amend Constitution

SR 96

Drug Trafficking; mandatory prison term; no furloughed sentence

SB 219

Drug Trafficking; persons convicted not eligible pardon or parole

SB 220

Drug Trafficking; persons convicted; prohibit pardon or parole

SR 65

Drug Trafficking, Distribution; not bailable offense........................... SB 221

DUI; persons disqualified from driving commercial vehicles

HB 130

Marietta-Cobb County Anti-Drug Commission Act; enact

SB 340

Persons Authorized to Order to Dispense Drugs; criteria

HB 209

Schedule Listings; change; exclusions; dangerous drugs, definition

HB 69

Taxation and Penalties; no immunity from criminal prosecution

SB 284

Trafficking, Possession on School Property; criminal penalties

SB 204

COOK COUNTY; motor vehicle registration; staggered tag sales

HB 410

CORDELE, CITY OF; city commission; election; terms; municipal court

HB 615

CORONERS (See Medical Examiners or Public Officers, Employees)

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS

Business Corporation Code; extensive revision of chapters .................... HB 335

Commercial Paper; notice of dishonor; statement for reason

SB 187

Corporate Net Worth Tax; date of returns and payments..................... HB 489

Corporations; domestic and foreign; actions for torts; venue

SB 21

Corporations; family controlled; shareholders; directors; elections

SB 19

Corporations; insurable interest in the lives of certain persons

HB 472

Corporations; nonresident real estate brokers; licenses ..................

HB 340

Corporations; shares; rights, purchase options; corporate takeovers

HB 245

Corporations; sole shareholders; loss of income, auto accidents

HB 57

Credit Union Deposit Insurance Corporation; bylaws; fees;

liquidation ............................................................. HB 315

Filing of Documents, Registration, Reports with Secretary of State

HB 336

Financial Institutions; incorporation; name reservation; filing

SB 151

Foreign Corporations; service of process; procedures; fees ................

SB 321

Income Taxes; Subchapter 'S' corporation income; individuals

HB 486

Insurers; transferring corporate domicile; requirements

HB 566

Limited Partnerships; name reservation; registered agents;

certificates of merger; filing; annual registration; records inspection;

dissolution ........................................................ HB 334

Limited Partnerships; revisions, Georgia Business Corporation Code

HB 335

Nonprofit Corporation Code; revisions to Business Corporation Code

HB 335

Partnerships; dissolution; rights of partners; obligations;

agreements to continue business; vesting of title to property

HB 333

Practice of Interior Design; restrictions; licensure

SB 305

Private Foundations; revisions, Georgia Business Corporation Code

HB 335

Professional Corporation Act; revisions to Business Corporation Code

HB 335

Refer to numerical index for page numbers

2454

JOURNAL OF THE SENATE

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS (Continued)

Public Corporation; Metropolitan Atlanta Olympic Games Authority

HB 659

Secretary of State Corporations; revisions, Business Corporation

Code .............................................. ................... HB 335

CORRECTIONS (Also See Inmates or Jails

Board; transfer of crime victims emergency fund escrow account

SB 62

Children in Custody; education; procedures; records, release

SB 350

City Jails, Detention Facilities; funds; additional traffic fines

SB 363

Clayton Regional YDC; land exchange; Clayton County government

SR 120

Code Revisions, Title 42 ............................................. HB 93

Commissioner; membership; Governor's Development Council

HB 215

County Facilities; Jail Construction and Staffing Act; enact

SB 26

Delinquent Children; detention; no contact with adult offenders

SB 180

Department Tactical Squad; commend

SR 231

Department; implement Voluntary Surrender Program; regulate

HB 466

Detention Buildings and Facilities Authorities; local powers

SB 367

Facilities; employee night shift duty; salary supplement

SB 47

Facilities; employees; ineligible certain overtime pay

SB 46

Georgia Building Authority (Penal); revenue bonds

SB 257

Industries Administration; earnings; warehouse construction

SB 257

Inmates; certain felony crimes; no pardon, no parole

SR 96

Inmates; certain felony offenders; serve one-third of sentence

SB 280

Inmates; convicted felons serve minimum '/3 of sentence before parole

SR 37

Inmates; detainers, disposition pending indictment; changes Title 24

SB 336

Inmates; employment or training in the community

HB 576

Inmates, Felony; county boarding fees, medical costs; reimbursement

SB 149

Inmates; juvenile probation officers; funding; subsidy program

SB 227

Inmates; persons convicted drug trafficking; no pardon, no parole

SR 65

Inmates; prohibit furloughs; persons convicted drug trafficking

SB 219

Inmates; prohibit pardon, parole; persons convicted drug trafficking

SB 220

Inmates; transmittal of information on convicted persons; filing

SB 354

Jail, Prison Overcrowding; emergency facilities; rapid construction

HB 499

Jails, Joint Regional; operation procedures

HB 576

Juvenile Detention Facilities; legislative committee to review

SB 355

Juvenile Detention; basic principles, guidelines .............................. SB 371

Juvenile Felons; calculation of confinement time; prior detention

HB 111

Metropolitan Youth Development Center; close facility; other uses

SR 155

Parole Board; persons permitted appear; attorney's representative

SB 211

Peace Officers; retirement; creditable service; benefits

SB 210

Prison Guards; indemnification; subrogation, remove provisions

SB 85

Probation Supervisors; remove duty collect child support payments

SB 63

Probation; revocation; failure return residential facility

SB 66

Probation; suspension of sentences for child abandonment; procedures

SB 65

Probation; work or community service lieu of incarceration

SB 67

Probationers; absconded; running of probated sentence suspended;

date ................................................................... HB 616

Probationers; revocation; confinement alternatives; supervision

period ................................................... HB 94

Probationers; violation of terms; confinement jurisdiction

HB 576

Reidsville Prison; property easement; Oglethorpe Power, Altamaha EMC

SR 68

Southern States Correctional Association; recognize .......................... SR 115

Wardens and Guards; definition; Peace Officers' Benefits Fund

HB 43

Witness Fees; corrections, law enforcement officers

SB 103

YDC's; subsidies to counties to develop community based services

SB 383

Refer to numerical index for page numbers

INDEX

2455

COSBY, CHRIS, STAR STUDENT AND STAR TEACHER, JAMES KINCHEN; commend . . . .......................................................... SR 271

COUNSELORS, SOCIAL WORKERS, MARRIAGE AND FAMILY

THERAPISTS

Licensure ................................................................ SB 294

Marriage and Family Therapists; business license taxes; exemption

HB 194

COUNTIES (Also See Local Government)

Ad Valorem Taxes; special districts; reduction; insurance tax

proceeds .......... .................................................. HB 617

Alcoholic Beverages; dealer license application; notices of intent

HB 169

Alcoholic Beverages; Sunday sales; counties of 160,000 or more

SB 277

Ambulances Operated by Political Subdivisions; insurance coverage

SB 307

Annexation of Areas Furnished Services; applicable population

HB 962

Billiard Rooms; licensing and regulation; change provisions

SB 291

Board of Education; jurisdiction and taxation; annexed territories

SB 370

Board of Registrars; issuance of voter registration cards; duties

HB 72

Boards of Education; disciplinary proceedings; confidentiality

SB 368

Boards of Education; group health insurance for members; conditions

HB 440

Boards of Education; members; ineligibility; certain employment

SB 345

Boards of Health; community services for the mentally retarded; fees

HB 638

Boards of Health; members; attendance at meetings; compensation

HB 607

Boards, Authorities; membership; grand jury appointments; notices

HB 599

Bond Proceeds; authorized investments or reinvestments; restrictions

HB 631

Business License Taxes; exemption; marriage and family therapists

HB 194

Chief Magistrates; minimum compensation according to population

SB 372

Children and Youth At-Risk; innovative community programs; grants

SB 382

Children and Youth Commissions; establishment; funding mechanism

SB 353

Contracts for Public Works Not Exceeding $40,000; bond requirements

HB 309

Contracts for Public Works; letters of credit in lieu of bonds

HB 269

Contracts; public works; bids; functions delegated privatized entity

SB 296

Coroners; certification; annual training requirements

SB 192

Correction Institutions; boarding fees, medical costs; reimbursement

SB 149

Corrections; probationers; revocation; alternatives to confinement

HB 94

Corrections; probationers; revocation; confinement jurisdiction

HB 576

County Officers; candidate qualifications; affidavits

HB 407

Court Reporters, Senior Superior or State; duty to pay salaries

SB 73

Dangerous Dog Control Law; warning signs; uniform symbol design

SB 106

Dangerous Dog Control; registration; local ordinances

HB 630

Detention Buildings and Facilities Authorities; creation; powers

SB 367

Economically Distressed, Less Developed; designation; job tax credit

HB 240

Elected Officials Qualifying Other Office; office declared vacant

SR 42

Election Officials; mandatory annual training; exceptions; costs

HB 62

Elections and Primaries; counting of write-in ballot cards

HB 59

Elections; candidate financial disclosure; time of filing

SB 351

Elections; candidates for civil office; residency requirements

HB 401

Elections; candidates; challenges to qualifications; time period

HB 234

Elections; political party candidates; name list; errors;

certification .... . .......................................... HB 239

Elections; write-in candidates; notice of intent; filing; publishing

HB 408

Elections, Primaries; candidate filing procedures; change date

SB 165

Employees of County Officers; personnel administration

SR 139

Equipment and Supplies for Superior Court Clerk's Office

SB 183

Refer to numerical index for page numbers

2456

JOURNAL OF THE SENATE

COUNTIES (Continued)

Excise Tax on Rooms, Lodging; special districts; change rates,

local option .............................................................. HB 1

Excise Tax on Rooms, Lodging, Accommodations; aggregate taxes

HB 474

Expenditure of Funds; insurance, retirement; officers, personnel

SB 269

Expenditure of Funds; insurance, retirement; officers, personnel

SB 249

Family and Children Services; child protective intervention

HB 390

Family and Children Services; redetermination of public assistance

SB 98

Family Violence Centers; authorize grants of county funds

HB 469

Fire Departments; emergency powers; bomb threats

HB 217

Grand Juries; proposed increases to bailiffs, jurors; limitations

HB 96

Grand, Trial Jurors; selection; lists; compilation procedures

HB 524

Hazardous Waste; notification of facility permit applications

HB 75

Hepatitis Vaccination; firemen, EMS technician, public safety

officer..................................................... ........ SB 313

Historic Preservation Ordinances; districts, zones, sites

HB 799

Hospital Authorities; employee retirement; contracts; credit unions

HB 475

Hospital Authorities; member selection method; counties over 290,000

SB 97

Hospital Authorities; records; disclosure; exemption

HB 140

Hospital Authorities; reports; revenue receipts, expenditures

SB 184

Hospital Authorities; use of sales proceeds; additional powers

SB 229

Housing Authorities; commissioners; appointment; certain population

SB 154

Intracounty Toll Free Telephone Dialing; committee to study

SR 216

Jail Construction and Staffing Act; procedures to enact; funding

SB 26

Jails, Joint Regional; operation procedure; chief jailer;

appointment............................................................ HB 576

Juvenile Justice Services; community based programs; state subsidy

SB 383

Juvenile Workers; probation officers; funding; state subsidies

SB 227

Land-Disturbing Activities; expand authority; erosion control

SB 16

Local Independent Authority Indebtedness Reports; contents; filing

HB 248

Magistrates; official bonds and oaths; filing and recording

HB 108

Marinas; Natural Resources Department powers as to project

HB 263

Medical Examiner's Office; definition; medical legal investigator

HB 878

Medical Examiners; post-mortem exams and autopsies; fees; reports

SB 319

Metropolitan APDCs; operating expenses; contributing dues

HB 163

Motor Vehicle Registration and Taxing; staggered system; procedures

SB 339

Motor Vehicle Registration; distinctive license plates; name decals

HB 131

Motor Vehicle Registration; processors; performance bonds

HB 582

Northeast Georgia Surface and Air Transportation Commission; create

HB 853

Office of County Attorney; vacancies; reappointment; removal

SB 171

Officers; authority in personnel administration ............................... SB 179

Official Publishers of Legal Notices; probate court judges' duties

SB 145

Olympic Games Contracts; authority to participate

HB 659

Peace Officers; injured line of duty; compensation; time period

SB 389

Phosphorus Reduction Plans; regulate sale of household detergents

HB 719

Planning and Development; duty to coordinate; regional centers

HB 215

Planning and Zoning; land use plans; counties of 250,000 or more

SB 316

Police Chiefs; new appointees; chief executive training

SB 122

Probate Courts; judges; vacancies; chief clerk assume duties

SB 298

Probate Courts; jurisdiction; decedents in nursing homes at death

HB 157

Property Deed Records; guardianships of incapacitated adults; filing

HB 257

Property Deeds to Secure Debt; recording instruments; contents

HB 124

Property Seized for Drug Violations; use of proceeds; distribution

SB 288

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INDEX

2457

COUNTIES (Continued)

Property Sold for Taxes; redemption deadline; sheriff's

advertisement .......................................................... HB 123

Property Tax Digests; 'taxable value'; Redevelopment Powers Law

HB 247

Public Defender Office; General Assembly provide by local law

SB 251

Public Officials; wrongful use of office; offense of extortion

SB 218

Public Works Contractors; bonds; security deposits; breached bonds ........... HB 679

Public Works Projects; relocation assistance; land acquisition ................. HB 414

Recall of Public Officials; procedures; Recall Act of 1989; enact

SB 37

Revenue Bonds; debt incurred for public facilities; voter approval

SR 121

Revenue Bonds; issuance without referenda; committee to study

SR 138

Rewards; felony cases; authority to offer .................................... HB 432

Road Systems; negotiated contracts; bids; emergency waivers.................. SB 274

Sales Tax; imposition of 4% state sales tax; applicable provisions

HB 474

Sales Tax; joint county and municipal; new distribution formula

HB 220

Sales Tax; joint county, municipal; rate increase; limit authority

HB 45

Sales Tax; special 1 % for schools; other revenue sources....................... SR 97

School Property Tax Digest; committee to study calculation

procedures

..... SR 152

School Property Tax Digest; standards; assessment-ratio-value

SB 325

School Property Tax Digest; state auditor preparation; calculation

HB 421

Solid Waste Disposal Facilities; local assistance; loans; fees .................... SB 83

Solid Waste Disposal Facilities; siting decisions; public notices

SB 70

Solid Waste Disposal Sites; limit authority; counties of 295,000

SB 226

Solid Waste Disposal Sites; permits; adjoining county approval................ HB 102

Solid Waste Handling or Disposal; additional local regulations

SB 96

Solid Waste; multijurisdictional facilities; committee to study

SR 103

State Courts of; judges; elections; residency qualifications

HB 192

Surveyors; abolish elected office; provide for appointment

HB 288

Unincorporated Areas; services, funding; insurance tax fees proceeds

HB 617

Vital Records; cremated remains; filing; burial at sea

SB 252

Voter Registrars; chief deputies; exempt certain restrictions

HB 346

Voter Registration; permanent additional sites; deputy registrars

HB 63

Water Facility Projects; contracts; user agreements

SB 86

Water Supply Protection Act; management plans; filing; duties

SB 157

Water; pollutant spills at water, sewer treatment works; notices

HB 345

Water; priority during shortages; nurserymen, landscapers

SR 237

COURTS (Also See Judicial Circuits or Superior Courts)

Affidavits; absconded probationers; probated sentence suspended;

date ................................................................... HB 616

Alcovy Judicial Circuit; superior; judges; salary supplement

HB 903

Appellate Court Judges; compensation

HB 55

Appellate; appeals of judgments concerning child custody cases ............... SB 238

Atlanta Judicial Circuit; superior; additional judge ........................... HB 721

Atlantic Judicial Circuit; additional superior court judge...................... SB 167

Bail; offenses bailable only before superior court judges

SB 255

Bailiffs; compensation; jurors, expense allowance; increase

HB 96

Blue Ridge Judicial Circuit; judges; salary supplement ....................... SB 406

Blue Ridge Judicial Circuit; superior; judges; county supplement

HB 1080

Chattahoochee Judicial Circuit; superior; fifth judgeship

HB 559

Cherokee Judicial Circuit; superior; additional judge, court

reporter

...................... HB 922

Children at Risk; protective intervention services; orders; clarify

HB 390

Refer to numerical index for page numbers

2458

JOURNAL OF THE SENATE

COURTS (Continued)

Civil Actions; fees due Sheriffs' Retirement Fund; delinquent

payment ............................................................... HB 643

Civil Actions; medical malpractice; statue of limitation; affidavit .SB 329

Civil Actions; pleadings; written requests for admission; answers

HB 354

Civil Actions; renewal after dismissal; payment of costs

SB 329

Civil; tort for abusive litigation; remedies

HB 332

Civil; torts; product liability; certain drug manufacturer; damages

SB 190

Civil; traffic infractions; alternative methods of adjudication

SR 201

Civil; trials; alternate jurors; retain until agreed upon verdict

HB 106

Clayton Judicial Circuit; district attorney; county supplement

HB 1003

Clayton Judicial Circuit; superior court; judges; supplement

HB 1004

Clerks; duties; appearance bonds; detainers; forfeiture proceedings

HB 187

Clerks; duties; transmittal of information on convicted persons

SB 354

Clerks; fines, forfeitures; duty to disburse; county jail fund

SB 26

Cobb Judicial Circuit; court administrator, support personnel

SB 176

Cobb Judicial Circuit; district attorney, assistants; compensation

HB 977

Cobb Judicial Circuit; superior; judges; county supplement

HB 982

Code Revision, Title 15..................................................... HB 93

County Judicial Officers; employees; personnel administration

SR 139

Court Appointed Special Advocates of Kids of Georgia (CASA); commend

SR 167

Court Reporters, Senior Superior or State; creation of office

SB 73

Coweta Judicial Circuit; superior court judges; salary supplement

SB 332

Criminal Cases; evidence; competency of witnesses; children

HB 218

Criminal Procedure; bench warrants; failure to appear; accusations

HB 495

Criminal Procedure; defendant voluntary surrender program; contempt

HB 466

Criminal Proceedings; entry of a nolle prosequi; required notices

HB 322

Death Penalty Cases; jurors divided on sentence, judge's authority

SB 25

Death Penalty; certain drug trafficking cases involving murder

SB 222

District Attorneys; investigators; evidence; changes to Title 24

SB 336

District Attorneys' Retirement System; creditable service

SB 72

Eastern Judicial Circuit; fifth judge; Chatham County

HB 306

Employees of County Officers; personnel administration

SB 179

Evidence; cases of drug trafficking, possession on school property

SB 204

Evidence; criminal history records

HB 380

Evidence; documents in possession of attorney; search and seizure

HB 356

Evidence; prosecution for rape; complaining witness, sexual behavior

HB 229

Evidence; rape prosecution; admissibility of past sexual behavior

SB 100

Evidence; revise and supersede Title 24 ..................................... SB 336

Evidence; revise, supersede Code Title 24 ................................... SB 336

Evidence; witness fees; payments to certain law enforcement officers

SB 103

Evidentiary Issues; State Bar of Georgia report; committee to study

HR 317

Fines and Forfeitures; additional penalties; county jail fund

SB 26

Foreclosure; liens on abandoned vehicles; agents for lienholders

SB 328

Forfeiture of Bonds or Recognizances; practices; procedures

HB 187

Frivolous Actions and Defenses; assessment of litigation costs

HB 525

Grand and Trial Jurors; selection; compilation procedures

HB 524

Gwinnett Judicial Circuit; superior; judges; salary supplement

HB 1066

Indigent Defense; creation of county office of public defender

SB 251

Indigent Defense; funding; interest on attorney-client trust

account ................................................................ HB 105

Judges; superior; retirement benefits; domestic relations orders

SB 160

Judges; superior; retirement contributions; member reelected 1988

SB 160

Judges; superior; retirement contributions; member reelected 1988

SB 75

Refer to numerical index for page numbers

INDEX

2459

COURTS (Continued)

Judges; superior; retirement membership rights

SB 79

Judges; superior; retirement membership; certain 75 year old person

SB 76

Judges; Superior, Appeals, Supreme; nonpartisan elections, primaries

SB 165

Judges, Trial and Solicitors Retirement Fund; creditable service

SB 71

Judgeships; committee to study ethnic makeup, elections, districts

SR 111

Judicial Officers; issuance of fire safety inspection warrants ................... SB 261

Judicial Sales; rates for legal advertisements................................. HB 839

Juries; investigative grand and trial; judicial circuits; establish

SR 58

Jury Lists, Boxes; trial, grand juries; compilation procedures

HB 524

Jury Trials Determining Child Support Award Amount; orders;

guideline ............................................................... HB 139

Juvenile Felons; confinement time; calculation of prior detention

HB 111

Juvenile Justice System; legislative committee to review ...................... SB 355

Juvenile Offenders, Purchase of Services Program; commend .................. SR 149

Juvenile Probation Officers, Detention Centers Staff; retirement

SB 28

Juvenile Proceedings; imposition of interim control or detention

SB 371

Juvenile; delinquency hearings; records of designated felony acts

SB 191

Juvenile; delinquency proceedings; district attorney duties; records

SB 287

Juvenile; foster care review panels; commend and encourage

SR 148

Juvenile; intake workers, probation officers; funding subsidies

SB 227

Juvenile; judge; administrator of children and youth investment fund

SB 353

Juvenile; places of detention of delinquent children; limitations

SB 180

Juveniles; alcohol, drug violations; driver's license suspension .................. SB 68

Juveniles Committed to YDCs; community based services; subsidies

SB 383

Lookout Mountain Judicial Circuit; additional judge, court reporter

SB 132

Macon Judicial Circuit; district attorney; salary supplement .................. HB 906

Macon Judicial Circuit; superior; judges; county supplement

HB 642

Magistrate; chief magistrates; minimum compensation ........................ SB 372

Magistrate; civil claims; jurisdiction; amount in controversy

HB 743

Magistrate; waivers of extradition; jurisdiction ............................... SB 139

Magistrates' Retirement System; establish under board of trustees

SB 283

Misdemeanor Cases; bail; driver's license accepted as bail

HB 590

Misdemeanors; punishment; increase fines ..................................... HB 2

Municipal; fines, forfeitures; additional penalties; county jail fund

SB 26

Municipal; jurisdiction; misdemeanor traffic offenses ......................... HB 443

Northeastern Judicial Circuit; judges; salary supplement...................... SB 405

Probate Court Judges Council; education materials; member contracts

SB 104

Probate Courts; judges; retirement; calculation of benefits ..................... SB 58

Probate Judges, Executive Council of Georgia; members; election;

term ................................................................. HB 107

Probate; clerks and chief clerks; authority; marriage ceremonies

SB 197

Probate; judge or clerk; duties; filing guardianship of property

HB 257

Probate; judges; duty to file magistrates' bonds and oaths .................... HB 108

Probate; judges; notify Secretary of State of official county organ ............. SB 145

Probate; judges; salaries; longevity increases ................................. SB 159

Probate; judges; vacancies; chief clerk assume duties; compensation

SB 298

Probate; judges, retired; marriage ceremonies, authority to perform

HB 339

Probate; jurisdiction; trustees; resignation proceedings ........................ HB 259

Probate; marriage licenses; immediate issuance; sanctions ..................... HB 463

Probate; traffic misdemeanors; district attorneys and state court

solicitors; duties ........................................................ SB 273

Probate; wills, administration of estates; resident county at death

HB 157

Probate; wills, trusts, administration of estates; petitions ..................... HB 357

Refer to numerical index for page numbers

2460

JOURNAL OF THE SENATE

COURTS (Continued)

Probation Officers; Clayton Judicial Circuit; salary supplement

HB 1021

Probation Officers; Houston Judicial Circuit; county supplement

HB 1061

Probation Officers; Lookout Mountain Judicial Circuit; supplement

HB 1002

Probation Supervisors; superior, state; jurisdiction defined

SB 69

Prosecuting Attorneys; time served; redefine district attorneys

HB 251

Prosecutors; training; criminal, traffic case penalties to fund

SB 322

Sentences; revocation of probation; use of confinement alternatives

HB 94

Sentencing; convicted felons serve minimum '/i of sentence before

parole .................................................................. SR 37

Sentencing; death penalty cases; deadlocked jurors; judge's authority

SB 25

Sentencing; drug trafficking; mandatory prison term; no furloughs

SB 219

Sentencing; drug trafficking, felony offense; prohibit modification

SR 57

Sentencing; life imprisonment without parole; certain murder cases

SR 96

Sentencing; voluntary surrender program; criteria; running of

sentence ............................................................... HB 466

Sentencing; work or community service as condition of probation

SB 67

Sheriffs; retirement membership; dues; prior service claims

SB 120

Sheriffs; retirement; single life annuity; increase benefits

SB 121

Sheriffs; salaries; longevity increases ........................................ SB 159

Sheriffs; tax sales; advertisement of deadline date, foreclosure

HB 123

Solicitors; retirement contributions; repeal fee system provisions

SB 71

Southern Judicial Circuit; additional judge; conditional effective

date ................................................................ SB 142

State; candidates for judge; residency; reopened qualifying period

HB 192

State; retired judge or judge emeritus; judicial assistance;

compensation ............................................................ HB 10

State; solicitors; duties; bad check complaints; processing

SB 189

Stone Mountain Judicial Circuit; superior; judges; county supplement

HB 886

Superior; appeals; workers' compensation; date of entry of judgment

HB 274

Superior; clerks; debt instruments; cancellation; recording; fees

HB 898

Superior; clerks; deeds or bills of sale to secure debt; recording

HB 124

Superior; clerks; duties; books, dockets, records, indices; fees

SB 183

Superior; clerks; duties; land title register ................................... HB 210

Superior; clerks; fees; Georgia Business Corporation Code

HB 335

Superior; clerks; fees; limited partnerships

HB 334

Superior; clerks; salaries; longevity increases ................................. SB 159

Superior; complaint for forfeiture of contraband property; filing

SB 23

Superior; deed records; guardianships of property; index; fees

HB 257

Superior; disclosure hearings; documents seized from law offices

HB 356

Superior; district attorneys; victims of bad check complaints

SB 189

Superior; divorce mediation proceedings; local circuit rules

SB 181

Superior; hearings; bonds; persons charged drug trafficking

SB 221

Superior; judges; retirement; vesting requirements; senior judges

SB 279

Superior; judges' secretaries; reemployed; pay step level

HB 191

Superior; notices of upcoming grand jury appointments

HB 599

Superior; petitions for receiver for long term care facilities

SB 366

Superior; senior judges serving as judges; compensation

SB 324

Supreme; justices; compensation

HB 55

Tallapoosa Judicial Circuit; change terms ................................... HB 412

Tort Actions; independent contractors; employer liability

SB 81

Tort Actions; peace officers, firefighters, public safety employees

SB 22

Tort Actions; venue of actions involving business corporations

SB 21

Tort of Abusive Litigation; defense to claims; costs; fees

HB 332

Refer to numerical index for page numbers

INDEX

2461

COURTS (Continued)

Tort of Abusive Litigation; definitions; prosecution of claims

SB 239

Tortious Injury; admissible evidence; compensation for damages............... SB 289

Torts; libel actions; visual or sound broadcasts; retraction;

evidence ............................................................... SB 239

Torts; personal injury claims of minors; damages; compromise awards.......... SB 207

Torts; product liability actions; duty of manufacturer ........................ SB 278

Trials; arraignment; notice of date; time for mailing........................... HB 19

U.S. Attorneys, Assistant Attorneys; authority to carry firearms ................ SB 20

Victims of Crime; emergency fund; distribution; administration ........ SB 62

Witnesses; children; competency to testify; evidence.......................... SB 216

Witnesses; competency of child victim of or witness to a crime ................ HB 218

Witnesses; defendant testimony; character or prior convictions ................ SB 217

Witnesses; minor victims; taking of testimony; admissibility................... SB 153

COVERDELL, HONORABLE PAUL D.; Director of the Peace Corps; commend SR 254

COVERDELL, SENATOR PAUL; excused, U.S. Senate confirmation hearing ................................................ Pages 564, 591, 1122, 1193

COWAN, MICHAEL, NATIONAL 4-H CHAMPIONSHIP; commend ............ SR 71

COWETA JUDICIAL CIRCUIT; superior court; judges; salary supplement; Coweta, Carroll, Heard, Meriwether, Troup Counties; apportionment............................................................ SB 332

COX, HONORABLE WALTER E.; condolences to family

SR 190

CRAWFORD COUNTY District Attorney; supplement to salary ..................................... HB 906 Law Library; additional magistrate court fee ................................ HB 828

CREDIT UNIONS

Credit Union Deposit Insurance Corporation; bylaws; voting procedure;

membership fees; refunds; liquidation ..................................... HB 315

Directors and Officers; duties; removal from office; powers .................... HB 316

Municipal, County, or Hospital Authorities; retirement membership

HB 475

CREEK INDIAN TRAIL SCENIC HIGHWAY; designate in Randolph, Clay Counties ............................................................ HR 228

CRIME INFORMATION CENTER; criminal history records; dissemination; evidence; parties to lawsuits ............................................... HB 380

CRIME VICTIMS (See Victims of Crime or Courts)

CRIMES AND OFFENSES

Abandonment of a Child; suspension of sentences; procedure

...

SB 65

Abandonment; offense of reckless abandonment; felony penalty ................ HB 29

Aircraft; operating under influence of alcohol or drugs; penalties .............. HB 265

Bad Checks; foreclosure; commercial transactions ............................ SB 185

Bad Checks; incarceration period, fines; increase ............................. SB 231

Bad Checks; liens on merchandise or services rendered ....................... SB 186

Bad Checks; penalties; multiple checks; fictitious checks ...................... SB 188

Bad Checks; victim complaints; district attorney, solicitors office .............. SB 189

Bail Jumping; failure to appear in court; bench warrants .......

HB 495

Bingo Games; evidence; changes made to Title 24............................ SB 336

Bomb Threats; local fire departments; expand emergency powers .............. HB 217

Buying and Selling Human Fetuses; prohibitions............................. HB 634

Capital Felonies; persons not eligible voluntary surrender program ............ HB 466

Refer to numerical index for page numbers

2462

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued)

Child Molestation; evidence; children; competency to testify

SB 216

Child Victims or Witness to a Crime; competency to testify. ................. HB 218

Code Revision, Title 16...................................... .......... HB 93

Controlled Substances and Dangerous Drugs; change listing; exclusion

HB 69

Controlled Substances; anabolic steroids; illegal use, distribution

HB 71

Controlled Substances; change mandatory prison terms; no furloughs

SB 219

Controlled Substances; contraband and forfeited property; seizure ............. SB 288

Controlled Substances; trafficking, distribution; no pardon, parole ............. SB 220

Controlled Substances, Marijuana; contraband property; forfeiture

SB 146

Cruelty to Children; taking of testimony; admissible evidence ................. SB 153

Dead Bodies or Bodily Parts; place of interment; unlawful removal

SB 275

Devil Worshipers; unlawful remove bodily parts from a grave

SB 275

Driving With Suspended License or Tag; no insurance; punishment

HB 99

Drug Trafficking Cases Involving Murder; imposition of death penalty

SB 222

Drug Trafficking; committee to study means to combat...... ............. . SR 199

Drug Trafficking; controlled substances and marijuana; penalties

HB 30

Drug Trafficking; distributing to minors; criminal penalties

HB 520

Drug Trafficking; felony offense; mandatory prison sentences................... SR 57

Drug Trafficking; imprisonment without parole; amend Constitution

SR 96

Drug Trafficking; persons convicted; prohibit pardon or parole

SR 65

Drug Trafficking; public schools; prohibit electronic paging devices

SB 14

Drug Trafficking; public schools; prohibit electronic paging devices

HB 166

Drug Trafficking; sentencing; mandatory prison term; no furloughs ............ SB 219

Drug Trafficking, Distribution; not bailable offense

SB 221

Drug Trafficking, Distribution, Manufacture; no pardon or parole

SB 220

Drug Trafficking, Possession on Property Used for School Purposes ........... SB 204

Drugs; buildings used in connection with; closure; local ordinances

HB 810

Drugs; marijuana, controlled substances; taxation and penalties .......... ... SB 284

Escape; probationers; failure return corrections residential facility

SB 66

Extortion by Public Office; wrongful use of office; penalties ................... SB 218

False Swearing; witnesses before certain legislative committee ................... SR 7

Felonies; seizure of contraband property; forfeiture procedures ........... ... SB 23

Felony Cases; rewards; local government authority ..................... . . HB 432

Felony Offenders; definitions; restrict eligibility for parole ............. . .... SB 280

Felony; convicted felons serve minimum Vij of sentence before parole ........... SR 37

Fire Sprinkler Companies, Employees; violations; criminal sanctions

HB 535

Firearms Dealers; regulate pistol, revolver sales; prohibitions

SB 91

Firearms; possession; exempt U.S. attorneys, assistant attorneys ......... . ... SB 20

Firearms, Archery Tackle Used Hunting Wildlife; unsafe use; penalty

HB 494

Foreclosure Fraud; change incorrect reference within O.C.G.A.

HB 92

Fraudulently Obtaining Public Assistance; duty of DHR to prosecute

SB 128

Fraudulently Obtaining Public Housing; definition

SB 52

Gambling; crane game machines; applicability; exception

SB 290

Giving False Birthdate to Law Enforcement Officer; misdemeanor

HB 32

Homicide, Site of; disclosure to purchasers of real estate

HB 519

Industrial Life Insurers; premiums exceeding benefits; misdemeanor

SB 29

Law Enforcement Officers; exceeding certain speed limit; penalties

SB 330

Minors; designated felony acts; records; inspection; sealed records

SB 191

Misdemeanors; punishment; increase fines ..................................... HB 2

Murder; imprisonment without parole; amend Constitution .................... SR 96

Nuisances; agricultural facilities; exceptions ................................. HB 692

Offense of Escape; failure to surrender voluntarily; penalties

HB 466

Public Officials; conviction for crimes, malfeasance in office

SR 116

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INDEX

2463

CRIMES AND OFFENSES (Continued)

Racketeer Influenced and Corrupt Organizations Act (RICO);

revisions to Georgia Business Corporation Code

HB 335

Racketeering; financial institutions; currency transactions

HB 316

Rape; prosecution; evidence; complaining witness, past behavior

HB 229

Rape, Prosecution for; witnesses' past sexual behavior; evidence ...... .SB 100

Reporting Stolen Vehicle to Insurers; penalty for false statements .............. SB 50

Serious Injury by Vehicle Involving Other Violations; redefine ................ SB 174

Serious Injury by Vehicle While Driving Recklessly; criminal offense

HB 64

Sexual Offenses; minor victims; taking of testimony; admissibility . . .

SB 153

Smoking in State Funded Public Places; designated areas only;

penalties .............................................................. SB 95

Traffic Violations; decriminalization of certain offenses ....................... SB 303

Vehicle Accidents; leaving scene involving injuries; penalties .................. SB 195

Vehicle Injury to Other Persons; fleeing or eluding police; felony ........ . .... SB 196

Vote Disclosure; persons assisting electors ................................... HB 405

Water Treatment Facilities; tampering or theft; municipal powers ............. SB 244

CRIMINAL JUSTICE COORDINATING COUNCIL Additional Member; representation of crime victim assistance program . . . HB 430 Membership; state school superintendent. ..................... ............. SB 101

CRIMINAL PROCEDURE

Abandonment of a Child; suspension of sentences; procedures ................. SB 65

Arraignment; notice of date; time for mailing; pretrial procedure

HB 19

Bail; appearance bonds; forfeiture; conditions; hearings; time limit

HB 187

Bail; petitions; hearings before superior court judges; procedures .............. SB 255

Bench Warrants; failure to appear; accusations; personal notice ............... HB 495

Children; competency to testify; evidence .... .....................

SB 216

Code Revision, Title 17................

............ HB 93

Crime Victims Compensation Board; administer victim emergency fund

SB 62

Death Penalty Cases; sentencing; divided jurors, judge's authority ....... SB 25

Death Penalty; imposition for murder involving drug trafficking ...... . . . . . SB 222

Drug Trafficking; persons charged not entitled to bail; hearings

SB 221

Drug Trafficking; sentencing; mandatory prison term; no furloughs

SB 219

Evidence; admissibility of certain testimony by children ...................... SB 153

Evidence; hearings; pleas; verdicts; changes made to Title 24......... ....... SB 336

Extradition Waivers; magistrate court jurisdiction ..................... ... SB 139

Juvenile Detention Prior to Adjudication; guidelines

SB 371

Juvenile Felons; confinement orders; calculation of prior detention

HB 111

Juveniles; pretrial detention facilities; procedures; limitations ................. SB 180

Misdemeanor Cases; bail; driver's license accepted as bail;

procedures ....... ................. .......

..... HB 590

Misdemeanors; punishment; increase fines up to $2,000 ......................... HB 2

Nolle Prosequi; notice to defendant, defendant's attorney

HB 322

Peace Officer and Prosecutor Training; funding; additional penalties

SB 322

Persons Convicted of Drug Trafficking; no pardon, no parole

SR 65

Polygraph Tests; examinee rights; evidence of medical treatment

SB 102

Property Used Commission of Felony; forfeiture procedures

SB 23

Prosecution for Rape; complaining witness; past behavior; evidence

HB 229

Public Defender; counties; General Assembly provide by local law

SB 251

Rape Prosecution; evidence; witnesses' past sexual behavior................... SB 100

Search of Law Offices; seizure of evidence; procedure;

special masters ............................... ......................... HB 356

Search Warrants; property seizure; controlled substances violations ............ SB 288

Refer to numerical index for page numbers

2464

JOURNAL OF THE SENATE

CRIMINAL PROCEDURE (Continued)

Serious Injury by Vehicle Involving Other Violations; redefine ................ SB 174

Trials; defendant testimony; evidence; character, prior convictions

SB 217

Voluntary Surrender Program; sentencing; eligibility; bonds,

recognizances ........................................................... HB 466

CULPEPPER, JUDGE ROBERT E. LEE, JR.; condolences to family ........... SR 210

CUTHBERT, CITY OF; elections; mayor, councilmen; taking of office; term HB 1058

D

DADE COUNTY Lookout Mountain Judicial Circuit; probation officers; county supplement............................................................ HB 1002 Superior Court; additional judge, court reporter; elections .................... SB 132

DALTON, CITY OF; subpoena powers; hearings, investigations; Public Safety Commission ............................................................. HB 1056

DANIELSVILLE, CITY OF; mayor and councilmen; terms of office .......... HB 870

DANNER, D. T. OF LINCOLN COUNTY; commend ........................... SR 11

DAUGHTRY, HAMPTON LAMAR; commend ................................ SR 150

DAVIS, REBECCA E.; commend.............................................. SR 48

DAVIS, VAN; condolences to family.......................................... SR 263

DAWSON COUNTY Sheriff; compensation ..................................................... SB 397 Superior Court; judges; salary supplement................................... SB 405

DAWSON, CITY OF

Corporate Limits; change .................................................. HB 880

Mayor and Councilmen; elections, change provisions

HB 884

DAY CARE CENTERS; Operated by Local Churches, Religious Nonprofit Organization, School; regulation; commissioning; fire safety ................... HB 114

DEAF PERSONS (See Handicapped or Hearing Impaired)

DEAL, ROSCOE 'ROCKY'; commend ......................................... SR 18

DEATH PENALTY (Also See Courts or Sentence) Capital Cases; jurors deadlocked as to sentencing; authority of judge ........... SB 25 Cases Involving Trafficking in Drugs and Murder; imposition ................. SB 222

DEBTOR AND CREDITOR Deeds or Bills of Sale to Secure Debt; recording .......... HB 124 Deeds to Secure Debt; canceled, satisfied, mortgages; recording; fees................................................................... HB 898 Liens; merchandise or services paid for with bad check ....................... SB 186 Liens; pawnbroker, pawnshop transactions; prohibited acts. ................... SB 264
Liens; repair businesses; bicycle, motor scooter, moped, garden equipment ............................................................. SB 317

DECATUR, CITY OF; ad valorem; Tax Deferral for Elderly Act; enact ...... HB 722

DECEPTIVE PRACTICES (See Fair Business Practices or Commerce and Trade)

Refer to numerical index for page numbers

INDEX

2465

DEFENSE DEPARTMENT (See Military Affairs)

DEKALB COUNTY

Chief Executive Officer; salary; determination method ....................... HB 1045

Fulton-DeKalb Hospital Authority; Grady Hospital annual budget

summary............................................................... SR 186

Georgia Correctional Industries Warehouse Construction Project

SB 257

Special Services Tax Districts; ad valorem millage rate;

limitations ............................................................ HB 1033

State Court; additional assistant solicitor; change certain fees

HB 549

Stone Mountain-Britt Memorial Airport; urge stop expansion, sell

SR 200

Superior Court; judges; county supplement .................................. HB 886

DELOACH, FRED, JR. OF LOWNDES COUNTY; commend .................. SR 106

DELOACH, PERRY LEE OF CLAXTON; commend .......................... SR 229

DENSMORE, DAPHNE; March of Dimes Child, Middle Georgia; introduction ........................................................... Page 1725

DENTISTS; hospital staff privileges; disciplinary actions ...................... SB 333

DETENTION BUILDINGS AND FACILITIES AUTHORITIES LAW; enact .......................... ........................................ SB 367

DEVELOPMENT AUTHORITIES (Also See Authorities)

APDCs; establish regional development center as successor ................... HB 215

APDCs; land use plans; applicable to Mountain Protection Act ................. SB 1

APDCs; watershed management practices; approve local ordinances

SB 157

Georgia Development Authority; membership; composition .............. ...... SB 82

Metropolitan APDCs; operating expenses; contributing dues .................. HB 163

Metropolitan APDCs; powers as regional development center; duties

HB 215

Regional Development Centers; planning agency; state, federal

programs............................................................... HB 215

DEVIL WORSHIPERS; unlawful removal bodily parts from a grave

SB 275

DIETITIANS, BOARD OF EXAMINERS OF LICENSED; extend to 1995 HB 470

DISABLED (See Handicapped or Elderly)

DISTRICT ATTORNEYS (Also See Judicial Circuits)

Contracts with Office of Child Support Recovery............................. SB 115

Duties; prosecute traffic misdemeanors in probate courts

SB 273

Elections; judicial system; committee to study ............................... SR 111

Juvenile Courts; duties; delinquency proceedings; access to records

SB 287

Office; bad check division; establishment; complaints; warrants

SB 189

Prosecuting Attorneys; time served; redefine certain persons

HB 251

Retirement System; computed salary, years served; membership options

SB 72

Seizure of Contraband Property; filing complaint for forfeiture

SB 23

DIVORCE (Also See Domestic Relations)

Alimony and Child Support; enforcement; orders; extensive revision

HB 139

Child Custody; age child select parent with whom to live ..................... SB 391

Child Custody; appellate review of judgments; applications

SB 238

Child Custody; committee to study joint custody provisions................... SR 225

Child Support; duty of father in cases of legitimation of a child

HB 556

Intrafamily Litigation; child protective intervention; limitations ............... HB 390

Mediation Proceedings; superior court judge authority to order................ SB 181

Superior Court Judges Retirement System; domestic relations orders .......... SB 160

Refer to numerical index for page numbers

2466

JOURNAL OF THE SENATE

DOCTORS OF THE DAY

Anderson, Dr. Larry W. ................................................. Page 215

Antolic, Dr. Mladen .................................................... Page 1606

Bailey, Dr. P. Bates .................................................... Page 1726

Balsley, Dr. Robert S. .................................................. Page 1245

Beattie, Dr. James ..................................................... Page 2197

Byrd, Dr. Jeff ......................................................... Page 2034

Davis, Dr. H. Gordon, Jr................................................ Page 1473

Dunaway, Dr. Marshall................................................. Page 2034

Fowler, Dr. Raymond L.................................................. Page 598

Gamwell, Dr. John

Page 504

Gaston, Dr. J.H.

Page 853

Goler, Dr. K. Andrew

Page 1132

Hendricks, Dr. Edwin P., Jr. ............................................. Page 966

Hoose, Dr. Ken ......................................................... Page 142

Hubbard, Dr. Charles ................................................... Page 142

Hutchinson, Dr. J.R.B.

Page 136

Hutto, Dr.Mark......................................................... Page 200

James, Dr. W. Scott

Page 142

Jolley, Dr. Fleming ..................................................... Page 284

Kaufmann, Dr. James

Page 83

Killebrew, Dr. Jim ...................................................... Page 671

Kinard, Dr. Gene

Page 106

Lawson, Dr. David ...................................................... Page 337

Logan, Dr. William J. ................................................... Page 376

Maughon, Dr. James S................................................... Page 116

Maxey, Dr. Joy A. .............................................. Pages 93, 142, 519

Mayberry, Dr. William S................................................. Page 403

McDaniel, Dr. Burton

Page 937

McMicken, Dr. David

Page 453

Metts, Dr. James C., Jr ................................................. Page 326

Moreno, Dr. Hugo ...................................................... Page 142

Musarra, Dr. Tony ..................................................... Page 1095

Navarro, Dr. Romulo P. ................................................ Page 1217

O'Bryan, Dr. Roger

Page 228

Ollins, Dr. Robert ...................................................... Page 765

Rankin, Dr. Fred M. ................................................... Page 2018

Rasler, Dr. Frank ....................................................... Page 249

Schlegel, Dr. Gregory P. ................................................ Page 2018

Siegan, Dr. Steven W.................................................... Page 722

Smith, Dr. George L. Ill................................................. Page 572

Tallman, Dr. James M.................................................. Page 1382

Vickery, Dr. Lisa ......

Page 722

Wallace, Dr. Brian C. .................................................. Page 1318

Watson, Dr. Ben L. ......

Page 637

Weinstein, Dr. Victor ................................................... Page 453

Williams, Dr. Robert ................................................... Page 2003

DOERUN, CITY OF; elections; mayor, councilmen; terms of office

HB 786

DOGS; Dangerous Dog Control Law; standards and requirements of owners

HB 630

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INDEX

2467

DOMED STADIUM FACILITY

Funding; local option hotel-motel excise taxation; levy additional 1%

HB 1

Geo. L. Smith II World Congress Center Authority; contractural powers;

financing; revenue bonds; use of state funds; cost of project;

rental fees ............................................................. HB 223

Land Tract, Project No. GWCC-2, Georgia Dome; authorize sell surplus

SR 64

Property Leases; contracts with municipality of 400,000 ...................... SB 323

DOMESTIC RELATIONS

Abandonment of a Child; suspension of sentences; conditions .................. SB 65

Adoption; laws and programs; committee to study ........................... SR 185

Child and Spousal Support; enforcement; extensive revisions

HB 139

Child and Spousal Support; enforcement; revise extensively

SB 115

Child Custody; age child select parent with whom to live ..................... SB 391

Child Custody; appellate review of judgments; applications

SB 238

Child Custody; divorced parents; joint custody provisions; study............... SR 225

Child Protective Intervention Services; agency powers, limitations

HB 390

Child Support Cases; fees; superior court clerk

SB 183

Child Support; duty of father in cases of legitimation of a child

HB 556

Child Support; noncustodial parent; relief for payment obligation

SB 212

Child Support; reciprocal enforcement; collection of payments.................. SB 63

Counselors, Social Workers, Marriage, Family Therapists; licensure

SB 294

Cruelty to Children; reckless abandonment; felony penalty

HB 29

Divorce; mediation; superior court judge authority to order ................... SB 181

Families With Problems; state and local resources; public policy

SB 374

Family Violence Centers; funding; county or municipal grants

HB 469

Marriage Ceremonies; authority of Probate Court Clerks ..................... SB 197

Marriage Ceremonies; retired probate court judges' authority

HB 339

Marriage Licenses; immediate issuance; improper issuance; sanctions

HB 463

Uniform Reciprocal Enforcement of Support Act; payments

SB 63

DOOLEY, VINCE

Retirement as UGA Head Football Coach; recognize

SR 233

UGA Athletic Director; commend

.............. SR 197

DOUGHERTY COUNTY

Albany-Dougherty County Commission on Disadvantaged Youth; creation

HR 503

Albany-Dougherty County Joint Board of Elections; membership; terms;

powers ................................................................. HB 526

Board of Education; school districts; student transfer policies

HB 1019

DOUGLAS COUNTY Douglasville-Douglas County Water and Sewer Authority; members; appointment............................................................ HB 652 Sweetwater Creek Microwave Relay Station; lease; U.S. Corps of Engineers .............................................................. SR 164

DOUGLASVILLE, CITY OF; Douglasville-Douglas County Water and Sewer Authority; board of directors ............................................... HB 652

DOWNING, MELINDA; National 4-H Championship; commend

SR 81

DRIVER IMPROVEMENT CLINICS, SCHOOLS Committee to Study Alternatives in Civil Traffic Cases Defensive Driving Courses; regulation; vehicle insurance discounts DUI; license suspension; reinstatement; defensive driving courses

SR 201 HB 437 HB 916

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2468

JOURNAL OF THE SENATE

DRIVER'S LICENSE (Also See Motor Vehicles and Traffic)

Acceptance as Collateral for Bail in Misdemeanor Cases; procedure

HB 590

Birthdate; giving false date to law enforcement officer; misdemeanor

HB 32

DUI Offenders; probation; ignition blood alcohol monitoring device

SB 123

Fees; applicants 65 years or older; exemption

SB 56

Habitual Violators; condemnation, forfeiture of vehicles

SB 256

Habitual Violators; reckless driving; incarcerations; fines

SB 200

Handicapped Identification Cards; issuance; rules and regulations

HB 601

Issuance Restrictions; persons holding instruction permits

HB 402

Juveniles; mandatory suspension for alcohol, drug offenses

SB 68

Point Assessment; reckless driving, speeding violations; revise

HB 146

Revoked and Suspended Licenses; surrender and return

HB 601

Suspension; failure to comply noncriminal traffic citations .................... SB 303

Suspension; failure to have insurance; restricted driving permits

SB 7

Suspension; mandatory; failure to stop scene of accident

SB 195

Suspension; no insurance; punishment; surrender; restricted permits

HB 99

Suspension; provide for limited moped driving permits ....................... SB 304

Suspension; refusal to submit test; periods of suspension ..................... HB 185

Suspension; refuse chemical test following accident; periods of ................ SB 347

Suspension; reinstatement; completion of defensive driving course

HB 916

Suspension; requirements of courts in counties of 550,000 or more

SB 248

Uniform Commercial Driver's License Act; qualifications, standards

HB 130

DRIVING UNDER INFLUENCE, DUI

Chemical Tests; implied consent; refusal; license suspension

SB 347

Chemical Tests; refuse to submit to; periods of license suspension

HB 185

Habitual Violators; condemnation, forfeiture of vehicles ...................... SB 256

Juveniles; driving privileges, suspend until certain age......................... SB 68

License Suspension; reinstatement; defensive driving courses

HB 916

Operating an Aircraft; prohibited; chemical testing; penalties

HB 265

Probation; device on vehicles to monitor blood alcohol levels

SB 123

Serious injury by Vehicle Involving Other Violations; redefine

SB 174

DRUGS AND DRUG ABUSE

Aircraft; operating under influence of drugs; penalties

HB 265

Alcohol Treatment Programs; effective date postponed to July 1, 1995

HB 4

Athens-Clarke County Anti-Drug Commission; create

HB 959

Authority to Order or Dispense Drugs; nurses, physicians' assistants

HB 209

Buildings Used Connection With Crimes; closure; local

ordinances ............................................................. HB 810

Controlled Substances and Dangerous Drugs; change listings;

exclusions ............................................................... HB 69

Controlled Substances; contraband and forfeited property; seizure

SB 288

Controlled Substances, Marijuana; contraband property; forfeiture

SB 146

Controlled Substances, Marijuana, Cocaine Conviction; no pardon

or parole ............................................................. SB 220

Drug Abuse and Drug Trafficking Study Committee.......................... SR 199

Drug Dependent Persons; committee to study guardianship laws .............. SR 193

Drug Testing; persons involved serious injury by vehicle ...................... SB 347

Drug Trafficking Cases Involving Murder; imposition of death penalty

SB 222

Drug Trafficking; committee to study use of National Guard to combat

SR 6

Drug Trafficking; controlled substances and marijuana; penalties

HB 30

Drug Trafficking; distributing to minors; criminal penalties ................... HB 520

Drug Trafficking; distribution; not bailable offense

SB 221

Drug Trafficking; felony offenders; restrict parole

SB 280

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INDEX

2469

DRUGS AND DRUG ABUSE (Continued) Drug Trafficking; felony offense; mandatory prison sentences Drug Trafficking; imprisonment without parole; amend Constitution Drug Trafficking; mandatory prison term; no furloughed sentence Drug Trafficking; paging devices prohibited in public schools Drug Trafficking; paging devices prohibited in public schools Drug Trafficking; persons convicted; prohibit pardon or parole Drug Trafficking; Possession on School Property; penalties Drugs; product liability of manufacturers; damages; limitations Georgia National Guard; assistance in fighting drugs Juvenile Delinquent Acts; mandatory driver's license suspension Marietta-Cobb County Anti-Drug Commission Act; enact Marijuana and Controlled Substances; taxation and penalties Medicaid Prescription Drug Bidding and Rebate Program; establishment Medical Records; deceased persons; persons authorized examine Pharmacies Operated by Colleges; special permits Steroids, Anabolic; define as dangerous drug; distribution; penalty Youth Substance Abuse Rehabilitation Center; closed YDC facility
DUNCAN, FRANCES S., DIRECTOR, ELECTIONS DIVISION; commend
DUTTON, HOPE; National 4-H Championship; commend

SR 57 SR 96 SB 219 HB 166 SB 14 SR 65 SB 204 SB 190 SR 16 SB 68 SB 340 SB 284 HB 70 SB 40 HB 58 HB 71 SR 155
SR 214
SR 83

E

EAST DUBLIN, TOWN OF; ordinance violations; mayor prohibited pardon, suspend, commute sentence ................................................ HB 830

EASTERN JUDICIAL CIRCUIT; superior court; fifth judge; Chatham County ......................................................... HB 306

ECONOMIC DEVELOPMENT

Agricultural Commodities; peanut promotion; separate provisions

SB 276

Aquaculture Development Act, Georgia; enact

HB 420

Developmental Highway System; creation; road corridors identified

HB 16

Economically Distressed Counties; business job tax credits

HB 240

Industry, Trade, and Tourism; change name, title; department,

board, commissioner ..................................................... SB 82

Private Enterprise; restrict state agencies engaging in competition

SB 243

Redevelopment Powers Law; redefine 'taxable value' of property

HB 247

Seed Capital Fund; creation; investment capital for innovative firms

HB 151

Statewide Planning and Development Framework; creation of

HB 215

Transportation System; enhancement; committee to study

SR 168

ECONOMY AND EFFICIENCY IN STATE GOVERNMENT COMMISSION; create ............................................................ SR 140

EDUCATION COMMITTEE Governor's Appointments; report Senator Bev Engram act as Chairman

Page 1825 Page 740

EDUCATION (Also See Colleges and Universities or Schools or Teachers)

AFDC Recipients; school attendance requirements; benefit termination

SB 98

Appropriations; proceeds from a State Lottery; amend Constitution

SR 30

Athlete Agents; regulation; contracts; notices

SB 43

Campus Policeman; witness fees............................................ SB 103

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2470

JOURNAL OF THE SENATE

EDUCATION (Continued)

Code Revision, Title 20. ................................................. HB 93

College, University Campuses; radar speed detection devices; permits ..... HB 324

Compulsory School Attendance; change to age six...... ..................... SB 292

Contracts of Employment; termination proceedings; evidence ................. SB 336

County Boards; group medical and dental insurance for members

HB 440

County Boards; members; ineligibility; certain employment ................... SB 345

County Boards; members, superintendents; Recall Act of 1989; enact .... SB 37

County School Superintendents; candidacy qualification; filing ................ HB 407

Disrupting Classes; electronic communication devices prohibited

HB 166

Disrupting Classes; electronic devices, pocket pagers prohibited ................ SB 14

Disrupting Schools; abuse, insults to teachers, administrators

.... HB 166

Drugs; trafficking, possession on property used for school purposes .......... SB 204

Elementary; school readiness assessment; eliminate. ............. SB 57

Employment by Public, Private Institutions; prohibit discrimination

SB 232

Enrollment Eligibility Determination; change date

............. ....... SB 129

Georgia Military College; committee to study future policy, funding ............ SR 99

Georgia Student Finance Authority; incentive grants; maximum award

HB 160

Georgia Student Finance Commission; commissioners; compensation

HB 161

Gordon College; urge Board of Regents convert to four-year college............ SR 147

Guidance Counselors; kindergarten, primary, middle grades; funding

HB 628

Guidance Counselors; kindergarten, primary, middle grades; funding ............ SB 93

Hiring Practices of Public Schools; investigate racial imbalance ................ SR 52

Independent School Systems; boundaries after municipal annexation

..... SB 370

Liability Insurance; officials, employees; evidence; disclosure .................. SB 336

Local Boards; flexible insurance benefit plan; persons eligible;

rules................................................................... HB 724

Local Boards; sick leave banks or pools; authorize establishment .............. HB 370

Local School Boards; members; ineligibility; certain employment .............. SB 345

Local School Property Tax Digest; assessment method; arbitrators. ........ SB 325

Local School Property Tax Digest; preparation by state auditor; reports; calculation;

assessment ratios; board of arbitrators .................................... HB 421

Local School Systems; employment contracts; policies, procedures .............. SB 89

Local School Systems; isolated schools; sparsity grants; repealer ............... HB 415

Local School Systems; other revenue sources; special 1% sales tax ...

... SR 97

Local Schools; employment contracts; job descriptions .

.....

SB 293

Local Systems; revenue bond debt for buildings; voter approval ...

. SR 121

Local Systems; state aid computed on tax bills; attendance reports

.... SB 240

Minority Educators; recruitment, retention in public schools; study ... ....... SR 246

Nursing or Health Care Fields; financial assistance; hospital

authorities ............................

...

........

SB 229

Pharmacies Operated by Colleges; special permits .......... ................. HB 58

Postsecondary Education Act; private fine arts programs; exemption

..... SB 24

Postsecondary; trust investment program (GIERA) for AFDC recipients ...... SB 13

Professional Personnel; salary increases; contingent upon evaluation ........... HB 954

Proprietary Schools; certificates of authorization .......

.......... SB 113

Public School Bond Referendums; employee political activity; prohibit

SB 55

Public School Cafeteria Workers Weeks; designate .... ................... HR 229

Public School Choice; committee to study issue, plan. .

.............. SR 92

Public School Employees', Retirees; insurance; flexible benefit plans ........... HB 724

Public School Employees' Health Insurance Plan; eligibility;

coverage ......................................................... HB 608

Public Schoolteachers' Health Insurance; definition; coverage;

premiums ........... .

....... ...................... .... HB 606

Refer to numerical index for page numbers

INDEX

2471

EDUCATION (Continued)

QBE Formula Funds; direct instructional costs; FTE count calculation

HB 629

QBE Funding; questioned school property tax digests; corrections

HB 421

QBE; assessment of programs; uniform test instruments; contents ......... . HB 731

QBE; county school system FTE count; limit municipal annexation............ SB 362

QBE; FTE program; calculation of program adjustment amounts; dates .... SB 114

QBE; funding; guidance counselors; kindergarten, primary,

middle grades ...................... ............. ................... SB 93

QBE; funds; paraprofessionals, aides, secretaries; minimum salaries ............. SB 92

QBE; midterm adjustments; middle school grants; requirements

HB 449

QBE; sparsity grants to local systems; 'isolated schools' grant . . . .......... HB 415

QBE; youth in custody DHR or Corrections; local services; records

SB 350

School Bonds; issuance without referendum; certain municipality .............. SR 122

School Bus Drivers; employment change; transfer of unused sick leave ........ HB 337

School Bus Drivers; increase minimum salary................................ HB 850

School Buses; configuration and number of flasher lights; change

......... SB 213

School Buses; disruptive conduct prohibited; abuse of bus drivers ............. HB 166

School Buses; redefine term............... .............. ................. HB 592

School Disciplinary Tribunals; proceedings, record; confidentiality ........... SB 368

School Property Tax Digest, Equalized Adjusted; committee to study . . . . . SR 152

School Property, Bus, or Activity; criminal offenses involving drugs ......... SB 204

School-crossing Guards; powers .....................................

HB 128

South Georgia Technical Institute; property conveyance;

Sumter County ................... ........ .................. .

SR 175

State Board of Technical and Adult; contracts; approval; exemption

HB 427

State Board; importance of 1990 Census; urge student instruction ............. SR 247

State Board; members; public hearing requirements; notices; per diem

HB 221

State Board; membership; disqualifications; disclose business

interest ............ ................................................ SB 311

State Board; powers, duties; state library activities, holdings . . . . . ............ HB 587

State Board; provide for election; amend Constitution ........................ SR 102

State School Superintendent; state board appoint; amend Constitution. ........ SR 102

State Superintendent; membership; Criminal Justice Coordinating

Council .................. ............................................. SB 101

State Superintendent; membership; Governor's Development Council

HB 215

Student Assessment; primary grades; eligibility; test instruments ........

SB 205

Student Assessment; school readiness; test instruments; uniformity ...... ... HB 731

Student Discipline; pocket pagers, electronic devices prohibited

SB 14

Teachers; certification; basis for denial; test proficiency....................... SB 206

Teachers; certification; development program; stipend program

SB 90

Teachers; certification; performance assessment; exemptions .................. HB 375

Teachers; permit child attend school where parent teaches.................... HB 321

Teachers; retirement; creditable service; graduate study ...................... SB 173

Teachers; retirement; creditable service; unused sick leave ............ SB 17

Teachers; retirement; creditable service; unused sick leave ..................... SB 18

Teachers; retirement; creditable service; unused sick leave .................... SB 209

Teachers; retirement; eligibility; 30 years service ....................... SB 80

Teachers; retirement; joint investment division with Employees System .... SB 158

Teachers; retirement; minimum number of years; benefits; age factor . . . . . SB 107

Teachers; retirement; private school service credit .................... . ... SB 344

Teachers; retirement; transfer of service ERS credit; membership ...... , SB 143

Teachers; salary increases contingent annual performance evaluations

HB 628

Teachers; salary increases; contingent upon evaluation........................ HB 954

Teachers; sick leave banks or pools; authority of local boards ................. SB 147

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2472

JOURNAL OF THE SENATE

EDUCATION (Continued)

Teachers; sick leave banks or pools; local boards establish

HB 370

Teachers; sick leave pools; local school boards establish

SB 144

Technical & Adult, State Board or Department; change certain

references ........... .................................................. HB 628

Technical and Adult Education, State Board; staggered terms................. HB 428

Technical and Adult; commissioner; membership; Governor's Development

Council ................................................ .HB 215

Technical-Vocational; postsecondary; laboratory, equipment,

library needs ............................................................. SR 9

Unemployment Compensation; educators between academic terms

HB 569

University System; commercial activities; research; restriction ................. SB 243

University System; facilities; use for Olympic training centers ................. SB 194

University System; free tuition for children of faculty members ............... SR 198

University System; laboratory, equipment, rehabilitation technology,

and eminent scholars endowment; committee to study ....................... SR 10

University System; Macon College; urge conversion to regional

college ......... ...................................................... SR 123

University System; Middle Georgia College; urge convert to four-year

college ............................................................ SR 243

EDWARDS, TERESA; commend.............................................. SR 88

EFFINGHAM COUNTY; state court; judge and solicitor; salary

HB 767

ELBERT COUNTY

Board of Commissioners; salary, compensation, per diem, expenses

HB 685

Richard B. Russell Development Authority; create; recreational

facilities ............................................................... HB 893

ELDERLY

Driver's License Fees; exempt persons 65 years or older

SB 56

Georgia High Risk Health Insurance Plan; create public corporation

SB 267

Guardianship Laws Study Committee

SR 193

Homeowners; equity conversion mortgages; Residential Finance

Authority ............................................................... SB 51

Living Wills; additional witnesses ........................................... HB 76

Long Term Care Facilities; alternative to closure; receivership................. SB 366

Long-term Care Insurance; attachment of rider to life insurance

HB 206

Medicaid Drug Expenditures; urge cost-effective measures

SR 104

Medicaid Prescription Drug Bidding and Rebate Program

HB 70

Medicaid Prescription Drug Bidding and Rebate Program; establishment

SB 268

Medicare Supplement Insurance; regulation; long-term care ................... SB 234

Medicare, Medicaid Patients; medical practitioners required to treat

HB 702

Nursing Home Residents; private telephones; fees for moving line

SB 228

Nursing Homes; decedents; county of residence; wills; estates ................. HB 157

Personal Care Homes; certificate of need; exemption ......................... SB 135

Tax Aid Program of the AARP; commend

SR 43

Voter Assistance Without Waiting in Line .................................. HB 403

Voters; equipment at polling places; seating requirements..................... SB 177

Voters; polling places; assistance without waiting in line ...................... SB 178

Water; residential service; past due bills; disconnect limitations ................ SB 15

ELECTED OFFICIALS (See Elections or Public Officers and Employees)

ELECTIONS (Also See Ethics in Government)

Absentee Ballots; applications; delivery; relatives assisting ...................... SB 8

Absentee Voint; uniformed and overseas citizens; correct reference

HB 66

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INDEX

2473

ELECTIONS (Continued)

Ballots; preparation and delivery to board of registrars; date

SB 165

Campaign Contributions; disclosure reports during off-election years

SB 87

Campaign Contributions; disclosure reports; persons required to file

SB 45

Campaign Contributions; disclosure reports; information required

SB 48

Campaign Posters, Signs, Advertisements; use of state seal or emblem

HB 529

Candidate Financial Disclosure Statements; time of filing

SB 351

Candidates for Party Nomination; name list; errors; certification

HB 239

Candidates; county, municipal civil offices; residency requirements

HB 401

Candidates; federal, state, county, municipal offices; challenges to qualifications;

time period .......................................................... HB 234

Candidates; filing notices; date; qualifying; fees; nominations;

withdrawal; vacancies; political body nominations;

certification ............................................................ SB 165

Candidates; qualifications; affidavits, certification; filing;

county offices ........................................................... HB 407

Code Revisions, Title 21; errors and omissions

HB 91

Contested Elections, Primaries; petitions; time for filing

SB 5

Counties; office of county surveyor; abolish; provide appointment

HB 288

County Governing Authority; powers to appoint county attorney

SB 171

Education, State Board; elections; appoint state school

superintendent ......................................................... SR 102

Electors; change of address, voting precinct; corrections

HB 400

Insurance Commissioner; campaign contributions

SB 30

Insurance Commissioner; campaign contributions; insurers prohibited

HB 286

Judgeships; committee to study ethnic makeup, judicial districting ............ SR 111

Municipal; equipment at polling places; seating requirements

SB 177

Municipal; recount of votes; procedures

SB 42

Municipal; terms of officers; change; General Assembly authority

HB 113

Municipal; voter registration applications; identification cards

HB 404

Municipal; write-in candidates; notice of intent; ineligible persons

HB 408

Office of State Court Judge; reopened qualifying; residency

requirement ............................................................ HB 192

Petitions; qualifying, nomination of candidates; card form; contents

HB 351

Political Action Committees; contributions; insurance commissioner

SB 30

Political Party Candidates; certification; county executive

committees ........................................................... HB 407

Poll Officers; duties; counting of write-in ballots cards

HB 59

Polling Places; campaign activity, opinion polls; restrictions

HB 403

Polling Places; handicapped, elderly persons; seating equipment

SB 177

Polling Places; handicapped, elderly voters; no waiting in line

SB 178

Polling Places; handicapped, elderly voters; no waiting in line

HB 403

Presidential Electors; political party conventions; change date

SB 165

Primaries; general, nonpartisan, presidential electors; change date

SB 165

Primaries; political party candidates; name list; errors;

certification ......................................................... HB 239

Public Officials Ineligible Hold Office; crimes relating to office

SR 116

Public School Bond Referendums; employee political activities

prohibited............................................................... SB 55

Recall Act of 1989; enact procedures to recall public officials

SB 37

Superintendents and Voter Registrars; mandatory annual training

HB 62

Vacancies Created by Elected Officials Qualifying Other Office

SR 42

Vote Disclosure; prohibit disclosing how an elector voted

HB 405

Vote Tabulation; prohibit using computers, optical scan systems

SB 348

Refer to numerical index for page numbers

2474

JOURNAL OF THE SENATE

ELECTIONS (Continued) Voter Registrars; chief deputies; exempt certain restrictions Voter Registrars; electors; address, voting precinct corrections Voter Registrars, Election Superintendents; mandatory annual training Voter Registration; applications; use of identification cards Voter Registration Cards; provide for issuance; procedures Voter Registration; permanent additional sites; deputy registrars Voting; blind persons; assistance in voting; oath requirement Voting; counting ballots containing write-in votes; procedures Write-in Candidates; notice of intent; filing and publishing

HB 346 HB 400 HB 62 HB 404 HB 72 HB 63 HB 254 HB 59 HB 408

ELECTRIC MEMBERSHIP COOPERATIVES IN GEORGIA; commend

SR 151

ELECTRICAL CONTRACTORS; examinations; review courses .............. HB 344

ELECTROLYSIS, PRACTICE OF; licensure; qualifications; regulation of ..... SB 396

ELEVATORS, ESCALATORS, MANLIFTS; Governor's Employment and Training Council; duties

HB 568

EMANUEL COUNTY; development authority; property tax exemption

HB 347

EMERGENCY MEDICAL SERVICES

Ambulances Operated by Political Subdivisions; insurance coverage

SB 307

EMS Technicians; infectious disease exposure; hepatitis vaccinations

SB 313

Motorists Aid Safety System and Crash Impact Devices; relative to

SR 238

Paramedic Clinical Preceptor; trainees; approved functions

SB 380

Paramedics; trainees; clinical preceptors; supervision;

prehospital care......................................................... SB 320

EMERGENCY TELEPHONE 911 SYSTEM Bartow County; maintenance fees; telephone companies divide Carroll County; maintenance fees; telephone companies divide Colquitt County; maintenance fees; divide among subscribers

HB 918 HB 814 HB 973

EMINENT DOMAIN; federal-aid projects; displaced persons; relocation assistance ................................................................ HB 414

EMORY UNIVERSITY; Autism Resource Center; support development

SR 203

EMPLOYEE HEALTH BENEFIT PLAN, STATE

Participation; certain public school educators; confidential records

HB 724

Person Who Works Full Time; redefine; retirees, subordinate coverage;

records ................................................................ HB 613

EMPLOYEES' RETIREMENT SYSTEM

Creditable Service; agriculture shipping inspectors; prior service

SB 312

Creditable Service; benefits; calculation; 33 years of service

SB 258

Creditable Service; forfeited annual and sick leave

SB 64

Creditable Service; forfeited annual and sick leave; conditions

SB 10

Creditable Service; former service as a temporary employee

SB 77

Creditable Service; military service; active duty 1955-57 ...................... SB 223

Creditable Service; military service credit; redefine; withdrawal

SB 78

Creditable Service; transfers to Teachers Retirement System .................. SB 143

District Attorneys; membership option; other position or office

SB 72

Investment Management Services; joint committee with Teachers System

SB 158

Uniform Division of Public Safety; waive mandatory retirement age

SB 282

EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations)

Unemployment Compensation; definition of wages; exclusion; layoffs

HB 368

Unemployment Compensation; educators between academic term

HB 569

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INDEX

2475

EMPLOYMENT SECURITY LAW (Continued)

Unemployment Compensation; employer contribution; computation date;

reserve ratio; weekly benefits; base wages ................................. HB 581

Unemployment Trust Fund; withdrawals; supplemental appropriations

HB 214

EMPLOYMENT

Fair Employment Practices Act of 1989; unlawful practices ................... SB 232

Group Insurance Employee Benefit Plans; certain group requirements

HB 176

Rehabilitation Services of DHR; employer duty to post

SB 215

Youth Conservation and Service Corps Study Committee

SR 220

ENGINEERS AND LAND SURVEYORS Architects; scope of practice; registration; qualifications County Surveyors; abolish elected office; provide appointment Workers' Compensation; third-party tort-feasors; immunity

SB 230 HB 288 HB 319

ENGLAND, CHARLES W.; compensate .................................... HR 218

ENGRAM, SENATOR BEV; excused .............................. Pages 384, 1724

ENVIRONMENTAL PROTECTION (Also See Natural Resources or

Hazardous Materials)

Environmental Facilities Authority; composition; membership

SB 82

Environmental Facilities Authority; executive director; membership;

Governor's Development Council

HB 215

Environmental Facilities Authority; local government assistance

SB 83

Ethanol Industry; committee to study ...................................... SR 165

Hazardous Waste; facility permit applications; publish notices

HB 75

Hazardous Waste Management Authority; employee health insurance

HB 768

Jet Turbine Fuel; Underground Storage Tank Trust Fund; fees ............... HB 155

Land-Disturbing Activities; erosion control; local authority

SB 16

Land-Disturbing Activities; soil, water conservation; requirements

SB 84

Mountain Protection Act; enact .............................................. SB 1

Pesticide Contractors; licensing; repeal certain requirement

HB 552

Pesticide, Fertilizer Contamination Cases; farmers; liability

HB 11

Radiation Control Programs; redesignate regulatory agencies; powers

SB 378

Recycling and Land Preservation Study Committee

SR 117

Solid Waste Disposal Facilities; landfills; operators; site permits

SB 70

Solid Waste Disposal, Handling; local government regulations

SB 96

Solid Waste Disposal; landfill sites; limit local authority

SB 226

Solid Waste Disposal Sites; permits; adjoining county approval

HB 102

Solid Waste Disposal Sites; proximity to residential areas

SB 163

Solid Waste Management Joint Study Committee

SR 103

Statewide Planning and Development; minimum standards; procedures

HB 215

Wastewater; phosphorus reduction; laundry detergents, regulate sale

HB 719

Water Quality; pollutant spills by Public Owned Treatment Works

HB 345

Water Supply Act, Georgia; enact ........................................... SB 86

Water Supply Protection Act; land use within watersheds; regulate

SB 157

EROSION AND SEDIMENTATION ACT OF 1975

Land-Disturbing Activities; regulate; local government authority

SB 16

Mountain Protection Act; enact; applicable regulations; permits ................. SB 1

ESTATES (Also See Wills, Trusts, and Administration of Estates)

Administrators or Executors; aliens; qualifications; residency;

bonds.................................................................. HB 258

Decedents; probate court jurisdiction; nursing home residents

HB 157

Executors; petition for discharge; waiver of bond; grant of powers

HB 357

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2476

JOURNAL OF THE SENATE

ESTATES (Continued)

Guardians; transferring jurisdiction; property disposition minor

child................................................................... HB 733

Registered; land registration; deeds conveying title; recording

HB 210

Tax Deed Titles; ripening by prescription; notice of foreclosure

HB 123

Trustees; resignation proceedings; probate court jurisdiction

HB 259

ETHANOL, GASOHOL INDUSTRY; committee to study promotion

SR 165

ETHICS IN GOVERNMENT (Also See Elections)

Campaign Committees; contributions during off-election year; reports

SB 87

Campaign Contributions; disclosure; reports; information required

SB 48

Campaign Contributions; disclosure reports; persons required to file

SB 45

Campaign Contributions; insurance commissioner candidates ................... SB 30

Campaign Contributions; insurers; prohibitions

HB 286

Candidate Financial Disclosure Statements; time of filing

SB 351

Municipal Council Members; voting upon questions; ownership interest

SB 169

Public Officers, Employees; conflicts of interest; political

activities ................................................................. SB 6

Public School Employees; conflicts of interest; bond referendums

SB 55

Recall of Public Officials; procedures; Recall Act of 1989; enact

SB 37

EVANS COUNTY

Evans County Wildlife Club; commend ..................................... SR 180

School System; commend .................................................. SR 181

Superior Court; Atlantic Judicial Circuit; additional judge

SB 167

EVIDENCE

Code Revision, Title 24. .................................................... HB 93

Code Title 24; revise and supersede; construction; applicability

SB 336

Code Title 24; State Bar of Georgia report; committee to compare

federal rules ............................................................ HR 317

Crime of Issuance of Bad Checks; information required

SB 188

Criminal History Records; dissemination; parties to lawsuits .................. HB 380

Defendant Testimony; character or prior convictions; rebuttal

SB 217

Documents in Possession of an Attorney; seizure; procedures

HB 356

Driving with Suspended License; notices; license considered bail

HB 590

Prosecution for Rape; complaining witness, past behavior ..................... HB 229

Rape Prosecution; admissibility of past sexual behavior of witness

SB 100

Tortious Injury; compensation received for special damages ................... SB 289

Witness Fees; certain law enforcement officers; exception

SB 103

Witnesses; children; competency to testify in criminal cases................... SB 216

Witnesses; competency of child victim of or witness to a crime

HB 218

Witnesses; minor victims; testimony; recorded, video taping

SB 153

EXAMINING BOARDS, STATE (Also See Professions and Businesses)

Accountancy, State Board; authority; certification; examinations ............... HB 451

Architects; scope of practice; registration; qualifications

SB 230

Athletic Trainers, Georgia Board of; extend to 1995 .......................... HB 626

Auctioneers; licensing; qualifications; apprentices; bonds; exceptions ........... SB 198

Board of Examiners of Licensed Dietitions; extend to 1995

HB 470

Chimney Sweeps, State Board of; creation

SB 301

Construction Industry Licensing Board, Utility Contractors Division

SB 140

Electrologists, State Board; creation of; powers; duties

SB 396

Foresters, State Board of Registration; powers to license

SB 272

Georgia Real Estate Appraisers Board; establish standards of

practice ............................................................... SB 250

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INDEX

2477

EXAMINING BOARDS, STATE (Continued)

Hospitals duty to report certain disciplinary actions

SB 333

Interior Designers, State Board of Registered; creation ....................... SB 305

Medical Examiners; approve continuing education courses; licensure

SB 94

Medical Examiners, Composite Board; powers; nurses, physician's

assistants .............................................................. HB 209

Medical Examiners, Composite State Board; authority to regulate ............. HB 702

Professional Counselors, Social Workers, Marriage and Family Therapists;

licensing; requirements; supervisors; board; termination date

SB 294

Recreation Examiners, State Board of; termination date; July 1, 1990............ HB 8

State Boxing and Wrestling Commission; creation of .......................... HB 15

State Boxing Commission; termination date; June 30, 1995 ..................... HB 7

State Construction Industry Licensing Board; extend to 1995 ................. HB 344

State Construction Industry Licensing Board; minimum standard codes

HB 154

State Construction Industry Licensing; violations; revocation .................. HB 833

State Structural Pest Control Commission; extend to 1995 .................... HB 885

Used Car Dealers, State Board of Registration; membership; terms ............ SB 214

Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers,

State Board of Registration; extend to 1990 ............................... SB 241

Water, Wastewater Treatment Plant Operators, Analysts; certification

HB 574

FAIR BUSINESS PRACTICES (Also See Commerce and Trade)

Going Out of Business Sales; prohibitions; 90-day time limit .................. HB 193

Health Spa Membership Contracts; requirements; violations; penalties

HB 341

Insurance Agents; grounds for refusing, revocation of license .................. HB 175

Insurance; medicare supplement policies; regulate; advertisements

SB 234

Insurers; deceptive practices in direct response advertising.................... HB 183

Promotional Giveaways or Contests; prohibit ................................ SB 108

Vehicle Repair or Replacement of Parts; unfair trade practices

HB 201

FALLS, THOMAS E.; commend ............................................. SR 232

FAMILY VIOLENCE CENTERS; county or municipal grants

HB 469

FAMILY VIOLENCE (See Domestic Relations or Social Services)

PARLEY, WILLIAM F.; welcome to West Point-Pepperell, Inc.

SR 221

FARMS AND FARMERS (Also See Agriculture)

Agricultural Facilities; treatment as nuisances; exceptions..................... HB 692

Agriculture Inspection Warrants; procedures; execution ....................... SB 116

Aquatic Animals, Plant farming; Aquaculture Development Act ............... HB 420

Farm Bureau Day; proclaim February 1, 1989 ................................ SR 93

Farmers Displaced by Public Land Acquisition; relocating assistance........... HB 414

Farmers' Mutual Fire Insurance Companies; deposits; risks retained

HB 484

Fertilizer, Pesticide Use; contamination cases; liability. ........................ HB 11

Fish Farms; game fish considered domestic species; redefine .................. SB 193

Fish Hatcheries; commercial sale of channel catfish; regulate .................. HB 285

Food Fish; trout; catfish; dealers; Department of Agriculture

regulate ............................................................... HB 202

Kenaf Plant; new cash crop; committee to study............................. SR 177

Livestock; slaughtering establishments; licensing; inspection

SB 225

Plant Food Act of 1989; commercial fertilizers, nutrients; regulate ............. HB 749

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2478

JOURNAL OF THE SENATE

FARRIS, JOE, JR.; commend .................. .................. . . . . . . SR 207

FAYETTE COUNTY

Designate; Floy Farr Parkway; portion State Route 54 ....................... HR 105

Designate; Floy Farr Parkway; portion State Route 54, Peachtree City

SR 36

Designate; Joel Cowan Parkway; portion State Route 74 ....................... SR 35

Designate; Joel Cowan Parkway; portion State Route 85 ...................... HR 104

Probate Court; judge; compensation ....................................... HB 1041

Sheriff; compensation ................ ................................... HB 1044

Superior Court Clerk; compensation

. . . ....................... . . . . . HB 1042

Tax Commissioner; compensation ........................................ .HB 1043

FEDERAL GOVERNMENT (Also See Congress, U.S.)

Family Support Act of 1988; enforcement child support recovery .............. SB 115

Federal-Aid Projects; Georgia Relocation Assistance and Land

Acquisition Policy............... . . . . ........................... HB 414

J. Strom Thurmond Lake; name designation; Clarks Hill Lake, Dam

HR 115

Job Training and Partnership Act; Governor's Employment and Training

Council created pursuant to

. ..................................... HB 568

Nursing Home Reform Provisions; urge Alternative Disposition Plan .......... SR 202

Robins Air Force Base, Houston County; Georgia Aviation Hall of Fame

HB 110

Transportation Trust Funds; motor fuel taxes; urge remove budget ........... SR 142

U. S. Marshals Service 200th Anniversary; commend ......................... SR 228

U.S. Attorneys, Assistant Attorneys; authority to carry firearms ................ SB 20

U.S. Corps of Engineers; lease; Sweetwater Creek Microwave Relay

Station

............................. . . . ......................... SR 164

Uniformed and overseas Citizens Absentee Voting Act; correct

reference... ........................ ... . , , . .................... HB 66

Urge Adoption Federal Marketing Order for Vidalia Onions ................... SR 55

Urge Congressional Delegation Oppose Federal Tax on Motor Fuels

HR 112

Urge FAA Study of Stone Mountain-Britt Memorial Airport expansion ....... SR 163

FINANCIAL INSTITUTIONS (See Banking and Finance)

FIRE PROTECTION AND SAFETY

Blasting, Excavating Near Underground Gas Pipes, Utilities;

violations ...... .................................. ........... HB 833

Blasting, Excavation Near Underground Gas Pipes; utility contractors .... SB 140

Building Construction; state minimum standard codes , ............... . . HB 154

Chimney Sweeps; regulation and licensure................................... SB 301

Churches; building occupant load......................................... . HB 271

Day-care Facilities Operated by Religious Organizations; standards

HB 114

Farmers' Mutual Fire Insurance Companies; deposits; risks retained

HB 484

Fire Departments; local; bomb threats; expand emergency powers

HB 217

Fire Departments; minimum requirements for organization

HB 620

Fire Insurance; homeowner policies; rating plans; regulate ............... . .... SB 35

Fire Investigators; evidence; witness fees; exceptions; definition................ SB 103

Fire Sprinkler Companies, Employees; competency certificate;

insurance requirements .......................... . . . . . . .............. HB 535

Fire Stations; financing; bonds which incur debt; voter approval ............ SR 121

Firefighters; right to recover for injuries; negligence of another ........ SB 22

Firemen; indemnification; subrogation, remove provision ..................... . SB 85

Firemen; infectious disease exposure; hepatitis vaccinations . . . . ............. SB 313

Firemen's Pension Fund; benefits; increase maximum ........................ SB 162

Firemen's Pension Fund; disability benefits ................ ................ HB 142

Firemen's Pension Fund; disability benefits; increase ......................... HB 143

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INDEX

2479

FIRE PROTECTION AND SAFETY (Continued)

Firemen's Pension Fund; membership; service credit transfers ............. SB 152

Firemen's Recognition Day, Seventeenth Annual; commend

SR 34

Motor Vehicle License Plates; certified firefighters ...................

HB 301

Safety Fire Commissioner; enforcement; handicap parking maintenance

SB 164

Smoking In Public Buildings; prohibitions; designated areas

SB 95

Special Hazard Building; shopping enters; electrical; inspection

SB 261

State Employees; overtime pay; computation; compensatory time

SB 46

Unincorporated Areas of Counties; funding; insurance premium tax

HB 617

FIREARMS AND WEAPONS

Dealers; sales of pistols, revolvers; regulate; wait period; reports

SB 91

Hunting Wildlife; penalties for endangering safety other persons

HB 494

U.S. Attorneys and Assistant Attorneys; authority to carry firearms .......... SB 20

Weapons Used Commission of Felony; forfeiture procedure .................... SB 23

FIREMEN'S PENSION FUND Benefits; increase maximum. ......................................... . . SB 162 Disability Benefits; increase amount; limit actions for overpayment ............ HB 143 Membership; creditable service; Peace Officers' Benefit Fund; leaves of absence; disability benefits; withdrawals; reinstatement ....... SB 152 Public Retirement Systems Standards Law; exemption .................... HB 142

FIRST BAPTIST CHURCH OF SNELLVILLE AND DR. JAMES G. MERRITT; commend .......... . ........ ........................................ SR 28

FISHING (See Game and Fish)

FITZGERALD, CITY OF; mayor, aldermen; election and terms ..... HB 993

FLEMING, BERRY; Georgia Author; commend

SR 59

FLEMING, CHARLIE; Director, State Museum of Science and Industry; commend ... .................................. ....................... SR 156

FLORIDA, STATE OF Fishing License Reciprocity; St. Mary's River, Lake Seminole ....... . . . . . . SB 106 St. Marys River; reciprocal pilotage agreement. .............................. HB 612

FLOY FARR PARKWAY

Designate; portion of State Route 54, Peachtree City ....... ............

SR 36

Designate; portion of State Route 54 ................................. . .... HR 105

FLOYD COUNTY Juvenile Court; judge; salary; fulltime duties ........................ Property Conveyance; state property; purchase by City of Cave Spring Rome-Floyd County Commission on Children and Youth; create

... SB 349 ... SR 63
HB 789

FOLKSTON, CITY OF; corporate limits; change............................. HB 820

FOOD SERVICE ESTABLISHMENTS; alcoholic beverages; Sunday sales . ... SB 277

FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies)

Agriculture Inspection Warrants; procedures; execution .............. .... SB 116

Food Fish Processing Plants; regulation of ................................ HB 285

Food Fish; domestic farm products; regulate; exclude game fish laws........... HB 202

Food; misleading advertisements ........... ............................. HB 195

Imposition of 4% State Sales Tax; exemptions; certain food items ............ .HB 474

Meat Food Products; inspection of certain facilities; exemptions

SB 117

Meat Food Products; rabbits; custom slaughter; inspection exception

SB 74

Meat Food Products; rabbits; inspection; exceptions..................... . ... SB 119

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2480

JOURNAL OF THE SENATE

FOOD, DRUGS AND COSMETICS (Continued)

Pharmacies Operated by Colleges; special permits............................. HB 58

Seafood Suppliers; shellfish harvest, shipment; sanitation program

SB 59

FORESTRY

Commission; director; membership; Governor's Development Council

HB 215

Commission; fire tower site, Burke County; property easement

SR 132

Commission; grant utility easement to City of Springfield...................... SR 67

Commission; property in Wilkinson County; grant certain easement

SR 22

Forest Products Trucking Rules; enforcement; General Assembly ratify

HB 887

Kenaf Fibers; paper products; committee to study use of ..................... SR 177

Log Truck Driver Safety; commend Georgia Forestry Association

SR 248

Mountain Protection Act; tree removal; permits; conditions ..................... SB 1

Pine Straw; harvesting; regulate dealers, sellers; certificates .................... SB 88

Registered Foresters; licensure; qualifications; renewal

SB 272

Timberland; reforested; urge capital gains tax differential

SR 173

FORGERY AND COUNTERFEITING (See Crimes and Offenses or Fraud)

FORSYTH COUNTY

Magistrate Court; provide separate office of chief magistrate .................. HB 992

Superior Court; judges; salary supplement................................... SB 406

Superior Court; judges; supplement to salary

HB 1080

FORT YARGO STATE PARK; water supply line easement to City of Winder HR 98

FRANKLIN COUNTY HIGH SCHOOL ACADEMIC BOWL TEAM; commend . SR 94

FRANKLIN D. ROOSEVELT STATE PARK; boundary lines; determination ............................................................ HR 107

FRAUD

Fraudulently Obtaining Public Housing; definition ............................ SB 52

Fraudulently Obtaining Public Assistance; duty of DHR to prosecute

SB 128

Unauthorized Payments of Public Assistance; persons liable .................. HB 716

FRAZIER, FRANCES, 1988 MISS GEORGIA PAGEANT; commend

SR 61

FREE ENTERPRISE DAY IN GEORGIA; proclaim March 8, 1989

SR 222

FRIVOLOUS LAWSUITS; civil cases; actions, defenses; litigation costs; assessment ............................................................... HB 525

FULLER, G. DOUGLAS AND ALICE K.; compensate

HR 76

FULLER, SENATOR KEN; excused ............................ Pages 308, 356, 379

FULTON COUNTY Board of Elections and Registrations; create; members; terms; powers.......... HB 837 Board of Elections; repeal; conditioned effective date......................... HB 836
Electors of Certain Incorporated Area; referendum approval of annexation by Chattahooche Plantation of Cobb County.................... SB 295
Fulton-DeKalb Hospital Authority; Grady Hospital annual budget summary............................................................... SR 186
Government Study Commission; creation; membership; powers; duties ......... SB 386 Homestead Exemption; disability determination ............................. HB 778 Hospital Authority; revenue receipts, expenditures; annual report ............. SB 184 Housing Authority Commissioners; appointment; qualifications ................ SB 154 Property Conveyance; sell W&A Railroad spur line to property owners ......... SR 63 Rodent Control and Eradication; occupiers of residential units ................ SB 155 State Court; Atlanta Municipal Court Division; fees; costs .................... HB 303

Refer to numerical index for page numbers

INDEX

2481

FULTON COUNTY (Continued)

Superintendent of Schools; nonpartisan elections; referendum

SB 302

Superior Court; judges; increase number to 13 ............................... HB 721

Teacher Transfers; Teachers Retirement System; excess contributions

HB 622

Traffic Violations; courts to send license and conviction reports

SB 248

FUNERALS AND FUNERAL ESTABLISHMENTS

Cremation; disposition procedures; vital records; burial at sea

SB 252

Dead Bodies or Bodily Parts; place of interment; unlawful removal

SB 275

Funeral Processions; right of way; penalties for interrupting .................. HB 409

FUNSTON, CITY OF; elections; mayor, councilmen; taking of office; terms HB 856

G

GAINESVILLE, CITY OF; city commissioners; election; term of office

HB 558

GAMBLING, BINGO, LOTTERY, PARI-MUTUEL WAGERS Convenience Stores; amusement crane game machines; exceptions ............. SB 290 State Lottery; provide by law; amend Constitution ............................. SR 8 State Lottery; provide by law; amend Constitution; use of proceeds............. SR 30

GAME AND FISH (Also See Natural Resources)

Channel Catfish; farm produced food fish; regulatory agency

defined ............................................................. HB 285

Fish Farming Industry; Aquaculture Development Commission ................ HB 420

Fishing; certain public areas; restrictions .................................... SB 106

Fishing; creel and possession limits; trout waters, no season................... SB 106

Fishing; Lakes Sinclair and Oconee; commercial baskets per person............ HB 134

Fishing; license reciprocity; Alabama, Florida, North Carolina,

South Carolina ......................................................... SB 106

Fishing; salt waters; open seasons; finfish; creel; size limits .................... SB 105

Floatable Streams; public right of passage; offense of interference

SB 203

Food Fish; trout; catfish; dealers; Department of Agriculture

regulate .......................................................... HB 202

Game Fish; farmed fish considered domestic species; redefine ................. SB 193

Hunting; doves; unlawful enticement; baited land; penalties; signs

HB 734

Hunting; license revocation; neglient use firearms, archery tackle

HB 494

Hunting; licenses; exemption; field and retriever trials ......................... HB 50

Hunting; quail, turkey gobblers, rabbits; extend open season .................. HB 134

Hunting Rights; lessees; urge landowner preference to residents ............... SR 144

Hunting; turkey gobblers; open season, bag limits

SB 106

Marinas; Natural Resources Department powers as to projects ................ HB 263

Shellfish; oysters, clams; regulate harvesting, dealers, gatherers ................. SB 59

Waterfowl Stamp; hunting ducks, geese, swan; mandatory purchase............. HB 56

Wild Animal Permits for Triploid Grass Carp; exemptions.................... SB 106

Wildlife; alligators, bears; require custody permit to feed ..................... HB 264

Wildlife Management Areas; criminal trespass ............................... SB 106

GARBAGE (See Waste Management or Landfills)

GASOLINE AND PETROLEUM PRODUCTS

Ethanol Industry; gasohol; committee to study promotion of .................. SR 165

Jet Turbine Fuel; Underground Storage Tank Fund; fees; release.............. HB 155

Lessors of Rental Vehicles; gasoline gauges registering empty

SB 130

Municipal Gas Authority of Georgia; legal situs; county location

HB 742

Refer to numerical index for page numbers

2482

JOURNAL OF THE SENATE

GASOLINE AND PETROLEUM PRODUCTS (Continued) Underground Gas Pipes, Utility Facilities; blasting, excavating near

HB 833

GENERAL ASSEMBLY

Adjournment; automatic adjournment Fridays, reconvene Mondays;

exception .............................................................. HB 876

Adjournment; January 13 to January 23 ...................................... HR 8

Adjournment; February 3 to February 6 .................................... HR 219

Adjournment; February 10, 1989 to February 13, 1989........................ HR 267

Adjournment; February 16 to February 20 .................................. HR 278

Adjournment; February 24 to February 27 .................................. SR 195

Adjournment; March 2 to March 6 ......................................... HR 395

Adjournment; March 8 to March 13 ........................................ HR 448

Adjournment; March 13 to March 15 ....................................... SR 265

Adjournment; sine die March 15, 1989 ...................................... SR 275

Annual Report of Property and Casualty Insurance Industry .................. HB 178

Candidates; campaign contribution disclosure reports.......................... SB 45

Children and Youth Legislative Overview Committee; creation ................ SB 355

Health Insurance Benefit Bills; subject to review; assessment ................. HB 813

Hospital Authorities; appointment of members; counties over 290,000

SB 97

Joint Session; Chief Justice Thomas O. Marshall, Jr. address

HR 7

Joint Session; Governor's message ............................................ HR 5

Joint Session; invite Supreme and Appellage Court Justices..................... HR 6

Joint Session; Juan A. Samaranch, International Olympic Committee

address

....................... HR 192

Legislative Staff Services; records; disclosure ................................ SB 297

Lobbyists; representatives of state agencies; registration ...................... SB 265

Local Constitutional Amendments Creating Authorities; name, style ........... HB 350

Notify Governor; General Assembly convened ................................. HR 2

Open Meetings Requirements; amend Constitution ............................. SR 4

Ratify Georgia Forest Products Trucking Rules ....... HB 887

Resolutions Conveying Public Property; information requirements ............. SB 361

Senate Convened; notify House, January 9, 1989............................... SR 2

Senate, House Journals and Session Laws; Secretary of State

distribute .............................................................. HB 587

Strategic Planning Study Committee; legislative modernization ................ SR 160

Supplementary Appropriations Acts, Amendments; enactment

prohibitions ....................................................... SR 135

GEOLOGISTS; workers' compensation; third-party tort-feasors; immunity ...... HB 319

GEORGE T. BAGBY STATE PARK; designate Creek Indian

Trail Scenic Highway

..................... HR 228

GEORGIA BEER WHOLESALERS ASSOCIATION; commend ................. SR 145

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI Forensic Sciences Division; post-mortem exams, autopsies; fees; reports................................................................. SB 319 Narcotics Agents; membership; Peace Officers' Benefit Fund .................. HB 706 Officers; witness fees; exception when receive overtime pay ................... SB 103 Seized Controlled Substances, Plants, Property; use of; proceeds .............. SB 288 Watercraft; abandoned vessels; duty of persons removing, storing.............. HB 476

GEORGIA CITIZENS FOR THE ARTS; commend ............................. SR 29

GEORGIA CODE (See Code of Georgia)

Refer to numerical index for page numbers

INDEX

2483

GEORGIA FEDERATION OF COLORED WOMEN'S CLUBS, INC.; headquarters; convey surplus state property .................................. HR 35

GEORGIA HIGH RISK HEALTH INSURANCE PLAN; creation

SB 267

GEORGIA MILITARY COLLEGE; committee to study future policy and funding ............................................................... SR 99

GEORGIA MUSIC HALL OF FAME COMMISSION TO ESTABLISH

PERMANENT SITE IN MACON

SR 176

GEORGIA NATIONAL GUARD; assistance in fighting drugs ................. SR 16

GEORGIA OPTOMETRIC ASSOCIATION; commend ......................... SR 253

GEORGIA POLICE ACADEMY; police chief emeritus; create honorary office SB 242

GEORGIA PROMPT PAYMENT REPORT ACT; state agencies; vendor purchases ......................................................... SB 236

GEORGIA RECREATION AND PARK SOCIETY; commend

SR 98

GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT; enact .................................................... HB 414

GEORGIA SEA ISLAND FESTIVAL; recognize

SR 240

GEORGIA STUDENT FINANCE AUTHORITY Commissioners; compensation .............................................. HB 161 GIERA Investment Fund; administration; AFDC children education ............ SB 13 Student Incentive Grants; maximum award; postsecondary education .......... HB 160

GEORGIA WATER SUPPLY ACT; enact

SB 86

GILLSVILLE, CITY OF; municipal elections; terms; organizational meeting HB 571

GLENWOOD HILLS ATHLETIC ASSOCIATION 85-POUND FOOTBALL TEAM; commend

SR 38

GLYNN COUNTY Board of Commissioners; expense allowance ................................. HB 782 Law Library; additional magistrate court fees................................ HB 729 State Court; judge; salary supplement ...................................... HB 730

GOFF, RAY; University of Georgia Head Coach; congratulate

SR 13

GOPHER TORTOISE; designate as official state reptile ...................... HB 531

GORDON COLLEGE; urge Board of Regents convert four-year college

SR 147

GORDON COUNTY Property Conveyance; state-owned, W&A Railroad leased property to City of Calhoun ..................................................... HR 99 Superior Court; additional judge, court reporter, facilities ..................... HB 922

GORDON, CITY OF; mayor, councilmembers; simultaneous service on county board ............................................................. SB 385

GOVERNMENTAL OPERATIONS COMMITTEE; Senator Max Brannon act as chairman ....................................................... Pages 119, 372

GOVERNOR

Ex Officio Chairman; Governor's Development Council; powers

HB 215

Executive Branch Publications; printing cost information

SB 299

General Assembly Convened; notify........................................... HR 2

Governor's Employment and Training Council; creation; duties; powers

HB 568

Refer to numerical index for page numbers

2484

JOURNAL OF THE SENATE

GOVERNOR (Continued)

Governor's Road Improvement Program; defined developmental highways

HB 16

Joe Frank Harris; address ......................................... Pages 100, 2373

Joe Frank Harris; communications from

Pages 19, 22, 23, 2374

Joe Frank Harris; veto letters 1988 and 1989 sessions

Pages 19, 2374

Joint Session; message

HR 5

Overcrowded Jails, Prisons; state of emergency; requirements waived

HB 499

GRADY MEMORIAL HOSPITAL; revenues, expenditures; summary to legislative delegation ................................................................ SR 186

GRAND JURIES (Also See Juries or Courts) Compensating Bailiffs, Jurors; future fixed increases; limitation Investigative; special trial districts; judicial circuits Jury lists, Boxes; mechanical, nonmechanical, electronic procedures Notice of Upcoming Appointment; duty of county boards, authorities

HB 96 SR 58 HB 524 HB 599

GRANTS County or Municipal Funds to Family Violence Centers Isolated Schools; sparsity grants to local systems; repealer Local Government; coordinated, comprehensive planning; conditions Local Governments; solid waste disposal facilities Local School Systems; middle school programs Postsecondary Education; student incentive grants; maximum award State Aid to Local School Systems; computation on tax bills

HB 469 HB 415 HB 215
SB 83 HB 449 HB 160 SB 240

GREENE COUNTY

Coroner; compensation

HB 688

Magistrate Court; chief magistrate, two other magistrates;

compensation ........................................................... HB 658

GREENE, GERTRUDE OF SCREVEN COUNTY; honoring ................... SR 101

GRIFFIN, CITY OF; Griffin-Spalding County Charter Commission Act; consolidation

SB 254

GRINER, LEWIS H., SR.; commend

SR 249

GROUND WATER (See Waters, Ports and Watercraft)

GUARDIAN AND WARD

Child Abuse Victims; court appointed advocates; guardian ad litem

SR 167

Guardians; probate court jurisdiction; residency change; minors

HB 733

Guardianship Laws Study Committee ....................................... SR 193

Guardianship of Property; incapacitated adults; certificates; filing

HB 257

Letters of Dismission; evidence; changes to Title 24 .......................... SB 336

Natural Guardian of Minors; personal injury claims; bonds; awards

SB 207

GWINNETT COUNTY

Board of Commissioners; charitable contributions; reimbursed

expenses ............................................................... SB 387

Board of Commissioners; districts; change composition

HB 881

Board of Registrations and Elections; members; appointment

HB 883

County Historian; appointment; duties; compensation; office funding

SB 394

County Surveyor; abolish elections; provide for appointment

HB 290

Government Study Commission; create

HR 405

Gwinnett County Chamber of Commerce; reception for General Assembly

SR 137

Indigent Defense Committee; creation of; public defender; policies

SB 388

Jail; easement of state property to Jackson EMC for transmission line

SR 62

Juvenile Court; judge; compensation

HB 1067

Refer to numerical index for page numbers

INDEX

2485

GWINNETT COUNTY (Continued)

MARTA; membership; remove from board of directors ....................... SB 111

Medical Examiner; qualifications to hold office

HB 561

Probate Judge, Superior Court Clerk, Sheriff, Tax Commissioner;

compensation .... ..................................................... HB 1068

Public Facilities Authority; repeal Act creating .............................. SB 201

Recorder's Court; judges; compensation .................................... HB 1064

Recreation Authority; revenue bonds; use of proceeds; prohibitions

SB 202

State Court; judges; compensation ......................................... HB 1065

Stone Mountain-Britt Memorial Airport; urge stop expansion, sell

SR 200

Superior Court; judges; salary; county supplement .......................... HB 1066

GWINNETT JUDICIAL CIRCUIT; superior court judges; salary; county supplement.............................................................. HB 1066

H

HABERSHAM COUNTY State Court; provide secretary for judge..................................... HB 307 U.S. 441 Business Historic Route; designation of.............................. HR 74

HALL COUNTY

Board of Commissioners; election district; elect chairman by

majority .............................................................. HB 1000

State Court; judge and solicitor; compensation

SB 266

Superior Court; judges; salary supplement................................... SB 405

HANCOCK COUNTY; board of commissioners; chairman, members; expense allowance......................................................... HB 687

HANCOCK, FRANCES AND BOB; compensation ......................... .HR 241

HANDICAPPED PERSONS

Autism Resource Center at Emory University; support development

SR 203

Blind Persons; assistance in voting; oath requirement ........................ HB 254

Certified Public Accountants; oral examinations ............................. HB 451

Disabled Electors; absentee ballots; applications; persons assisting

SB 8

Disabled Electors; voter assistance without waiting in line

HB 403

Fair Employment Practices Act of 1989; prohibit discrimination

SB 232

Guardianship Laws Study Committee ....................................... SR 193

Handicapped Parking Spaces; designation, maintenance requirements

SB 164

Handicapped Parking; spaces designated for nonambulatory persons

HB 261

Head Injury Treatment and Rehabilitation; committee to study

SR 241

Head-Injured Persons; traumatic brain injury; clarify term.................... SB 235

Hearing Impaired Persons, Georgia Service Center; establish

SB 38

Hearing, Speech Impaired; state-wide telephone system; study of.............. SB 310

Housing; mentally disabled, elderly; residential care; financing

SB 51

Identification Cards; public transportation, seating assistance

HB 601

License Plates; special; issuance to certain persons

HB 131

Mental Retardation; congenital adrenal hyperplasia screening

SB 39

Rehabilitation Technology; university system facilities;

study funding ....................................................... SR 10

Voters; equipment at polling places; seating requirements

SB 177

Voters; polling places; assistance without waiting in line ...................... SB 178

Refer to numerical index for page numbers

2486

JOURNAL OF THE SENATE

HARALSON COUNTY

Magistrate Court; fees for county law library

HB 866

Superior Court; terms of court; change ...................................... HB 412

HARPE, MAJOR GENERAL WINFIELD S.; condolences to family ............. SR 192

HARRIS COUNTY Franklin D. Roosevelt State Park; boundary lines; determination Superior Court; fifth judgeship; procedure

HR 107 HB 559

HARRIS, FRANCES M.; compensate

HR 217

HARRIS, GOVERNOR JOE FRANK Address ................................. ...................... Pages 100, 2373 Communications from ........................................ Pages 19, 22, 23, 2374

HARRISON, MRS. BETTY; widow of late Senator Carl Harrison; introduction, remarks ... ................................ ....... ............ Page 245

HARRISON, THE HONORABLE JOHN CARL, SENATOR, DISTRICT 37 Condolences to family .................................. SR 20 In Memory; joint resolution ............. .................................. HR 129

HART COUNTY

Board of Commissioners; new board; election districts; personnel

SB 356

Sheriff; compensation; change provisions .................................... SB 357

Superior Court; clerk; probate court judge; compensation

SB 359

Tax Commissioner; compensation; change

SB 358

HAWKINSVILLE HIGH SCHOOL LADY BASKETBALL TEAM; commend SR 272

HAZARDOUS MATERIALS Commercial Vehicles Transporting; drivers; licensing; regulation Georgia Hazardous Chemical List; Governor's Employment, Training Council .............................................................. Jet Turbine Fuel Underground Storage Tanks; environmental fees Pesticide Contamination Cases; liability of farmers Solid Waste Disposal Sites; distance adjoining certain counties Waste Facilities; application for construction permits; notices

HB 130
HB 568 HB 155 HB 11 HB 102 HB 75

HAZARDOUS WASTE MANAGEMENT AUTHORITY; State Employees'

Health Insurance Plan; membership

HB 768

HEAD INJURED PERSONS

Facilities Serving; certificate of need requirements; exemption

SB 134

Head Injury Treatment and Rehabilitation Study Committee

SR 241

Traumatic Brain Injury; clarify term. ....................................... SB 235

Traumatic Brain Injury; define term; review of facilities

SB 360

HEALTH CARE FACILITIES, HOSPITALS (Also See Health or Hospitals or

Nursing Homes or Personal Care Homes)

Access to Health Care Commission; creation

HR 162

Access to Health Care; commission to study factors limiting

SR 70

Autism Resource Center at Emory University; support development

SR 203

Certificate of Need; applications; consideration of bed capacity

SB 136

Certificate of Need; exempt facilities serving head-injured persons ............ SB 134

Certificate of Need; exemption; replacement of certain equipment

SB 133

Certificate of Need; kidney disease treatment centers; dialysis.................. HB 51

Certificate of Need; qualification; parent company;

clinical services ......................................................... SB 373

Certificate of Need; remodel, renovate, replace projects; exemption

SB 137

Refer to numerical index for page numbers

INDEX

2487

HEALTH CARE FACILITIES, HOSPITALS (Continued)

County Authorities; member selection method; counties over 290,000

SB 97

Emergency Medical Services; paramedic clinical preceptor; functions

SB 380

Head-Injured Persons; traumatic brain injury; clarify term

SB 235

Head-Injured Persons; traumatic brain injury; facility review; term

SB 360

Health Planning agency; executive director; confirmation by Senate

SB 138

High Risk Health Insurance Plan, Georgia; create public corporation

SB 267

Hospital Authorities; open records; disclosure; exemption

HB 140

Hospital Authorities; revenue receipts, expenditures; annual report

SB 184

Hospital Authorities; use of sales proceeds; powers; expenditures

SB 229

Hospitals; applicants for staff privileges; disciplinary actions

SB 333

Hospitals or Morgues; blood tests, specimens; infectious agents

SB 318

Hospitals; prehospital emergencies; base station facilities

SB 320

Human Fetuses; buying and selling; prohibitions

HB 634

Informed Consent for Medical Treatment; time period for obtaining

HB 817

Living Wills Signed by Patients in Hospitals; witnesses

HB 76

Long Term Care Facilities; violations; judgments; receivership

SB 366

Long Term Care Insurance; attachment of rider to life insurance

HB 206

Malpractice Actions; statute of limitations; affidavits ......................... SB 329

Medical Records; deceased mentally ill patients; records release

SB 40

Mentally Retarded Persons; petitions for residential care; criteria

HB 331

Nursing Homes; federal OBRA-87 reform criteria; urge flexibility

SR 202

Nursing Homes; resident telephones; fees for moving line

SB 228

Personnel Shortages in Health Care Fields; committee to study

HR 31

Persons Authorized Order or Dispense Drugs, Treatment or Studies

HB 209

Physicians in Underserved Rural Areas; service cancelable loans

HB 567

Smoking, Nonsmoking Areas; designated rooms; prohibitions

SB 95

State Hospitals; employee night shift duty; salary supplement

SB 47

State Hospitals, Nursing Homes; employee overtime pay; computation

SB 46

HEALTH SPAS; membership contracts; requirements; cancellation rights; violations ................................................................ HB 341

HEALTH (Also See Mental Health or Health Care Facilities or Human Resources)

Access to Health Care Commission; creation

HR 162

Access to Health Care; commission to study factors limiting

SR 70

Administration and Enforcement; evidence; changes to Title 24

SB 336

Alcohol Treatment Programs; effective date postponed to July 1, 1995

HB 4

Ambulances Operated by Political Subdivisions; insurance coverage

SB 307

Blood Tests; suspected infectious agents

SB 318

Boxing and Wrestling; create commission to regulate; new name

HB 15

Certificate of Need; applications; hospitals; bed capacity

SB 136

Certificate of Need; hospital projects to remodel, renovate, replace

SB 137

Certificate of Need; kidney disease treatment centers; dialysis

HB 51

Certificate of Need; personal care homes; exemption

SB 135

Certificate of Need; qualification; parent company; clinical

services ........................................................ ....... SB 373

Child Health Services Act; physical check-ups; insurance coverage

SB 124

Children; medical support; inclusion in child support orders

HB 139

Chiropractors; sale of vitamins, minerals, or food supplements

HB 661

Code Revision, Title 31.................................... HB 93

Community Services for the Mentally Retarded; fees; payment

HB 638

Control of Infectious Diseases in Livestock; disposal plants

SB 225

County Boards; members; attendance at meetings; compensation

HB 607

County Boards; persons authorized order drugs, treatment or studies

HB 209

Refer to numerical index for page numbers

2488

JOURNAL OF THE SENATE

HEALTH (Continued)

Dead Bodies; cremated remains; vital records; burial at sea .................. SB 252

Dead Bodies or Bodily Parts; unlawful removal from a grave ................. SB 275

Dead Bodies; suspected infectious agents; blood tests; specimens

SB 318

Decedents in Nursing Homes; county of residence; estates

HB 157

Emergency Medical Services; paramedic clinical preceptor; trainees

SB 380

EMS Services; paramedics; trainees; clinical preceptors; supervision

of prehospital care; base station facilities; ambulances

SB 320

Family and Children Services; child protective intervention

HB 390

Handicap Identification Cards; medical, transportation; seating

HB 601

Head Injuries; treatment, rehabilitation, prevention; study of

SR 241

Head-Injured Persons; facilities serving; certificate of need

exemption............................................................. SB 134

Head-Injured Persons; traumatic brain injury; clarify term

SB 235

Head-Injured Persons; traumatic brain injury; facility review; term

SB 360

Health Planning Agency; executive director; confirmation by Senate

SB 138

Hearing Aid Dealers; apprentice dispensers' permits; requirements

SB 343

Hearing Testing in the Workplace; technicians authority to perform

HB 364

Hepatitis B; vaccination program for certain public employees; costs

SB 313

High Risk Health Insurance Plan, Georgia; create public corporation

SB 267

Hospital Authorities; member selection method; counties over 290,000

SB 97

Hospital Authorities; open records; exemption; commercial plans

HB 140

Hospital Authorities; reports; revenue receipts, expenditures

SB 184

Hospital Authorities; use of sales proceeds; assist individuals

SB 229

Hospital or Medical Care Insurance; group coverage; applicability

SB 338

Human Fetus or Any Part Thereof; crime of buying and selling

HB 634

Infectious Diseases; disclosure to purchasers of real estate

HB 519

Informed Consent for Medical Treatment; time period for obtaining

HB 817

Insurance; assessment of legislative proposals mandating coverage

HB 813

Living Wills; witnesses ..................................................... HB 76

Long Term Care Facilities; violations; alternative to closure

SB 366

Medicaid Drug Costs; urge actions to control pharmacy expenditures

SR 104

Medical Malpractice; period of limitation; tolling; records..................... HB 895

Medicare, Medicaid Patients; medical practitioners required to treat

HB 702

Mental Illnesses; deceased persons; examination of clinical records

SB 40

Mental Retardation Prevention; adrenal hyperplasia screening

SB 39

Mental; services to Medicaid recipients; review reimbursable

coverage .............................................................. SR 217

Mentally Retarded Persons; residential care; admission criteria

HB 331

Obstetrical Care; committee to study decreasing accessibility

SR 267

Personnel Shortages in Health Care Fields; committee to study

HR 31

Pharmacy Services; workers' compensation insurers; restrictions

HB 686

Physicians in Underserved Rural Areas; service cancelable loans

HB 567

Podiatrists; licensing; education; reciprocity; complaints ...................... HB 503

Poison Control; duty of person applying pesticides; customer warning

HB 204

Public Health Buildings; financing; revenue bond debt; voter

approval .............................................................. SR 121

Radiation Control Act; state agencies designated; transfer powers

SB 378

Radium or Roentgen Rays; prohibit use by electrologists

SB 396

Smoking Prohibited; state funded public places; designated areas

SB 95

State Boxing Commission; termination date; June 30, 1995

HB 7

Vital Records; copies, reports; evidence; changes to Title 24. .................. SB 336

Refer to numerical index for page numbers

INDEX

2489

HEARD COUNTY Commissioner; compensation Franklin-Heard County Water Authority; change name Superior Court; judges; salary supplement; apportionment

HB 578 HB 1018
SB 332

HEARING IMPAIRED Audiometric Tests in Workplace; technicians; authority Georgia Service Center for Hearing Impaired Persons; establish Hearing Aid Dealers; apprentice dispensers' permits; requirements Telephone Service; study of state-wide dual party system

HB 364 SB 38 SB 343 SB 310

HENRY COUNTY Board of Commissioners; chairman, county-wide elections; repeal county administrator; referendum Sheriff, Probate Judge, Superior Court Clerk, Tax Commissioner; compensation

HB 980 HB 979

HENRY COUNTY HIGH SCHOOL; commend................................. SR 17

HICKS, JACKSON WILEY; 100th Birthday; recognize

SR 262

HICKS, MARVIN W. "CAP"; elected Senate Sergeant at Arms

Page 19

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation)

Auto Junkyards, Graveyards, proximity to residential areas

SB 163

Code Revision, Title 32. .................................................... HB 93

Contracts; bids by disadvantaged businesses

SB 131

Counties, Municipalities; negotiated contracts for road systems

SB 274

Designate; A. T. Land, Sr. Highway; S.R. 112, Wilkinson Committee

HR 277

Designate; bridge in Murray Committee for William A. Ridley

SR 39

Designate; bridge in Putnam Committee for Battle Smith

SR 95

Designate; bridge in Wilkinson County as Lightwood Knot Bridge

HR 242

Designate; causeway in Stewart County for George S. Lee

HR 66

Designate; Creek Indian Trail Scenic Highway; Randolph, Clay Counties

HR 228

Designate; Juliette Gordon Low Highway; portion State Highway 48,

Chattooga County, entrance to Camp Juliette Low

HR 110

Designate; Peach Parkway; segment of Fall Line Freeway at Byron

HR 190

Designate; portion of State Route 54 as Floy Farr Parkway

SR 36

Designate; portion of State Route 54, Peachtree City; Floy Farr Parkway

HR 105

Designate; portion of State Route 74, Fayette County as Joel Cowan

Parkway ............................................................. SR 35

Designate; portion State Route 85, Peachtree City as Joel Cowan

Parkway ............................................................... HR 104

Designate; State Highway 212; Baldwin County for Thomas Humphrey ......... HR 19

Designate; U.S. 441 Business Historic Route; Habersham County ............... HR 74

Developmental Highway System; Governor's Road Improvement Program ....... HB 16

Economic Development Highways; Transportation Study Committee........... SR 168

Equal Opportunity Office of DOT; director report to commissioner

SB 126

Farm Trailers, Semitrailers; slow-moving vehicles; lights,

reflectors .............................................................. HB 538

Federal Transportation Trust Funds; urge Congress remove budget

SR 142

Interstate Highways; emergency road closings; State Patrol authority

HB 329

Limited-Access Roads Within Municipality; authorization; consent

HB 757

Mass Transit and Heavy Rail; state-wide system; direct DOT to study

SR 183

Motorcycle Operators; wearing headsets or headphones

HB 280

Motorcycles; use of headsets, headphones for communication purposes

SB 118

Motorists Emergencies; devices to assist in seeking aid; relative to............. SR 238

Public Contractors; breached bonds; evidence; changes to Title 24

SB 336

Refer to numerical index for page numbers

2490

JOURNAL OF THE SENATE

HIGHWAYS, BRIDGES AND FERRIES (Continued) School Zones; school-crossing guards; powers State Tollway Authority; financial obligations; bonds, notes, loans Truck Tractors-Semitrailers; length limitations; increase; equipment Truck Tractors-Semitrailers; length, weight per axle; equipment Trucks; Georgia Forest Products Trucking Rules; enforcement Vehicles; length limitations; extended loads; required equipment Vehicles Transporting Automobiles, Live Poultry; maximum length Vehicles Transporting Farm Produce, Livestock; 67 Vi feet length

HB 128 HB 758
SB 53 HB 53 HB 887 HB 431 HB 473 HB 464

HILL, TRICEY; State 4-H Club President; commend ........................... SR 85

HINESVILLE, CITY OF Mayor or City Council; vacancies; method to fill Municipal Elections; districts; terms; residency; referendum

HB 852 HB 956

HISTORIC PRESERVATION Ad Valorem Taxes; preferential assessment; fair market valuation Georgia Registry of Historic Places; establishment; powers; duties Local Ordinances; regulation of districts, zones, sites

HB 225 HB 226 HB 799

HOGE, ALICE E.; designated Assistant Secretary of the Senate

Page 18

HOMELAND, CITY OF; corporate limits; change

HB 821

HOMELESS PERSONS Chatham-Savannah Authority for the Homeless; create Mentally Disabled, Elderly; residential care facilities; financing State Housing Trust Fund for Homeless Commission; strategies; goals

HB 897 SB 51 SB 208

HOMERVILLE, CITY OF; municipal elections; qualifying; posts; terms

HB 950

HOMESTEAD EXEMPTION Albany; additional homestead exemption, persons 65 or over Atlanta, ad valorem taxes; certain elderly, disabled persons Cartersville; residents 62 years or over; disabled; referendum Emanuel County Development Authority; property tax exemption Fulton County; homestead exemption; disability determination Rincon; ad valorem taxes; persons 65 years or older Shiloh; exempt city ad valorem taxes; referendum Smyrna; certain disabled residents Smyrna; homestead exemption; residents 65 years or older

HB 1016 SB 334 HB 929 HB 347 HB 778 HB 984 HB 530 HB 237 HB 236

HORNE, DR. SIDNEY; commend

SR 274

HOSPITALS (See Health Care Facilities or Health or Human Resources)

HOTELS AND MOTELS Alcoholic Beverages; Sunday sales; certain counties, municipalities Local Excise Tax; additional 1 % to fund domed stadium facility

SB 277 HB 1

HOUSE OF REPRESENTATIVES Agriculture and Consumer Affairs Committee Chairman; membership; Aquaculture Development Commission Health Insurance Benefit Bills; subject to review; assessment Notify Governor General Assembly Convened Open Meetings Requirements; meetings of appointed committees

HB 420 HB 813
HR 2 SR 4

HOUSING (See Buildings and Housing)

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INDEX

2491

HOUSTON COUNTY

Houston County Drug Action Council (HODAC); commend ................... SR 219

Houston Judicial Circuit; probation officers; county supplement

HB 1061

Macon College; urge Board of Regents convert to four-year regional

college ................................................................. SR 123

Motor Vehicle Registration; designated periods; repeal Act.

HB 1060

State Court; solicitor; change provisions

HB 741

HOUSTON JUDICIAL CIRCUIT; probation officers; salary; county supplement....................................................... HB 1061

HUDGINS, SENATOR FLOYD; resignation letter ......................... Page 22

HUGGINS, SENATOR WAYMOND C.; excused

Page 379

HUMAN RESOURCES (Also See Social Services or Health)

Actions for Damages; service of process or notice; procedures

HB 864

Adoption Laws and Programs; committee to study

SR 185

Autism Resource Center at Emory University; support development

SR 203

Board; approve property conveyance in Richmond County

HR 295

Child Protective Intervention Services; duties; powers; reports

HB 390

Children, Youth Programs; decategorize resources to counties; budget

SB 382

Commissioner; membership; Governor's Development Council

HB 215

Community Services for the Mentally Retarded; fees; ability to pay

HB 638

Day-care Centers; religious nonprofit schools, local church ministry;

commissioning; regulation; fire safety standards ............................ HB 114

Department; contracts; Georgia State Games, Olympic Training Centers

SB 194

Department; duty to prosecute fraud in obtaining public assistance ............ SB 128

Department; education of children in custody; procedures; records

SB 350

Department; juvenile justice services; funding; subsidy program

SB 227

Department; land exchange; YDC detention facility in Clayton County

SR 120

Department; physician underserved rural areas; loan program

HB 567

Department; radiation control; regulate generating equipment

SB 378

Division of Rehabilitation Services; provide employer notices

SB 215

Employees; juvenile probation workers; retirement membership

SB 28

Employees of State Hospitals; night shift duty; salary supplement

SB 47

Head Injury Treatment and Rehabilitation; committee to study

SR 241

Hearing Impaired Persons, Georgia Service Center; establish

SB 38

Homeless Housing Planning; development of programs; agencies defined

SB 208

Insurance and Educational Reinvestment Act (GIERA) for AFDC Children

SB 13

Juvenile Offenders; community based services; urge expansion

SR 149

Juveniles Committed to YDC's; subsidies for community based services

SB 383

Juveniles; places of detention; definitions; procedures; notices ................. SB 180

Licensed Facility Serving Head-Injured Persons; certificate of need

SB 134

Medicaid, Medicare Patients; medical practitioners required to treat

HB 702

Medicaid Prescription Drug Bidding and Rebate Program; establishment

SB 268

Medicaid Prescription Drug Bidding and Rebate Program; establishment

HB 70

Medicaid Recipients; medicare supplement insurance; deceptive sales

SB 234

Medicaid; reimbursable psychological coverage; review age factor

SR 217

Mentally Retarded Persons; court ordered residential care; criteria

HB 331

Metropolitan Youth Development Center; close facility; other uses

SR 155

Office of Child Support Recovery; revise enforcement provisions

SB 115

Property Conveyance; Georgia Federation of Colored Women's Clubs, Inc.

HR 35

Public Assistance; termination; AFDC children not attending school

SB 98

Public Assistance; unauthorized payments or overpayments; recovery

HB 716

Public Health Division; persons authorized order drugs or treatment

HB 209

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2492

JOURNAL OF THE SENATE

HUMAN RESOURCES (Continued) White County Outdoor Therapeutic Facility; property conveyance

HR 165

HUMANA HOSPITAL-AUGUSTA BURN CENTER; commend .............. SR 230

HUMPHREY, THOMAS; designate highway for; Baldwin County

HR 19

HUNTING (See Game and Fish)

IDEAL, CITY OF; new charter

SB 168

IDENTIFICATION DOCUMENTS Alcoholic Beverage Sales; improper use of traffic citations Birthdate; giving false date to law enforcement officer; misdemeanor Handicapped Persons; personal identification cards; issuance; fees Voter Registration; cards issued by Public Safety Department

HB 399 HB 32 HB 601 HB 404

ILA, CITY OF; mayor and councilmen; terms of office

HB 872

INCOME TAX (Also See Revenue and Taxation) Estimated Taxes; time for installment payments Incorporate Federal Law to Georgia Revenue Code; applicability Job Tax Credit; business creating new jobs; less developed counties Magistrates' Retirement System; income benefits not taxable Net Income of Individuals; mortgage interest; dependent's unearned income; Subchapter "S" corporation income

HB 485 HB 483 HB 240 SB 283
HB 486

INDEMNIFICATION Corporate Officers; Georgia Business Corporation Code Public Officers, Employees; disclosure; evidence; change Title 24 Public Safety Personnel; subrogation, remove provision

HB 335 SB 336 SB 85

INDIGENT PERSONS

Chatham-Savannah Authority for the Homeless; create

HB 897

Community Services for the Mentally Retarded; fees; payment

HB 638

Criminal Defendants; legal services; attorney's pro bono services

HB 105

Homeless Housing Planning; development of programs; agencies defined

SB 208

Insurance and Education Trust Program (GIERA) for AFDC Children

SB 13

Medicaid Drug Expenditure; urge cost-effective measures

SR 104

Medicaid Prescription Drug Bidding and Rebate Program

SB 268

Medicaid Prescription Drug Bidding and Rebate Program

HB 70

Public Assistance; unauthorized payments or overpayments; recovery

HB 716

Public Assistance, Food Stamps or Medicaid; fraudulently obtaining

SB 128

Public Defender Office; counties; General Assembly create local

law .................................................................... SB 251

Public Housing; fraudulently obtaining ...................................... SB 52

Water; residential service; past due bills; disconnect limitations

SB 15

INDUSTRY AND LABOR COMMITTEE; Senator James Tysinger act as Chairman ........................................................ Page 515

INDUSTRY AND TRADE Commissioner; membership; Aquaculture Development Commission Commissioner; membership; Governor's Development Council Corporate Takeovers; rights, options, warrants to purchase shares Department; change name, title of department, board, commissioner

HB 420 HB 215 HB 245
SB 82

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INDEX

2493

INDUSTRY AND TRADE (Continued)

Department; Georgia Music Hall of Fame; site selection; advertising ........... SR 176

Fair Employment Practices Act of 1989; unlawful practices ................... SB 232

Georgia Dome, Project Number GWWC-2; authorize sell surplus land .......... SR 64

Seed Capital Fund; creation; business development capital.................... HB 151

Trade Secrets; definition; contractual rights ................................. HB 252

World Congress Center Act; financing, construction domed stadium

HB 223

INFORMED CONSENT FOR MEDICAL TREATMENT; time period

HB 817

INMATES (Also See Corrections or Courts)

Absconded Probationers; running of probated sentence suspended; date

HB 616

Confinement; county institutions; boarding fees, medical costs................. SB 149

Correctional Facilities; overcrowded; facilitate rapid construction

HB 499

Correctional Industries; vocational training; use of earnings ................... SB 257

Employment or Training in the Community ................................. HB 576

Imprisonment Without Parole; certain felonies; drug trafficking;

murder ................................................ SR 96

Parole; certain felony offenders; minimum time to serve sentence.............. SB 280

Persons Convicted Drug Trafficking; no pardon, no parole ........... SR 65

Probation Supervisors; jurisdiction within judicial circuits ..................... SB 69

Probation; revocation; confinement alternative; supervision period .............. HB 94

Probation; revocation; failure return residential facility ........................ SB 66

Probation; violations; revocation; confinement jurisdiction..................... HB 576

Probation; work or community service lieu of incarceration .................... SB 67

Profits of Crime; Crime Victims Emergency Fund; distribution ................. SB 62

Transmittal of Information on Convicted, Indicted Persons; filing ............. SB 354

Voluntary Surrender Program; eligibility; travel expenses; contempt ........... HB 466

INSURANCE

Accident and Sickness Policies; benefits, coverages, reimbursements

HB 674

Accident and Sickness; cancellation, nonrenewal; prior notice ................. HB 203

Accident and Sickness; Child Health Services Act; physical check-ups ......... SB 124

Accident and Sickness; child support orders; provide for coverage ............. HB 139

Accident and Sickness; contracts; group coverage; applicability ................ SB 338

Accident and Sickness; group; policyholder grace period for payment

HB 207

Agency Contracts; termination; grounds; notify commissioner ................. SB 125

Agents; property, casualty; unfair termination; urge certain actions ............. SR 27

Agents, Brokers; licensing; ground for revocation, refusal;

fiduciary capacities; records; commission payments ......................... HB 175

Assessment of Proposed Accident and Sickness Coverage Act; enact

HB 813

Auctions on Behalf of Insurance Companies; regulations; exceptions

SB 198

Brokers; placement of insurance with certain insurers; conditions .............. HB 181

Cancellation of Policies by the Insured; procedures; effective date ............. HB 511

Child, Spousal Support Orders; inclusion of certain medical coverage .......... SB 115

Code Revision, Title 33. .................................................... HB 93

Commissioner; campaign contributions; industrial loan insurers

prohibited............................................................... SB 30

Commissioner; campaign contributions; insurers prohibited ................... HB 286

Commissioner; documents; evidence; changes to Title 24...................... SB 336

Commissioner; duties; annual report to General Assembly; contents............ HB 178

Commissioner; duties; rule-making; hearings; Administrative

Procedure Act .......................... HB 358

Commissioner; duty to publish complaints against insurance companies ....

SB 31

Consumer Advocate; create position; duties; rate filings ........................ SB 36

Consumer Advocate; create position; participate rate filings .................... SB 33

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2494

JOURNAL OF THE SENATE

INSURANCE (Continued)

Corporations; insurable interest in the lives of certain persons

HB 472

Department; certain employees prohibited from outside employment

SB 34

Farmers; Mutual Fire Companies; funds; deposits; risks retained

HB 484

Georgia High Risk Health Insurance Plan; create public corporation

SB 267

Group; requirements; multiple employer welfare a-rangements

HB 176

Group Self-insurance; workers' compensation; maintenance of funds

HB 367

Health Care, Access to; commission to study factors limiting

HR 162

Health Care, Access to; commission to study factors limiting................... SR 70

Health; group; authorize county boards of education provide members

HB 440

Health; proposed legislation mandating benefits; review, assessment

HB 813

Health; public school employees; coverage; confidential records

HB 608

Health; public schoolteachers; coverage; records confidentiality

HB 606

Health; state employees; definition; subordinate coverage; records

HB 613

Holding Companies; acquisition, merger of domestic insurers

SB 233

Indemnification; corporate officers; Business Corporation Code

HB 335

Indemnification of Public Safety Personnel; subrogation ....................... SB 85

Industrial Life; premiums exceeding policy benefit amount; prohibit

SB 29

Industrial Loan Licensees, Insurers; campaign contributions

prohibited .................................................. ....... SB 30

Insurance and Education Trust Accounts; program for AFDC Children

SB 13

Insurer's Pool, Fund; Georgia High Risk Health Insurance Plan

SB 267

Insurers Insolvency Pool; claims; exclusions; recovery; advertising

HB 514

Insurers Insolvency Pool; definitions; claims; rights; advertising

SB 233

Insurers; alien or unauthorized; placement by brokers; conditions

HB 181

Insurers; deceptive practices indirect response advertising..................... HB 183

Insurers; domestic; examination requirements; change date

HB 205

Insurers; domestic; transfer of domicle to another state

HB 566

Insurers; failure to show good faith in paying claims; damages

SB 306

Insurers; investment; variable annuity contract; profit-sharing plan

HB 513

Insurers; liability or casualty; disclosure to claimant or attorney ............. .SB 175

Insurers; liability or casualty; disclosure to claimant or attorney

HB 216

Insurers; out-of-state group master policies; information to insured

HB 674

Insurers; property and casualty; loss adjustment reserves; reports

HB 182

Insurers; security deposits; acceptable forms; definition

HB 510

Insurers; self-insured employers; workers' compensation; trust fund

SB 60

Liability; fire sprinkler companies, employees; requirements

HB 535

Liability; obstetricians; study of claims against .............................. SR 267

Long-term Care; attachment of rider to life insurance

HB 206

Loss Reserve Specialists; definition; duties .................... ............. HB 182

Medical Malpractice Actions; periods of limitation; tolling

HB 895

Medicare Supplement Policies; regulate unfair trade practices

SB 234

Motor Vehicle; adjusters; use of aftermarket crashparts; disclosure

HB 201

Motor Vehicle; ambulances operated by political subdivisions

SB 307

Motor Vehicle; applicability to persons not domiciled Georgia

HB 501

Motor Vehicle; cancellation; notices; reinstatment; suspended

license ................................................... HB 99

Motor Vehicle; committee to study personal auto premium costs

SR 204

Motor Vehicle; costs containment; tort threshold; committee to study

SR 60

Motor Vehicle; coverage for damaged safety equipment; requirements

SB 224

Motor Vehicle; failure to have; suspended licenses; restricted permits ........... SB 7

Motor Vehicle; insured's stolen vehicle; affidavits; false statements

SB 50

Motor Vehicle; loss of income benefits; sole corporate shareholder

HB 57

Motor Vehicle; new purchasers; underwriting decision limitations

SB 127

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INDEX

2495

INSURANCE (Continued)

Motor Vehicle; no proof of minimum coverage; incarceration

SB 199

Motor Vehicle; premium discount; eligibility; defensive driver

course ...................................................... ......... HB 437

Motor Vehicle; reduced discount; eligibility; defensive driver course............ SB 49

Motor Vehicle; salvage certificate of title; insurer's application ................ HB 201

Motor Vehicle; total loss claims; value determination; guidelines. ............. SB 32

Personal Lines; homeowner, auto, marine; rates, underwriting rules

SB 35

Premium Taxes; counties; funding of services unincorporated areas

HB 617

Property; vehicle service agreements, extended warranties; regulate

HB 314

Rates, Underwriting Rules, and Related Organizations; regulate

SB 300

Vehicle Service Agreements, Extended Warranties; property insurance

HB 314

Workers' Compensation; pharmacy service benefits; restrict insurers

HB 686

Workers' Compensation; rehabilitation; assessment; time period

HB 891

INTEREST (See Banking and Finance or Commerce and Trade)

INTERIOR DESIGNERS; licensing and regulation; state board . . . . . ..... SB 305

INTERNAL REVENUE CODE

Incorporate into Georgia Revenue Code; applicability

HB 483

Variable Annuity Contracts; retirement profit-sharing plans ................. HB 513

IVEY, JAMES R., JR.; purchase of state property, Baldwin County ............ SR 23

JAILS, JAILERS

Cities of 300,000 or more; traffic court fines for facilities . ........ ........ SB 363

County Jails; felony inmates; boarding fees, medical costs .................... SB 149

Delinquent Children; detention; no contact with adult offenders

SB 180

Detention Buildings and Facilities Authorities; creation; powers ............... SB 367

Detention Buildings and Facilities Authorities; local projects

SB 367

Jail Construction and Staffing Act; enact........................... ......... SB 26

Jails; financing; revenue bonds which incur debt; voter approval

SR 121

Joint Regional Jails; multiple county operated; powers; staffing

HB 576

Juvenile Detention Prior to Adjudication; guidelines

SB 371

Municipal; offenses bailable only before superior court judge

SB 255

Overcrowding; state of emergency; facilitate rapid construction

HB 499

Peace Officers; misconduct complaints; investigation procedures

SR 218

Voluntary Surrender Program; criteria; travel expenses ....................... HB 466

JASPER COUNTY

Board of Education; elections; composition; residency; referendum

SB 259

Superior Court; clerk; annual salary; fees property of county .................. SB 376

JEFF DAVIS COUNTY; commissioners; staggered terms; clerk; compensation HB 835

JEFFERSON COUNTY Chief Magistrate and Other Magistrates; selection method Tax Commissioner; compensation

HB 610 HB 609

JEKYLL ISLAND STATE PARK AUTHORITY; additional member; member's leasing property .................................................. SB 99

JENKINS, CONGRESSMAN ED; introduction, remarks ..................... Page 839

JESUP, CITY OF; corporate limits; change

HB 841

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2496

JOURNAL OF THE SENATE

JOEL COWAN PARKWAY

Designate; portion of State Route 74 in Fayette County

SR 35

Designate; portion of State Route 85 ....................................... HR 104

JOHNSON, ANDY, NATIONAL 4-H CHAMPIONSHIP; commend

SR 74

JOHNSON, WALTER A., SR.; honoring ...................................... SR 256

JOHNSON, WAYNE, UGA QUARTERBACK; commend

SR 108

JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEM; contracts; hospital authority employee credit unions ........................................... HB 475

JONES COUNTY; board of education; chairman, members; compensation ...... HB 342

JONES, CONGRESSMAN BEN; introduction, remarks ...................... Page 116

JONESBORO JUNIOR HIGH SCHOOL; commend

SR 19

JUDGES (Also See Courts)

Compensation; appellate court judges; supreme court justices .................. HB 55

Council of Juvenile Court; juvenile detention data; inspection

SB 180

Juvenile; Purchase of Services Program; commend; urge expansion ............ SR 149

Magistrate Court; create retirement system under board of trustees

SB 283

Probate Court Council; members; contracts for educational materials

SB 104

Probate Court; salaries; longevity increases .................................. SB 159

Probate Courts; retired; marriage ceremonies, authority to perform ............ HB 339

Probate Courts; retirement fund; calculation of benefits; earnings

SB 58

Probate Judges, Executive Council of Georgia; members; election;

term ................................................................... HB 107

State Court; candidates for election; residency qualifications .................. HB 192

State Court; retired; judge emeritus; judicial assistance;

compensation ............................................................ HB 10

Superior Court; judges' secretaries; reemployed; pay step level ................ HB 191

Superior Court; retirement contributions; member reelected 1988 .............. SB 160

Superior Court; retirement contributions; member reelected 1988 ............... SB 75

Superior Court; retirement membership; 75 year old reelected judge

... SB 76

Superior Court; retirement; benefits; domestic relations orders

SB 160

Superior Court; retirement; right to remain member other fund ................ SB 79

Superior Court; retirement; vesting requirements; senior judges ............... SB 279

Superior Court; services by senior judges; compensation ...................... SB 324

Trial; retirement; service credit; computed salary, change years ................ SB 71

Trial; sentencing; death penalty cases; deadlocked jurors ...................... SB 25

Workers' Compensation; administrative law judges; salaries ................... HB 274

JUDICIAL CIRCUITS

Alcovy Circuit; superior court; judges; salary supplement ..................... HB 903

Atlanta Circuit; superior court; additional judge ............................. HB 721

Atlantic Circuit; additional judgeship; conditional effective date ............... SB 167

Blue Ridge Circuit; superior court judges; county supplement ................ HB 1080

Blue Ridge Circuit; superior court judges; salary supplement;

Cherokee and Forsyth Counties .......................................... SB 406

Chattahoochee Circuit; Fifth Superior Court judge ........................... HB 559

Cherokee Circuit; superior court; additional judge, court reporter .............. HB 922

Clayton Circuit; district attorney; county supplement........................ HB 1003

Clayton Circuit; probation officers; salary; county supplement

HB 1021

Clayton Circuit; superior court; judges; county supplement

HB 1004

Cobb Circuit; court administrator, support personnel

SB 176

Cobb Circuit; district attorney, assistants; salary; supplement

HB 977

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INDEX

2497

JUDICIAL CIRCUITS (Continued)

Cobb Circuit; superior court; judges; county supplement ...................... HB 982

Coweta Circuit; superior court judges; salary supplement ..................... SB 332

District Attorneys; duties; traffic misdemeanor trials

SB 273

Divorce Proceedings; rules of mediation in domestic cases

SB 181

Eastern Circuit; fifth judge; Chatham County

HB 306

Gwinnett Circuit; superior court judges; supplement to salary

HB 1066

Houston Circuit; probation officers; county supplement

HB 1061

Investigative Grand and Trial Juries; special trial districts ..................... SR 58

Judgeships; committee to study ethnic makeup, elections, districts

SR 111

Lookout Mountain Circuit; additional judge, court reporter; Catoosa,

Chattooga, Dade and Walker Counties .................................... SB 132

Lookout Mountain Circuit; probation officers; county supplement............. HB 1002

Macon Circuit; district attorney; salary; counties supplement.................. HB 906

Macon Circuit; judges; change county supplement

HB 642

Northeastern Circuit; superior court judges; salary supplement; Dawson,

Lumpkin, Hall, White Counties .......................................... SB 405

Probation Supervisors; jurisdiction, duties defined ............................ SB 69

Southern Circuit; additional judge; conditional effective date

SB 142

Stone Mountain Circuit; judges; DeKalb County supplement

HB 886

Superior Court; judges; nonpartisan elections, primaries; candidacy

SB 165

Superior Court; senior judge may serve as judge; compensation

SB 324

Tallapoosa Circuit; terms; Haralson, Paulding, Polk Counties

HB 412

JULIETTE GORDON LOW HIGHWAY; designate; Chattooga County ...... .HR 110

JUNK DEALERS; auto graveyards; radius to residential areas

SB 163

JURIES (Also See Courts)

Board of Commissioners; duties; lists, compilation, revision ................... HB 524

Jurors; civil trials; retaining alternates until agreed upon verdict

HB 106

Jurors; expense allowance; increases by grand jury actions ..................... HB 96

Sentence; death penalty cases, judge's authority with divided jury

SB 25

Witnesses; revise, supersede Title 24 relating to rules of evidence

SB 336

JUVENILE JUSTICE COORDINATING COUNCIL; subsidies to counties SB 383

JUVENILE PROCEEDINGS (Also See Courts or Minors)

Children Sentenced Custody DHR or Corrections; education; procedures

SB 350

Community Based Services for Children; funding; traffic fines

SB 353

Community Based Services; subsidies to counties to develop

SB 383

Court Appointed Special Advocates (CASA); commend and encourage

SR 167

Delinquency Proceedings; district attorney duties; records .................... SB 287

Detention Buildings and Facilities Authorities; local projects .................. SB 367

Detention or Interim Control Prior to Adjudication; guidelines

SB 371

Development of Innovative Children and Youth At-Risk Programs

SB 382

Evidence; conform provisions in changes made to Title 24

SB 336

Juvenile Felons; confinement time; calculation; prior detention time .......... HB 111

Legislative Committee to Review Juvenile Justice System, Services ............ SB 355

Metropolitan Youth Development Center; close facility; other uses

SR 155

Places of Detention; limitations

SB 180

Purchase of Services for Juvenile Offenders Program; commend

SR 149

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2498

JOURNAL OF THE SENATE

K

KAHN, DR. BERNARD L.; commend ........................................ SR 134

KAUFMANN, ALICE; serve as nurse, General Assembly medical aid station Page 83

KENAF PLANT; committee to study use for commercial purposes............. SR 177

KENNEDY, SENATOR JOSEPH E.; elected Senate President Pro Tempore Page 18

KENNESAW, CITY OF

Corporate Limits; change .................................................. SB 403

Corporate Limits; change

HB 998

KEYSVILLE, CITY OF; new charter

SB 392

KIDNEY DISEASE TREATMENT CENTERS, DIALYSIS; certificate of need.................................. ....................... HB 51

KINGSLAND, CITY OF; corporate limits; change

HB 523

KLUKA, RAY; commend .................................................... SR 273

LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security

or Workers' Compensation)

Amusement, Carnival Ride Safety; Governor's Employment, Training

Council

HB 568

Boiler and Pressure Vessel Safety Act; liquefied petroleum gas

HB 689

Boiler Pressure Vessel Rules; Governor's Employment, Training

Council

HB 568

Code Revision, Title 34. .................................................... HB 93

Commissioner; membership; Governor's Development Council

HB 215

Department; committee to study youth work experience, service corps

SR 220

Department; supplemental appropriations

HB 214

Employees; insurance benefit plans; multiple employer arrangements

HB 176

Employer Liability for Negligent Torts of Independent Contractors

SB 81

Employer; duty to post notice of DHR rehabilitation services

SB 215

Employers; wage assignments; child and spousal support orders; costs

HB 139

Fair Employment Practices Act of 1989; unlawful practices

SB 232

Governor's Employment and Training Council; creation; powers, duties

HB 568

Hearing Testing in the Workplace; authorized technicians

HB 364

Labor Department; custodian; convey property located in Atlanta ............. SR 126

MARTA; wage issue disputes; neutral arbitrator; qualifications ................ SB 112

Public Employee Hazardous Chemical Protection; Governor's Employment

and Training Council; duties

HB 568

Self-insured Employers; workers' compensation; guaranty trust fund

SB 60

State Employees; complainants of unlawful practices; statuts reports

HB 292

State Employees; Quality of Work Life (QWL) Study Committee

SR 159

To and From Place of Employment; suspended driver's license; permits

SB 7

Unemployment Compensation; educators between academic terms

HB 569

Unemployment Compensation; employer contribution rate; special cases;

benefits ................................................................ HB 581

Unemployment Compensation; layoffs; payments from pension,

profit-sharing plans

HB 368

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INDEX

2499

LABOR AND INDUSTRIAL RELATIONS (Continued)

Unemployment; economically distressed areas; job tax credits

HB 240

Wage Assignment; child and spousal orders; employer costs

SB 115

Workers' Compensation; appeals; regulate rehabilitation suppliers

HB 274

Workers' Compensation; construction design professionals; immunity

HB 319

Workers' Compensation; group self-insurance; maintenance of funds

HB 367

Workers' Compensation; peace officers; disability benefits ..................... SB 389

Workers' Compensation; pharmacy benefits, mail order, copayment fees

HB 686

Workers' Compensation; redefine injury; benefits, disability income,

rehabilitation suppliers; physician selection;

modified awards ......................................................... SB 61

Workers' Compensation; rehabilitation benefits; assessment;

time period ............................................................ HB 891

Workers' Compensation; self-insured employers; guaranty trust fund

SB 60

LAGRANGE, CITY OF Mountville Water Authority; assets and obligations; transfer to City School Superintendent; board of education elect and appoint; term

HB 362 SB 247

LAKE OCONEE; fishing; commercial baskets; limit number per person

HB 134

LAKE PARK, CITY OF; elections; mayor, councilmen; terms; oath............ HB 913

LAKE SIDNEY LANIER; sewage discharge; boats constructed before 1978 SB 309

LAKE SINCLAIR; fishing; commercial baskets; limit number per person

HB 134

LAMAR COUNTY WATER AND SEWER AUTHORITY; create

HB 551

LAND USE PLANS; counties of 250,000 or more; requirements; zoning

SB 316

LAND, A.T., SR., HIGHWAY; designate in Wilkinson County ................ HR 277

LANDFILLS (Also See Waste Management)

Local Governments; additional regulations; limitations......................... SB 96

Proximity to Residential Areas; prohibitions ................................. SB 163

Recycling and Land Preservation Study Committee .......................... SR 117

Sanitary; operator, inspector certification; financial responsibility ............... SB 70

Solid Waste Collection; private contracts; expiration date

SB 237

Solid Waste Disposal Facilities; local assistance; loans ......................... SB 83

Solid Waste Disposal Sites; distance adjoining certain counties ................ HB 102

Solid Waste Disposal; sites, permits; limit local authority

SB 226

Solid Waste Management Joint Study Committee............................ SR 103

LASETER, BEN, NATIONAL 4-H CHAMPIONSHIP; commend

SR 72

LAUNDRY DETERGENTS; phosphorus reduction plans; local ordinances HB 719

LAVONIA, CITY OF; municipal elections; mayor and councilmen ............. HB 823

LAW ENFORCEMENT OFFICERS AND AGENCIES

Chief Executive Training; new police chiefs, head of enforcement

units ................................................................. SB 122

Code Revision, Title 35............ HB 93

Conservation rangers; duties; control land baited for hunting dove

HB 734

Criminal Justice Coordinating Council; additional member

HB 430

Criminal Justice Coordinating Council; membership; state school

superintendent ......................................................... SB 101

Department of Corrections Tactical Squad; commend

SR 231

Dog Control Offices; duties; control of dangerous dogs ........................ HB 630

Firearms Dealers; reports to local agencies; pistol, revolver sales................ SB 91

Refer to numerical index for page numbers

2500

JOURNAL OF THE SENATE

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued)

Giving False Birthdate to Law Enforcement Officer; penalty

HB 32

Hepatitis B Vaccinations; costs............................................. SB 313

Indemnification; remove subrogating state to cause of action

SB 85

Jurisdiction; death scenes; peace officer in charge; definition

HB 878

Juvenile Probation Workers; retirement membership

SB 28

Local; training; child abuse reports; protective intervention

HB 390

Medical Examiner's Office; definition; medical legal investigator

HB 878

Merit System Employees; overtime pay; computation; compensatory time

SB 46

Offense of Fleeing or Eluding Police; criminal penalties; increase

SB 196

Peace Officer and Prosecutor Training; funding; additional penalties

SB 322

Peace Officer Standards and Training Council; executive director;

investigators; training; powers; subpoenas

HB 125

Peace Officers; definition; retired officer from service of U.S.

HB 238

Peace Officers; injured line of duty; compensation; time period

.SB 389

Peace Officers; misconduct complaints; investigation procedures

SR 218

Peace Officers' Benefit Fund; GBI narcotics agents

HB 706

Peace Officers' Benefit Fund; membership; redefine 'peace officer'

HB 43

Peace Officers' Benefit Fund; membership eligibility; certain person

SB 170

Peace Officers' Benefit Fund; payments to fund; filing; forms

HB 42

Peace Officers' Benefit Fund; persons ineligible Firemens Pension

Fund ................................................................ SB 152

Peace Officers' Benefit Fund; prior service credit; purchase

SB 172

Peace Officers' Benefit Fund; prior service credit

SB 182

Police Chief Emeritus; retirees; create honorary office

SB 242

Police Stations; financing; bonds which incur debt; voter approval

SR 121

Post-mortem Investigations; reports; fees, repeal provisions

SB 319

Public Safety Deputy Commissioner; appointment; duties

SB 260

Public Safety, Uniform Division; emergency road closings;

jurisdiction ....................................................... HB 329

Public Safety, Uniform Division; qualifications; citizenship

SB 262

Public Safety, Uniform Division; waive mandatory retirement age

SB 282

Records of Juvenile Felony Acts; inspection; retention; sealed

SB 191

Records; dissemination; admissible evidence; parties to lawsuits

HB 380

Retirement; creditable service; 25 years; disability allowances

SB 210

Seizure of Property; disposition; use of proceeds; illegal drugs

SB 288

Seizure of Property; informer rewards; illegal drug violations

SB 146

Seizure of Property Used Commission of Felony; reports; proceeds

SB 23

U. S. Marshals Service 200th Anniversary; commend

SR 228

Vehicles in Pursuit of Violators; exceeding certain speed limit

SB 330

Watercraft; abandoned vessels; disposition procedures ........................ HB 476

Witness Fees; payments; exception when received overtime pay

SB 103

LAWN SPRINKLER SYSTEMS; installers, repairers, exceptions to licensure HB 600

LAWNMOWERS; liens upon garden equipment serviced or repaired

SB 317

LAWRENCEVILLE, CITY OF; corporate limits; change

HB 446

LAWRENCEVILLE MIDDLE SCHOOL BASKETBALL TEAM; commend

SR 194

LAWS AND STATUTES; municipal officers, employees; compensation increases; effective date ............................................................ SB 364

LAWS, HONORABLE H. FRANK OF CLAXTON; condolences to family

SR 169

Refer to numerical index for page numbers

INDEX

2501

LEASE AND RENTAL BUSINESSES (Also See Commerce and Trade) Automobile Rental Agreements; excessive fuel charges; prohibitions Motor Vehicle; prohibit requiring empty gasoline gauge upon return Vehicle Leasing Agency; licenses; Used Car Dealers' Registration Act Vehicle Leasing, Rental Companies; regulate

SB 156 SB 130 SB 214 HB 565

LEE COUNTY; deputy sheriffs; employment provision

HB 760

LEE, CLIFFORD E.; commend .............................................. SR 208

LEE, GEORGE S.; designate causeway, Chattahoochee River, Stewart County HR 66

LEE, GEORGE SALTER; condolences to family

SR 109

LEGAL ADVERTISING

Official County Organ; probate court judge notify Secretary of State

SB 145

Publisher's Rates; increase ................................................. SB 271

Rates Allowed to Publishers; increase

HB 839

Tax Executions for Ad Valorem Property Taxes; requirements

HB 637

Write-in Candidates; notice of intent of candidacy; affidavits

HB 408

LEGAL DEFENSE OF INDIGENTS; counties; public defender offices

SB 251

LESTER, JAMES L.; elected to State Transportation Board

Pages 196, 197

LIBEL AND SLANDER ACTIONS; visual, sound broadcasts; evidence; retraction; damages

SB 239

LIBERTY COUNTY; Atlantic Judicial Circuit; additional superior court judge SB 167

LIBRARIES Postsecondary Vocational Education Library Needs; committee to study State Library and State Law Library; revise, transfer duties, powers

SR 9 HB 587

LICENSE PLATES (Also See Motor Vehicles or Staggered Tag Sales)

Fees; repeal use of surety bond to purchase; tag agents

HB 101

Processors of Vehicle Registration Applications; performance bonds

HB 582

Special; certified firefighters; conditions for issuance

HB 301

Special; colleges; conditions for issuance; applications; fees

SB 342

Special; colleges, universities; conditions for issuance

HB 301

Special; disabled veterans; special design, color

HB 100

Special; rebuilt or salvage vehicles; elected officials; disabled

persons; public safety assigned vehicles; county name

decals........................................................ ......... .HB 131

Special; U.S. military reserves, national guard, veterans

SB 308

Staggered Tag Sales; Lowndes County

HB 297

Staggered Tag Sales; renewal period; name; fees; referendum

SB 339

Staggered Tag Sales; Tattnall County

HB 783

LIENS

Bicycle, Motor Scooters, Mopeds, Garden Equipment; repair services

SB 317

Motor Vehicles; abandoned; agents for lienholder; duties

SB 337

Motor Vehicles; abandoned; foreclosure; change requirements

SB 328

Motor Vehicles; abandoned; towing and wrecker services; study of

SR 245

Property; commencement of actions; filing of notices; requirements

HB 545

Property; rehabilitated historic buildings; deferred taxes ...................... HB 225

Watercraft; abandoned vessels; removing, storage fees; foreclosure

HB 476

LIEUTENANT GOVERNOR ZELL MILLER; Address

Pages 76, 2366

Refer to numerical index for page numbers

2502

JOURNAL OF THE SENATE

LILBURN, CITY OF Corporate Limits; change ...................... ......................... HB 669 Mayor and Council Members; 4-year terms; residency requirements ........ HB 562

LIQUEFIED PETROLEUM GAS; pressure vessels used for storage ........ HB 689

LIVING WILLS SIGNED BY PATIENTS; additional witnesses ............. HB 76

LOANS (Also See Banking and Finance or Grants) Motor Vehicle Sales Financing; credit approval; vehicle delivery ............... SB 263 Service Cancelable Program for Physicians in Underserved Rural Areas ........ HB 567

LOBBYISTS ................ Pages 151, 186, 308, 473, 666, 884, 1234, 1556, 2173, 2373

LOBBYISTS, REGISTERED AGENTS representatives of state agencies . SB 265

LOCAL GOVERNMENT (Also See Counties or Municipalities)

Alcoholic Beverages; Sunday sales; certain counties, municipalities........ .... SB 277

Ambulances Operated by Political Subdivisions; insurance coverage . . . ....... SB 307

Annexation of Areas in Certain County by a Municipality; limitation . . . . . HB 962

Authorities Authorized to Issue Bonds; annual report of indebtedness

HB 248

Billiard Rooms; licensing and regulation ...... ......

........ . . . . . SB 291

Bond Proceeds; authorized investments or reinvestments; restrictions .......... HB 631

Buildings; state minimum standard codes; enforcement ................. . HB 154

Children and Youth; at-risk community innovative programs; subsidies ..... SB 382

Code Revision, Title 36...................................... ...... HB 93

Combatting Drug Crimes; National Guard assist; committee to study ............ SR 6

Contracts; public works; bids; functions delegated privatized entity ............ SB 296

Contracts; public works; letters of credit in lieu of bonds

HB 269

Contracts; public works; not exceeding $40,000; bond requirements ........ HB 309

Counties of 250,000; land use plans; planning and zoning decisions ....... . . SB 316

Counties of 350,000; waste disposal sites; adjoining county approval . ...... HB 102

Counties of 550,000 or more; traffic violations; court reports .................. SB 248

Counties; boards, authorities; upcoming grand jury appointments

HB 599

Counties; candidates for certain offices; qualifications; affidavits ............... HB 407

Counties; chief deputy voter registrars; exempt restrictions ............. . . . . HB 346

Counties; chief magistrate, magistrates; official bonds and oaths ............. HB 108

Counties; chief magistrates; minimum compensation................... .... SB 372

Counties; county attorneys; vacancies; reappointment; removal ............ .SB 171

Counties; economically distressed; business job tax credits ............ ....... HB 240

Counties; employees of county officers; personnel administration .............. SR 139

Counties; employees of county officers; personnel administration . . . ........ SB 179

Counties; expenditure of funds; insurance, retirement benefits..........

. . SB 269

Counties; insurance premium taxes; use of proceeds; specify budget

HB 617

Counties; Jail Construction and Staffing Act; procedures to enact. .............. SB 26

Counties; juvenile justice community based services; subsidies ................. SB 383

Counties; juvenile workers, probation officers; funding subsidies ........ .... SB 227

Counties; medical examiners; define medical legal investigator ............... HB 878

Counties; medical examiners; post-mortem exams; fees; reports ................ SB 319

Counties; officers, personnel; insurance, retirement expenses. .................. SB 249

Counties; proposed grand jury increases to bailiffs, jurors; approval

HB 96

Counties; surveyors; abolish elected office; provide appointment

HB 288

County Boards of Health; members attending meetings; compensation ......... HB 607

County Office of Public Defender; General Assembly create local law

SB 251

Dangerous Dog Control; local ordinances; registration; liability

HB 630

Detention Buildings and Facilities Authorities; powers; projects

SB 367

Development Authorities; project; intercollegiate athletic facility

SB 369

Elected Officials Qualifying Other Office; office declared vacant

SR 42

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INDEX

2503

LOCAL GOVERNMENT (Continued)

Elections; candidates for civil office; residency requirements ...... ......... HB 401

Elections; candidates; challenges to qualifications; time period

HB 234

Elections; counting of write-in ballot cards ........

.................. . HB 59

Elections; office of state court judge; qualifying period ................ HB 192

Elections; superintendents, registrars, boards; annual training .............

HB 62

Elections; vote disclosure; prohibited

...

.....................

HB 405

Elections; voter registration cards; provide for issuance .............

HB 72

Elections; write-in candidates; notice of intent; filing; publishing

. ... HB 408

Equalized Adjusted School Property Tax Digest; committee to study .......... SR 152

Excise Tax on Rooms, Lodging; special districts; change rates,

local option .................... ..... ....

..................... HB 1

Excise Tax on Rooms, Lodging, Accommodations; aggregate amount

HB 474

Family Violence Centers; grants of county or municipal funds................. HB 469

Fire Departments; certified firefighters; special license plates ......... ........ HB 301

Fire Departments; emergency powers; bomb threats ...................... . HB 217

Fire Departments; minimum requirements for organization

HB 620

Funeral Processions; police escort services; fees; right of way . . . . . ........... HB 409

Hazardous Waste; notification of facility permit applications

HB 75

Hepatitis B Vaccinations; certain public employees; costs .......... ......... SB 313

Historic Preservation Ordinances; districts, zones, sites .................... HB 799

Hospital Authorities; use of sales proceeds; additional powers ................. SB 229

Housing Authorities; commissioners; appointment; qualifications......... . . . SB 154

Housing; bonds; special allocation pools; qualified projects; shares

HB 843

Joint Municipal Employees Benefit System; employers; credit unions .......... HB 475

Land Use Plans; protected mountain areas; enforcement

SB 1

Land-Disturbing activities; expand authority to control erosion

SB 16

Law Enforcement Agencies; use of property seized for drug violations ......... SB 288

Metropolitan APDC's; operating expenses; contributing dues .................. HB 163

Motor Vehicle Registration and Taxing; staggered system; procedures.......... SB 339

Municipal Officers, Employees; compensation increases;

effective date ............................ .............. ............... SB 364

Municipalities; annexation; boundaries of certain school systems ............. SB 370

Municipalities; consent; limited-access road; rail line,

rapid busway ..... ................................... ........... . HB 757

Municipalities; elected officers; terms; change by local law . . . ...........

HB 113

Municipalities; elections; blind persons; assistance in voting ................... HB 254

Municipalities; elections; poll places; restrictions;

voter assistance ................................... ................

HB 403

Municipalities; elections; vote recount; procedures.......................

SB 42

Municipalities; elections; vote tabulation; computers, optical scan... ...... SB 348

Municipalities; elector's address changes; new registration card ................ HB 400

Municipalities; licensing of towing, wrecker services ....................... . . HB 492

Municipalities; natural gas distribution facility; PSC jurisdiction .............. HB 788

Municipalities; petitions to amend charters; procedures ...... ................ HB 723

Municipalities; street improvement bonds, assessments; interest rate ........... HB 377

Municipalities; voter registration; use of identification cards ................ HB 404

Municipalities; voting by 'personally interested' council members .......... SB 169

Municipalities; water facilities; tampering or theft; ordinances ................. SB 244

Nuisance Ordinances; buildings used connection with drug crimes ............. HB 810

Olympic Games Contracts; authority to participate ............ .............. HB 659

Planning, Development; standards, procedures; inclusion of certain

minimum elements; proposal review; regional impact ......

HB 215

Police Chiefs, Heads of Enforcement Units; chief executive training ........... SB 122

Refer to numerical index for page numbers

2504

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued)

Professional Boxing Matches and Wrestling Exhibitions; licensure .............. HB 15

Public Authorities; change name, style of operation; board powers

HB 350

Public Officials Ineligible Hold Office; crimes relating to office

SR 116

Public Officials; recall procedures; Recall Act of 1989; enact

SB 37

Public Officials; wrongful use of office; offense of extortion.................... SB 218

Public Works Contractors; bonds; security deposits; filing; actions

HB 679

Public Works Projects; relocation assistance; land acquisition ................. HB 414

Public Works, Road Systems; negotiated contracts; bids; waivers

SB 274

Recreation Systems; volunteer coaches, instructors; limit liability

HB 54

Redevelopment Powers Law; redefine 'taxable value' of property

HB 247

Regional Development Centers; membership; dues; data base network

HB 215

Revenue Bonds; debt incurred for public facilities; voter approval

SR 121

Revenue Bonds; issuance without referenda; committee to study

SR 138

Rewards; felony cases; authority to offer .................................... HB 432

Sales Tax; imposition of 4% state sales tax; applicable provisions

HB 474

Sales Tax; joint county, municipal; rate increase; repeal authority

HB 45

Sales Tax; joint county, municipal; special districts; distribution

HB 220

Sales Tax; special 1% for school systems; other revenue source ................ SR 97

Solid Waste Collection; private contracts; expiration;

municipalities .......................................................... SB 237

Solid Waste Disposal Facilities; siting decisions; public notices

SB 70

Solid Waste Disposal Sites; limit authority; counties of 295,000

SB 226

Solid Waste Disposal Sites; permits; adjoining county approval

HB 102

Solid Waste Disposal Facilities; assistance; loans; fees ......................... SB 83

Solid Waste Handling or Disposal; additional local regulations ................. SB 96

Solid Waste; multijurisdictional facilities; committee to study

SR 103

Urban Enterprise ones; tax exemption; certain housing units

HB 515

Wastewater; phosphorus reduction plans; sale of laundry detergents

HB 719

Water Facilities; contracts; grants; lease; fees; tax-exempt status ............... SB 86

Water; pollutant spills at water, sewer treatment works;

notices ................................................................ HB 345

Water Priority During Shortages; nurserymen, landscapers.................... SR 237

Water Supply Sources; management plans; filing; drainage systems

SB 157

LOCKLEAR, MARY JANE, MCDUFFIE COUNTY PROBATE JUDGE; commend ........................................................................ SR 226

LONG COUNTY; Atlantic Judicial Circuit; additional superior court judge

SB 167

LONG, MARVRICK; compensate ........................................... HR 90

LOOKOUT MOUNTAIN JUDICIAL CIRCUIT

Probation officers; county supplement; maximum amount

HB 1002

Superior Court; additional judge, court reporter; Catoosa, Chattooga,

Dade, Walker Counties; election .......................................... SB 132

LOTTERIES

Amend Constitution to Provide for a State Lottery ............................ SR 8

State Lottery; provide; amend Constitution; proceeds for education

SR 30

LOWNDES COUNTY

Board of Commissioners; members; compensation

HB 621

Board of Education; members; election districts; vacancies .................... HB 295

Enhanced 911 Service District Act; establish; funding; charges

HB 991

Motor Vehicle Registration; staggered period

HB 297

LUDOWICI, CITY OF; elections; five districts; qualifications

SB 375

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INDEX

2505

LUMPKIN COUNTY

Commissioner; compensation .............................................. HB 1048

Superior Court; judges; salary supplement

SB 405

M

MACON COLLEGE; urge Board of Regents convert 4-year college ............ SR 123

MACON, CITY OF

Georgia Music Hall of Fame Commission to Establish Permanent Site

SR 176

Macon-Bibb County Water & Sewer Authority Employees Pension Plan;

benefits; disallow lump sum distribution

SB 341

Mayor and Council Members; time for taking office .......................... HB 736

Middle Georgia Coliseum Authority; revenue bonds

HB 905

MACON JUDICIAL CIRCUIT District Attorney; salary supplement; Bibb, Peach, Crawford Counties Superior Court; judges; change Bibb County supplement

HB 906 HB 642

MADISON COUNTY; board of commissioners; compensation; reimbursed expenses ................................................................. HB 902

MAGISTRATE COURTS

Bonds of Chief Magistrates and Magistrates; filing; oaths, recording

HB 108

Chief Magistrates; minimum compensation .................................. SB 372

Extradition waivers; jurisdiction ............................................ SB 139

Fees Due Sheriffs' Retirement Fund; late payment penalties

HB 643

Jurisdiction; civil claims; amount in controversy

HB 743

Magistrates' Retirement System; establish under board of trustees

SB 283

MALPRACTICE (See Medical Malpractice or Physicians)

MANCHESTER, CITY OF; governing authority; city council and mayor

HB 967

MANUFACTURERS

Materials Affixed Vehicle Windows; light transmission requirements

HB 208

Motor Vehicle; predelivery transportation damages; warranty service

SR 56

Prescription Drugs; contracts; bids; Medical Assistance Department

SB 268

Prescription Drugs; contracts; bids; rebates; Medicaid Program

HB 70

Product Liability; 'use intended' conditions; definition; torts

SB 278

Product Liability; damages involving certain drugs; limitations

SB 190

Seed Capital Fund; creations; investment capital for innovative firms .......... HB 151

MARIETTA, CITY OF

Board of Education; freeholder requirements; vacancies....................... HB 849

Cobb County-Marietta Water Authority; members; terms; quorum;

expenses; wholesale water levy

HB 901

Corporate Limits; change .................................................. SB 401

Downtown Development Authority; property conveyance for parking deck

SR 5

Marietta-Cobb County Anti-Drug Commission Act; enact

SB 340

Marietta-Cobb County Consolidation Study Commission; create

HR 487

Mayor Pro Tern; salary; municipal court employees; appointment;

removal .............................................................. HB 847

Mayor, Councilmen; qualifications; mayor pro tern, salary; lights and

waterworks board; probation office of municipal court

SB 398

MARION COUNTY; superior court; fifth judgeship; procedure ................ HB 559

Refer to numerical index for page numbers

2506

JOURNAL OF THE SENATE

MARRIAGE AND FAMILY THERAPISTS (Also See Domestic Relations

or Professions)

Business and Occupational Taxes; exempt from levy

HB 194

Licensing; qualifications ................................................... SB 294

MARSHALL, HONORABLE THOMAS O.; Supreme Court Justice; address ................................................................ Page 137

MARTA

Contracts for Passenger Vehicles; limit powers

SB 110

Fares for Transportation Services; special groups

SB 109

Membership; remove Clayton, Gwinnett Counties

SB 111

Property, Facilities Adjacent Stations; authority of city to lease

HB 497

Reserve Funds Investments; interest earned; use of proceeds

HB 670

State-wide Mass Transit and Heavy Rail Systems; direct DOT to study........ SR 183

Wage Issue Disputes; neutral arbitrator; appointment; residency

SB 112

MARTIN, TOWN OF; municipal officers, taking of office; mayor

HB 270

MATHIAS, JANET P.; compensate ........................................ HR 222

MCALPINE, HONORABLE STEPHEN; Lieutenant Governor of Alaska; introduction ........................................................... Page 2294

MCDUFFIE COUNTY

Board of Commissioners; compensation; expense allowance

HB 304

Coroner; annual salary .................................................... HB 305

MCGILL, SAM P., SENATOR, DISTRICT 24; condolences to family ........ SR 66

MCINTOSH COUNTY; Atlantic Judicial Circuit; additional superior court judge .................................................................... SB 167

MCWHORTER, HAMILTON, JR.; elected Secretary of the Senate

Page 18

MCWHORTER, MAC, WEST GEORGIA COLLEGE FOOTBALL COACH; invite ................................................................... SR 69

MECHANICS' AND MATERIALMEN'S Lienholder of Abandoned Vehicles; agents; duties Property Liens; commencement of actions; filing; notices; procedures

SB 337 HB 545

MEDIA, NEWSMEDIA, TV, CABLE, RADIO, NEWSPAPERS (Also See

Telecommunications or Advertising or Legal Advertising)

Complaints against Insurance Companies; public dissemination

SB 31

County Organs; probate court judge notify Secretary of State

SB 145

Legal Advertisements; publisher's rates; increase

SB 271

Public Opinion Polls; election polling places; prohibitions ..................... HB 403

Publishers of Legal Advertisements; allowable rates .......................... HB 839

Radio, Television; advertisements by insurers; deceptive practices ............. HB 183

Visual or Sound Broadcasts; libel actions; evidence; retractions ................ SB 239

MEDICAID (See Medical Assistance)

MEDICAL ASSISTANCE Appropriations; supplemental; FY ending 6-30-89; claims for FY 1988 Department; Medicaid Prescription Drug Bidding and Rebate Program Department; Medicaid Prescription Drug Bidding and Rebate Program Medicaid Drug Costs; urge actions to control expenditures Medicaid Patients; medical practitioners required accept and treat Medicaid; reimbursable psychological services; review age factor Medicare Supplement Insurers; deceptive sales to medicaid recipients

HB 98 HB 70 SB 268 SR 104 HB 702 SR 217 SB 234

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INDEX

2507

MEDICAL EXAMINERS, CORONERS, AUTOPSIES (Also See Public Officers)

Coroners; certification; annual training requirements ......................... SB 192

Coroners; interment of unclaimed cremated remains

SB 252

Embalming, Specimens, Blood Tests; suspected infectious agents

SB 318

Medical Examiners, State Board; authority; licensing; education

SB 94

Medical Legal Investigator; defined as peace officer in charge

HB 878

Post-mortem Exams and Autopsies; fees; reports

SB 319

Post-mortem Exams; reports; records; evidence; changes to Title 24

SB 336

MEDICAL MALPRACTICE Civil Actions; statute of limitations; failure to file affidavit Obstetricians; committee to study exposure to liability actions Periods of Limitation; tolling; delay obtaining medical records

SB 329 SR 267 HB 895

MEDICAL PRACTICE (Also See Physicians or Professions and Businesses)

Audiometric Tests; technicians performing workplace hearing tests

HB 364

Child Health Services Act; physical check-ups; insurance coverage

SB 124

Chiropractors; sale of vitamins, minerals, or food supplements

HB 661

Commission to Study Access to Health Care

HR 162

Commission to Study Factors Limiting Health Care Access .................... SR 70

Delegation of Authority; dispensing drugs, orders for treatment,

studies

HB 209

Electrolysis; licensure; state board regulate; electrology schools

SB 396

Georgia High Risk Health Insurance Plan; create public corporation

SB 267

Health Care Personnel Supply and Planning; committee to study

HR 31

Hospital Staff Privileges; applicants; disciplinary action reports

SB 333

Informed Consent for Medical Treatment; time period for obtaining

HB 817

License to Practice; qualifications; treat medicare, Medicaid

patients ....................................................... HB 702

Malpractice Actions; statute of limitations; affidavits

SB 329

Malpractice Actions; statute of limitations; tolling; circumstances

HB 895

Medical Examiners Board; licensure; renewal conditions; education

SB 94

Obstetricians; committee to study exposure to liability actions

SR 267

Physicians in Underserved Rural Areas; loans to physicians

HB 567

Physicians, Staff; witnesses to living wills

HB 76

Podiatrists; licensing; education; reciprocity; complaints

HB 503

Prehospital Emergency Care; EMS paramedics; ambulance services

SB 320

Steriods, Anabolic; dangerous drugs; illegal use, distribution

HB 71

MENTAL HEALTH

Alcohol Treatment Programs; effective date postponed to July 1, 1995

HB 4

Autism Resource Center at Emory University; support development

SR 203

Clinical Records of Patients; change cross-references, Title 24

SB 336

Clinical Records; deceased mentally ill patients; records release ................ SB 40

Code Revision, Title 37..................................................... HB 93

Community Based Residential Services; mentally disabled persons

SB 51

Head-Injured Persons; traumatic brain injury; clarify term

SB 235

Head-Injured Persons; traumatic brain injury; define term

SB 360

Health Care Fields; personnel shortages; committee to study

HR 31

Institutions; confinement of principal on appearance bonds; detainer

HB 187

Mental Retardation; inherited metabolic disorders; adrenal hyperplasia

SB 39

Mentally 111 Persons; guardianship; committee to study law revision

SR 193

Mentally Retarded; fees for community services; payment

HB 638

Mentally Retarded; residential care; admission criteria; petitions

HB 331

Northwest Regional Hospital; designate Ellis Hale Training Center

HR 22

Refer to numerical index for page numbers

2508

JOURNAL OF THE SENATE

MENTAL HEALTH (Continued)

Northwest Regional Hospital; designate Mildred Knight Prevocational

Center .................................................................. HR 22

Northwest Regional Hospital; designate Romeo Diprima Center

HR 22

Nursing Home Federal OBRA-87 Reform Criteria; urge flexibility ............. SR 202

Psychological Services to Medicaid Recipients; reimbursable coverage

SR 217

Services to Children and Youth; resources; innovative programs ............... SB 382

MERIT SYSTEM

Classified Service; compensation during appeal of dismissal action ............... SB 3

Classified Service; employees on-call status; pay on weekend

SB 2

Classified Service; overtime pay; computation; eligible employees

SB 46

Employee Flexible Benefit Plan; eligibility; public school employees

HB 724

Employees; complainants of unlawful practices; status reports

HB 292

Employees; computation of sick leave; conversion to personal leave

SB 41

Employees; state hospitals, correction facilities; night shift pay

SB 47

Employees; working test period; interdepartmental transfers .................... SB 9

Employees; working test period; interdepartmental transfers

HB 104

Employees; working test period; management review procedures

HB 291

Officers and Employees; political activities; conditions defined

SB 6

State Personnel Board; health insurance plan; membership of Hazardous

Waste Management Authority

HB 768

MERIWETHER COUNTRY Board of Commissioners; compensation; change maximum Superior Court; judges; salary supplement; apportionment

HB 461 SB 332

METROPOLITAN AREA PLANNING AND DEVELOPMENT (See Development Authorities or Authorities)

METROPOLITAN ATLANTA OLYMPIC GAMES AUTHORITY ACT;

enact

........ HB 659

MIDDLE GEORGIA COLISEUM AUTHORITY; revenue bonds

HB 905

MIDDLE GEORGIA COLLEGE; urge Regents Board convert to four-year college ................................................................... SR 243

MILITARY AFFAIRS (See Also Veterans)

Disabled Veterans; reduced fees, state parks, historic sites .................... HB 129

Employees' retirement system; military credit; active duty 1955-57

SB 223

Employees' retirement system; military service credit; withdrawal

SB 78

Motor Vehicle License Plates; disabled veterans

HB 100

National Guard; use of; combat drug trafficking; committee to study

SR 6

Vehicle License Plates; military reserve, national guard, veterans

SB 308

MILLEDGEVILLE, CITY OF; Development Authority; property conveyance on U.S. Highway 441....................................................... SR 54

MILLER BREWING COMPANY OF ALBANY; commend

SR 261

MILLER, LIEUTENANT GOVERNOR ZELL; address ............. Pages 76, 2366

MILLER, LIEUTENANT GOVERNOR ZELL; happy birthday wishes

SR 189

MILLER, REBECCA JANE; compensate ...... HR 215

MINORITIES Disadvantaged Businesses; contract bids, transportation department Educators; study of recruitment, retention in public schools Fair Employment Practices Act of 1989; unlawful practices

SB 131 SR 246 SB 232

Refer to numerical index for page numbers

INDEX

2509

MINORITIES (Continued)

Financial Institutions; competing businesses; unfair practices.................. SB 150

Teacher Hiring Practices; State Department of Education investigate

SR 52

MINORS

Abandonment of a Child Resulting in Death; felony penalty ................... HB 29

Abandonment of a Child; suspension of sentences; procedures.................. SB 65

Admission to Billiard Rooms; duty of operator to post notices ................ SB 291

Adoption; nonspecial and special needs children; committee to study .......... SR 185

Alcoholic Beverages; sellers; improper ID; traffic citations ..................... HB 399

At-Risk Children and Youth; community innovative programs; subsidies

SB 382

At-Risk Children and Youth; prevention services, programs; policy

SB 374

Athlete Agents; professional sports contracts; regulation; notices

SB 43

Athletics; state-wide competitions; Olympic training sites ..................... SB 194

Birthdate; giving false date to law enforcement officer; misdemeanor

HB 32

Child Abuse Victims; encourage court appointed special advocates

SR 167

Child Abuse; protective intervention; welfare services, court orders

HB 390

Child and Spousal Support; enforcement; extensive revisions

HB 139

Child Custody; age child select parent with whom to live

SB 391

Child Custody; appellate review; applications for appeal

SB 238

Child Support; civil support payments; collection

SB 63

Child Support; enforcement; revise extensively; wage assignments

SB 115

Child Support; noncustodial parent assumes custody; payment relief

SB 212

Children and Youth Commission; membership; change reference .............. HB 628

Children and Youth Commissions; counties; investment fund;

traffic fines ............................................................. SB 353

Children and Youth Legislative Overview Committee; creation

SB 355

Children of Divorced Parents; joint custody provisions; study ................. SR 225

Children Sentenced Custody DHR or Corrections; education; procedures

SB 350

Competency to Testify in Criminal Cases; evidence .......................... SB 216

Criminal Penalties for Persons Distributing to Minors ........................ HB 520

Day-care Centers; religious nonprofit schools; regulate; fire safety

HB 114

Delinquency Proceedings in Juvenile Courts; district attorney duties........... SB 287

Delinquent Children; places of detention; limitations; transfers ................ SB 180

Driver's License; instruction permit violations; restrict licensing

HB 402

Drivers' License; mandatory suspension for alcohol, drug offenses

SB 68

Drug Abuse; committee to study means to combat drug trafficking

SR 199

Drugs; prohibited conduct on property used for school purposes............... SB 204

Education; compulsory school attendance; change to age six

SB 292

Education; enrollment eligibility determination; change date

SB 129

Education; primary grades; eligibility; assessment instruments

SB 205

Education; Public School Choice Joint Study Committee ...................... SR 92

Education; school attendance requirements; AFDC recipients .................. SB 98

Education; school attendance; permit where parent teaches ................... HB 321

Education; school disciplinary tribunals; confidentiality ....................... SB 368

Education; school readiness assessment; eliminate ............................. SB 57

Education; school readiness assessment; uniform test instruments ............. HB 731

Evidence; competency to testify in criminal cases ............................ HB 218

Foster Care Review Panels; juvenile court judges; encourage .................. SR 148

Insurance and Educational Reinvestment Act, GIERA; AFDC families

SB 13

Insurance Coverage; physical check-ups to age five ........................... SB 124

Juvenile Detention or Interim Control Prior to Adjudication .................. SB 371

Juvenile Felons; restrictive custody; confinement time; calculation ............ .HB 111

Juvenile Justice Services; funding for workers, probation officers .............. SB 227

Juvenile Law Enforcement; delinquency hearings; records; inspection .......... SB 191

Refer to numerical index for page numbers

2510

JOURNAL OF THE SENATE

MINORS (Continued)

Juvenile Offenders; community based services; urge expansion

SR 149

Juveniles Committed to YDCs; community based services; subsidies

SB 383

Legitimation; duty of father to support ..................................... HB 556

Marriage Licenses; improperly issued to; sanctions ......... . . . ........... HB 463

Mental Retardation Prevention; adrenal hyperplasia screening

SB 39

Mopeds; limited driving permits; requirements and use of

SB 304

Motorcycle Riders; protective headgear requirements .................... . ... SB 381

Pawnbrokers; pledged goods; persons under age 18 .......................... SB 264

Personal Injury Claims; natural guardian as next friend; bonds

SB 207

Pocket Pagers, Communication Devices; prohibited public schools

HB 166

Pocket Pagers, Electronic Devices; prohibited public schools

SB 14

Punishment for Misdemeanors; increase fines .................................. HB 2

Steroids, Anabolic; distribution to persons under age 18; punishment

HB 71

Victims of Sexual Offenses, Cruelty; recorded witness testimony

SB 153

Witnesses; evidence; revise, supersede Title 24 relating to rules .... ......... SB 336

Youth Conservation and Service Corps Study Committee .................... SR 220

Youth Substance Abuse Rehabilitation Center; closed YDC facility

SR 155

MISDEMEANOR CASES

Bail; post driver's license; procedures; fees, costs ............................. HB 590

Punishment; increase fines up to $2,000.............................. HB 2

Traffic Offenses; municipal court jurisdiction

HB 443

MOBILE HOMES (See Buildings and Housing)

MONROE COUNTY

State-owned Property; easement for telephone cable

SR 154

Superior Court; clerk; salary in lieu of fees; personnel; budgets ................ SB 253

MONROE, CITY OF; Water, Light, and Gas Commission; membership; terms .................................................................... HB 968

MONTICELLO, CITY OF; employee residency requirements; repeal; municipal court powers .................................................... SB 281

MOPEDS; limited driving permits; requirements and use of ................... SB 304

MORGAN COUNTY; Water and Sewage Authority Act; enact ........ HB 875

MORTGAGES (Also See Property) Deeds to Secure Debt; canceled, satisfied; recording; fees Elderly Homeowners; equity conversion; Residential Finance Authority

HB 898 SB 51

MOTOR FUEL AND ROAD TAXES

Federal Tax on Motor Fuel; urge congressional delegation oppose

HR 112

Federal Transportation Trust Fund; urge Congress remove budget. ............ SR 142

State Sales and Use Taxes; exemptions; applicability ......................... HB 474

MOTOR VEHICLES AND TRAFFIC

Abandoned; agents for persons removing or storing; duties ................... SB 337

Abandoned; foreclosure of liens; change certain requirements

SB 328

Actions Against Nonresident Motorists; service of process; fees .............. .SB 321

Auto Junkyards, Graveyards; proximity to residential areas ................... SB 163

Buses; private school and church buses; vehicle inspection

SR 206

Certificates of Title; odometer reading requirements. ......................... HB 131

Certificates of Title; violations; evidence; changes to Title 24.................. SB 336

Code Revision, Title 40. ......................................... HB 93

Conform Provisions to Changes to Title 24 Relating to Evidence

SB 336

Dealers, Importers, Manufacturers; committee to study practices

SR 56

Refer to numerical index for page numbers

INDEX
MOTOR VEHICLES AND TRAFFIC (Continued) Driver Improvement Clinics; defensive driving courses Driver's License; bail; collateral in misdemeanor cases; procedure Driver's License; DUI offenders; ignition blood alcohol monitoring Driver's License; fees; exempt persons 65 years or older ............ Driver's License; habitual violators; reckless driving; penalties Driver's License; holders of instruction permits; restrictions Driver's License; points assessment; reckless driving, speed violations .................................................... Driver's License; restricted driving permits; to and from purposes Driver's License; revocation; conviction reports; court duties Driver's License; suspended, no insurance; punishment; permits Driver's License; suspension; failure to stop scene of accident Driver's License; suspension; refuse chemical test following accident...................................................... Driver's License; suspension; reinstatement; defensive driving courses ...................................................... Driver's License; Uniform Commercial Driver's License Act; reciprocity ................................................... Driver's License; suspension; DUI; refusal to submit tests DUI; persons disqualified from driving commercial vehicles DUI; probation; require ignition blood alcohol monitoring device DUI; suspension period for refusal to submit to tests............... Emission Inspection; additional sticker after windshield replacement Funeral Processions; right of way; penalties for interrupting Giving False Birthdate to Law Enforcement Officer; penalty Habitual Violators; condemnation, forfeiture of vehicles Handicapped Parking; offenses; penalties; definitions Handicapped Parking; spaces designated for nonambulatory persons; offenses and penalties ........................................ Handicapped Persons; personal identification cards; issuance Heavy Equipment Dealers and Suppliers; regulate Heavy Equipment Used in Construction; regulate dealers, suppliers Insurance; cancellation; violations; surrender license, tags Insurance; committee to study personal auto premium costs Insurance; coverage for damaged safety equipment; no deductible Insurance; defensive driver courses; reduced premium eligibility Insurance; no proof of coverage; increase period of incarceration Insurance; nonresident persons; exempt certain requirements Insurance; personal auto; cost containment; committee to study Insurance; personal auto; facts used in underwriting decisions Insurance; personal auto; regulation of rates, underwriting rules Insurance; premium discounts; eligibility; defensive driver course Insurance; total loss claims; value determination; guidelines Joint Title 40 Study Committee.................................. Juvenile Alcohol, Drug Violations; driver's license suspension Juvenile Traffic Fines; county children and youth commissions Lessors of Rental Vehicles; gasoline gauges registering empty ....... License Plates; fees; repeal use of surety bond by tag agents License Plates; special; certified firefighters. ...................... License Plates; special; colleges; conditions for issuance............. License Plates; special; colleges, universities ....................... License Plates; special; disabled veterans ............. ............ License Plates; special; military reserves, national guard, veterans
Refer to numerical index for page numbers

2511
. SB 49 HB 590 . SB 123 . SB 56 . SB 200 HB 402
HB 146 SB 7
SB 248 HB 99 . SB 195
SB 347
HB 916
HB 130 HB 185 HB 130 SB 123 HB 185
SB 27 HB 409 HB 32 SB 256 SB 164
HB 261 HB 601 SB 141 . SB 148 HB 99 SR 204 SB 224
SB 49 SB 199 HB 501 SR 60 SB 127 SB 35 HB 437 SB 32 HR 316 . SB 68 . SB 353 SB 130 HB 101 HB 301 SB 342 HB 301 HB 100 SB 308

2512

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

License Plates; special; rebuilt or salvaged; disabled persons;

elected officials; county name decals ...................................... HB 131

License Plates; staggered system registering and taxing; procedures ............ SB 339

License Plates; staggered tag sales; Houston County

HB 1060

License Plates; staggered tag sales; Lowndes County ......................... HB 297

License Plates; staggered tag sales; Tattnall County .......................... HB 783

Mopeds; limited driving permits; requirements and use of .................... SB 304

Motor Vehicle Sales Financing; credit approval; vehicle delivery ............... SB 263

Motorcycle Operators; wearing headsets or headphones; purposes .............. HB 280

Motorcycle Riders; protective headgear requirements; change ................. SB 381

Motorcycles; use of headsets, headphones for communication purposes ......... SB 118

Motorists Aid Safety System and Crash Impact Devices; relative to ........... SR 238

Municipal Courts; jurisdiction; misdemeanor traffic offenses ................... HB 443

Offense of Fleeing, Eluding Police; injury to other persons; felony ............. SB 196

Radar Speed Detection Devices; college, university campuses; permits.......... HB 324

Reckless Driving with Suspended or Revoked License; penalties ............... SB 200

Reckless Driving; criminal offense of serious injury; penalties .................. HB 64

Registration; persons processing applications; performance bonds .............. HB 582

School Buses; equipment; configuration, number of flasher lights .............. SB 213

School-crossing Guards; powers; require obedience to orders ................. HB 128

Serious Injury by Vehicle Involving Other Violations; redefine ................ SB 174

Serious Injury by Vehicle While Driving Recklessly; criminal offense............ HB 64

Serious Injury by Vehicle; chemical tests; implied consent; refusal ............. SB 347

Speed Limit; law enforcement vehicles in pursuit; limitations ................. SB 330

Staggered Tag Sales; Cook County ......................................... HB 410

Stolen Vehicles; affidavits to insurers; delivery; false statements ................ SB 50

Towing and Storage Firms; licensing; permits; procedures; penalties ........... HB 492

Traffic Citations; improper ID for sales of alcoholic beverages ................. HB 399

Traffic Infractions; committee to study methods of adjudication ............... SR 201

Traffic Infractions; noncriminal citations; procedures; penalties ................ SB 303

Traffic Misdemeanor Trials in Probate Courts; prosecution

SB 273

Traffic Offenses; misdemeanors; municipal court jurisdiction .................. HB 443

Traffic Offenses; witness fees paid to law enforcement officers

SB 103

Traffic Violations; additional penalties; certain municipal courts ............... SB 335

Traffic Violations; additional penalties; peace officer training .................. SB 322

Traffic Violations; additional 10% penalty for county jail fund ................. SB 26

Traffic Violations; moving hazardous offense; instruction permits .............. HB 402

Trailers, Semitrailers; slow-moving vehicles; visibility; escorts ................. HB 538

Trucks; auto carriers, live poultry transporters; maximum length .............. HB 473

Trucks; farm produce, livestock transporters; 67 Vi feet length................. HB 464

Trucks; log truck driver workshop; Georgia Forestry Association. .............. SR 248

Trucks, Tractors, Trailers, Semitrailers; commercial licensing ................. HB 130

Used Motor Vehicle Parts Dealers; extend state registration board ............ SB 241

Vehicle Leasing, Rental Companies; regulate ................................ HB 565

Vehicle Rental Agreements; excessive fuel charges; prohibitions ............... SB 156

Vehicle Service Agreements, Extended Warranties; insurance rules ............ HB 314

Vehicle Towing a Wrecker Services; committee to study ...................... SR 245

Vehicles Used By Animal Slaughtering Establishments; inspection ............. SB 225

Vehicles Used Commission of Felony; forfeiture procedures .................... SB 23

Vehicles Used in Transporting Children; redefine 'school bus' ................. HB 592

Vehicles; length limitations; extended loads; equipment required .............. HB 431

Windows, Windshields; light transmission requirements; labeling .............. HB 208

Refer to numerical index for page numbers

INDEX

2513

MOTORCYCLES

Headsets or Headphones; use by operators for communication purposes

SB 118

Mopeds; limited driving permits; requirements and use of .................... SB 304

Mopeds, Motor Scooters; liens upon equipment serviced or repaired

SB 317

Motorcycle Awareness and You Month; recognize May, 1989

SR 12

Operators; wearing headsets or headphones for communication purposes ....... HB 280

Protective Headgear; requirements; applicable certain persons

SB 381

MOUNTAIN PARK, CITY OF; mayor and councilmen; compensation

HB 794

MOUNTAINS

Land-Disturbing Activities; soil, water conservation; requirements .............. SB 84

Mountain Protection Act; enact .............................................. SB 1

Natural Resources Department; powers as to projects; jurisdiction

HB 263

MOUNTVILLE WATER AUTHORITY; assets, obligations; transfer to City of

LaGrange

......................... HB 362

MUNICIPAL GAS AUTHORITY OF GEORGIA; legal situs; principal office location . . . ................................................... HB 742

MUNICIPALITIES (Also See Local Government)

Alcoholic Beverages; Sunday sales; in counties of 160,000 or more ............. SB 277

Ambulances Operated by Political Subdivision; insurance coverage ............ SB 307

Annexation of Areas in Certain Populated County; limitation

HB 962

Annexation of Territory; boundaries of certain school systems

SB 370

Annexing Ordinances; limitations; located county of 40,760 or less ............. SB 362

Billiard Rooms; licensing and regulation; change provisions ................... SB 291

Bond Proceeds; authorized investments or reinvestments; restrictions

HB 631

Bonds; school bonds which may be issued without a referendum .............. SR 122

Business License Taxes; exemption; marriage and family therapists

HB 194

Charters; petitions to amend; content; signatures; timeframe .................. HB 723

Children and Youth At-Risk; innovative community programs; grants

SB 382

Contracts Binding Future Councils; 50-year property leases ................... SB 323

Contracts; leases with radius MARTA station; authority ...................... HB 497

Contracts; public works; bids; functions delegated privatized entity

SB 296

Contracts; public works; letters of credit in lieu of bonds ..................... HB 269

Contracts; public works; not exceeding $40,000; bond requirements

HB 309

Dangerous Dog Control Law; warning signs; uniform symbol design

SB 106

Dangerous Dog Control; registration; local ordinances ........................ HB 630

Detention Buildings and Facilities Authorities; creation; powers

SB 367

Elected Officers; change terms; provide by local law .......................... HB 113

Elected Officials Qualifying Other Office; office declared vacant ................ SR 42

Election Superintendents, Registrars; training; requirements; costs

HB 62

Elections and Primaries; counting of write-in ballot cards...................... HB 59

Elections and Primaries; recount of votes; procedures ......................... SB 42

Elections; blind persons; assistance in voting; oath requirements............... HB 254

Elections; candidate financial disclosure; time of filing........................ SB 351

Elections; candidates for civil office; residency requirements

HB 401

Elections; candidates; challenges to qualifications; time period

HB 234

Elections; polling places; handicapped, elderly voters; no waiting

HB 403

Elections; polling places; restrict certain activities, polls .............. ....... HB 403

Elections; vote tabulation; prohibit use of computers, optical scan

SB 348

Elections; voter registration applications; identification cards.................. HB 404

Elections; voter registration; address, precinct corrections ..................... HB 400

Elections; voting by absentee ballot; procedure; persons assisting ................ SB 8

Elections; write-in candidates; notice of intent; ineligible persons

HB 408

Refer to numerical index for page numbers

2514

JOURNAL OF THE SENATE

MUNICIPALITIES (Continued)

Family Violence Centers; authorize grants ................................... HB 469

Fire Departments; emergency powers; bomb threats

HB 217

Hazardous Waste; notification of facility permit applications

HB 75

Hepatitis Vaccination; firemen, EMS technician, public safety

officer .......................................................... SB 313

Historic Preservation Ordinances; districts, zones, sites

HB 799

Hospital Authorities; employee retirement; contracts; credit unions ............ HB 475

Hospital Authorities; records; disclosure; exemption

HB 140

Hospital Authorities; reports; revenue receipts, expenditures

SB 184

Hospital Authorities; use of sales proceeds; additional powers

SB 229

Housing Authorities; cities of 400,000 or more; voting members ............... HB 932

Housing Authorities; commissioners; appointment; certain population

SB 154

Joint County, Municipal Sales Tax; increased state tax; exemptions

HB 474

Land-Disturbing Activities; erosion control; expand authority .................. SB 16

Licensing; vehicle towing and storage firms .................................. HB 492

Limited-Access Roads; consent; regional transportation plans

HB 757

Local Independent Authority Indebtedness Reports; contents; filing

HB 248

Marina; Natural Resources Department powers as to projects ................. HB 263

Metropolitan APDCs; operating expenses; contributing dues

HB 163

Municipal Council Members; voting upon questions; ownership interest

SB 169

Municipal Courts; traffic offenses; additional penalties ........................ SB 335

Municipal Courts; traffic offenses; misdemeanors; jurisdiction

HB 443

Municipal Gas Authority of Georgia; legal situs; principal office ............... HB 742

Municipal Prisoners; intergovernmental contracts with county jails

SB 26

Natural Gas Transmission, Distribution Facilities; PSC jurisdiction

HB 788

Officers and Employees; compensation increases; effective date

SB 364

Olympic Games Contracts; authority to participate

HB 659

Peace officers; injured line of duty; compensation; time period

SB 389

Phosphorus Reduction Plans; regulate sale of household detergents

HB 719

Planning and Development; duty to coordinate; regional centers

HB 215

Police Chiefs; new appointees; chief executive training ....................... SB 122

Property Conveyances Without Bids; certain narrow strips of land

SB 245

Property Seized for Drug Violations; use of proceeds; distribution

SB 288

Public Officials; wrongful use of office; offense of extortion

SB 218

Public Works Contractors; bonds; security deposits; breached bonds

HB 679

Recall of Public Officials; procedures; Recall Act of 1989; enact ................ SB 37

Revenue Bonds; debt incurred for public facilities; voter approval

SR 121

Revenue Bonds; issuance without referenda; committee to study

SR 138

Rewards; felony cases; authority to offer .................................... HB 432

Road Systems; negotiated contracts; dollar amount; bids

SB 274

Sales Tax; joint county and municipal for local school systems ................. SR 97

Sales Tax; joint county and municipal; new distribution formula .............. HB 220

Sales Tax; joint county and municipal; rate increase; repeal authority

HB 45

School Property Tax Digest; state auditor preparation; calculation............. HB 421

Solid Waste Collection; private services contracts; expiration date ............. SB 237

Solid Waste Disposal Facilities; local assistance; loans; fees

SB 83

Solid Waste Disposal Facilities; siting decisions; public notices

SB 70

Solid Waste Disposal Sites; limit authority; counties of 295,000

SB 226

Solid Waste Handling or Disposal; additional local regulations

SB 96

Solid Waste; multijursidictional facilities; committee to study

SR 103

Street Improvement Bonds, Assessments; increase interest rate

HB 377

Traffic Courts; cities of 300,000; fines; fund jail facilities

SB 363

Urban Residential Finance Authorities; bond allocation pool; shares

HB 843

Refer to numerical index for page numbers

INDEX

2515

MUNICIPALITIES (Continued)

Water Facility Projects; contracts; user agreements............................ SB 86

Water Supply Protection Act; management plans; filing; duties

SB 157

Water Treatment Facilities; ordinances protecting; powers

SB 244

Water; pollutant spills at water, sewer treatment works; notices ............... HB 345

Water; priority during shortages; nurserymen, landscapers .................... SR 237

MURDER Life Imprisonment Without Parole; imposition of sentence Persons Convicted Certain Felonies; parole restrictions

SR 96 SB 280

MURRAY COUNTY

Board of Education; continue .............................................. HB 434

Chief Magistrate and Magistrates; change compensation

HB 445

Designate; William A. Ridley Bridge over Conasauga River, Highway 52

SR 39

MUSCOGEE COUNTY

Board of Education; grand jury appointment; committee to study ............. SR 161

Coroner; compensation

HB 969

County-wide Government; councilors; terms; commencement

HB 664

County-wide Government; Personnel Review Board; alternate members

HB 665

Probate Court; judge; change salary ........................................ HB 797

State Court; judges; compensation .......................................... HB 812

State Court; solicitor, assistant solicitor; compensation ....................... HB 861

Superior Court; fifth judgeship; procedure

HB 559

MUSIC INDUSTRY Georgia Music Festival; committee, citizens' council Georgia Music Hall of Fame Commission to Establish in Macon

SR 91 SR 176

N

NATIONAL GUARD

Combat Drug Trafficking; use of manpower; committee to study

SR 6

Georgia National Guard; assistance in fighting drugs .......................... SR 16

Motor Vehicle License Plates; special issuance

SB 308

Property Conveyance; land exchange; City of Bainbridge ..................... SR 127

NATURAL RESOURCES (Also See Game and Fish or Environmental Protection)

A. H. Stephens State Park; easement for telephone fiber optic cable

SR 154

Alligators, Bears; wildlife custody permits required to feed

HB 264

Aquatic Animal, Plant Farming; Aquaculture Development Act; enact ......... HB 420

Clarks Hill Lake, Reservoir, Area; continue name designation

HR 115

Coastal Marshlands Protection Committee; power to grant leases

HB 272

Code Revision, Title 12..................................................... HB 93

Commissioner; membership; Aquaculture Development Commission

HB 420

Commissioner; membership; Governor's Development Council ................. HB 215

Conservation Rangers; retirement; 25 years of creditable service

SB 210

Dangerous Dog Control Law; department duties; design warning sign .......... SB 106

Department; duties with Department of Industry, Trade, and Toursim.......... SB 82

Department; fees, receipts, revenues; committee to study ..................... SR 211

Department; powers as to projects; extend jurisdiction; marinas

HB 263

Department; powers; coordinate statewide planning, development.............. HB 215

Department; radiation control; radioactive, nuclear materials .................. SB 378

Department; Wormsloe Historic Site; street easement ......................... SR 67

Refer to numerical index for page numbers

2516

JOURNAL OF THE SENATE

NATURAL RESOURCES (Continued)

Environmental Protection Division; regulatory agency; erosion control

SB 84

Farmed Fish; domestic species; redefine .................................... SB 193

Farmers; contamination by fertilizer, pesticide use; liability

HB 11

Field and Retriever Trails; hunting license; exemption

HB 50

Fish Hatcheries; channel catfish; commercial sales; licensing

HB 285

Fishing; Lakes Sinclair and Oconee; limit commercial baskets

HB 134

Food Fish; domestic farm products; exclude game fish laws

HB 202

Forest Resources; harvested pine straw; regulate dealers, sellers

SB 88

Foresters, Registered; licensure; qualifications; renewal

SB 272

Forestry; committee to study use of kenaf fibers for paper products

SR 177

Forestry; state commission; director, Governor's Development Council

HB 215

Fort Yargo State Park Lake; water line easement to City of Winder

HR 98

Franklin D. Roosevelt State Park; boundary lines; determination

HR 107

George T. Bagby State Park; designate Creek Indian Trail Scenic

Highway ............................................................... HR 228

Georgia Youth Conservation Corps Act; change certain references

HB 628

Hazardous Waste Management Authority; employee health insurance

HB 768

Hazardous Waste; facility permit applications; public notices

HB 75

Historic Places; certify rehabilitated property; tax classification

HB 225

Historic Places, Georgia Register of; establishment of

HB 226

Hunting Rights; lessees; urge landowner preference to residents

SR 144

Hunting; doves; unlawful enticement; baited land; penalties; signs

HB 734

Hunting; licenses revoked for endangering safety other persons

HB 494

Hunting; quail, turkey gobblers, rabbits; extend open season

HB 134

Hunting; small game, nongame animals, birds; weapons; shell size

SB 106

Jekyll Island-State Park Authority; additional member; leases

SB 99

Lake Sidney Lanier; sewage discharge; boats constructed before 1978

SB 309

Lakes; Richard B. Russell Lake; mountain trout; size limits

SB 106

Land-Disturbing Activities; erosion control; local authority

SB 16

Land-Disturbing Activities; soil, water conservation requirements

SB 84

Landfills; management, handling, disposal of solid waste; regulate

SB 70

Landfills; solid waste disposal sites; permits; powers; duties

SB 226

Landfills; solid waste disposal; local government regulations

SB 96

Landfills; solid waste disposal; proximity to residential areas

SB 163

Marinas, Boat Docks; state owned marshlands; regulate construction

HB 272

Mountain Protection Act; enact

SB 1

Parks, Historic Sites; user fees; reduce for disabled veteran

HB 129

Plant Food Act of 1989; fertilizers, nutrients; regulation of.................... HB 749

Recycling and Land Preservation Study Committee

SR 117

Recycling and Land Preservation; urge communities

SR 26

Scenic Trails System; coordination; regional development centers

HB 215

Shellfish; harvesting oysters, clams; comprehensive regulation

SB 59

Skidaway Island State Park; cooperative project; commend

participants ............................................................ HR 401

Skidaway Island State Park; land exchange; union Camp Corporation

HR 171

Skidaway Island State Park, Citizens' Committee for; commend

SR 170

Soil and Water Conservation Commission; executive director; membership;

Governor's Development Council; district boundaries

HB 215

Soil and Water Conservation Commission, Districts; redefine duties

SB 84

Solid Waste Disposal Sites; permits; adjoining county approval

HB 102

Solid Waste Management Joint Study Committee

SR 103

Solid Waste Management; assistance to local governments

SB 83

State Parks System Study Committee

SR 172

Refer to numerical index for page numbers

INDEX

2517

NATURAL RESOURCES (Continued)

Sweetwater Creek State Park; lease tract to U.S. Corps Engineers ............. SR 164

Timberlands; reforestation; urge capital gains tax differential ................. SR 173

Underground Storage Tanks; environmental fund; jet turbine fuel

HB 155

Water Facility Projects; advisory councils; users and site control

SB 86

Water Quality; phosphorus reduction; local government requirements

HB 719

Water Quality; pollutant spills by Public Owned Treatment Works

HB 345

Water Supply Act; regulation of; utilities, facilities, systems,

reservoirs; construction projects; treatment; distribution;

sale............................................................. SB 86

Water Supply Protection Act; duties; powers; watershed management

SB 157

Water; priority during shortages; nurserymen, landscapers

SR 237

Water, Drinking; residential service; disconnect limitations

SB 15

Watercraft; abandoned vessels; notices; disposition

HB 476

Waterfowl Stamp Fund; hunting stamp requirements; fees; proceeds

HB 56

West Point Lake Joint Study Committee .................................. SR 128

Youth Conservation and Service Corps Study Committee ..................... SR 220

NELSON, CHAP; National 4-H Championship; commend

SR 79

NEWNAN, CITY OF; mayor, council members; elections; terms

HB 378

NEWS MEDIA (See Media or Telecommunications or Advertising)

NEWTON COUNTY

Board of Commissioners; chairman; supplement ............................. HB 678

Superior Court; judges; supplement; salary; cost-of-living .............

HB 903

Water and Sewerage Authority; membership; change provisions

HB 874

NONPROFIT ORGANIZATIONS (Also See Charitable Organizations or Commerce or Corporations) Contributions; university system, regents board employees Religious Schools, Day-care Centers; commissioning; fire safety

HB 159 HB 114

NORCROSS, CITY OF; city council; staggered terms of office ............... HB 1062

NORTH CAROLINA; fishing license reciprocity; Chatuge Reservoir

SB 106

NORTH GWINNETT HIGH SCHOOL MARCHING BAND; commend

SR 153

NORTHEAST GEORGIA SURFACE AND AIR TRANSPORTATION COMMISSION; organization; powers; duties ............................... HB 853

NORTHEASTERN JUDICIAL CIRCUIT; superior court judges; salary supplements; Dawson, Lumpkin, Hall, White Counties .................................... SB 405

NORTHWEST GEORGIA REGIONAL HOSPITAL

Ellis Hale Training and Treatment Center; designate Building 809 ............. HR 22

Mildred Knight Prevocational Center; designate Building 807 .................. HR 22

Romeo Diprima Center; designate Building 403

HR 22

NUISANCES

Agricultural Facilities; exceptions; change definition

HB 692

Auto Junkyards, Graveyards; proximity to residential areas ................... SB 163

Buildings Used Connection With Drug Crimes; closure; local powers

HB 810

Code Revision, Title 41..................................................... HB 93

NUNN, HONORABLE SAM; U.S. Senator; introduction, remarks

Page 484

NURSE OF THE DAY; Alice Kaufmann serve ............................... Page 83

NURSES Authority to Order Drugs, Medical Treatment or Diagnostic Studies Health Care Personnel Supply and Planning; committee to study Hospital Authorities; health care training; financial assistance Rehabilitation Suppliers; registration; workers' compensation board

HB 209 HR 31 SB 229 HB 274

Refer to numerical index for page numbers

2518

JOURNAL OF THE SENATE

NURSING AND PERSONAL CARE HOMES

Decedents in Nursing Homes; county of residence; wills; estate

HB 157

Facilities Serving Head-Injured Persons; certificate of need,

exemption .............................................................. SB 134

Facilities; violations; judgments; alternative to closure; receiver

SB 366

Federal OBRA-87 Reform Criteria; urge flexibility ....................... SR 202

Health Care Fields; personnel shortages; committee to study

HR 31

Living Wills Signed by Patients; additional witnesses

HB 76

Long Term Care Insurance; attachment of rider to life insurance

HB 206

Personal Care Homes; certificate of need; exemption

SB 135

Telephones; resident's private lines; fees for moving

SB 228

o

OAKWOOD, CITY OF; elections; mayor, council; terms; organizational meeting .......................................... HB 422

OBSTETRICIANS; committee to study exposure to liability actions

SR 267

OCONEE COUNTY; Oconee Utility Authority Act; repeal; property

disposition ............................................................... HB 763

OFFENDER REHABILITATION (See Corrections)

OFFICE OF PLANNING AND BUDGET Commission to Study Economy and Efficiency in State Government

SR 140

Director; membership; Governor's Development Council

HB 215

Duties; continuation budget for state agencies; report; contents

SB 326

Duties; monitor cost of state printing; disclosure compliance

SB 299

Duties; report of payments to vendors for state agency purchases

SB 236

Duty of Budget Unit Heads; programs service children and youth

SB 374

Insurance Consumer Advocate; assignment ................................... SB 36

Insurance Consumer Advocate; assignment; provide for appointment

SB 33

Juvenile Justice Services; funding subsidies; distribution formula

SB 227

Private Enterprise Review Commission; assignment

SB 243

OFFICIAL CODE OF GEORGIA (See Code of Georgia)

OGLETHORPE COUNTY

Board of Commissioners; chairman; salary

HB 138

Water Authority; create ................................................... HB 892

OLIVER, CLINT; 1988 Star Farmer in America; commend

SR 51

OLYMPIC GAMES

International Olympic Committee President; address General Assembly

HR 192

Metropolitan Atlanta Olympic Games Authority; creation; organization Training Centers; development of; create State Games Commission

HB 659 SB 194

OPEN MEETINGS

General Assembly Sessions and Appointed Committees; amend Constitution

SR 4

Notices of Special Meetings; requirements of state agencies ................... SB 270

Requirements; Metropolitan Atlanta Olympic Games Authority

HB 659

ORCHARD HILL, CITY OF; exempt Griffin-Spalding County consolidation SB 254

ORGAN DONORS (Also See Anatonical Gifts or Health)

Buying and Selling Human Fetuses; prohibitions

HB 634

OSTEOPATHIC MEDICINE

Hospitals; applicants for staff privileges; disciplinary actions

SB 333

License to Practice; qualifications; treat medicare, Medicaid

patients ................................................................ HB 702

Refer to numerical index for page numbers

INDEX

2519

PALMETTO HIGH SCHOOL FOOTBALL TEAM; commend .................. SR 174

PARAMEDICS (See Emergency Medical Services)

PARDONS AND PAROLES Board; convicted felons serve minimum Va of sentence before parole Board; limit power to grant parole in certain felony cases Board; limit power to parole persons convicted of drug trafficking Board; restrict authority to parole certain felony offenders Information on Convicted Persons; transmittal to board; documents Parolees; supervision; maximum time period for any one offense State Board; change terms of office; amend Constitution State Board; conditions; person convicted drug trafficking State Board; persons permitted appear; attorney's representative

SR 37 SR 96 SR 65 SB 280 SB 354 HB 94 SR 96 SB 220 SB 211

PARENT AND CHILD (Also See Domestic Relations or Minors) Adoption; laws, programs, services; committee to study At-Risk Children and Youth; state, local goals, policy; priorities Child Custody; age child select parent with whom to live Child Custody; divorced parents; joint custody provisions; study Child Support; duty of father in cases of ligitimation of a child Cruelty to Children; reckless abandonment; penalties

SR 185 SB 374 SB 391 SR 225 HB 556 HB 29

PARKER, BONNIE, STAR STUDENT AND STAR TEACHER, HELEN MCCLELLAN; commend ................................................................ SR 269

PARKING LOTS, GARAGES AND SPACES Handicapped Parking; designated spaces; maintenance requirements Handicapped Parking; spaces designated for nonambulatory persons

SB 164 HB 261

PARKS AND RECREATION

County, Municipal Systems; volunteer coaches; limit liability

HB 54

Fort Yargo State Park Lake; water line easement to City of Winder

HR 98

Franklin D. Roosevelt State Park; property boundary lines

HR 107

George T. Bagby State Park; designate Creek Indian Trail Scenic

Highway ................................................ . . . . .

HR 228

Marinas; Natural Resources Department powers as to projects

HB 263

Recreation Examiners, State Board of; termination date; July 1, 1990

HB 8

Skidaway Island State Park, Citizens' Committee for; commend

SR 170

State Parks System Study Committee ...................................... SR 172

State Parks, Historic Sites; user fees; reduce for disabled veterans

HB 129

West Point Lake Joint Study Committee ..................... SR 128

PATIENTS (Also See Medical Practice) Informed consent for medical treatment; time period

HB 817

PAUCAR, HONORABLE LEON ARANGO; Senator from Columbia; introduction, remarks ....................... ........................................ Page 381

PAULDING COUNTY Law Library; additional magistrate court fees Superior Court; terms of court; change

HB 907 HB 412

PAWNBROKERS; prohibited acts; excessive charges; loans to minors; liens SB 264

Refer to numerical index for page numbers

2520

JOURNAL OF THE SENATE

PEACE OFFICERS ANNUITY AND BENEFIT FUND

Creditable Service; certain dated prior service

SB 182

Creditable Service; prior service; time limits for purchase

SB 172

DHR Juvenile Probation Officers, Detention Center Staff; membership

SB 28

Fines and Forfeitures; filing payments to fund; procedure; forms

HB 42

Firemen's Pension Fund; membership eligibility based on employment

SB 152

Membership; eligibility of certain person .................................... SB 170

Membership; redefine 'peace officer'

HB 43

PEACE OFFICERS (Also See Law Enforcement)

Additional Penalties to Fund Peace Officer and Prosecutor Training

SB 322

Annuity and Benefit Fund; credit for certain dated prior service

SB 182

Annuity and Benefit Fund; DHR juvenile probation workers; membership

SB 28

Annuity and Benefit Fund; membership eligibility; certain person

SB 170

Annuity and Benefit Fund; membership; GBI narcotics agents

HB 706

Annuity and Benefit Fund; membership; redefine 'peace officer'

HB 43

Annuity and Benefit Fund; payments to fund; filing; forms

HB 42

Annuity and Benefit Fund; prior service credit; purchase; time limit

SB 172

Certified; inspection of pawnshop records, goods

SB 264

Corrections, Probation, Parole Officers; retirement service credit

SB 210

Duties; suspected infectious agents in dead bodies

SB 318

Firearms Dealers; report sales of pistols, revolvers; wait period

SB 91

Injured in Line of Duty; compensation; time period

SB 389

Law Enforcement Vehicles; exceeding certain speed limit; penalty

SB 330

Medical Legal Investigator; definition; Post-mortem Examination Act

HB 878

Police Chief Emeritus; retirees; create honorary office

SB 242

Police Chiefs, Head of Enforcement Units; chief executive training

SB 122

Post-mortem Investigations; reports; fees, repeal provisions

SB 319

Rights While Under Investigation for Misconduct; committee to study

SR 218

Seizure of Property; informer rewards; illegal drug violations

SB 146

Standards and Training Council; executive director; investigators;

subpoenas .............................................................. HB 125

Standards and Training; retired U.S. law enforcement officers

HB 238

Torts for Injuries; negligent acts of another; right to recover

SB 22

Watercraft; abandoned vessels; disposition procedures; notices

HB 476

PEACH COUNTY

Board of Commissioners; compensation .................................... HB 1063

District Attorney; supplement to salary ..................................... HB 906

Law Library; additional magistrate court fee

HB 829

Probate Court; marijuana possession cases; jurisdiction ....................... HB 995

PEACH PARKWAY; designate segment growth corridor expressway at Byron HR 190

PEACHTREE CITY Designate; Floy Farr Parkway; portion of State Route 54 Designate; Floy Farr Parkway; portion of State Route 54 Designate; Joel Cowan Parkway; portion of State Route 85 Designate; Joel Cowan Parkway; portion of State Route 74

SR 36 HR 105 HR 104
SR 35

PEANUTS, GEORGIA AGRICULTURAL COMMODITY COMMISSION FOR; revisions ........................................... SB 276

PEEPLES, JOHN WESLEY OF CHATSWORTH; commend

SR 187

PELHAM, CITY OF; mayor, council; time of election; terms of office

HB 790

PENAL INSTITUTIONS (See Corrections)

Refer to numerical index for page numbers

INDEX

2521

PERMANENT HOMES FOR CHILDREN PROGRAM; commend foster care review ............................................................... SR 148

PERRY, CITY OF; ordinances; adoption; change provisions

HB 740

PERSONAL CARE HOMES (See Health, Day Care, Nursing Homes, or Health Care Facilities)

PESTICIDES AND PEST CONTROL Aerial Contractors; licensing; repeal certain requirement Application to Lawns, Plants or Structures; customer warning; signs Farmers; contamination cases; liability State Structural Pest Control Commission; extend to 1995

HB 552 HB 204 HB 11 HB 885

PETROLEUM PRODUCTS (See Gasoline)

PHARMACISTS, PHARMACIES

Authority to Dispense Drugs; criteria; nurses; physicians assistant

HB 209

Controlled Substances and Dangerous Drugs; change listing; exclusion

HB 69

Dispensing Narcotic Drugs, Controlled Substances to Minors;

penalties

HB 520

Drugs; product liability of manufacturers; damages; limitations ................ SB 190

Mail Order Services; workers' compensation benefits; restrictions

HB 686

Medicaid Drug Costs; urge actions to control pharmacy expenditures .......... SR 104

Medicaid Prescription Drug Bidding and Rebate Program; establishment ...... SB 268

Medicaid Prescription Drug Bidding and Rebate Program; establishment

HB 70

Pharmacies Operated by Colleges; special permits

HB 58

Steroids, Anabolic; dangerous drugs; illegal use, distribution

HB 71

PHOSPHORUS BAN BILL; mandate sale, low phosphorus laundry detergents................................................................ HB 719

PHYSICIANS (Also See Medical Practice or Professions or Health) Applicants for Hospital Staff Privileges; disciplinary actions Physicians for Underserved Rural Areas Assistance Act; enact

SB 333 HB 567

PIERCE COUNTY; bears; wildlife custody permits; feeding; exemptions

HB 264

PISTOLS (See Firearms and Weapons)

PITMAN, SHARON, NATIONAL MIDDLE SCHOOL COUNSELOR; commend SR 166

PLANNING COMMISSIONS (See Authorities or Development Authorities)

PLANT FOOD ACT OF 1989; enact

HB 749

PLUMBERS; examinations; review courses ..........................

HB 344

POCKET PAGERS, ELECTRONIC COMMUNICATION DEVICES

Prohibited in Public Schools

HB 166

Prohibited in Public Schools ................................................ SB 14

PODIATRISTS Hospital Staff Privileges; disciplinary actions; reports License to Practice; continuing education; reciprocity; complaints

SB 333 HB 503

POLK COUNTY
Board of Elections and Registration; create; powers; duties County Law Library; magistrate court impose fee Superior Court; terms of court; change Tax Commissioner; compensation, cost-of-living; terms served

HB 868 HB 867 HB 412 HB 413

POLYGRAPH EXAMINERS; licensing; qualifications; interns; record

SB 102

Refer to numerical index for page numbers

2522

JOURNAL OF THE SENATE

POOLER, CITY OF; corporate limits; description; correct technical error...... HB 1009

PORT WENTWORTH, CITY OF; corporate limits; change

HB 376

PORTS AUTHORITY, GEORGIA; facilities; committee to study transportation system ................................................................... SR 168

POULAN, CITY OF; municipal elections .................................... HB 832

POWERS, P.C., LIMITED PARTNERSHIP; convey certain state property; Atlanta .................................................................. SR 126

PRESCRIPTION MEDICATIONS (See Pharmacists or Health or Drugs)

PRESERVATION OF PRIVATE ENTERPRISE ACT; decrease government competition ................................................... SB 243

PRISONS (See Corrections)

PRIVATE INVESTIGATORS; representatives before Pardons and Paroles Board ................................................ SB 211

PROBATE COURTS

Clerks and Chief Clerks; authority to perform marriage ceremonies ............ SB 197

Estates of Decedents; jurisdiction; nursing home residents

HB 157

Executive Probate Judges Council; members; election; terms

HB 107

Fines, Forfeitures; additional penalties; county jail fund

SB 26

Judge or Clerk; duty to file guardianship of property of an adult

HB 257

Judge; authority in personnel administration as county officer

SB 179

Judges Council; education materials; production; member contracts

SB 104

Judges Retirement Fund; calculation of benefits; secretary; members

SB 58

Judges; affidavits of persons qualifying for election

HB 407

Judges; duties; magistrates' bonds and oaths; filing, recording

HB 108

Judges; duties; notify Secretary of State of official county organ

SB 145

Judges; retirees; authority to perform marriage ceremonies

HB 339

Judges; salaries; longevity increases

SB 159

Judges; vacancies; chief clerk assume duties; compensation

SB 298

Judgeships; committee to study ethnic makeup, elections, districts

SR 111

Jurisdiction with Superior Courts; trustees; resignation proceedings

HB 259

Marriage Licenses; conditions for immediate issuance; sanctions

HB 463

Natural Guardian of Minors; personal injury claim; compromise award

SB 207

Traffic Misdemeanor; district attorney, state court solicitor duties

SB 273

Wills, Trusts, Estate Administration; petitions; waivers; returns

HB 357

PROBATE

Absconded Probationers; running of probated sentence suspended; date ........ HB 616

Conditions; work or community service lieu of incarceration ................... SB 67

DUI Offenders; ignition blood alcohol monitoring device; use by............... SB 123

Juvenile Officers; funding; program of state subsidies

SB 227

Juvenile Officers, Detention Center Staff; retirement membership

SB 28

Revocation; alternatives to confinement; supervision time period

HB 94

Revocation; escape; failure return corrections residential facility

SB 66

Revocation; violation of terms; confinement jurisdiction

HB 576

Supervisors; assigned jurisdiction within judicial circuits

SB 69

Supervisors; enforcement of support act; remove duty, collect payments

SB 63

Suspension of Sentences for Abandonment; procedures; conditions

SB 65

Refer to numerical index for page numbers

INDEX

2523

PRODUCT LIABILITIY

Drug Manufacturers; damages; limitations

SB 190

Manufacturers; use intended conditions; definitions .......................... SB 278

PROFESSIONS AND BUSINESSES (Also See Commerce and Trade)

Abandoned Property Recovery Firms; duties; penalties; fees

HB 487

Accountants, Certified Public; examinations; certification

requirements ........................................................... HB 451

Alcoholic Beverage Retail Dealers; intent to secure license; notice

HB 169

Architects; design or landscape; workers' compensation actions

HB 319

Architects; scope of practice; registration; qualifications....................... SB 230

Athlete Agents; professional sports services contracts; regulate

SB 43

Athletic Trainers; licensing; qualifications; reciprocity; renewal

HB 626

Auctioneers Commission, Georgia; records; evidence; changes Title 24 .......... SB 336

Auctioneers; licensing; qualifications; revocation; apprentices

SB 198

Audiologists; technicians; hearing testing in the workplace

HB 364

Billiard Rooms; operators; licensing; qualifications; regulations

SB 291

Blasting, Excavating; construction industry licensing; violations

HB 833

Building Construction; licensing; state minimum standard codes

HB 154

Businesses Engaged in Lending Money; use of word 'banks'

SB 151

Businesses Used Permanent Voter Registration Sites; deputy registrars

HB 63

Check-Cashing Centers; regulate; license signs; fees; rates; bonds

SB 246

Check-Cashing Centers; regulation; licensure ................................. SB 54

Chimney Sweeps; regulation and licensure................................... SB 301

Chiropractors; sale of vitamins, minerals, or food supplements

HB 661

Code Revisions, Title 43 .................................................... HB 93

Commercial Artists; copyright ownership; committee to study

SR 236

Conditioned Air Contractors; subcontracted work; licenses

HB 600

Construction Industry Licensing Board, Utility Contractors Division

SB 140

Contractors; electrical, plumbers, conditioned air, low-voltage;

examinations ........................................................... HB 344

Corporate Net Worth Tax; returns and payments; due date

HB 489

Counselors, Social Workers, Marriage, Family Therapists; licensure

SB 294

Dentistry, Georgia Board of; records; evidence; changes to Title 24

SB 336

Dentists; hospital staff privileges; disciplinary actions; reports

SB 333

Dietitians, Board of Examiners of Licensed; extend to 1995 ................... HB 470

Dissolved Partnerships; rights of partners; obligations; agreements

HB 333

Electrologists; licensure; qualifications; prohibited practices

SB 396

Engineering, Professional; workers' compensation actions; immunity

HB 319

Fertilizers, Plant Foods, Nutrients; licensing of distributors

HB 749

Fire Sprinkler Companies; competency certificates; requirements

HB 535

Firearms Dealers; regulate sales; reports to law enforcement;

wait period .............................................................. SB 91

Foresters, Registered; licensure; qualifications; renewal ....................... SB 272

Geologists; workers' compensation actions; immunity ......................... HB 319

Geologists, State Board of Registration; records; changes title 24

SB 336

Health Spas; regulation of membership contracts; monies received

HB 341

Hearing Aid Dealers; apprentices; permits; examination....................... SB 343

Independent Contractors; negligent torts; employer liability

SB 81

Industrial Life Insurers; criminal violation; premium exceed benefits

SB 29

Insurance Agency Contracts; termination; grounds; notices .................... SB 125

Insurance Agents; unfair termination; urge commissioner actions

SR 27

Insurance Agents, Brokers; licensing; grounds for revocation, refusal;

fiduciary capacities; records; commission payments

HB 175

Insurance Brokers; placement of insurance with certain insurers

HB 181

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2524

JOURNAL OF THE SENATE

PROFESSIONS AND BUSINESSES (Continued)

Insurance Loss Reserve Specialists; definitions; duties

HB 182

Interior Designers; registration; licensure; regulation

SB 305

Itinerant Entertainers; actions against; service of process

SB 321

Land Surveyors; workers' compensation actions; immunity

HB 319

Landscape Architects, Board of; records; evidence; changes Title 24

SB 336

Limited Partnerships; name reservation; registered agents; mergers;

filing; records inspection; dissolution; winding up;

distribution

HB 334

Marriage and Family Therapists; business license tax; exemption

HB 194

Medical Examiners; licensure; renewal conditions; education

SB 94

Medical Examiners, Composite State Board; cross-references,

Title 24 .............................................. . . . . . ........... SB 336

Motor Vehicle Dealers; service agreements, extended warranties

HB 314

Motor Vehicle Registration Processors; performance bonds

HB 582

Multiline Heavy Equipment Dealers and Suppliers; regulate .................. SB 141

Multiline Heavy Equipment Dealers and Suppliers; regulate

SB 148

Nurses; ordering drugs, medical treatment or diagnostic studies

HB 209

Obstetricians; study of exposure to professional liability actions

SR 267

Occupational Therapy, State Board; records; changes Title 24

SB 336

Opticians, State Board; records; evidence; changes Title 24

SB 336

Osteopaths; hospital staff privileges; disciplinary actions

SB 333

Pawnbrokers; prohibited acts; charges; loans to minors; inspections

SB 264

Pest Control; duty of person applying pesticides; customer warning

HB 204

Pesticide Contractors; licensing; repeal certain requirement

HB 552

Pharmacies Operated by Colleges; special permits

HB 58

Physical Therapy, State Board; records; evidence; changes Title 24 ............ SB 336

Physician's Assistants; ordering drugs, medical treatment, studies

HB 209

Physicians, Osteopaths, Physician's Assistants; license requirements

HB 702

Pine Straw Dealers, Sellers; regulate

SB 88

Podiatrists; hospital staff privileges; disciplinary actions

SB 333

Podiatrists; licensing; education; reciprocity; complaints

HB 503

Polygraph Examiners; qualifications; interns; records

SB 102

Professional Associations, Corporations; filing certain documents

HB 336

Professional Corporations; sole shareholders; loss of income benefits

HB 57

Real Estate Appraisers; certified; qualifications; regulation; fees

SB 250

Real Estate Brokers; licenses; out-of-state brokers; recovery fund

HB 340

Real Estate Commission; records; evidence; changes Title 24 .................. SB 336

Recreation Examiners, State Board of; termination date; July 1, 1990

HB 8

Rehabilitation Suppliers; counselors, nurses; registration

SB 61

Sellers of Business Opportunities; redefine term

HB 5

Towing and Storage Firms; licensing; permits; duties; penalties

HB 492

Used Car Dealers; licensure; redefine; leasing agencies; state board

SB 214

Used Motor Vehicle Parts Dealers; extend state registration board

SB 241

Utility Contractors, Foremen; licensing; certification; bids

SB 140

Vehicle Towing and Wrecker Companies; committee to study

SR 245

Water, Wastewater Treatment Plant Operators, Analysts; certification

HB 574

Wrestlers, Professional; state commission created to regulate

HB 15

PROPERTIES COMMISSION (See State Properties Commission or Property Conveyances)

Refer to numerical index for page numbers

INDEX

2525

PROPERTY CONVEYANCES (Also See State Properties Commission)

Atlanta; authorize sale part of project site GWCC-2, Georgia Dome............. SR 64

Atlanta; convey Labor Department easement area to P.C. Powers ............. SR 126

Baldwin County Home for Elderly, Inc.; intent of specific Act of 1987 .... SR 54

Baldwin County; parcel, State Route #22; hospital authority parking ........... HR 89

Baldwin County; sell certain state property to James R. Ivey, Jr................ SR 23

Bibb County; to Georgia Federation of Colored Women's Clubs ................ HR 35

Burke County; cable easement; Southern Bell Telephone and Telegraph ....... SR 132

Calhoun; state-owned, W&A Railroad leased property; convey to city .......... HR 101

Calhoun, City of; State-owned, W&A Railroad leased property;

conditions ............................................................... HR 99

Chatham County; street cul-de-sac easement; Wormsloe Historic Site ........... SR 67

City of Bainbridge; land exchange; National Guard Armory property .......... SR 127

City of Cave Spring; Georgia School for Deaf, Fannin Campus ................. SR 63

Clayton County; land exchange; Human Resources detention center

SR 120

Effingham County; utility easement; Forestry Commission property ............. SR 67

Franklin D. Roosevelt State Park; property boundary lines ......

HR 107

Fulton County; sell abandoned W&A Railroad spur to adjacent owners ......... SR 63

Gordon County; repeal state property conveyance to Clifford W. Smith

HR 99

Gwinnett County Jail; easement to Jackson EMC for transmission line ......... SR 62

Marietta; railroad right of way to Downtown Development Authority ............ SR 5

Monroe County; telephone cable easement; Public Safety Training

Center ................................................................. SR 154

Municipalities; land to abutting property owners without bids. ................ SB 245

Municipality of 400,000; leases within radius MARTA station ................. HB 497

Natural Resources Department; powers as to projects; jurisdiction ............. HB 263

Resolutions Conveying Public Property; information requirements ............. SB 361

Richmond County; to development authority for industrial park............... HR 295

Savannah River; easement to Union Camp Corporation .......... SR 25

Skidaway Island State Park; land exchange; Union Camp Corporation ......... SR 171

Sumter County; South Georgia Technical Institute; convey 95 acres ........... SR 175

Sweetwater Creek Microwave Relay Station; lease; U.S. Corps

Engineers ......................................... SR 164

Taliaferro County; telephone cable easement; A. H. Stephens

State Park ............................................................. SR 154

Tattnall County; utility substation easement; Reidsville Prison ................. SR 68

White County; sell surplus Human Resources Department property. .......... HR 165

Wilkinson County Telephone Company, Oconee Electric Membership

Corporation, State of Virginia; easement for road,

power lines .............................................................. SR 22

Winder; underground water supply line; Fort Yargo State Park Lake ........... HR 98

PROPERTY Assessment for Street Improvements; installments; interest rate ............... HB 377 Assessment; equalized adjusted school property tax digest .................... HB 421 Business Associations; dividends; unclaimed; distribution ..................... HB 335 Campsite Time-share Programs; definitions; instruments; taxes; title ........... HB 773 Churches; building occupant load........................................... HB 271 Coastal Marshlands; leases; terms, ownership adjoining high land.............. HB 272 Code Revisions, Title 44 .................................................... HB 93 Contraband; seizure, commission of felony; forfeiture procedures ......... SB 23 Counties of 250,000 or More; zoning; use and development standards ....... SB 316 Dangerous Dog Control Law; warning signs; uniform design symbol............ SB 106 Dangerous Dog Control; owner liability; registration .......................... HB 630
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2526

JOURNAL OF THE SENATE

PROPERTY (Continued)

Deed Conveying Title; registered land; unrecorded transfers;

validity ................................................... ............ HB 210

Deed to Secure Debt, Mortgage; canceled, satisfied; recording; lost

HB 898

Deeds; guardianship of property; incapacitated adults; recording

HB 257

Deeds, Bill of Sale to Secure Debt; recording; defense to

foreclosure .......................................... HB 124

Documents, Records, Deeds, Mortgages; evidence; changes Title 24 ............ SB 336

Estates; minor children; custodial parents; property disposition

HB 733

Foreclosure; writ of possession; transactions involving bad checks.............. SB 185

Forfeiture for Controlled Substances Violations; disposition ................... SB 146

Forfeiture; proceeds of unlawful activity; currency transactions

HB 316

Guardian of Incapacitated Adult; certificate; filing; deed records

HB 257

Historic Districts, Zones, Sites; preservation; local ordinances

HB 799

Historic; listing in state registry; criteria; procedures ......................... HB 226

Historic; preferential tax assessment; procedures to qualify

HB 225

Hunting Rights; leases; urge landowner preference to residents

SR 144

Insurance; homeowner, fire; regulation of rates, underwriting rules

SB 35

Insurance; vehicle service agreements, extended warranties

HB 314

Land Registration; title; transfers; deed conveying title;

unrecorded .......................................... HB 210

Land-Disturbing Activities; erosion control; local authority

SB 16

Land, Fields Unlawfully Baited to Entice Doves; penalties; signs

HB 734

Landowners; hunting; waterfowl stamp requirements; exceptions

HB 56

Land Use Regulations; statewide planning, development framework

HB 215

Liens of Pawnbrokers; pledged goods; forfeiture; satisfaction

SB 264

Liens; bicycles, scooters, mopeds, garden equipment; repair services

SB 317

Liens; commencement of actions; notices; filing; recording

HB 545

Liens; merchandise or services paid for with bad check

SB 186

Maps, Plats, Recorded Instruments; superior court clerk's duties

SB 183

Motor Vehicles; abandoned; agents for lienholder; duties

SB 337

Mountain Protection Act; enact .................................... ...

SB 1

Municipal; disposition of certain narrow strips of land without bids

SB 245

Nuisances; agricultural facilities; exceptions ............................. . . . HB 692

Partnerships; vesting title; dissolution; satisfying obligations

HB 333

Pesticide Application; posting of warning, caution signs; removal

HB 204

Public Land Acquisition; displaced persons; relocation assistance

HB 414

Public Right of Passage; floatable streams; offense of interference

SB 203

Railroad Corridor, Right-of-Way; acquisition; public transportation

HB 822

Real Estate Appraisers; regulations; certification; services; fees ................ SB 250

Real Estate Brokers and Salespersons; licenses; prohibited acts

HB 340

Real Estate Transactions; history of past occupants; disclosure

HB 519

Residential; proximity of auto junkyards, solid waste disposal sites

SB 163

School Property Tax Digest, Equalized Adjusted; committee to study

SR 152

School Tax Digest; equalized adjusted; assessment-ratio-value

SB 325

Seizure Pursuant to Fire Safety Inspection Warrant; procedures

SB 261

Sold for Taxes; foreclosure; notices; right to redeem; tax deed

titles, ripening by prescription ........................................... HB 123

Surveyors, County; abolish elected office; provide appointment

HB 288

Tax Assessment; service of notice by mail................................... HB 481

Tax Digests; redefine 'taxable value' used Redevelopment Powers Laws

HB 247

Tax Executions; ad valorem taxes; transfers; notice requirements

HB 637

Timbered; harvesting pine straw; landowner permission

SB 88

Timberlands; reforested; urge capital gains tax differential

SR 173

Refer to numerical index for page numbers

INDEX

2527

PROPERTY (Continued)

Towing and Storage Firms; licensing; permits; procedures; penalties

HB 492

Unclaimed; disposition; revenue commissioner duties; recovery firms

HB 487

Water Rights; right to harvest oysters, clams; collecting permits ................ SB 59

Watercraft; abandoned vessels; disposition procedures ........................ HB 476

PROPST, DR. DEAN; Chancellor of University System; introduction, remarks Page 228

PROSECUTING ATTORNEYS' COUNCIL OF GEORGIA; persons who serve full-time; district attorneys .................................. ......... . . . HB 251

PTA OF GEORGIA AND PRESIDENT GEORGIANNE BEARDEN; commend SR 105

PUBLIC ASSISTANCE (Also See Social Services or Human Resources

or Medical Assistance)

AFDC Children; Insurance and Educational Reinvestment Act; enact

SB 13

AFDC Children; require attend school; termination of assistance

SB 98

Commission to Study Access to Health Care; Medicaid recipients

HR 162

Commission to Study Factors Limiting Health Care Access .................... SR 70

Fraud; food stamps or Medicaid; duty of DHR to prosecute

SB 128

Medicaid Patients; medical practitioners required accept and treat

HB 702

Medicaid; reimbursable psychological services; review age factor ............... SR 217

Unauthorized Payments and Overpayments; persons liable to repay

HB 716

PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW ACT OF 1988; Governor's Employment and Training Council; duties ............................. ................................ HB 568

PUBLIC OFFICERS AND EMPLOYEES (Also See State Employees

or State Government)

Appellate Court Judges; compensation ....................................... HB 55

Banking and Finance Department; commissioner, employees; oaths

HB 316

Charity Contributions; deduct wages; university system; regents

board ............................. .HB 159

Code Revisions, Title 45 .......... ..................

................ HB 93

Commissioner of Industry, Trade, and Tourism; change title ................... SB 82

Coroners; certification; annual training requirements ......................... SB 192

Coroners; qualification for candidacy; affidavits

HB 407

Counties; officers, personnel; insurance, retirement expenses

SB 249

County and Municipal Civil Offices; reduce residency requirements

HB 401

County Attorneys; governing authority power to appoint, remove .............. SB 171

Criminal Justice Coordinating Council; additional member

HB 430

Education Department, State Board; membership on local school boards

SB 345

Education, State Board; elections; appoint state school

superintendent ......................................................... SR 102

Education, State Board; membership eligibility; disqualifications .............. SB 311

Elected Officials; distinctive license plates; issuance

HB 131

Employee Flexible Benefit Plan; eligible persons; records disclosure

HB 724

Extortion by Public Office; wrongful use of office; penalties ................... SB 218

Georgia-Federal State Shipping Point Inspection Service; retirement

SB 312

Hazardous Waste Management Authority; employee health insurance

HB 768

Human Resources Department; damage actions; service of process

HB 864

Individual payroll Account Records; confidentiality

HB 611

Ineligibility to Hold Office; conviction, crimes relating to office

SR 116

Insurance Commissioner; campaign contributions; prohibitions

HB 286

Insurance Commissioner; certain campaign contributions prohibited

SB 30

Insurance Commissioner; documents; evidence; changes Title 24

SB 336

Insurance Commissioner; duties; complaints against companies

SB 31

Refer to numerical index for page numbers

2528

JOURNAL OF THE SENATE

PUBLIC OFFICERS AND EMPLOYEES (Continued)

Insurance Commissioner; duties; evaluate rate filing increases .................. SB 35

Insurance Commissioner; duties; regulation guidelines

SB 32

Insurance Commissioner; prohibited engage outside employment

.... SB 34

Insurance Consumer Advocate; create positions; duties ........................ SB 36

Insurance Consumer Advocate; provide for appointment; duties ................ SB 33

Insuring and Indemnification; disclosure; evidence; changes Title 24 ........... SB 336

Jekyll Island-State Park Authority; conflict of interest; exception

SB 99

Justices of the Supreme Court; compensation................................. HB 55

Lobbyists; representatives of state agencies; registration ...................... SB 265

Local Governing Authorities; rewards in felony cases; authority ............... HB 432

Magistrates and Chief Magistrates; official bonds and oaths; filing ............. HB 108

Medical Examiner, Coroner, Peace Officers; powers; post-mortem exams

SB 318

Medical Examiners Board; licensure; renewal conditions; education

SB 94

Merit System; classified service; on-call status; pay on weekends ................ SB 2

Merit System; classified service; salary during appeal of dismissal ............... SB 3

Merit System; interdepartmental transfers; working test period.................. SB 9

Merit System; overtime pay; computation; compensatory time option ........... SB 46

Merit System; sick leave; computation; conversion to personal leave

SB 41

Municipal Officers, Employees; compensation increases ....................... SB 364

Office of Fair Employment Practices; complaints; status reports ............... HB 292

Peace Officer Standards, Training Council; personnel; qualifications............ HB 125

Peace Officers; misconduct complaints; investigation procedures ............... SR 218

Political Activities; participation authorized; conditions defined ................. SB 6

Political Activities; public school employees; bond referendums .... SB 55

Prosecuting Attorneys; time served; district attorneys; redefine ................ HB 251

Public Officials; wrongful use of office; parallel federal Hobbs Act ............. SB 218

Public Safety Deputy Commissioner; appointment; duties..................... SB 260

Public Safety, Uniform Division Officers; eligibility; citizenship ................ SB 262

Recall of Public Officials; procedures; Recall Act of 1989; enact

SB 37

State Board of Technical and Adult Education; approved contracts;

exemption.............................................................. HB 427

State Board of Technical and Adult Education; staggered terms............... HB 428

State Employees; health insurance; definitions; subordinate coverage ........... HB 613

State Employees; Quality of Work Life (QWL) Study Committee

SR 159

Workers' Compensation; state board, administrative law judges;

salary...................................... HB 274

Workers' Compensation, State Board; annual salaries; duties ................... SB 61

PUBLIC OPINION POLLS; prohibited conduct; election polling places .... HB 403

PUBLIC RECORDS Confidentiality of Public School Employees Health Insurance Records ......... HB 608 Confidentiality of Public Schoolteachers' Health Insurance Records............ HB 606 Confidentiality of State Employees Health Insurance Records ................. HB 613 Confidentiality of State Employees Individual Payroll Records ................ HB 611 Disclosure; General Assembly staff services .................................. SB 297 Inspection; 'agency' defined; special meeting notices .......................... SB 270 Library Depository; journals, session laws; agency documents ................. HB 587
Requirements; Metropolitan Atlanta Olympic Games Authority ............... HB 659 School Disciplinary Tribunals; not subject public inspection .................. SB 368 State Agencies; contested cases; deliberations in private session ............... SB 346 State Board of Education Members; business transactions; disclosure .......... SB 311

Refer to numerical index for page numbers

INDEX

2529

PUBLIC RETIREMENT SYSTEMS STANDARDS LAW (Also See Retirement

and Pensions)

Firemen's Pension Fund; exemption

HB 142

PUBLIC SAFETY DEPARTMENT (Also See Motor Vehicles or Law Enforcement)

Applications for Special License Plates; required minimum

HB 301

Board; certificate of additional training; filing by coroners .................... SB 192

Commercial Vehicle Drivers; licensing; tests; permits; nonresidents

HB 130

Deputy Commissioner; appointment; duties

SB 260

Distinctive License Plates on Assigned Vehicles; county name decals

HB 131

Driver Improvement Clinics; defensive driving courses; jurisdiction

HB 437

Driver's License; conviction reports; counties of 550,000 or more

SB 248

Driver's License; habitual violators; forfeiture of vehicles ..................... SB 256

Driver's License; issuance of restricted driving permits; hardship ................ SB 7

Driver's License; suspension; failure appear when post as bail; fees

HB 590

Driver's Licenses; DUI ignition monitoring device, record use of............... SB 123

Employees; right to recover for injuries; negligence of another

SB 22

Identification Cards; proper ID for voter registration ......................... HB 404

Issuance of Limited Moped Driving Permits; fees; limit liability

SB 304

Law Enforcement Officer with Service to U.S.; peace officer defined

HB 238

Law Enforcement Vehicles; exceeding certain speed limit; penalty ............. SB 330

Motor Vehicle Insurers; notices of cancellation, reinstatement .................. HB 99

Motor Vehicle Light Transmission Requirements; manufacturers; labels

HB 208

Motorcycle Rider Education Course; persons over age 21; headgear

SB 381

Noncriminal Traffic Infractions; procedures; penalties ........................ SB 303

Officers, Firemen, Prison guards; indemnification; subrogation

SB 85

Personnel; State Patrol, GBI Agents; retirement; service credit ................ SB 210

Records; evidence; terminals connected Crime Information Center ............. HB 380

State Patrol Officers; witness fees .......................................... SB 103

State Patrol Property, Gwinnett County; easement, transmission line

SR 62

Traffic Infractions; committee to study methods of disposition

SR 201

Training enter in Monroe County; easement for telephone cable

SR 154

Uniform Division; emergency road closings; interstate highways

HB 329

Uniform Division; mandatory retirement age; waivers ........................ SB 282

Uniform Division; officers, troopers; qualifications; citizenship ................. SB 262

Vehicle Emission; inspection stickers; replacement; affidavit

SB 27

PUBLIC SCHOOL EMPLOYEES RETIREMENT; 40 or more years service; repeal 1988 Act........................................................... HB 120

PUBLIC SCHOOLS (See Education or Schools)

PUBLIC SERVICE COMMISSION

Jurisdiction; municipal natural gas transmission facilities

HB 788

Reports, Rate Schedules, Orders; evidence; changes to Title 24 ................ SB 336

Study State-wide Telephone System for Speech, Hearing Impaired

SB 310

Vehicles Engaged Transporting Forest Products; exclude regulation of

HB 887

PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation)

Air Transportation; regional airport site; create commission ................... HB 853

Blasting, Excavating Near Underground Pipes, Utilities; violations

HB 833

Bomb Threats; local fire departments; expand emergency powers

HB 217

Building Construction; state minimum standard code; enforcement

HB 154

Code Revision, Title 46..................................................... HB 93

Commercial Vehicle Drivers; licensing; regulation; disqualifications............. HB 130

Contractors, Electrical, Plumbers, Conditioned Air, Low-Voltage;

examination for licensure ................................................ HB 344

Refer to numerical index for page numbers

2530

JOURNAL OF THE SENATE

PUBLIC UTILITIES AND TRANSPORTATION (Continued)

Development Highway System; creation of; road corridors identified

HB 16

Electric Membership Corporations; records; changes Title 24 .................. SB 336

Land-Disturbing Activities; erosion, sediment control requirements

SB 84

Liquified Petroleum Gas; pressure vessel safety requirements

HB 689

Municipal Gas Authority of Georgia; principal office; legal situs

HB 742

Municipal Natural Gas Transmission Facilities; PSC jurisdiction

HB 788

Public Mass Transportation and Terminals; smoking prohibitions

SB 95

Radiation Control Programs; generating equipment; waste management

SB 378

Railroad Companies; revisions; Georgia Business Corporation Code

HB 335

Railroad Corridors, Right of Way; acquisition for public

transportation

HB 822

Regional Transportation Plan; rail, rapid busway; limited-access

road ................................................................... HB 757

Rural Telephone Cooperative Act; fees; Business Corporation Code

HB 335

Southern Bell Telephone and Telegraph Co.; easement for fiber optic

telecommunications cable; Burke County

SR 132

Southern Bell Telephone and Telegraph Co.; easement for fiber optic cable;

Taliaferro County, Monroe County

SR 154

Telephones; intracounty toll free dialing; committee to study

SR 216

Telephones; nursing home residents; private line; fees for moving

SB 228

Telephones; study state-wide system for hearing, speech impaired

SB 310

Utility Contractors and Foremen; licensing; certification; bids

SB 140

Water Systems; residential service; disconnect limitations

SB 15

PULASKI COUNTY; deputy sheriffs; salary provisions

. HB 806

PUTNAM COUNTY Battle Smith Bridge; designate Coroner; compensation

SR 95 HB 281

Q
QUALITY BASIC EDUCATION ACT (See Education)

R

R. E. LEE HIGH SCHOOL; commend

SR 47

RABBITS

Processing for Meat Food Products; inspection exemptions

SB 117

Slaughter and Processing for Sale; inspection; exceptions ..................... SB 119

Slaughter and Processing Meat for Sale; inspection exception

SB 74

RADAR SPEED DETECTION DEVICES; college campuses; permits for use HB 324

RADIATION CONTROL ACT; state agencies designated; transfer powers; duties ................................................................ SB 378

RAGAN, SENATOR HAROLD; excused

Page 1196

RAILROADS

Bimodal Semitrailers; detachable loads; maximum weight per axle .............. HB 53

Calhoun; W&A Railroad leased property; sell and convey to city

HR 101

Corridors, Rights-of-Way; acquisition for public transportation

HB 822

Fulton County; W&A spur lines; sell to adjacent property owners

SR 63

Refer to numerical index for page numbers

INDEX

2531

RAILROADS (Continued)

Heavy Rail and Mass Transit Systems; direct DOT to study .................. SR 183

Heavy Rail Line Construction; part of public transportation system

HB 757

Railroad Companies; dissolution; Georgia Business Corporation Code .......... HB 335

W&A Railroad; convey leased state property to City of Calhoun

HR 99

RANDOLPH COUNTY; Creek Indian Trail Scenic Highway; designate S.R. 266 ........................................................ HR 228

RAPE

Criminal Cases; evidence; competency of witnesses; children .................. HB 218

Evidence; conform provisions in changes made to Title 24 .................... SB 336

Prosecution for; evidence; complaining witness, sexual behavior

HB 229

Prosecution; evidence; past sexual behavior; rape shield statute

SB 100

RAY, CHARLES; Grand Marshal, Savannah St. Patrick's parade; remarks Page 1728

RAY, LELIA MELISA, SWEET POTATO QUEEN; commend

SR 45

REAL ESTATE (Also See Property or Professions)

Brokers and Salespersons; licenses; renewal fees; nonresident

corporations; history records; branch offices; revocation;

prohibited acts ......................................................... HB 340

Georgia Real Estate Appraisers Act; regulations; create state board

SB 250

Land Registration; title certificates; deeds; transfers .......................... HB 210

Transactions; history of past occupants; disclosure; actions

HB 519

RECALL OF PUBLIC OFFICIALS Campaign Contributions; disclosure; reports; information required .............. SB 48 Campaigns; expenditures, contributions; disclosure reports ..................... SB 45 Recall Act of 1989; enact; procedures ........................................ SB 37

RECORDED MATERIALS; videotapes, motion picture films; sales tax........ HB 488

RECYCLING AND LAND PRESERVATION STUDY COMMITTEE SR 117

RECYCLING; Warner Robins Clean Community Commission; recognize

SR 26

REDEVELOPMENT POWERS

Athens, City of ........................................................... HB 981

Atlanta; urban enterprise zones; tax exemption; housing units ................. HB 515

Clayton County; powers; referendum

HB 976

Cobb County Redevelopment Powers; referendum

SB 400

Development Authorities; intercollegiate athletic facilities ..................... SB 369

Taxable Property as Shown on Tax Digest; redefine 'taxable value"

HB 247

REDFERN, WILLIAM RUSSELL AND VERY SPECIAL ARTS; commend

SR 212

REGENTS BOARD

Advanced Technology Development Center; management; Seed-Capital

Fund ................................................................ .HB 151

Chancellor; membership; Governor's Development Council

.HB 215

Employees; wages; deductions for charitable contributions

HB 159

Employment Hiring Records; disclosure ..................................... SB 297

Free Tuition for Children of Faculty Members; request consideration

SR 198

Gordon College; urge convert to four-year college ............................ SR 147

Macon College; urge conversion to four-year college

SR 123

Middle Georgia College; urge convert to four-year college

SR 243

Refer to numerical index for page numbers

2532

JOURNAL OF THE SENATE

REPTILE, OFFICIAL STATE; gopher tortoise; designate

HB 531

RESIDENTIAL FINANCE AUTHORITY Financing Authority; residential care for mentally disabled, elderly Homeless Housing Planning; development of programs; agencies defined Public Housing; redefine offense of fraudulently obtaining State Housing Share Set-aside; bond allocation pool; procedures

SB 51 SB 208 SB 52 HB 843

RESTAURANTS (See Food Service Establishments)

RETIREMENT AND PENSIONS

Code Revision, Title 47; errors and omissions

HB 90

Counties; elected officers, personnel; authority to expend funds

SB 249

Court Reporters, Office of Senior Superior or State; creation

SB 73

District Attorneys; service credit; computed salary, years served

SB 72

Employees' System; benefits; calculation; 33 years of service .................. SB 258

Employees' System; creditable service; forfeited annual, sick leave

SB 10

Employees' System; creditable service; forfeited leave

SB 64

Employees' System; creditable service; former temporary employees

SB 77

Employees' System; creditable service; law enforcement personnel

SB 210

Employees' System; creditable service; military duty; withdrawal ............... SB 78

Employees' System; creditable service; military duty; 1955-57

SB 223

Employees' System; mandatory retirement waiver; PSD Uniform Division

SB 282

Employees' System; prior service; agriculture shipping inspectors

.SB 312

Firemens' Pension Fund; benefits; increase maximum

SB 162

Firemens' Pension Fund; disability benefits; increase

HB 143

Firemens' Pension Fund; membership; qualified service credit;

leaves of absence; disability benefits; withdrawals

SB 152

Joint Management Committee for Employees' and Teachers Retirement

Systems; investment services ............................................. SB 158

Joint Municipal Employees Benefit System; membership; credit unions

HB 475

Magistrates' Retirement System; establish under board of trustees

SB 283

Peace Officers' Benefit Fund; DHR juvenile probation officers, staff

SB 28

Peace Officers' Benefit Fund; membership eligibility; certain person

SB 170

Peace Officers' Benefit Fund; membership; GBI narcotic agents

HB 706

Peace Officers' Benefit Fund; membership; redefine 'peace officer'

HB 43

Peace Officers' Benefit Fund; payments to fund; filing; forms

HB 42

Peace Officers' Benefit Fund; prior service credit

SB 182

Peace Officers' Benefit Fund; prior service credit; purchase

SB 172

Probate Court Judges Fund; calculation of benefits; officer, members

SB 58

Public Retirement System Standards Law; Firemen's Pension Fund;

exemption.............................................................. HB 142

Public School Employees; 40 or more years service; 1988 Act repealed

HB 120

Sheriff's Fund; fees collected in civil actions; late payments

HB 643

Sheriff's Fund; membership; dues; claims for past service credit

SB 120

Sheriff's Fund; single life annuity; increase benefits

SB 121

Superior Court Judges System; divorcees; domestic relations orders

SB 160

Superior Court Judges System; member reelected 1988; contributions

SB 160

Superior Court Judges System; member reelected 1988; contributions

SB 75

Superior Court Judges System; membership; certain 75 year old judge

SB 76

Superior Court Judges System; service of senior judge; compensation

SB 324

Superior Court Judges System; vesting requirements; early retirement

SB 279

Teachers Retirement; creditable service; certain private schools

SB 344

Teachers; creditable service; graduate studies

SB 173

Teachers; creditable service; minimum number of years; age factor

SB 107

Teachers; creditable service; unused sick leave

SB 209

Refer to numerical index for page numbers

INDEX

2533

RETIREMENT AND PENSIONS (Continued)

Teachers; creditable service; unused sick leave

SB 17

Teachers; creditable service; unused sick leave ................................ SB 18

Teachers; early retirement eligibility; 30 years service

SB 80

Teachers; membership service; calculation of pension

HB 119

Teachers; pregnancy leave credit; 1988 Act repealed

HB 121

Teachers; transfer from local to state system; contributions;

refunds ................................................................ HB 622

Teachers; transfers of service credit; membership

SB 143

Trial Judges and Solicitors; creditable service;

computed salaries,

16 years of service; repeal fee system contribution

provisions ............................................................ SB 71

Trial Judges and Solicitors; members who become superior court judges

SB 79

Variable Annuity Contracts; investments of insurers; permit issue

HB 513

REVENUE AND TAXATION

Ad Valorem Tax; historic property; classification, assessment

HB 225

Ad Valorem Tax; rehabilitated historic property; classify;

assessment ........................................................ HB 225

Ad Valorem Tax; school tax bills; compute and include state aid

SB 240

Ad Valorem Tax; school tax digest; board of arbitrators;

compensation........................................................... HB 421

Ad Valorem Tax; school tax digest; equalized adjusted; assessment

SB 325

Ad Valorem Tax; school tax digest; study of calculation procedures

SR 152

Ad Valorem Tax; water facility projects; tax-exempt status

SB 86

Ad Valorem Taxes; time-share programs .................................... HB 773

Ad Valorem Taxes transfer of tax executions; notice requirements

HB 637

Alcohol and Tobacco Agents, Special Investigators; retirement credit

SB 210

Appropriations; supplemental Acts, amendments; enactment

prohibitions ...................................................... SR 135

Appropriations; supplemental FY 1988-89; State Employees Health

Insurance .............................................................. HB 381

Appropriations, General; FY 1989-90

HB 145

Business and Occupational Tax; exempt marriage and family therapists

HB 194

Capital Gains Taxes; reforested timberlands; urge differential

SR 173

Commission to Study Economy and Efficiency in State Government

SR 140

Commissioner; disposition of unclaimed property; duties; powers

HB 487

Commissioner; duties; report school property tax digest information

HB 421

Commissioner; membership; Governor's Development Council

HB 215

Commissioner; sales tax distribution certificates; new formula

HB 220

Corporate Net Worth Tax; date of returns and payments

HB 489

Counties; insurance premium tax; proceeds; special districts

HB 617

County Tax Digests; 'taxable value'; 'Redevelopment Powers Law

HB 247

Department; documents; evidence; changes to Title 24

SB 336

Excise Tax on Rooms, Lodging, Accommodations; aggregate local taxes

HB 474

Excise Tax on Rooms, Lodging, Accommodations; local option;

additional 1% ............................................................ HB 1

Income Taxes; estimated taxes; time for installment payments

HB 485

Income Taxes; incorporate federal law to Georgia law

HB 483

Income Taxes; individual net income; mortgage interest; dependent's

unearned income; Subchapter "S" corporation

HB 486

Income Taxes; job tax credit; certain counties, less developed area

HB 240

Income Taxes; Magistrates' Retirement System benefits ...................... SB 283

Local Independent Authority Indebtedness Reports; contents; filing

HB 248

Refer to numerical index for page numbers

2534

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued)

Motor Fuel Taxes; federal trust fund; urge Congress remove budget .... .... SR 142

Motor Fuel Taxes; federal; urge congressional delegation oppose

HR 112

Motor Fuels; state sales and use taxes; applicability; exemptions

HB 474

Motor Vehicle Registration and Taxing; staggered system; procedures.......... SB 339

Motor Vehicle Registration; repeal temporary permits ........................ HB 131

Natural Resources Department; committee to study use of revenues ........... SR 211

Property Sold for Taxes; foreclosure notices, right to redeem;

ripening of tax deeds titles .....................................

HB 123

Revenue Bonds; issuance for public facility requires voter approval

SR 121

Revenue Bonds; issuance without referenda; committee to study .............. SR 138

Sales Tax; impose 4% on retail sales; exemptions; use of proceeds............. HB 474

Sales Tax; joint county, municipal; rate increase; abolish authority ............. HB 45

Sales Tax; joint county, municipal; special districts; distribution............... HB 220

Sales Tax; out-of-state mail order companies; urge Congress allow ......... . . . SR 184

Sales Tax; special 1% for schools; other revenue sources...................... SR 97

Sales Tax; videotape, motion picture film rental; clarify exemption ............ HB 488

School Bonds; issuance without referendum; certain municipality

SR 122

School Tax Digest; state auditor duties; calculation; ratio ..................... HB 421

State Agencies; continuation budget report ......

..

... ...... SB 326

State Lottery; amend Constitution to provide; proceeds .................. . . . . . SR 8

State Lottery; provide; amend Constitution; proceeds for education .......

SR 30

Tax Aid Program of American Association of Retired Persons; commend

SR 43

Tax Assessment; service of notice by mail................................... HB 481

Tax Collectors, Commissioners; records evidence; changes to Title 24 .......... SB 336

Tax Collectors, Commissioners; salaries; longevity increases ............... . SB 159

Tax Executions; transfers; notices; undelivered; advertisements

HB 637

Tax Receivers, Collectors, Commissioners; candidacy qualification

HB 407

Taxation of Marijuana and Controlled Substances; calculation

............ SB 284

Unclaimed Property; disposition; insubstantial value; fees ................ HB 487

REVENUE BONDS

Detention Buildings and Facilities Authorities; issuance; powers ............... SB 367

Geo. L. Smith World Congress Center Authority; powers; domed stadium ...... HB 223

Local Independent Authority Indebtedness Reports; filing

HB 248

Metropolitan Atlanta Olympic Games Authority; powers; proceeds............. HB 659

Northeast Georgia Surface and Air Transportation Commission; powers ....... HB 853

REVISIONS TO GEORGIA CODE (See Code of Georgia)

REYNOLDS, STEVE; Elected to State Transportation Board............ Page 195

RICEBORO, CITY OF; corporate limits; change

HB 859

RICHMOND COUNTY

Augusta Canal Authority; creation of parks and recreation areas

HB 942

Augusta Ports Authority; powers; harbor development projects

HB 536

Augusta-Richmond County Commission on Disadvantaged Youth; create

HR 406

Augusta-Richmond County Commission-Council; consolidation;

procedures ................................... ....................... HB 1075

Augusta-Richmond County Commission-Council; establish; procedures

HB 896

Board of Education; compensation.......................... ............ HB 1046

Certain Officials; compensation ............................................. HB 779

Development Authority; industrial park; property conveyance

HR 295

Sheriff's Merit System Board; members; compensation ...................... HB 1027

Refer to numerical index for page numbers

INDEX

2535

RIDLEY, WILLIAM A.; designate bridge over Conasauga River; Murray County ................. .......................................... SR 39

RINCON, TOWN OF Homestead Exemption; ad valorem taxes; persons 65 years or older Mayor and Councilpersons; elections; terms of office

HB 984 HB 816

ROBINSON, HONORABLE LEE; Mayor of Macon; introduction and remarks Page 432

ROCKDALE COUNTY; board of commissioners; vacancies; method of filling HB 1014

ROCKER, TRACY; Outstanding College Football Player; commend

SR 50

RODGERS, DR. THOMAS F.; State 4-H Leader; commend

SR 76

ROME-FLOYD COUNTY COMMISSION ON CHILDREN AND YOUTH; create

HB 789

RONALD E. MCNAIR HIGH SCHOOL JUNIOR VARSITY BASKETBALL TEAM; commend .......... .............

............ SR 223

ROSSI, LAWRENCE ORLANDO'ROCKY'; honoring

SR 41

ROSWELL PRESBYTERIAN CHURCH; commend

SR 24

RULES COMMITTEE; appointment of Audit Subcommittee members ...... Page 885

RULES OF THE SENATE; adopt ..... ........... .................. Pages 23, 24

RURAL DEVELOPMENT Ethanol, Gasohol Industry; committee to study promotion of Kenaf Plant; committee to study potential new farm product Physicians in Underserved Rural Areas; service cancelable loans

SR 165 SR 177 HB 567

s

SAFETY BELTS (See Safety Belts or Motor Vehicles)

SAILBOARDS; exemption; Georgia Boat Safety Act. .................

HB 49

SALE CITY, CITY OF; elections; mayor, council; taking of office; terms ....... HB 857

SALES AND USE TAXES (Also See Revenue and Taxation)

Imposition of 4% State Sales Tax; applicability; exemptions ................. HB 474

Joint County and Municipal; levy in special districts; proceeds;

distribution ................................................

HB 220

Joint County, Municipal; temporary rate increase; repeal authority ............. HB 45

Out-of-state Mail Order Companies; urge Congress allow imposition . . . . ...... SR 184

Schools; other revenue source for local systems; special 1% tax. ......... ...... SR 97

Videotapes, Motion Picture Films; clarify exemptions ............ .

HB 488

SAMARANCH, JUAN A., INTERNATIONAL OLYMPIC COMMITTEE; address General Assembly ......... .................................... HR 192

SANDY SPRINGS, CITY OF; Chattahoochee Plantation; annex certain incorporated area .................. ......................... ........... SB 295

SAPP, BENJAMIN F.; Evans County Sheriff; commend ..........

.... SR 259

SASSER, TOWN OF; elections; mayor, councilmen; qualifications; terms ....... HB 882

SAVANNAH ST. PATRICK'S DAY PARADE; Chairman Jerry Hogan, remarks ........... ................................................... Page 1728

Refer to numerical index for page numbers

2536

JOURNAL OF THE SENATE

SAVANNAH, CITY OF

Ad Valorem Taxing Jurisdiction; millage rate determination

HB 831

Amend Charter; extend corporate limits; elections; referendum ................ SB 285

Chatham-Savannah Authority for the Homeless; create

HB 897

Corporate Limits; extend boundaries

SB 399

Savannah Day at the Capitol; designate January 30, 1989..................... SR 53

St. Patrick's Day Parade Committee; appreciation to ......................... SR 239

SAVINGS AND LOAN ASSOCIATIONS (Also See Banking and Finance)

Certificates of Incorporation; initial filing; name reservation

SB 151

SCHOOLS, Public; recruitment, retention of minority educators; study of

SR 246

SCHOOLS (Also See Education or Colleges and Universities or Teachers)

Amateur Athletic Contests; sports officials; liability; exemption

HB 54

Bus Accidents; private; committee to study vehicle inspection

SR 206

Bus Drivers; employment change; transfer of unused sick leave

HB 337

Bus Drivers; minimum salary

HB 850

Buses; configuration and number of flasher lights; change

SB 213

Buses; redefine term; exclude certain vehicles................................ HB 592

Buses; smoking tobacco products prohibited

SB 95

Children of Teachers; permit attend school where parent teaches

HB 321

Compulsory School Attendance; change to age six............................ SB 292

Disciplinary Tribunals; proceedings, records; confidentiality

SB 368

Disrupting Classes; electronic communication devices prohibited

HB 166

Disruptive Conduct Toward Teachers, Administrators, Bus drivers

HB 166

Drug Trafficking, Possession; property, buses, activities; penalties

SB 204

Employees' Health Insurance; persons eligible; subordinate coverage

HB 608

Guidance Counselors; kindergarten, primary, middle grades; funding

HB 628

Guidance Counselors; primary, middle grade programs; funding ................ SB 93

Independent Systems; boundaries; territory annexed by municipality

SB 370

Local Boards; members; ineligibility; certain employment

SB 345

Local Boards; sick leave banks or pools; authority to establish ................ HB 370

Local Boards; sick leave banks or pools; procedures to establish

SB 147

Local Boards; sick leave pools; procedures to establish

SB 144

Local Employment Contracts; certified, noncertified personnel

SB 89

Local Employment Contracts; personnel classification; job

description ....................................................... SB 293

Local Systems; certified teacher development; stipend program

SB 90

Local Systems; state aid; computation on tax bills; ADA reports

SB 240

Paraprofessionals, Aides, Secretaries; minimum salaries ........................ SB 92

Property Tax Digest; standards; assessment-ratio-value to sales

price................................................................ SB 325

Public School Cafeteria Workers Week; proclaim ............................ HR 229

Public School Choice Joint Study Committee................................. SR 92

Public School Employees Retirement; 1988 Act repealed

HB 120

Public School Employees; no political activities on bond referendums

SB 55

School-crossing Guards; powers ............................................ HB 128

Student Assessment; elementary school readiness; eliminate .................... SB 57

Student Assessment; primary grades; eligibility; test instruments

SB 205

Student Assessment; testing instruments; statewide uniformity ......

HB 731

Student Discipline; pocket pagers, electronic device prohibited

SB 14

Student Enrollment Eligibility Determination; change date ................... SB 129

Teachers Health Insurance; parttime employees; retirees; coverage ............. HB 606

Teachers; on-the-job performance assessment; exempt certain teachers

HB 375

U.S. Census 1990; urge education of students as to purpose ................... SR 247

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INDEX

2537

SCOTT, HONORABLE JIM; Senator from Florida; introduction and remarks Page 1062

SCOTT, SENATOR AL; excused from voting on SR 171

Page 1336

SCOUT ORGANIZATIONS; Juliette Gordon Low Highway; designate ....... .HR 110

SEA ISLAND FESTIVAL, GEORGIA; recognize

SR 240

SEABOLT, KENNETH, LAW ENFORCEMENT OFFICER; commend.......... SR 131

SEARCH AND SEIZURE; law offices; documentary evidence; procedures

HB 356

SEAT SAFETY BELTS (Also See Motor Vehicles)

SECRETARY OF STATE

Agent for Certain Nonresidents; service of process; procedures

SB 321

Applications for Honorary Office of Police Chief Emeritus

SB 242

Communications Pages 13, 16, 17, 150, 185, 308, 473, 666, 884, 1234, 1556, 2173, 2373

Corporations; shares; rights, options, warrants to purchase; terms

HB 245

Corporations, Associations; documents, registration, reports; filing

HB 336

Duncan, Frances S., Director, Elections Division; commend

SR 214

Duties; distribution of Session Laws, House and Senate Journals

HB 587

Elections; candidates; challenges to qualifications

HB 234

Fees; financial institutions reserving corporate name; filing

SB 151

Fees; limited partnerships; documents, certificates; registration

HB 334

Georgia Business Corporation Code; duties; fees; code revision

HB 335

Lobbyists; registration; representatives of state agencies

SB 265

Office of; duties; cards used in qualifying, nominating petitions

HB 351

Official County Organs; duty of probate court judges to notify

SB 145

Voter Registration Cards; provide for issuance; powers; duties

HB 72

SECURITIES

Commercial Paper; notice of dishonor; statement for reason

SB 187

Insurers; investments; variable annuity contracts ............................. HB 513

SEED-CAPITAL FUND; creation; business development; investment ........ .HB 151

SELLERS, WILLIAM B.; compensate ...................................... HR 103

SENATE

Agriculture Committee Chairman; membership on Aquaculture Development

Commission ........................................................ ... HB 420

Assistant Secretary; Alice E. Hoge designated

Page 18

Children and Youth Committee; Senator Joe Burton act as Chairman

Page 334

Committee of the Whole Senate .......................................... Page 323

Consumer Affairs Committee; Senator Frank Albert act as Chairman

Page 514

Convened; notify House, January 9, 1989...................................... SR 2

District 24; special election ........................................... Pages 16, 17

Education Committee; report on Governor's appointees.............. Pages 1824, 1825

Education Committee; Senator Bev Engram act as Chairman

Page 740

Governmental Operations Committee; Senator Max Brannon act as

Chairman ....................................................... Pages 119, 372

Health Insurance Benefit Bills; subject to review; assessment

HB 813

Industry and Labor Committee; Senator James Tysinger act as Chairman Page 515

Morning Roll Calls................................ . . . . . Pages 17, 92, 99, 114, 120,

150, 209, 227, 238, 278, 305, 337, 375, 400, 430, 472, 517,

556, 584, 632, 665, 698, 745, 786, 883, 951, 1060, 1118, 1175, 1235,

1301, 1370, 1411, 1558, 1703, 1835, 2010, 2182

Officials, Employees, Committees ............................................. SR 3

Open Meetings Requirements; meetings of appointed committees

SR 4

Refer to numerical index for page numbers

2538

JOURNAL OF THE SENATE

SENATE (Continued)

President Pro Tempore; Senator Joseph E. Kennedy elected

Page 18

Rules Committee; appointment of Audit Subcommittee members

Page 885

Rules of the Senate; adopt for 1989 session

Pages 23, 24

Secretary of the Senate; Hamilton McWhorter, Jr. elected

Page 18

Senate; adopt rules ......................................................... SR 1

Sergeant at Arms; Marvin W. "Cap" Hicks elected

Page 19

Standing Committees; appointed .......................................... Page 77

SENATOR ED BARKER; excused ....................................... Page 322

SENATOR MAX BRANNON; excused ................................... Page 492

SENATOR TOM COLEMAN; excused .................................. Page 1179

SENATOR PAUL COVERDELL; excused, U.S. Senate confirmation hearings ................................... Pages 564, 591, 1122, 1193

SENATOR BEV ENGRAM; excused ............................... Pages 384, 1724

SENATOR KEN FULLER; excused............................. Pages 308, 356, 379

SENATOR FLO YD HUDGINS; communication, resignation letter

Page 22

SENATOR WAYMOND C. HUGGINS; excused

Page 379

SENATOR HAROLD RAGAN; excused

Page 1196

SENATOR AL SCOTT; excused from voting on SR 171................... Page 1336

SENATOR HILDRED SHUMAKE; excused from voting on SB 70

Page 490

SENATOR JIMMY HODGE TIMMONS; excused

Page 1196

SENATOR, U.S., SAM NUNN; introduction, remarks........................ Page 484

SENATORS-ELECT

Certified by Secretary of State ............................................ Page 13

Oath of office administered by Chief Justice Thomas O. Marshall

Page 18

SENIOR CITIZENS (See Elderly)

SENTELL, PROFESSOR R. PERRY, JR.; commend

SR 242

SENTENCING FOR CRIMES AND OFFENSES

Death Penalty; imposition for murder involving drug trafficking

SB 222

Drug Trafficking; distributing to minors; punished by imprisonment

HB 520

Drug Trafficking; felony offenses; increase penalties ........................... HB 30

Drug Trafficking; felony offenses; prohibit modify sentence

SR 57

Drug Trafficking; mandatory prison term, change; no furloughs

SB 219

Drug Trafficking; persons convicted not eligible pardon or parole

SB 220

Inmates; transmittal of information on convicted persons; documents .......... SB 354

Life Imprisonment or Death; verdict; divided jurors; judge impose

SB 25

Misdemeanors; punishment; increase fines ..................................... HB 2

Persons Convicted Certain Felonies; imprisonment without parole

SR 96

Persons Convicted Certain Felony Offenses; restrict parole

SB 280

Persons Convicted of a Felony; limit parole eligibility

SR 37

Serious Injury by Vehicle Involving Other Violations; felony .................. SB 174

Serious Injury by Vehicle While Driving Recklessly; felony

HB 64

Vehicle Injury to Other Persons; fleeing or eluding police; felony

SB 196

Voluntary Surrender Program; eligibility; criteria; bonds,

recognizances ........................................................... HB 466

Refer to numerical index for page numbers

INDEX

2539

SEWERAGE (See Waste Management)

SEXUAL OFFENSES Minor Victims; taking of testimony; admissible evidence Prosecution for Rape; evidence; witnesses' past sexual behavior

SB 153 SB 100

SHAPIRO, ROBERT B.; The NutraSweet Company; commend ................. SR 112

SHELLMAN, CITY OF; elections; qualifications; oath; meetings; mayor pro tern

HB 498

SHERIFFS (Also See Courts)

Compensation; salaries; longevity increases

SB 159

Employees; personnel administration; committee to study

SR 139

Injured Line of Duty; compensation; time period

SB 389

Personnel Administration; authority as county officer

SB 179

Property Sold for Taxes; advertisement of deadline date, foreclosure

HB 123

Qualifications for Candidacy; eligibility; filing requirements

HB 407

Retirement Fund; fees collected civil actions; delinquent payment

HB 643

Retirement Fund; membership; dues; claims for prior service credit

SB 120

Retirement Fund; single life annuity; increase benefits ....................... SB 121

SHILOH, CITY OF; homestead exemption; ad valorem taxes; referendum

HB 530

SHUMAKE, SENATOR HILDRED; excused from voting on SB 70

Page 490

SIKES, BENJAMIN FRANKLIN; commend

SR 250

SIRMANS, LEIGH; National 4-H Championship; commend . . .

SR 80

SKIDAWAY ISLAND STATE PARK Development and Enhancement Plan; commend Citizens' Committee Development and Enhancement Plan; commend participants Land Exchange; Union Camp Corp. or The Branigar Organization, Inc.

SR 170 HR 401 SR 171

SLATON, JOHN MAURICE; wishing speedy recovery

SR 224

SLOSHEYE TRAIL BIG PIG JIG BARBECUE COOKING CONTEST; recognize SR 33

SMITH, CLIFFORD W.; repeal state property conveyance, Gordon County

HR 99

SMITH, HONORABLE FRANK M.; condolences to family

. .... SR 141

SMITH, SUSAN; National 4-H Championship; commend

SR 84

SMOKING (See Tobacco Products)

SMYRNA, CITY OF

Corporate Limits; change .................................................. SB 402

Downtown Smyrna Development Authority; membership; terms

HB 780

Homestead Exemption; certain disabled residents ............................ HB 237

Homestead Exemption; residents 65 years or older

HB 236

SNELLVILLE, CITY OF; corporate limits; change

HB 1081

SOCIAL SECURITY; Medicare supplement insurance; regulate; long-term care SB 234

SOCIAL SERVICES (Also See Human Resources or Domestic Relations)

Commission on Children and Youth; membership; change reference

HB 628

Head Injured Persons; treatment, rehabilitation; committee to study

SR 241

Homeless Housing Planning; development of programs; agencies defined

SB 208

Human Resources Department, Board, Employees; damage actions

HB 864

Long Term Care Facilities; violations; petitions for receiver ................... SB 366

Medicaid Drug Costs; urge actions to control expenditures

SR 104

Medicaid Prescription Drug Bidding and Rebate Program; establish

HB 70

Refer to numerical index for page numbers

2540

JOURNAL OF THE SENATE

SOCIAL SERVICES (Continued) Medicaid Prescription Drug Bidding and Rebate Program; establish Medicaid; reimbursable psychological coverage; review age factor Medicaid; supplemental appropriations; FY ending 6-30-89 Minors; places of detention; shelter care; procedures; notices Public Assistance; AFDC recipients; children required to attend school Public Assistance; food stamps or Medicaid fraud; duties of DHR Public Assistance; unauthorized or overpayments; liability to state Residential Care for the Mentally Retarded; admission criteria

SB 268 SR 217 HB 98 SB 180 SB 98 SB 128 HB 716 HB 331

SOIL AND WATER CONSERVATION COMMISSION; Executive Director;

membership; Governor's Development Council

HB 215

SOIL EROSION AND SEDIMENTATION ACT OF 1975; Land-Disturbing

Activities;

additional requirements; permits; violations

SB 84

SOLID WASTE (See Waste Management or Hazardous Materials)

SOUTH CAROLINA; fishing license reciprocity; fresh-water sport fishing

SB 106

SOUTHERN JUDICIAL CIRCUIT; superior court; additional judge; Brooks,

Colquitt, Echols, Lowndes Counties

SB 142

SOUTHERN STATES CORRECTIONAL ASSOCIATION; recognize............ SR 115

SPALDING COUNTY; Griffin-Spalding County Charter Commission Act; consolidation ............................................................. SB 254

SPARKS, TOWN OF; new charter

HB 972

SPEECH IMPAIRED PERSONS; study of statewide telecommunication services

SB 310

SPEECH PATHOLOGY AND AUDIOLOGY; hearing tests in workplace; technicians .................................................. HB 364

SPIGEL, BERNICE B. OF DALTON; commend

SR 188

SPORTS OFFICIALS OF AMATEUR ATHLETIC CONTESTS; limit tort liability .......................................................... HB 54

SPRINGFIELD, CITY OF; utility easement; Forestry Commission property SR 67

ST. MARYS, CITY OF; Mayor or Councilmembers; vacancies

HB 865

ST. MARYS RIVER; Reciprocal Pilotage Agreement with Florida; Board of

Pilotage Commissioners' authority

HB 612

STAGGERED TAG SALES (Also See Motor Vehicles and Traffic)

Cook County; motor vehicle registration; staggered tag sales

HB 410

Houston County; designated periods; repeal Act

HB 1060

License Plates; Lowndes County

HB 297

License Plates; renewal period; name; prorated fees; referendum

SB 339

License Plates; Tattnall County ............................................ HB 783

STATE AGENCIES Auctions; regulation of auctioneers; exceptions Banking and Finance Department; commissioner, employees; oaths Children and Youth Programs; activity effectiveness measures; budget Commercial Activities; restrict competition with private enterprise Commission on Physical Fitness replaced by State Games Commission Commission to Study Economy and Efficiency; review tax savings Contested Cases; evidence; deliberations in private session

SB 198 HB 316 SB 374 SB 243 SB 194 SR 140 SB 346

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INDEX

2541

STATE AGENCIES (Continued)

Contracts for Public Works Not Exceeding $40,000; bond requirements

HB 309

Contracts; public works; bids; functions delegated privatized entity

SB 296

Dieticians; Board of Examiners; extend to 1995 .............................. HB 470

Education, State Board; members; annual public hearing requirements

HB 221

Employee Complaints of Unlawful Employment Practices; reports

HB 292

Employee Interdepartmental Transfers; working test period

HB 104

Employee Working Test Period; management review guidelines

HB 291

Fiscal Planning; economy, reorganization, efficiency; committee to study

SR 7

Georgia Agricultural Commodity Commission for Peanuts; powers ............. SB 276

Health Planning Agency; executive director; confirmation by Senate

SB 138

Human Resources Department; damage actions; service of process ............. HB 864

Inventory of Personal Property; change requirements......................... HB 725

Labor Department; supplemental appropriations

HB 214

Natural Resources Department; committee to study use of revenues

SR 211

Planning, Development; long-range plans, facilities; co-ordination

HB 215

Printing and Documents; cost display; committee to study.................... SR 244

Printing and Documents; cost display; committee to study

SR 110

Property Conveyances, Leases; legislative introduction; contents

SB 361

Public Authorities; directors; empower change name, operations style

HB 350

Purchases of Goods, Services; competition with private enterprise ............. SB 243

Purchases of Goods, Services; Georgia Prompt Payment Report Act ........... SB 236

Special Meetings; notice requirements; records inspection ..................... SB 270

State Printing; publications; cost information; applicability ................... SB 299

STATE BAR OF GEORGIA Rules of Evidence; report; joint committee to study legislation ................ HR 317 Special Masters; searches of law offices; duties, powers ....................... HB 356

STATE CAPITOL BUILDING AND GROUNDS

State Capitol 100th Anniversary, July 4, 1989; relative to ..................... SR 162

State Science and Industry museum; commend Curator, Charlie Fleming

SR 156

STATE COURTS

Court Reporters Emeritus; create office of senior court reporter

SB 73

Judges; qualifications; residency; qualifying candidates

HB 192

Judgeships; committee to study ethnic makeup, elections, districts

SR 111

Probation Supervisors; duties, jurisdiction defined

SB 69

Retired Judge or Judge Emeritus; judicial assistance; compensation

HB 10

Sheriffs' Retirement Fund; fees due; delinquent payment; penalties

HB 643

Solicitors; bad check complaint division; establishment ....................... SB 189

Solicitors; traffic misdemeanors in probate courts; duties ..................... SB 273

STATE DEFENSE FORCE (See Military Affairs or National Guard)

STATE EMPLOYEES (Also See Public Officers and Employees or Merit System)

Charity Contributions; deduct wages; university system, regents

board .................................................................. HB 159

Classified Service; dismissal action; compensation during appeal

SB 3

Classified Service; on-call status; weekends; compensation ...................... SB 2

Classified Service; overtime pay; computation; compensatory time .............. SB 46

Education Department; certain persons not eligible for State Board

SB 311

Fair Employment Practices Office; reports to complainants,

respondents

................................... HB 292

Health Insurance Fund; supplemental appropriations 1988-89 ................. HB 381

Health Insurance Plan; include Hazardous Waste Management Authority

HB 768

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2542

JOURNAL OF THE SENATE

STATE EMPLOYEES (Continued)

Health Insurance; flexible benefit plan; eligible persons; records

disclosure .............................................................. HB 724

Health Insurance; redefine 'full time'; retirees; coverage; records

HB 613

Insurance Department; employees prohibited from outside employment

SB 34

Lobbying; employees representing state agencies; registration

SB 265

Medical Examiners' Office; definition; medical legal investigator

HB 878

Merit System; sick leave; computation; conversion to personal leave ............ SB 41

Merit System; working test period; interdepartmental transfers.................. SB 9

Merit System; working test period; interdepartmental transfers

HB 104

Merit System; working test period; management review procedures

HB 291

Payroll Account Records; confidentiality .................................... HB 611

Political Activities; participation; conditions defined

SB 6

Public Safety Deputy Commissioner; appointment; duties..................... SB 260

Public Safety, Uniform Division; qualifications; citizenship

SB 262

Quality of Work Life Activities (QWL); committee to study. ....... .......... SR 159

Relocation Expenses; Department of Industry, Trade, and Tourism

SB 82

Retirement System; benefits; calculation; 33 years of service ........ ......... SB 258

Retirement System; creditable service; forfeited leave ......................... SB 64

Retirement System; creditable service; forfeited leave; conditions

SB 10

Retirement System; creditable service; former temporary employees ............ SB 77

Retirement System; transfer of service credit; membership TRS ........ ...... SB 143

State Hospitals, Correctional Facilities; night shift duty pay ................... SB 47

State Law Librarian; revise and transfer certain duties, powers................ HB 587

STATE FINANCING AND INVESTMENT COMMISSION Offerings of the State Tollway Authority; approval of state debt Revenue Bonds; authority to issue for domed stadium facility

HB 758 HB 223

STATE FLAG, SEAL, AND OTHER SYMBOLS Reptile, Official State Symbol; designate gopher tortoise ....................... HB 531 Use or Display; campaign advertisements ................................... HB 529

STATE GOVERNMENT (Also See individually named state agencies)

Agencies; commission to study economy and efficiency; tax savings ............ SR 140

Agencies; public documents issued; reports; library holdings................... HB 587

Ambulances Operated by the State; vehicle insurance coverage ................ SB 307

Appropriations; continuation budget for state agencies; contents........

SB 326

Appropriations; supplemental Acts, amendments; prohibitions;

conditions .............................................................. SR 135

Appropriations; supplemental for Department of Labor

HB 214

Appropriations; supplemental FY 1988-89 .................... ........ HB 118

Appropriations; supplemental FY 1988-89; Employees Health Insurance

Fund .................................................................. HB 381

Appropriations; supplemental; FY ending 6-30-89; Medicaid claims

HB 98

Appropriations, General; FY 1989-90 .................................. ... HB 145

At-Risk Children and Youth Programs; goals, policy for prevention

SB 374

Auctions; regulation of auctioneers; exceptions ............................... SB 198

Aviation Hall of Fame; creation; headquarters, Houston County

HB 110

Clarks Hill Lake Area; maps, documents, signs; name designation

HR 115

Commercial Activities; competing with private enterprise; violations .......... SB 243

Commission for the National Bicentennial Celebration; composition

SB 82

Contracts; exemption; State Board of Technical and Adult Education

HB 427

Contracts; federal-aid projects; land acquisition; displaced persons

HB 414

Contracts; public works not exceeding $40,000; bond requirements

HB 309

Contracts; public works; bids............................................... SB 274

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INDEX

2543

BJ:

STATE GOVERNMENT (Continued) Contracts; public works; bids; functions delegated privatized entity . . . . . . . . . . . S B 296

Contracts; public works; letters of credit in lieu of bonds . . . . . . . . . . . . . . . . . H B 269

Contracts; public works; payment bond; security deposits; actions . . . . . . . . . . H B 679

Contracts; public works; surety bonds; persons supplying materials . . . . . . . . . . S B 44

Criminal Justice Coordinating Council; additional member . . . . . . . . . . . . . . H B 430

Domed Stadium Facility; contracts; funding; local option hotel-motel

tax levy

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .H. B. 1

Domed Stadium Facility; Sale of Land . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SR 64

Domed Stadium Facility; World Congress Center Authority;

powers. bonds. contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H. .B 223

Education. State Board; members; annual public hearing requirements . . . . . . . H B 221

Elected Officials Qualifying Other Office; office declared vacant . . . . . . . . . . . .SR 42

Employees; Quality of Work Life (QWL) Study Committee . . . . . . . . . . . . . . . . . .SR 159

Employees; university system. regents board; charity contributions . . . . . . . . . . HB 159

Fiscal Planning; economy. reorganization. efficiency; committee to study . . . . . SR 7

Georgia Agrirama; committee to study relocating . . . . . . . . . . . . . . . . . . . . . .

SR 44

Georgia Building Authority. Penal; bonds; overcrowded prisons . . . . . . . . . . . . . . . .H B 499

Georgia Development Authority; revisions. Business Corporation Code . . . . . . . H B 335

Georgia Music Hall of Fame Commission to Establish Permanent Site in

Macon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SR 176

Georgia Prompt Payment Report Act; vendor invoices; aging reports . . . . . . . . . SB 236

Georgia State Games; organization; commission; olympic training
.. sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SB 194

Growth Strategies; Georgia Water Supply Act; enact . . . . . . . . . . . . . . . . . . . . . . . S B 86

5

Growth Strategies; land-disturbing activities; erosion control . . . . . . . . . . . . . . . . . . SB 84

Growth Strategies; planning. development; statewide framework . . . . . . . . . . . . . . H B 215

Growth Strategies; waste management; CEFA; assist local governments . . . . . . . . . S B 83

Health Planning Agency; executive director; confirmation by Senate . . . . . . . . . . . S B 138

Historic Preservation; establish inventory and registry; powers . . . . . . . . . . . . . . .H B 226

Indemnification of Public Safety Personnel; subrogation . . . . . . . . . . . . . . . . . . . . . . .S B 85

Industry. Trade. and Tourism; change name. title; department. board.

commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S B 82

Lobbyists; representatives of state agencies; registration . . . . . . . . . . . . . . . . . . . . . .S B 265

Metropolitan Atlanta Olympic Games Authority; creations; organization . . . . H B 659

Natural Resources Department; committee to study use of revenues . . . . . SR 211

Office of Fair Employment Practices; duties; complaints; reports . . . . . . . . . . .H B 292

Open Meetings; General Assembly Sessions and Committee Meetings . . . . . . . . . . SR 4

Pardons and Paroles. State Board; change terms of office . . . . . . . . . . . . . . . . . . . . .SR 96

Peanuts. Georgia Agricultural Commodity Commission for; powers . . . . . . . . . .S B 276

Preservation of Private Enterprise Act; prohibit commercial activity . . . . . . . . . . S B 243

Printing and Documents; cost display; committee to study . . . . . . . . . . .

SR 244

Printing and Documents; cost display; committee to study . . . . . . . . . . .

SR 110

Printing; Executive Branch publications; cost information . . . . . . . . . . . . . . . . . . . .SB 299

Public Authorities; change name. style of operation; board powers . . . . . . . . . . . H. B 350

Public Officials; wrongful use of office; offense of extortion . . . . . . . . . . . . . . . . . . . .SB 218

Public Property Conveyances; legislative resolutions; requirements . . . . . . . . . . . .SB 361

Public Records; disclosure; exempt General Assembly staff services . . . . . . . . . . . .S B 297

Reptile. Official State Symbol; designate gophet tortoise . . . . . . . . . . . . . . . . . . . . H. B 531

Retirement; investment management for Teachers and Employees systems . . . . S B 158

Smoking; state funded indoor areas; prohibited except in designated

areas

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . . S B 95

Social Services Programs; unauthorized payment. overpayment;

recovery

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HB716

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2544

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued)

State Agencies; central property inventory; change requirements

HB 725

State Agencies; contested cases; deliberations in private session

SB 346

State Agencies; special meetings; notices; records inspection

SB 270

State Board of Technical and Adult Education; staggered terms

HB 428

State Boxing Commission; termination date; June 30, 1995

HB 7

State Capitol 100th Anniversary, July 4, 1989; relative to ..................... SR 162

State Employees; health insurance; definition; subordinate coverage

HB 613

State Employees; payroll deductions; records; confidentiality

HB 611

State Employees; working test period; interdepartmental transfers

HB 104

State Employees; working test period; management review procedures

HB 291

State Law Library in lieu of State Library; revise, transfer duties

HB 587

State Office of Housing; identify needs; goal reports; due date

SB 51

State Parks System Study Committee ...................................... SR 172

State Properties Commission; powers; acquiring railroad corridors

HB 822

State Seal or Emblem; use or display; campaign advertisements

HB 529

State Tollway Authority; sale of revenue bonds, notes; loans

HB 758

Tift College; committee to study state purchasing............................. SR 15

Transportation Department; contract bids by disadvantaged business .......... SB 131

Transportation Department; director of Equal Opportunity Office

SB 126

STATE PATROL (See Public Safety Department or Law Enforcement)

STATE PROPERTIES COMMISSION (Also See Property Conveyances) Acquisition Services; powers; railroad corridors Lease of Marshlands, Water Bottoms; approval requirements Resolutions Conveying Public Property; information requirements Skidaway Island State Park; duties; preservation of artifacts

HB 822 HB 272 SB 361 SR 171

STEEN, EUNICE; compensate ............................................. HR 240

STEPHENSON, MAJOR RAY; commend..................................... SR 124

STEROIDS, ANABOLIC; dangerous drugs; illegal use, distribution; penalties HB 71

STEWART COUNTY; George S. Lee Causeway; designate over Chattahoochee River ..................................................

HR 66

STONE MOUNTAIN JUDICIAL CIRCUIT; superior court; judges; DeKalb County supplement.............................................. HB 886

STONE MOUNTAIN-BRITT MEMORIAL AIRPORT Urge FAA conduct study of airport expansion ........................... SR 163 Urge stop expansion; sell property.......................................... SR 200

STONE MOUNTAIN, CITY OF; Corporate Limits; deannex certain territory SB 331

STONE, KEVIN; National 4-H Championship; commend........................ SR 78

STRICKLAND, LORRAINE; compensate .................................. HR 109

STUDY COMMITTEES (See Committees, Study)

SUICIDE; site of; disclosure in real estate transactions ........................ HB 519

SUMNER, TOWN OF; municipal elections .................................. HB 825

SUMTER COUNTY; Board of Commissioners; convey certain state owned property ................................................................. SR 175

SUNNYSIDE, CITY OF; exempt from Griffin-Spalding County consolidation SB 254

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INDEX

2545

SUNSET LAWS Athletic Trainers, Georgia Board of; extend to 1995 .......................... HB 626 Board of Examiners of Licensed Dieticians; extend to 1995 ................... HB 470 Electrologists, State Board of; terminate July 1, 1997 ........................ SB 396 Interior Designers, State Board of Registered; termination date ............... SB 305 Professional Counselors, Social Workers, Marriage and Family Therapists, Composite Board; extend to 1990 .............................. SB 294 Recreation Examiners, State Board; termination date; July 1, 1990 .............. HB 8 State Board of Chimney Sweeps; termination date ........................... SB 301 State Boxing Commission; repeal; create State Boxing and Wrestling Commission ............................................................. HB 15 State Boxing Commission; termination date; June 30, 1995 ..................... HB 7 State Construction Industry Licensing Board; extend to 1995 ................. HB 344 State Structural Pest Control Commission; extend to 1995 .................... HB 885 Used Motor Vehicle Parts Dealers, State Board; extend to 1990 ............... SB 241

SUPERIOR COURTS (Also See Courts or Judicial Circuits)

Alcovy Judicial Circuit; judges; salary supplement............................ HB 903

Appeals; workers' compensation state board decisions; procedures ............. HB 274

Atlanta Judicial Circuit; additional judge.................................... HB 721

Atlantic Judicial Circuit; additional judge ................................... SB 167

Bailiffs; compensation; jurors, expense allowances; increased ................... HB 96

Blue Ridge Judicial Circuit; judges; county supplement...................... HB 1080

Blue Ridge Judicial Circuit; judges; salary supplement ....................... SB 406

Chattahoochee Judicial Circuit; additional judge ............................. HB 559

Cherokee Judicial Circuit; additional judge, court reporter .................... HB 922

Child Support Recovery; orders for civil support payments .................... SB 63

Clayton Judicial Circuit; district attorney; county supplement................ HB 1003

Clayton Judicial Circuit; judges; county supplement......................... HB 1004

Clayton Judicial Circuit; probation officers; county supplement............... HB 1021

Clerk of Monroe County; salary in lieu of fees; personnel; budgets............. SB 253

Clerks; affidavits of persons qualifying for election ........................... HB 407

Clerks; authority in personnel administration as county officer ................ SB 179

Clerks; deed records; filing of guardianship of property; indexing .............. HB 257

Clerks; deeds to secure debt; recording; mailing address ..................... HB 124

Clerks; duties; books, dockets, records, indices, instruments; fees .............. SB 183

Clerks; duties; recordation, registration of deeds; land register ............... HB 210

Clerks; fees............................................................... HB 93

Clerks; fees; Georgia Business Corporation Code ............................. HB 335

Clerks; fees; limited partnerships

...... HB 334

Clerks; fees; mortgages, debt instruments; cancellation, lost deeds ............. HB 898

Clerks; notices; grand jury appointments .................................... HB 599

Clerks; property liens; notices; recording; indexing

..... HB 545

Clerks; salaries; longevity increases ......................................... SB 159

Cobb Judicial Circuit; district attorney, assistants; compensation .............. HB 977

Cobb Judicial Circuit; judges; county supplement ............................ HB 982

Court Reporters Emeritus; create office of senior court reporter ................ SB 73

Coweta Judicial Circuit; judges; counties' salary supplement .................. SB 332

District Attorneys; bad check complaint division; establishment ............... SB 189

Divorce Proceedings; mediation; judge may order; fees ....................... SB 181

Eastern Judicial Circuit; fifth judge; Chatham County .... HB 306

Evidence Seized from Law Offices; special master; disclosure hearing .......... HB 356

Fines, Forfeitures; additional penalties; county jail fund ....................... SB 26

Gwinnett Judicial Circuit; judges; supplement to salary...................... HB 1066

Houston Judicial Circuit; probation officers; county supplement .............. HB 1061

Refer to numerical index for page numbers

2546

JOURNAL OF THE SENATE

SUPERIOR COURTS (Continued)

Judges Retirement System; divorcees; domestic relations orders ............... SB 160

Judges Retirement System; member reelected 1988; contributions

SB 160

Judges Retirement System; member reelected 1988; person 75 years old......... SB 76

Judges Retirement System; member reelected 1988; contributions .............. SB 75

Judges Retirement System; membership; district attorneys; options ............. SB 72

Judges Retirement System; right to remain member other fund

SB 79

Judges Retirement System; services by senior judges; compensation

SB 324

Judges Retirement System; vesting requirements; early retirement............. SB 279

Judges; hearings; bonds; persons charged drug trafficking ..................... SB 221

Judges; nonpartisan elections, primaries; candidacy .......................... SB 165

Judges' Secretaries; reemployed; pay step level .............................. HB 191

Judgeship; committee to study ethnic makeup, elections, districts

SR 111

Jury Lists, Boxes; compilation procedures; composition process ....

HB 524

Juvenile Proceedings; pretrial detention facilities; procedures; limitations

SB 180

Lookout Mountain Judicial Circuit; additional judge, court reporter

SB 132

Macon Judicial Circuit; district attorney; salary supplement

HB 906

Macon Judicial Circuit; judges; change county supplement.................... HB 642

Northeastern Judicial Circuit; judges; salary supplement...................... SB 405

Petitions for Bail; procedural requirements .................................. SB 255

Petitions for Receivership; long term care facilities; judgments ................ SB 366

Probation Supervisors; duties, jurisdiction defined ............................ SB 69

Sheriffs' Retirement Fund; fees due; delinquent payment; penalties ............ HB 643

Southern Judicial Circuit; additional judge; conditional effective

date ................................................................. SB 142

Stone Mountain Judicial Circuit; judges; DeKalb County supplement .......... HB 886

Tallapoosa Judicial Circuit; change terms ................................... HB 412

Trials; arraignment; notice of date; time for mailing........................... HB 19

Trustees; resignation proceedings; probate court jurisdiction .................. HB 259

Witness Fees; subpoenas; law enforcement officers ........................... SB 103

SUPREME COURT Investigative Grand, Trial Juries; impanel from special trial district. ............................................................... SR 58 Judges; nonpartisan elections, primaries..................................... SB 165 Justices; compensation ..................................................... HB 55

SWAINSBORO, CITY OF; municipal elections; date; posts; terms

HB 851

TABERNACLE BAPTIST CHURCH OF CARROLLTON AND REVEREND RON STONE; commend...................................... SR 215
TALBOT COUNTY Board of Commissioners; change compensation .............................. HB 774 Superior Court; fifth judgeship; procedure ................................... HB 559
TALIAFERRO COUNTY; A. H. Stephens State Park; telephone cable easement.................................................. SR 154
TALLAPOOSAL JUDICIAL CIRCUIT; superior court terms; Haralson, Paulding, Polk Counties ................................................... HB 412
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INDEX

2547

TATTNALL COUNTY

Motor Vehicle Registration; staggered tag sales .............................. HB 783

State-owned Property; easement; Oglethorpe Power, Altamaha EMC

SR 68

Superior Court; Atlantic Judicial Circuit; additional judge

SB 167

Tattnall County Historic Preservation, Inc.; commend

SR 100

TAX COLLECTORS, COMMISSIONERS

Compensation; salaries; longevity increases .................................. SB 159

Employees; personnel administration; committee to study..................... SR 139

Personnel Administration; authority as county officer

SB 179

Private Persons Processing Vehicle Registration Applications; bond ............ HB 582

Tax Executions for Ad Valorem Taxes; transfers; notices; publication .......... HB 637

TAX EXECUTIONS

Counties; official publishers; probate court judge's duties ..................... SB 145

Legal Advertisements; publisher's rates; increase ............................. SB 271

Legal Advertisements; publisher's rates; increase

HB 839

TAXATION (See Revenue and Taxation)

TAYLOR COUNTY Board of Education; members; compensation ................................ HB 781 Office of County Manager; create; appointment ............................. HB 1082 Superior Court; fifth judgeship; procedure ................................... HB 559

TEACHERS RETIREMENT

Creditable Service; accumulated unused sick leave ........................... SB 209

Creditable Service; early retirement for 30 years service

SB 80

Creditable Service; graduate study; conditions ............................... SB 173

Creditable Service; minimum number of years; benefits; age factor

SB 107

Creditable Service; pregnancy leave; 1988 Act repealed ....................... HB 121

Creditable Service; sick leave, unused; conditions for receiving ................. SB 17

Creditable Service; sick leave, unused; forfeited; early retirement ............... SB 18

Creditable Service; teacher in certain private schools ......................... SB 344

Creditable Service; transfer from Employees' Retirement System .............. SB 143

Fulton County Employees Transferred to State; contributions; refunds

HB 622

Investment Management Services; joint committee with Employees'

System .................................................... SB 158

Membership Service; calculation of pension ................................. HB 119

TEACHERS

Abuse, Insults to Teachers, Administrators, Bus Drivers; prohibited

HB 166

Certification; performance assessment requirements; exemptions ............... HB 375

Certification; test proficiency; basis for denial; lifetime status

SB 206

Children of Teachers; permit attend school where parent teaches.............. HB 321

Conflicts of Interest; school bond referendum activities ........................ SB 55

Development Programs to Become Certified; stipends

SB 90

Employment Contracts; personnel classification job descriptions ............... SB 293

Employment Contracts; policies, procedures; local systems ..................... SB 89

Fulton County employees transferred to TRS; benefits; refunds ............... HB 622

Guidance Counselors; primary, middle grade programs; funding ................ SB 93

Hiring Practices; investigate racial imbalance ................................. SR 52

Minority Educators; recruitment, retention in public schools; study ............ SR 246

Paraprofessionals, Aides, Secretaries; minimum salaries ........................ SB 92

Pregnancy Leave; retirement credit; 1988 Act repealed ....................... HB 121

Public Schoolteachers' Health Insurance Plan; eligibility; coverage;

records .................................................. HB 606

Salaries; QBE formula; calculate adjustment amount for training .............. SB 114

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2548

JOURNAL OF THE SENATE

TEACHERS (Continued)

Salary Increases Contingent Upon Annual Performance Evaluations

HB 628

Salary Increases; certificated; contingent annual evaluation ................... HB 954

Sick Leave Banks or Pools; contributions; local boards establish

HB 370

Sick Leave Banks or Pools; voluntary contributions; procedures

SB 147

Sick Leave Pools; local school boards establish; procedures

SB 144

State Employee Insurance and Flexible Benefit Plan

HB 724

TEDESCO, DR. FRANCIS J., MEDICAL COLLEGE OF GEORGIA PRESIDENT; commend .................................................... SR 31

TELECOMMUNICATIONS (Also See Public Utilities or Media)

Computers, Optical Scan System Vote Tabulation; prohibited equipment

SB 348

Headsets or Headphones; use by motorcycle operators

HB 280

Hearing Impaired Persons; establishment of a service center

SB 38

Pocket Pagers, Electronic Devices; prohibit in schools

HB 166

Pocket Pagers, Electronic Devices; prohibited in public schools

SB 14

Services for Hearing, Speech Impaired Persons; feasibility study

SB 310

Telephone Reconnect Fees; nursing home residents who change rooms

SB 228

Telephones; intracounty toll free dialing; committee to study

SR 216

Videotapes, Motion Picture Film Rentals; sales tax .......................... HB 488

Visual or Sound Broadcasts; libel actions; evidence; retractions ................ SB 239

THEATERS AND MOTION PICTURES; Commercial Artists; copyright ownership; committee to study .................................... SR 236

THOMAS COUNTY; board of education; elections and terms

HB 680

THOMAS, CONGRESSMAN LINDSAY; introduction and remarks

Page 319

THOMAS, MAMIE JACKSON; commend

SR 257

THOMASVILLE HIGH SCHOOL FOOTBALL TEAM; commend

SR 89

THUNDERBOLT, TOWN OF; corporate limits; change

HB 1010

THURMOND, J. STROM, DAM, LAKE AND HIGHWAY; name designation in Georgia; Clarks Hill Lake, Reservoir ..................................... HR 115

TIBBITTS, REVEREND JOSEPH HOLLIS; condolences to family

SR 205

TIFT COLLEGE; Committee to study possibility of State purchasing

SR 15

TIFT COUNTY 4-H POULTRY JUDGING TEAM; commend

SR 82

TIFT COUNTY

Board of Commissioners; change date for holding sessions .................... HB 371

State Court; sheriff and clerk; minimum salary

HB 554

TIFTON, CITY OF; City Commission; chairman, vice-chairman; terms of office .................................................................... HB 373

TIME-SHARE ACT; campsites; definitions; instruments; taxes; title

HB 773

TIMMONS, SENATOR JIMMY HODGE; excused

Page 1196

TOBACCO PRODUCTS; smoking in state funded buildings; designated areas only ...................................................... SB 95

TOCCOA, CITY OF City Commissioners; elections Corporate Limits; change and extend boundaries

HB 454 HB 811

TOOMBS COUNTY; board of commissioners; chairman, members; compensation............................................................. HB 960

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INDEX

2549

TOOMBS, JAMES WELDON; condolences to family .....................

SR 209

TORTS

Abusive Litigation; definitions; prosecution of claims; damages

SB 239

Abusive Litigation; disallow malicious abuse of civil process

HB 332

Amateur Athletic Sports Officials; liability; exemption

HB 54

Business Corporations; venue, county where action originated ........ .

SB 21

Causes of Action for Acts of Intoxicated Persons; cross-reference . .

HB 546

Construction Design Professionals; workers' compensation; immunity

HB 319

Dangerous Dogs; owner liability .......... ................ ................ HB 630

Employer Liability for Negligent Torts of Independent Contractors

SB 81

Frivolous Actions and Defenses; assessment of litigation costs ................ HB 525

Libel Actions; broadcasts; defamatory statements; correction;

evidence

............................ SB 239

Minors; personal injury claims; guardian as next friend; settlement ...

HB 733

Minors; personal injury; recovery of damages; compromise awards .......... SB 207

Personal Auto Injury Protection; tort threshold; committee to study .

SR 60

Pesticide Contamination Cases; liability of farmers ............ ............... HB 11

Product Liability of Drug Manufacturers; damages; limitations ........ ....... SB 190

Product Liability of Manufacturers; define use intended; conditions

SB 278

Rights of Peace Officers, Firenghters, Public Safety Employees........... SB 22

Tortious Injury; compensation received for special damages; evidence

SB 289

Wrongful Death; mentally ill patients; examination of records

SB 40

TOWING, WRECKER SERVICES
Abandoned Vehicles; agents for lienholder; duties Abandoned Vehicles; liens; foreclosure; agents for lienholders . Committee to Study; liens; costs to reclaim illegally parked cars Licensing by Municipal Corporations; duties; violations; damages

SB 337 SB 328 SR 245 HB 492

TOWNS COUNTY HIGH SCHOOL BASEBALL TEAM; recognize ............. SR 251

TRAFFIC (See Motor Vehicles and Traffic)

TRANSPORTATION BOARD, STATE Election of James L. Lester......................................... Pages 196, 197 Election of Steve Reynolds ...... ....................................... Page 195

TRANSPORTATION (Also See Highways or Public Utilities and Transportation)

Buses; private schools, churches; accidents; inspection; study of .......

SR 206

Commissioner; membership; Governor's Development Council

HB 215

Department; contracts; bids by disadvantaged businesses ..............

SB 131

Department; highway construction; erosion, sediment control...

..

SB 84

Department; negotiated contracts; state, counties, municipalities............... SB 274

Department; property conveyance; U.S. 441-Milledgeville By-Pass

SR 54

Department; study of state-wide mass transit and heavy rail systems ....

SR 183

Designate; A. T. Land, Sr. Highway; S.R. 112, Wilkinson County ............. .HR 277

Designate; Battle Smith Bridge in Putnam County

SR 95

Designate; Creek Indian Trail Scenic Highway; S.R. 266 ...................... HR 228

Designate; Floy Farr Parkway; portion State Route 54, Peachtree City

SR 36

Designate; Floy Farr Parkway; portion State Route 54, Peachtree City

HR 105

Designate; George S. Lee Causeway; Chattahoochee River, Stewart

County ................................................................. HR 66

Designate; Joel Cowan Parkway on State Route 85, Peachtree City

HR 104

Designate; Joel Cowan Parkway, portion of State Route 74 ................... SR 35

Designate; Juliette Gordon Low Highway; State Highway 48; Chattooga

County ........ ..................................................... .HR 110

Designate; Lightwood Knot Bridge over Sandy Creek, Wilkinson County

HR 242

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2550

JOURNAL OF THE SENATE

TRANSPORTATION (Continued)

Designate; Peach Parkway at Byron; growth corridor expressway

HR 190

Designate; Thomas Humphrey Highway in Baldwin County

HR 19

Designate; U.S. 441 Business Historic Route in Habesham County

HR 74

Designate; William A. Ridley Bridge in Murray County, Highway #52

SR 39

Developmental Highway System; creation of; road corridors identified

HB 16

Equal Opportunity Office of DOT; director report to commissioner

SB 126

Forest Products Trucking Rules, Georgia; enforcement

HB 887

Handicap Transportation Services; identification cards

HB 601

MARTA; contracts for passenger vehicles; limit powers

SB 110

MARTA; fares for transportation services; special groups

SB 109

MARTA; investment of reserve funds; interest earned; use of proceeds

HB 670

MARTA; membership; remove Clayton, Gwinnett Counties ................... SB 111

MARTA; property, facilities adjacent stations; leases

HB 497

MARTA; wage issue disputes; neutral arbitrator; qualifications

....... SB 112

Mass Transit and Heavy Rail; state-wide system; direct DOT to study

SR 183

Motor Fuel Taxes; federal trust fund; urge remove from federal budget

SR 142

Motor Fuel Taxes; federal; urge congressional delegation oppose

HR 112

Northeast Georgia Surface and Air Transportation Commission; create

HB 853

Property Acquisition; railroad corridors, right of way; future needs

HB 822

Public Transportation; property acquisition; railroad corridors

HB 822

Rail, Rapid Busways; limited-access roads; municipal consent

HB 757

Road Closings; emergencies; State Patrol authority; interstate

highways ............................................................... HB 329

State Tollway Authority; financing and investment; sale of bonds

HB 758

System; port facilities, economic development highways, study of

SR 168

Truck Tractors-Semitrailers; length limitations; increase; equipment

SB 53

Truck Tractors-Semitrailers; maximum length, weight per axle;

equipment ........................................................... HB 53

Trucks; auto carriers, live poultry transporters; maximum length

HB 473

Trucks; farm produce, livestock transporters; 67 '/2 feet length ................ HB 464

Vehicles; length limitations; extended loads; required equipment

HB 431

TRIALS, PRETRIAL PROCEEDINGS; Jury Lists, Boxes; compilation process; board of commissioners duties ........................ .................... HB 524

TROUP COUNTY; superior court; judges; salary supplement; apportionment SB 332

TRUCKS

Commercial Vehicles; Uniform Commercial Driver's License Act; enact

HB 130

Forest Products Trucking Rules, Georgia; vehicles subject to .................. HB 887

Lengths, Loads; auto carriers, live poultry transporters; 65 feet length

HB 473

Multiline Heavy Equipment Dealers and Suppliers; regulate

SB 141

Multiline Heavy Equipment Dealers and Suppliers; regulate

SB 148

Slow-moving Farm Trailers, Semitrailers; visibility; escorts

HB 538

Tractor-Semitrailers; length limitations; equipment; extended loads

HB 431

Tractor-Semitrailers; length limitations; increase to 53 feet; equipment ......... SB 53

Tractor-Semitrailers; maximum length, weight per axle; equipment

HB 53

Windows, Windshields; light transmission requirements

HB 208

TURNER COUNTY

Board of Education; vacancies; method to fill

HB 826

Board of Elections; provide ................................................ HB 827

TURNER, LAWRENCE KEITH; commend

SR 178

TYRONE, TOWN OF; mayor, council; qualifications; terms; compensation HB 1017

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INDEX

2551

u

U. S. MARSHALS SERVICE 200TH ANNIVERSARY; commend............... SR 228

U.S. GOVERNMENT (See Federal Government or Congress)

UNADILLA, CITY OF Business License Tax Exemption; new area annexed corporate limits Unadilla Arena and Tourism Authority; creation; revenue bond powers

HB 994 HB 805

UNDERGROUND STORAGE TANK ACT; Jet Turbine Fuel; environmental assurance fees; corrective action .........................

HB 155

UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)

UNFAIR BUSINESS PRACTICES (See Fair Business Practices)

UNIFORM COMMERCIAL CODE; commercial paper; notice of dishonor;

state reason ....... ........ ......

............... ............. SB 187

UNION CAMP CORPORATION Easement for Pipeline, Electrical Cables in Savannah River Land Exchange; Skidaway Island State Park Skidaway Island State Park; commend development cooperation Skidaway Island State Park; cooperative project; commend Skidaway Island State Park; exchange of certain properties

SR 25 SR 171 SR 170 HR 401 SR 171

UNIVERSITY OF GEORGIA College of Agriculture; Aquaculture Development Commission Dooley, Vince; recognize upon retirement; UGA Head Football Coach Dooley, Vince, UGA Athletic Director; commend Football Team; commend ............................................. Goff, Ray; University of Georgia Head Coach; congratulate

HB 420 SR 233 SR 197 . SR 86 SR 13

UNIVERSITY SYSTEM (Also See Colleges or Education or Regents Board)

Academic Recognition Day, Outstanding Scholars; commend

SR 40

Athletic Facilities; projects defined, Development Authorities Law

SB 369

Commercial Activities; use of facilities; research; restrictions

SB 243

Employees; wages; deductions for charitable contributions

HB 159

Facilities; used by Georgia State Games and Olympic Training Centers

SB 194

Free Tuition; children of faculty members; request Regents consider

SR 198

Georgia State University; employment hiring records; disclosure

SB 297

Georgia Student Finance Commission; commissioners; compensation

HB 161

Gordon College; urge Board of Regents convert to four-year college

SR 147

Laboratory, Rehabilitation Technology, Scholars Endowment Study

Committee ............ ................................................. SR 10

Macon College; urge Board of Regents convert to regional college

SR 123

Middle Georgia College; urge Board of Regents convert to four-year

college ...................................................... SR 243

Open Meetings, Open Records; requirements of state agencies

SB 270

Radar Speed Detection Devices; use by campus police; permits

HB 324

Tift College; committee to study possibility of State purchasing

SR 15

URBAN RESIDENTIAL FINANCE AUTHORITY; housing share set aside; bond allocation pool ...................................................... HB 843

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2552

JOURNAL OF THE SENATE

USED CARS, DISMANTLERS, SALVAGE Dealers, State Board of Registration; extend to July 1, 1990 License Plates; proof of inspection for issuance Motor Vehicle Sales Financing; credit approval; vehicle delivery Salvaged Vehicles; certificate of title; insurer's application Used Car Dealers' Registration Act; leasing agencies; licensure
UTILITIES (See Public Utilities and Transportation)

SB 241 HB 131 SB 263 HB 201 SB 214

VAN NORTE, HARRIET K.; commend ...................................... SR 260

VENERAL DISEASES (See AIDS or Health)

VETERANS AFFAIRS (Also See Military Affairs)

Commissioner, Veterans Services; certification of disabled veterans

HB 129

Disabled Veterans; state parks, historic sites user fees reduced

HB 129

Employees' Retirement System; military service credit ............... ........ SB 78

Employees' Retirement System; military service; active duty 1955-57 .......... SB 223

Motor Vehicle License Plates; disabled veterans; special

HB 100

Motor Vehicle License Plates; special issuance ............................. SB 308

VETERINARIANS; anabolic steroids; limit use; criminal distribution

HB 71

VETOES BY GOVERNOR; 1988 and 1989 sessions........ Pages 19, 2374, 2576, 2577

VICTIMS OF CRIME Assistance Programs; traffic court penalty; cities over 300,000 ..... Emergency Fund; distribution of profits of crimes; eligibility Representation; Criminal Justice Coordinating Council

.......... SB 335 SB 62
HB 430

VIDALIA ONIONS; urge adoption federal marketing order

SR 55

VIDEOTAPES, MOTION PICTURE FILMS; rentals; sales tax

HB 488

VILLA RICA; Mayor and Councilmen; election and terms

HB 804

VIRGINIA, STATE OF; Seed Orchard Office, Wilkinson County; easement for road, power lines .............................................. ....... SR 22

VITAMINS; sales by chiropractors; profits

HB 661

VOTER REGISTRATION (Also See Elections)

Applications; proper identification documents

HB 404

Chief Deputy Registrars; county employees; exempt restrictions

HB 346

Identification Cards; issuance; procedures ..... .......................... HB 72

Permanent Additional Sites; deputy registrars

HB 63

Registrars; list of electors; address, voting precinct corrections

HB 400

Registrars; mandatory annual training; exceptions; costs

HB 62

Voting by Absentee Ballot; procedures; relatives assisting . . . ............. . ... SB 8

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INDEX

2553

w

WAGES

Assignment; child and spousal support orders; enforcement

SB 115

Assignment; child and spousal support; income deduction; enforcement ........ HB 139

Defined for Unemployment Compensation Purposes; exclusion; layoffs

HB 368

MARTA; disputes; neutral arbitrator; appointment; residency ................. SB 112

Unemployment Compensation; redefine base wages; computation date

HB 581

WALKER COUNTY

Coroner; compensation

HB 854

Lookout Mountain Judicial Circuit; probation officers; supplement

HB 1002

Probate Court; office of judge; personnel compensation; funds ................. HB 646

Superior Court; office personnel compensation

HB 645

Superior Court; additional judge, court reporter; elections

SB 132

Tax Commissioner; office personnel; compensation; funds

HB 647

WALKER, MARGARET L.; commend ....................................... SR 235

WALTON COUNTY Law Library; magistrate court collect additional fee .......................... HB 869 Superior Court; judges; supplement; salary; cost-of-living ..................... HB 903

WARE COUNTY; Alligators; wildlife custody permits; feeding; exemptions

HB 264

WARNER ROBINS CLEAN COMMUNITY COMMISSION; recognize

SR 26

WARREN COUNTY Deputy Sheriffs; appointment; compensation; equipment; expenses Deputy Sheriffs; appointment; compensation; equipment; expenses

SB 365 HB 910

WARRENTON, CITY OF; elections; mayor, mayor protem., council; districts; terms .................................................................... HB 909

WASTE MANAGEMENT (Also See Hazardous Materials)

Hazardous Waste Management Authority; composition; membership ............ SB 82

Hazardous; facility permit applications; public notices

HB 75

Landfills; operators; certification; permits; notices; site decisions

SB 70

Landfills; solid waste disposal sites; limit local authority

SB 226

Landfills; solid waste disposal; local government regulations

SB 96

Landfills; solid waste disposal; proximity to residential areas

SB 163

Recycling and Land Preservation Study Committee .......................... SR 117

Recycling; urging community recycling, land preservation

SR 26

Solid Waste Collection; private contracts; municipal expansion

SB 237

Solid Waste Disposal Facilities; assistance to local governments

SB 83

Solid Waste Disposal Sites; permits; adjoining county approval

HB 102

Solid Waste Management Joint Study Committee

SR 103

Utility Contractors and Foreman; licensing; certification; bids

SB 140

Waste Water; pollutants; chemical, biological spills; regulate .................. HB 345

Wastewater; reduce phosphorus discharged by household detergents

HB 719

Water Supply Protection Act; land use within watersheds; regulate

SB 157

Water, Wastewater Treatment Plant Operators, Analysts; certification

HB 574

WATERS, CHASTITY CAROL; NATIONAL COURAGE AWARD; commend . . . SR 107

WATERS, LIEUTENANT COLONEL JACK T. OF SALVATION ARMY; recognize.................................................................. SR 46

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2554

JOURNAL OF THE SENATE

WATERS, PORTS AND WATERCRAFT

Abandoned Vessels; disposition procedures

HB 476

Aquatic Animals, Plants; development of aquaculture farming

HB 420

Board of Pilotage Commissioners; records; evidence; changes Title 24 .......... SB 336

Boats Constructed Before 1978; sewage discharge; Lake Sidney Lanier

SB 309

Boats; forfeiture for use in commission of felony; procedures

SB 23

Boats; personal inland marine insurance; regulate rate filing

SB 35

Clarks Hill Lake; continue name designation of dam and lake

HR 115

Fishing; fresh-water sport; license reciprocity; boat restrictions

SB 106

Floatable Streams; public right of passage; offense of interference

SB 203

Groundwater Recharge Areas; solid waste disposal sites prohibited

SB 70

Lake Sidney Lanier; sewage discharge; boats constructed before 1978

SB 309

Lakes Sinclair and Oconee; fishing; commercial baskets per person

HB 134

Lakes; Sinclair and Oconee; fish baskets; trout waters, no season

SB 106

Marinas; Natural Resources Department powers as to projects

HB 263

Marshlands, Water Bottoms; lease of state property; terms

HB 272

Metropolitan River Protection Act; definitions; land, water use

plans .............................................................HB 215

Port Facilities; committee to study transportation system

SR 168

Sailboards; exemption; Georgia Boat Safety Act

HB 49

Salt-water Fishing; open seasons; finfish; creel; size limits

SB 105

Savannah River ; easement to Union Camp Corporation

SR 25

St. Marys River; reciprocal pilotage agreement with Florida

HB 612

Tidal Streams, Estuaries; oyster, clam harvesting; approved areas

SB 59

Water Pollutants; spills by Public Owned Treatment Works; regulate

HB 345

Water Quality; phosphorus reduction; laundry detergent contents ............. HB 719

Water Resources; Mountain Protection Act.................................... SB 1

Water Resources; erosion and sediment control; local authority

SB 16

Water Resources; streams, flood plains; land-disturbing activities

SB 84

Water Supply Act; enact; reservoirs, sale of water, wetlands

protection ............................................................... SB 86

Water Supply Protection Act; land-disturbing activities; ordinances

SB 157

Water Treatment Facilities; tampering or theft; municipal powers

SB 244

Water; priority during shortages; nurserymen, landscapers

SR 237

Water, Drinking; residential service; disconnect limitations

SB 15

Water, Wastewater Treatment Plant Operators, Analysts; certification

HB 574

West Point Lake Joint Study Committee

SR 128

WATERS, SHERIFF ROMIE OF TATTNALL COUNTY; commend

SR 158

WATSON, JARRET LEE, 1988 WATERMELON QUEEN; commend

SR 146

WATSON, WILLIAM C., MCDUFFIE COUNTY SUPERIOR COURT CLERK; commend ................................................................ SR 227

WAYCROSS, CITY OF

Charter; revise and restate ................................................ HB 1025

Office of Mayor; provide; add areas to territorial limits

HB 41

WEAPONS (See Firearms or Courts)

WEBSTER COUNTY; board of commissioners; qualifications; elections; duties ................................................................... HB 965

WELFARE (See Social Services or Human Resources or Medical Assistance)

WEST POINT LAKE JOINT STUDY COMMITTEE

SR 128

WESTPOINT PEPPERELL, INC.; William F. Parley; recognize

SR 221

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INDEX

2555

WESTPOINT PEPPERELL, INC.; Corporations; shares; rights, purchase options; corporate takeovers ............................................... HB 245

WHEELER, DR. SUSIE W.; commend ....................................... SR 234

WHITE COUNTY Property Conveyance; sell Human Resources Department surplus property ............................................................... HR 165 Superior Court; judges; salary supplement................................... SB 405

WHITFIELD COUNTY Board of Education; members; elections; terms .............................. HB 579 Coroner; compensation .................................................... HB 834

WILCOX COUNTY

Board of Commissioners; elections .......................................... HB 808

School District; board of education; election districts; vacancies

HB 807

WILKES COUNTY; board of commissioners; compensation; benefits; road superintendent ........................................................... HB 791

WILKINSON COUNTY A. T. Land, Sr. Highway; designate portion S.R. 112 at Toomsboro. Board of Education; members serving simultaneous municipal office Board of Education; service by officeholders of City of Gordon Forestry Commission Property; easement for road, power lines Lightwood Knot Bridge over Sandy Creek; restore historical name

HR 277 SB 384 SB 385 SR 22 HR 242

WILLIAMS, LYNN W.; commend ........................................... SR 266

WILLIAMSON, JOHN W., JR.; commend .................................... SR 157

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Actions Against Foreign Trustees of Property; service of process

SB 321

Administrators or Executors; aliens; qualifications; residency;

bonds.................................................................. HB 258

Code Revision, Title 53. .................................................... HB 93

Decedents in Nursing Homes; residency determination; probate courts

HB 157

Evidence; conform provisions in changes made to Title 24 .................... SB 336

Guardians; orders transferring jurisdiction of the trust ....................... HB 733

Guardianship of Property; incapacitated adults; certificates; filing

HB 257

Living Wills; witnesses ..................................................... HB 76

Petitions; waiver of bond; grant of powers; discharge; publications

HB 357

Trustees; resignation proceedings; probate court jurisdiction

HB 259

Trusts; revisions; Georgia Business Corporation Code

HB 335

WINDER, CITY OF Easement for Underground Water Supply Line; Fort Yargo State Park Winder/Barrow County Airport Authority; selection method; number

HR 98 HB 824

WINE (See Alcoholic Beverages)

WORKERS' COMPENSATION

Appeals to Superior Court; setting aside board decisions; procedures

HB 274

Construction Design Professionals; third-party tort-feasors;

immunity .............................................................. HB 319

Disability Income; 400 week maximum; rehabilitation; appeals

SB 61

Group Self-insurance Funds; security deposits; surplus; reserves

HB 367

Pharmacy Benefits; requirements imposed by insurers; restrictions............. HB 686

Rehabilitation Benefits; assessment; time period; procedures .................. HB 891

Rehabilitation Benefits; define injury; notices; hearing cost, fees ................ SB 61

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2556

JOURNAL OF THE SENATE

WORKERS' COMPENSATION (Continued)

Rehabilitation Suppliers, Registered; qualifications; revocation;

fees.................................................................... HB 274

Self-insurers Guaranty Trust Fund; create and establish

SB 60

State Board; members and administrative law judges; compensation

HB 274

State Board; members, law judge, directors emeritus; salary; duties

SB 61

WORLD CONGRESS CENTER

Authority; contractural powers; multipurpose domed stadium;

financing ............................................................... HB 223

Department of Industry, Trade, and Tourism; contracts; grants

SB 82

Project Number GWWC-2, Georgia Dome; authorize sell surplus land

SR 64

WRECKERS (See Towing, Wrecker Services)

YOUNG, ANDREW; Mayor of Atlanta; introduction, remarks

Page 116

YOUNG, MEREDITH; commend

SR 87

YOUTH DEVELOPMENT CENTERS; Metropolitan Youth Development Center; close facility; other uses ................................................... SR 155

YOUTH WORK EXPERIENCE AND COMMUNITY SERVICE; committee to study ....................................................... SR 220

ZONING (Also See Property) Comprehensive Plans, Certain Counties; annexation of area included Counties of 250,000 or More; land use plans; requirements Mountain Protection Act; enact; land use plans, ordinances

HB 962 SB 316
SB 1

Refer to numerical index for page numbers